---
kind: "section"
citation: "43 U.S.C. § 1345"
title: "43"
title_heading: "Public Lands"
number: "1345"
heading: "Coordination and consultation with affected State and local governments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/43/1345"
units:
  - "Chapter 29 — Submerged Lands"
  - "Subchapter III — Outer Continental Shelf Lands"
---

# §1345. Coordination and consultation with affected State and local governments

- (a) **Recommendations regarding size, time, or location of proposed lease sales—** Any [Governor](/usc/43/1331.md?p=j) of any [affected State](/usc/43/1331.md?p=f) or the executive of any affected local government in such [State](/usc/43/1301.md?p=g) may submit recommendations to the [Secretary](/usc/43/1331.md?p=b) regarding the size, timing, or location of a proposed [lease](/usc/43/1331.md?p=c) sale or with respect to a proposed [development](/usc/43/1331.md?p=l) and [production](/usc/43/1331.md?p=m) plan. Prior to submitting recommendations to the [Secretary](/usc/43/1331.md?p=b), the executive of any affected local government in any [affected State](/usc/43/1331.md?p=f) must forward his recommendations to the [Governor](/usc/43/1331.md?p=j) of such [State](/usc/43/1301.md?p=g).
- (b) **Time for submission of recommendations—** Such recommendations shall be submitted within sixty days after notice of such proposed [lease](/usc/43/1331.md?p=c) sale or after receipt of such [development](/usc/43/1331.md?p=l) and [production](/usc/43/1331.md?p=m) plan.
- (c) **Acceptance or rejection of recommendations—** The [Secretary](/usc/43/1331.md?p=b) shall accept recommendations of the [Governor](/usc/43/1331.md?p=j) 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](/usc/43/1331.md?p=f). 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](/usc/43/1331.md?p=b) shall communicate to the [Governor](/usc/43/1331.md?p=j), in writing, the reasons for his determination to accept or reject such [Governor](/usc/43/1331.md?p=j)’s recommendations, or to implement any alternative means identified in consultation with the [Governor](/usc/43/1331.md?p=j) to provide for a reasonable balance between the national interest and the well-being of the citizens of the [affected State](/usc/43/1331.md?p=f).
- (d) **Finality of acceptance or rejection of recommendations—** The [Secretary](/usc/43/1331.md?p=b)’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](/usc/43/1331.md?p=f) shall be final and shall not, alone, be a basis for invalidation of a proposed [lease](/usc/43/1331.md?p=c) sale or a proposed [development](/usc/43/1331.md?p=l) and [production](/usc/43/1331.md?p=m) plan in any suit or judicial review pursuant to [section 1349 of this title](/usc/43/1349.md), unless found to be arbitrary or capricious.
- (e) **Cooperative agreements—** The [Secretary](/usc/43/1331.md?p=b) is authorized to enter into cooperative agreements with [affected States](/usc/43/1331.md?p=f) 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](/usc/43/1352.md)), 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](/usc/43/1301.md?p=g) laws, regulations, and stipulations relevant to [outer Continental Shelf](/usc/43/1331.md?p=a) operations both onshore and offshore.

## Source credit

(Aug. 7, 1953, ch. 345, § 19, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 652.)