43-U.S.C.-1345
§1345 – Coordination and Consultation With Affected State and Local Governments
Pathway
Title 43 > Chapter 29 > Subchapter III > Section 1345
Details
- Reference: Section 1345
- Legend: §1345 – Coordination and Consultation With Affected State and Local Governments
- USCode Year: 2013
Provision Content
(a) Recommendations regarding size, time, or location of proposed lease sales
Any Governor of any affected State or the executive of any affected local government in such State may submit recommendations to the Secretary regarding the size, timing, or location of a proposed lease sale or with respect to a proposed development and production plan. Prior to submitting recommendations to the Secretary, the executive of any affected local government in any affected State must forward his recommendations to the Governor of such State.
(b) Time for submission of recommendations
Such recommendations shall be submitted within sixty days after notice of such proposed lease sale or after receipt of such development and production plan.
(c) Acceptance or rejection of recommendations
The Secretary shall accept recommendations of the Governor and may accept recommendations of the executive of any affected local government if he determines, after having provided the opportunity for consultation, that they provide for a reasonable balance between the national interest and the well-being of the citizens of the affected State. For purposes of this subsection, a determination of the national interest shall be based on the desirability of obtaining oil and gas supplies in a balanced manner and on the findings, purposes, and policies of this subchapter. The Secretary shall communicate to the Governor, in writing, the reasons for his determination to accept or reject such Governors recommendations, or to implement any alternative means identified in consultation with the Governor to provide for a reasonable balance between the national interest and the well-being of the citizens of the affected State.
(d) Finality of acceptance or rejection of recommendations
The Secretarys determination that recommendations provide, or do not provide, for a reasonable balance between the national interest and the well-being of the citizens of the affected State shall be final and shall not, alone, be a basis for invalidation of a proposed lease sale or a proposed development and production plan in any suit or judicial review pursuant to section 1349 of this title, unless found to be arbitrary or capricious.
(e) Cooperative agreements
The Secretary is authorized to enter into cooperative agreements with affected States for purposes which are consistent with this subchapter and other applicable Federal law. Such agreements may include, but need not be limited to, the sharing of information (in accordance with the provisions of section 1352 of this title), the joint utilization of available expertise, the facilitating of permitting procedures, joint planning and review, and the formation of joint surveillance and monitoring arrangements to carry out applicable Federal and State laws, regulations, and stipulations relevant to outer Continental Shelf operations both onshore and offshore.
(Aug. 7, 1953, ch. 345, §19, as added Pub. L. 95–372, title II, §208, Sept. 18, 1978, 92 Stat. 652.)
U.S. Encyclopedia of Law Coverage
43-U.S.C.-1302 in the Legal Encyclopedia: Public Lands
In this entry about 43-U.S.C.-1302, find legal reference material, bibliographies and premiere content related to public lands in the American Encyclopedia of Law, presenting a comprehensive view of the United States public lands-specific issues, written by authorities in the field.
43-U.S.C.-1337 in the Legal Encyclopedia: Submerged Lands
In this entry about 43-U.S.C.-1337, find legal reference material, bibliographies and premiere content related to submerged lands in the American Encyclopedia of Law, presenting a comprehensive view of the United States submerged lands-specific issues, written by authorities in the field.
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