43 U.S.C. § 1345 — Coordination and consultation with af-

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 shall remain confiden- tial for such period of time as agreed to by the head of the department or agency from whom the information is requested. In addition, the Secretary shall utilize the existing capabilities and resources of such Federal departments and agencies by appropriate agreement. (i) Application This section shall not apply to the scheduling of any lease sale in an area of the outer Conti- nental Shelf that is adjacent to the Common- wealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Com- monwealth of the Northern Mariana Islands. (Aug. 7, 1953, ch. 345, § 18, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 649; Pub. L. 117–169, title V, § 50251(b)(1)(B), Aug. 16, 2022, 136 Stat. 2055.) Editorial Notes AMENDMENTS 2022—Subsec. (i). Pub. L. 117–169 added subsec. (i). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of the Interior to promulgate regulations under this subchapter which relate to fos- tering of competition for Federal leases, implementa- tion of alternative bidding systems authorized for award of Federal leases, establishment of diligence re- quirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of procedures, terms, and conditions for ac- quisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by section 7152(b) of Title 42, The Public Health and Wel- fare. Section 7152(b) of Title 42 was repealed by Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and func- tions of Secretary of Energy returned to Secretary of the Interior. See House Report No. 97–315, pp. 25, 26, Nov. 5, 1981. § 1345. Coordination and consultation with af- fected State and local governments (a) Recommendations regarding size, time, or lo- cation of proposed lease sales Any Governor of any affected State or the ex- ecutive of any affected local government in such State may submit recommendations to the Sec- retary regarding the size, timing, or location of a proposed lease sale or with respect to a pro- posed 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 rec- ommendations 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 recommenda- tions of the executive of any affected local gov- ernment if he determines, after having provided the opportunity for consultation, that they pro- vide for a reasonable balance between the na- tional interest and the well-being of the citizens of the affected State. For purposes of this sub- section, 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 sub- chapter. The Secretary shall communicate to the Governor, in writing, the reasons for his de- termination to accept or reject such Governor’s recommendations, or to implement any alter- native means identified in consultation with the Governor to provide for a reasonable balance be- tween the national interest and the well-being of the citizens of the affected State. (d) Finality of acceptance or rejection of rec- ommendations The Secretary’s determination that rec- ommendations provide, or do not provide, for a reasonable balance between the national inter- est and the well-being of the citizens of the af- fected 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 arbi- trary or capricious. (e) Cooperative agreements The Secretary is authorized to enter into co- operative agreements with affected States for Page 351 TITLE 43—PUBLIC LANDS § 1346 purposes which are consistent with this sub- chapter and other applicable Federal law. Such agreements may include, but need not be lim- ited to, the sharing of information (in accord- ance with the provisions of section 1352 of this title), the joint utilization of available exper- tise, 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.) § 1346. Environmental studies (a) Information for assessment and management of impacts on environment; time for study; impacts on marine biota from pollution or large spills (1) The Secretary shall conduct a study of any area or region included in any oil and gas lease sale or other lease in order to establish informa- tion needed for assessment and management of environmental impacts on the human, marine, and coastal environments of the outer Conti- nental Shelf and the coastal areas which may be affected by oil and gas or other mineral develop- ment in such area or region. (2) Each study required by paragraph (1) of this subsection shall be commenced not later than six months after September 18, 1978, with respect to any area or region where a lease sale has been held or announced by publication of a notice of proposed lease sale before September 18, 1978, and not later than six months prior to the holding of a lease sale with respect to any area or region where no lease sale has been held or scheduled before September 18, 1978. In the case of an agreement under section 1337(k)(2) of this title, each study required by paragraph (1) of this subsection shall be commenced not later than 6 months prior to commencing negotia- tions for such agreement or the entering into the memorandum of agreement as the case may be. The Secretary may utilize information col- lected in any study prior to September 18, 1978. (3) In addition to developing environmental in- formation, any study of an area or region, to the extent practicable, shall be designed to predict impacts on the marine biota which may result from chronic low level pollution or large spills associated with outer Continental Shelf produc- tion, from the introduction of drill cuttings and drilling muds in the area, and from the laying of pipe to serve the offshore production area, and the impacts of development offshore on the af- fected and coastal areas. (b) Additional studies subsequent to leasing and development of area Subsequent to the leasing and developing of any area or region, the Secretary shall conduct such additional studies to establish environ- mental information as he deems necessary and shall monitor the human, marine, and coastal environments of such area or region in a manner designed to provide time-series and data trend information which can be used for comparison with any previously collected data for the pur- pose of identifying any significant changes in the quality and productivity of such environ- ments, for establishing trends in the areas stud- ied and monitored, and for designing experi- ments to identify the causes of such changes. (c) Procedural regulations for conduct of studies; cooperation with affected States; utilization of information from Federal, State and local governments and agencies The Secretary shall, by regulation, establish procedures for carrying out his duties under this section, and shall plan and carry out such duties in full cooperation with affected States. To the extent that other Federal agencies have pre- pared environmental impact statements, are conducting studies, or are monitoring the af- fected human, marine, or coastal environment, the Secretary may utilize the information de- rived therefrom in lieu of directly conducting such activities. The Secretary may also utilize information obtained from any State or local government, or from any person, for the pur- poses of this section. For the purpose of carrying out his responsibilities under this section, the Secretary may by agreement utilize, with or without reimbursement, the services, personnel, or facilities of any Federal, State, or local gov- ernment agency. (d) Consideration of relevant environmental in- formation in developing regulations, lease conditions and operating orders The Secretary shall consider available rel- evant environmental information in making de- cisions (including those relating to exploration plans, drilling permits, and development and production plans), in developing appropriate reg- ulations and lease conditions, and in issuing op- erating orders. (e) Assessment of cumulative effects of activities on environment; submission to Congress As soon as practicable after the end of every 3 fiscal years, the Secretary shall submit to the Congress and make available to the general pub- lic an assessment of the cumulative effect of ac- tivities conducted under this subchapter on the human, marine, and coastal environments. (f) Utilization of capabilities of Department of Commerce In executing his responsibilities under this section, the Secretary shall, to the maximum extent practicable, enter into appropriate ar- rangements to utilize on a reimbursable basis the capabilities of the Department of Com- merce. In carrying out such arrangements, the Secretary of Commerce is authorized to enter into contracts or grants with any person, orga- nization, or entity with funds appropriated to the Secretary of the Interior pursuant to this subchapter. (Aug. 7, 1953, ch. 345, § 20, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 653; amended Pub. L. 103–426, § 1(b), Oct. 31, 1994, 108 Stat. 4371; Pub. L. 104–66, title I, § 1082(b), Dec. 21, 1995, 109 Stat. 722.)