U.S. Code » Title 43 » Chapter CHAPTER 29— SUBMERGED LANDS › Subchapter SUBCHAPTER III— OUTER CONTINENTAL SHELF LANDS

43 U.S.C. § 1345

Coordination and consultation with affected State and local governments

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(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 Governor’s 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 Secretary’s 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.)
Notes of Decisions
Cited in 36 cases, 1980–2012 · leading case: Secretary of the Interior v. California
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Secretary of the Interior v. California (1984) scotus · cites it 10× “43 U. S. C. § 1345 (a) (1976 ed., Supp. V).”
Maine v. Thiboutot (1980) scotus · cites it 2× “652 , 43 U. S. C. § 1345 (1976 ed., Supp. III) (oil leasing).”
State of Cal. by and Through Brown v. Watt (1981) cacd · cites it 11× “In transmitting the revised proposed notice to Governor Brown, Secretary Watt requested recommendations pursuant to § 19 of OCSLA, 43 U.S.C. § 1345 . By letter dated April 7, 1981, Governor Brown submitted his recommendations concerning the revised Lease Sale No.”
Village of False Pass v. Watt (1983) akd · cites it 6× “A duty to proceed in a balanced manner is also imposed by Section 19 of the Outer Continental Shelf Lands Act 43 U.S.C. § 1345 . This section provides a mechanism for coordination between the federal government and state and local governments affected by the sale.”
California v. Watt (1982) ca9 · cites it 12× “In transmitting the revised proposal to Governor Brown, Secretary Watt requested recommendations pursuant to section 19 of the OCSLA, 43 U.S.C. § 1345 . By letter dated April 7, 1981, Governor Brown submitted his recommendations concerning the revised Lease Sale 53.”
Conservation Law Foundation v. Watt (1983) mad · cites it 6× “At this time, then-Governor King and the Governors of all other affected states were asked, pursuant to section 19 of the OCS Lands Act, 43 U.S.C. § 1345 , to submit recommendations regarding the “size, timing, and location” of Lease Sale 52.”
Ctr for Biological Diversity v. Ken Salazar (2012) ca5 · cites it 2× “43 U.S.C. §§ 1345 (a), 1351(a)(3) (1976 ed.”
Com. of Mass. v. Clark (1984) mad · cites it 5× “The Outer Continental Shelf Lands Act The Commonwealth and CLF claim the Secretary has acted in derogation of Section 19 of the Outer Continental Shelf Lands Act, 43 U.S.C. § 1345 . Specifically, the Commonwealth argues the Secretary’s decision to reject the recommendations of…”
Tribal Village of Akutan v. Hodel (1988) ca9 · cites it 3× “First, they contend that the Secretary’s rejection of the Governor’s key recommendations to delay and limit the area of the sale was arbitrary and capricious, thus violating section 19 of OCSLA, 43 U.S.C. § 1345 . Second, they claim that the environmental impact statement…”
Conservation Law Foundation of New England, Inc. v. Secretary of the Interior (1986) ca1 “§ 1349 (a)(5), in support of its NEPA claim, which the court did, provisionally, sustain. Section 1345 requires that the Secretary give due consideration to recommendations of the “Governor of any affected state.”
California ex rel. Brown v. Watt (1983) cadc “. We also reject petitioners’ contention that the Secretary was required to separate the Central and Northern California lease sale into two distinct sales.”
New Mexico Ex Rel. Richardson v. Bureau of Land Management (2006) nmd “” 43 U.S.C. § 1345 (c). As pointed out above, FLPMA contains no such language and therefore, unlike the Continental Shelf leasing statute, does not grant broad authority to governors to make recommendations that could become binding.”
Show all 36 citing cases →
— 43 U.S.C. § 1345(a) — 1 case
Legal Issues Raised by Proposed Presidential Proclamation to Extend the Territorial Sea (1988) olc
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