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43 U.S.C. § 1345 — Coordination and consultation with affected State and local governments
Federal law — U.S. Code and appendices · legal_authorities
**(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 Secreta
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Source file: Laws/federal/codes/united-states-code/title-43/section-1345-coordination-and-consultation-with-affected-state-and-local-governments--238cc6d7c6.md
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Source location: Title 43, Chapter 29, § 1345; chapter-029-submerged-lands.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1349&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1352&num=0&edition=prelim)), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons who may bring actions; persons against whom action may be brought; time of action; intervention by Attorney General; costs and fees; security**
(1) Except as provided in this section, any person having a valid legal interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this subchapter against any person, including the United States, and any other government instrumentality or agency (to the extent permitted by the eleventh amendment to the Constitution) for any alleged violation of any provision of this subchapter or any regulation promulgated under this subchapter, or of the terms of any permit or lease issued by the Secretary under this subchapter.
(2) Except as provided in paragraph (3) of this subsection, no action may be commenced under subsection (a)(1) of this section—
(A) prior to sixty days after the plaintiff has given notice of the alleged violation, in writing under oath, to the Secretary and any other appropriate Federal official, to the State in which the violation allegedly occurred or is occurring, and to any alleged violator; or
(B) if the Attorney General has commenced and is diligently prosecuting a civil action in a court of the United States or a State with respect to such matter, but in any such action in a court of the United States any person having a legal interest which is or may be adversely affected may intervene as a matter of right.
(3) An action may be brought under this subsection immediately after notification of the alleged violation in any case in which the alleged violation constitutes an imminent threat to the public health or safety or would immediately affect a legal interest of the plaintiff.
(4) In any action commenced pursuant to this sectio
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1349
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Access to data and information obtained by lessee or permittee from oil or gas exploration, etc., data obtained by Federal department or agency from geological and geophysical explorations**
(1)
(A) Any lessee or permittee conducting any exploration for, or development or production of, oil or gas pursuant to this subchapter shall provide the Secretary access to all data and information (including processed, analyzed, and interpreted information) obtained from such activity and shall provide copies of such data and information as the Secretary may request. Such data and information shall be provided in accordance with regulations which the Secretary shall prescribe.
(B) If an interpretation provided pursuant to subparagraph (A) of this paragraph is made in good faith by the lessee or permittee, such lessee or permittee shall not be held responsible for any consequence of the use of or reliance upon such interpretation.
(C) Whenever any data and information is provided to the Secretary, pursuant to subparagraph (A) of this paragraph—
(i) by a lessee, in the form and manner of processing which is utilized by such lessee in the normal conduct of his business, the Secretary shall pay the reasonable cost of reproducing such data and information;
(ii) by a lessee, in such other form and manner of processing as the Secretary may request, the Secretary shall pay the reasonable cost of processing and reproducing such data and information;
(iii) by a permittee, in the form and manner of processing which is utilized by such permittee in the normal conduct of his business, the Secretary shall pay such permittee the reasonable cost of reproducing such data and information for the Secretary and shall pay at the lowest rate available to any purchaser for
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1352
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Federal law — U.S. Code and appendices · legal_authorities
Page 350
TITLE 43—PUBLIC LANDS
§ 1345
1 So in original. Probably should be ‘‘nonprivileged’’.
tered by an affected coastal State pursuant to
section 1454 or section 1455 of title 16.
Such procedures shall be applicable to any sig-
nificant revision or reapproval of the leasing
program.
(g) Information from public and private sources;
confidentiality of classified or privileged
data
The
Secretary
may
obtain
from
public
sources, or purchase from private sources, any
survey, data, report, or other information (in-
cluding interpretations of such data, survey, re-
port, or other information) which may be nec-
essary to assist him in preparing any environ-
mental impact statement and in making other
evaluations required by this subchapter. Data of
a classified nature provided to the Secretary
under the provisions of this subsection shall re-
main confidential for such period of time as
agreed to by the head of the department or
agency from whom the information is requested.
The Secretary shall maintain the confiden-
tiality of all privileged or proprietary data or
information for such period of time as is pro-
vided for in this subchapter, established by regu-
lation, or agreed to by the parties.
(h) Information from all Federal departments
and agencies; confidentiality of privileged or
proprietary information
The heads of all Federal departments and
agencies shall provide the Secretary with any
nonpriviledged 1 or nonproprietary information
he requests to assist him in preparing the leas-
ing program and may provide the Secretary
with any privileged or proprietary information
he requests to assist him in preparing the leas-
ing program. Privileged or proprietary informa-
tion provided to the Secretary under the provi-
sions of this subsection s
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1345
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