Bill Details

S.109 - 119th Congress

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Status
  1. Introduced
  2. Passed House
  3. Passed Senate
  4. To President
  5. Law
Latest action
2025-01-16 - Read twice and referred to the Committee on Energy and Natural Resources.
Introduced Date
2025-01-16
Policy Area
Energy
Committees
7
0

AI Summary This summary was generated by AI from the bill text. AI can get information wrong.

This bill would require the Interior Department to hold a long series of offshore oil and gas lease sales in the Gulf of Mexico over the next 10 years. It sets a schedule for 20 sales, says each sale must offer a very large amount of offshore area, and gives the department broad authority to move the sales forward quickly. The bill also tries to limit the effect of court challenges on leases that are already issued. In addition, it would extend and expand the current ban on leasing in certain parts of the Gulf and nearby waters, while keeping existing leases in place and allowing some leases for environmental protection projects.

  • It would require at least 20 offshore lease sales between 2026 and 2035, with sales due every spring and fall.
  • Each sale would have to offer at least 74 million acres in the Gulf of Mexico region.
  • The lease sales would generally follow the same terms as Gulf of Mexico Lease Sale 261, and the Interior Secretary could waive other rules that would slow things down.
  • If a lawsuit is filed over the environmental review for a sale, the bill says that lawsuit would not cancel the leases or automatically stop drilling permit reviews. If a court finds a problem, the matter would be sent back to the agency to fix, rather than undoing the sale.
  • The bill would extend the current moratorium on oil and gas leasing in the Eastern Gulf of Mexico through December 31, 2035, and would also add the South Atlantic Planning Area and the Straits of Florida Planning Area to the ban.
  • Existing valid leases would not be affected, and the Secretary could still issue leases in the closed areas for environmental conservation projects such as shore protection, beach nourishment, wetlands restoration, and habitat protection.

Official Summaries

Offshore Energy Security Act of 2025

This bill directs the Department of the Interior to conduct two offshore oil and gas lease sales per year for 10 years in the Gulf of Mexico Region Program Area, places a moratorium on oil and gas leases in certain areas, and establishes related requirements.

Interior must offer at least 74 million acres for each offshore lease sale in such region. The bill stipulates the terms and conditions of such leases. Interior must also carry out the lease sales in accordance with the Record of Decision approved by Interior on January 17, 2017.

Interior may waive certain requirements under the National Outer Continental Shelf Oil and Gas Leasing Program that would delay final approval of those lease sales.

In addition, the bill prohibits such lease sales from being invalidated as a result of lawsuits relating to environmental reviews under the National Environmental Policy Act of 1969. It also limits delays to the lease sales as a result of the lawsuits.

Finally, the bill extends through 2035 a moratorium on oil and gas leasing in (1) any area east of the Military Mission Line in the Gulf of Mexico; (2) any area in the Eastern Planning Area that is within 125 miles of Florida's coastline; and (3) certain areas in the Central Planning Area, including specified areas along Florida's coastline. It also places a moratorium through 2035 on oil and gas leasing in the South Atlantic Planning Area or the Straits of Florida Planning Area.

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 109 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                 S. 109

 To require the Secretary of the Interior to conduct certain offshore 
lease sales under the Outer Continental Shelf Lands Act, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2025

Mr. Cassidy (for himself, Mrs. Hyde-Smith, Mr. Wicker, Mrs. Britt, and 
Mr. Tuberville) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of the Interior to conduct certain offshore 
lease sales under the Outer Continental Shelf Lands Act, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Offshore Energy Security Act of 
2025''.

SEC. 2. OFFSHORE OIL AND GAS LEASE SALES.

    (a) Definitions.--In this section:
            (1) Offshore lease sale.--The term ``offshore lease sale'' 
        means an oil and gas lease sale--
                    (A) that is held by the Secretary in accordance 
                with the Outer Continental Shelf Lands Act (43 U.S.C. 
                1331 et seq.), notwithstanding the requirements of 
                section 18 of that Act (43 U.S.C. 1344);
                    (B) offers the same lease form, lease terms, 
                economic conditions, and stipulations as contained in 
                the final notice of sale entitled ``Gulf of Mexico 
                Outer Continental Shelf Oil and Gas Lease Sale 261'' 
                (88 Fed. Reg. 80750 (November 20, 2023)); and
                    (C) that, if any acceptable bids have been received 
                for any tract offered in the lease sale, results in the 
                issuance of leases within 90 days of the sale to the 
                highest bids on the tracts offered, subject to the 
                procedures for determining bid adequacy of the Bureau 
                of Ocean Energy Management, effective March 8, 2016, 
                with respect to--
                            (i) Central Gulf of Mexico Sale 241; and
                            (ii) Eastern Gulf of Mexico Sale 226.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Waiver.--The Secretary may waive any other requirements under 
section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) 
that would delay final approval of an offshore lease sale under 
subsection (c).
    (c) Requirement.--Notwithstanding the 2024-2029 National Outer 
Continental Shelf Oil and Gas Leasing Program, the Secretary shall--
            (1) conduct not fewer than 20 offshore lease sales, as 
        described under subsection (d), during the 10-year period 
        beginning on the date of enactment of this Act; and
            (2) to the maximum extent practicable, carry out a lease 
        sale under this subsection in accordance with the Record of 
        Decision approved by the Secretary on January 17, 2017, and 
        described in the notice of availability of the Bureau of Ocean 
        Energy Management entitled ``Record of Decision for the 2017-
        2022 Outer Continental Shelf Oil and Gas Leasing Program Final 
        Programmatic Environmental Impact Statement; MMAA104000'' (82 
        Fed. Reg. 6643 (January 19, 2017)).
    (d) Timing.--In conducting the offshore lease sales under 
subsection (c), the Secretary shall conduct a lease sale under this 
section not later than each of the following dates:
            (1) March 31, 2026.
            (2) August 31, 2026.
            (3) March 31, 2027.
            (4) August 31, 2027.
            (5) March 31, 2028.
            (6) August 31, 2028.
            (7) March 31, 2029.
            (8) August 31, 2029.
            (9) March 31, 2030.
            (10) August 31, 2030.
            (11) March 31, 2031.
            (12) August 31, 2031.
            (13) March 31, 2032.
            (14) August 31, 2032.
            (15) March 31, 2033.
            (16) August 31, 2033.
            (17) March 31, 2034.
            (18) August 31, 2034.
            (19) March 31, 2035.
            (20) August 31, 2035.
    (e) Area Offered for Lease.--
            (1) Acreage.--The Secretary shall offer not fewer than 
        74,000,000 acres for each offshore lease sale conducted under 
        subsection (c).
            (2) Location.--An offshore lease sale conducted under 
        subsection (c) shall be in the Gulf of Mexico Region Program 
        Area as identified in Figure S-1 of the 2017-2022 Outer 
        Continental Shelf Oil and Gas Leasing Proposed Final Program 
        published on November 18, 2016 by the Bureau of Ocean Energy 
        Management (as announced in the notice of availability of the 
        Bureau of Ocean Energy Management entitled ``Notice of 
        Availability of the 2017-2022 Outer Continental Shelf Oil and 
        Gas Leasing Proposed Final Program (81 Fed. Reg. 84612 
        (November 23, 2016)))''.
    (f) Effect of Litigation.--
            (1) In general.--A civil action relating to an 
        environmental review under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an 
        offshore lease sale conducted under this section shall not--
                    (A) affect the validity of a lease issued under the 
                offshore lease sale that is the subject of the civil 
                action; or
                    (B) except as provided in paragraph (3)(B), cause a 
                delay in the timelines for the consideration of an 
                application for permit to drill with respect to a lease 
                issued under the offshore lease sale that is the 
                subject of the civil action.
            (2) Remand; processing of applications for permit to 
        drill.--If, in a civil action described in paragraph (1), the 
        environmental review for an offshore lease sale is found by the 
        applicable court to violate the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.)--
                    (A) notwithstanding subchapter II of chapter 5, and 
                chapter 7, of title 5, United States Code (commonly 
                known as the ``Administrative Procedures Act''), the 
                applicable court shall not set aside the offshore lease 
                sale and vacate the leases issued pursuant to the sale 
                but instead remand the matter to the Secretary to 
                resolve the violation; and
                    (B) the Secretary shall continue to process all 
                applicable applications for permit to drill in 
                accordance with the Outer Continental Shelf Lands Act 
                (43 U.S.C. 1331 et seq.).
            (3) Notice.--
                    (A) In general.--Not later than 60 days after the 
                date on which a civil action described in paragraph (1) 
                is filed, the Secretary shall notify the holder of any 
                lease issued under the lease sale that is the subject 
                of the civil action of the filing of the civil action.
                    (B) Timeline.--Not later than 90 days after the 
                date of receipt of a notice under subparagraph (A), the 
                holder of the lease may file with the Secretary, and 
                the Secretary may approve, a request to pause the 
                timeline with respect to the term of the lease during 
                any period in which the civil action is pending.
    (g) Moratorium on Oil and Gas Leasing in the Eastern Gulf of 
Mexico.--Section 104 of the Gulf of Mexico Energy Security Act of 2006 
(43 U.S.C. 1331 note; Public Law 109-432) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``June 30, 2022'' and inserting ``December 31, 
                2035'';
                    (B) in paragraph (2), by striking ``or'' after the 
                semicolon;
                    (C) in paragraph (3)(B)(iii), by striking the 
                period at the end and inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(4) any area in the South Atlantic Planning Area (as 
        designated by the Bureau of Ocean Energy Management as of the 
        date of enactment of this paragraph); or
            ``(5) any area in the Straits of Florida Planning Area (as 
        designated by the Bureau of Ocean Energy Management as of the 
        date of enactment of this paragraph).''; and
            (2) by adding at the end the following:
    ``(d) Effect on Certain Leases.--The moratoria under subsection (a) 
shall not affect valid existing leases in effect on the date of 
enactment of this subsection.
    ``(e) Environmental Exceptions.--Notwithstanding subsection (a), 
the Secretary may issue leases in areas described in that subsection 
for environmental conservation purposes, including the purposes of 
shore protection, beach nourishment and restoration, wetlands 
restoration, and habitat protection.''.
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