119-S460

Bill is currently in: Senate
Path to Law
House Senate President

119th CONGRESS

1st Session

S. 460

1. Short title
2. Required onshore and offshore oil and natural gas leasing

1. Short title

This Act may be cited as the "Supporting Made in America Energy Act".

2. Required onshore and offshore oil and natural gas leasing

(a) Onshore lease sales

(1) Annual lease sales - Notwithstanding any other provision of law, in accordance with the Mineral Leasing Act (30 U.S.C. 181 et seq.), beginning in fiscal year 2025, the Secretary of the Interior (referred to in this section as the "Secretary") shall conduct a minimum of 4 oil and natural gas lease sales annually in each of the following States:

(A) - Wyoming.

(B) - New Mexico.

(C) - Colorado.

(D) - Utah.

(E) - Montana.

(F) - North Dakota.

(G) - Oklahoma.

(H) - Nevada.

(I) - Any other State in which there is land available for oil and natural gas leasing under that Act.

(2) Requirement - In conducting a lease sale under paragraph (1) in a State described in that paragraph, the Secretary shall offer all parcels eligible for oil and gas development under the resource management plan in effect for the State.

(3) Replacement sales - If, for any reason, a lease sale under paragraph (1) for a calendar year is canceled, delayed, or deferred, including for a lack of eligible parcels, the Secretary shall conduct a replacement sale during the same calendar year.

(b) Offshore lease sales

(1) Gulf of mexico region annual lease sales

(A) In general - Notwithstanding any other provision of law, beginning in fiscal year 2026, the Secretary shall conduct a minimum of 2 region-wide oil and natural gas lease sales annually in the Gulf of Mexico Region of the outer Continental Shelf, which shall—

(i) - offer 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

(ii) - include—

(I) - the Central Gulf of Mexico Planning Area, as described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016); and

(II) - the Western Gulf of Mexico Planning Area, as described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016).

(B) Timing - In conducting the offshore lease sales under subparagraph (A), the Secretary shall conduct a lease sale under that subparagraph not later than each of the following dates:

(i) - March 31, 2026.

(ii) - August 31, 2026.

(iii) - March 31, 2027.

(iv) - August 31, 2027.

(v) - March 31, 2028.

(vi) - August 31, 2028.

(vii) - March 31, 2029.

(viii) - August 31, 2029.

(ix) - March 31, 2030.

(x) - August 31, 2030.

(xi) - March 31, 2031.

(xii) - August 31, 2031.

(xiii) - March 31, 2032.

(xiv) - August 31, 2032.

(xv) - March 31, 2033.

(xvi) - August 31, 2033.

(xvii) - March 31, 2034.

(xviii) - August 31, 2034.

(xix) - March 31, 2035.

(xx) - August 31, 2035.

(2) 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—

(A) - in subsection (a)—

(i) - in the matter preceding paragraph (1), by striking "June 30, 2022" and inserting "December 31, 2035";

(ii) - in paragraph (2), by striking "or" after the semicolon;

(iii) - in paragraph (3)(B)(iii), by striking the period at the end and inserting a semicolon; and

(iv) - 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).

(B) Effect on certain leases - 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.

(3) Lease sales in Alaska region

(A) In general - The Secretary of the Interior shall conduct a minimum of 6 offshore lease sales during the 10-year period beginning on the date of enactment of this Act in the Cook Inlet Planning Area as identified in 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))).

(B) Requirements

(i) Area offered for lease - The Secretary of the Interior shall offer not fewer than 1,000,000 acres for each offshore lease sale conducted under subparagraph (A).

(ii) Issuance of leases - If any acceptable bids have been received for any tract offered in a lease sale conducted under subparagraph (A), the Secretary of the Interior shall issue the lease not later than 90 days after the lease sale to the highest bid on the tract offered.

(iii) Royalty rate - The royalty rate for each lease issued pursuant to a lease sale conducted under subparagraph (A) shall be 12.5 percent.

(4) Outer Continental Shelf oil and gas leasing program - Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended—

(A) - in subsection (a), in the first sentence of the matter preceding paragraph (1), by striking "subsections (c) and (d) of this section" and inserting "subsections (c) through (f)";

(B) - by redesignating subsections (f) through (i) as subsections (g) through (j), respectively;

(C) Subsequent leasing programs - by inserting after subsection (e) the following:

(f) Subsequent leasing programs

(1) In general - Not later than 36 months after conducting the first lease sale under an oil and gas leasing program prepared pursuant to this section, the Secretary shall begin preparing the subsequent oil and gas leasing program under this section.

(2) Requirement - Each subsequent oil and gas leasing program under this section shall be approved not later than 180 days before the expiration of the previous oil and gas leasing program.

(D) - by indenting subsection (j) (as so redesignated) appropriately.

(c) Prohibition

(1) In general - The President shall not, through Executive order or any other administrative procedure, unreasonably pause, cancel, delay, defer, or otherwise impede or circumvent the Federal energy mineral leasing processes under the (30 U.S.C. 181 et seq.), the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6501 et seq.), or Public Law 115–97 (commonly known as the "Tax Cuts and Jobs Act of 2017"), or a related rulemaking process required by subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the "Administrative Procedure Act"), without congressional approval.

(2) Rebuttable presumption - There shall be a rebuttable presumption that any attempt by the President to pause, cancel, delay, defer, or otherwise impede or circumvent any Federal energy mineral leasing process under the (30 U.S.C. 181 et seq.), the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6501 et seq.), or Public Law 115–97 (commonly known as the "Tax Cuts and Jobs Act of 2017"), or a related rulemaking process required by subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the "Administrative Procedure Act"), without congressional approval, is a violation of the applicable law.