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Code · BILL · 118th Congress · S. 1456 (Introduced in Senate) — To provide for certain energy development, permitting reforms, and for other purposes. · Sec. 1102

Sec. 1102. Offshore oil and gas leasing

1,104 words·~5 min read·/bill/118/s/1456/is/section-1102

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Notwithstanding any other provision of law, not later than September 30, 2023, the Secretary of the Interior (referred to in this section as the Secretary ) shall approve a final 2023–2028 oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ). In order to meet the deadline described in paragraph (1), the Secretary may— limit any comment periods required under subsections
(c)and
(d)of section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ); and waive any other requirements under that section that would delay final approval of the oil and gas leasing program described in paragraph (1). The oil and gas leasing program described in paragraph
(1)shall include the following: A minimum of 2 Gulf of Mexico region-wide lease sales each year in the following planning areas of the Gulf of Mexico region, as described in the final program decision document entitled 2017–2020 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016) : The Central Gulf of Mexico Planning Area. The Western Gulf of Mexico Planning Area. At least 1 region-wide lease sale in the Alaska regions of the outer Continental Shelf, as described in the final program decision document entitled 2017–2020 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016) . During the 5-year period beginning on the date of enactment of this Act, in order to promote increased production on the outer Continental Shelf, the Secretary may, on a determination that it is in the national interest, reduce the applicable royalty rate on individual oil and gas leases issued under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) to not less than 12.5 percent. Section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) is amended— 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); by redesignating subsections
(f)through
(i)as subsections
(g)through (j), respectively; by inserting after subsection
(e)the following: 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. 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; and shall contain a minimum of 5 lease sales. ; and by conforming the margin of subsection
(j)(as so redesignated) to the margin of subsection
(i)(as so redesignated). Section 5(a)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1334(a)(2) ) is amended— in the matter preceding subparagraph (A), by striking any lease or permit— and all that follows through the end of subparagraph
(B)and inserting the following: any lease or permit— that the lease or permit shall be considered to be valid and not subject to cancellation by the Secretary for any reason, except for— the express written agreement to the cancellation by the lessee or permittee; or a determination by the Secretary that cancellation is appropriate (including cancellation under subsection (c), section 8(o), section 11(c)(1), and subsections (h)(2)(C) and
(j)of section 25), in accordance with the regulations prescribed under this section, subject to the limitation that a lease or permit may not be cancelled by the Secretary based on a finding by a Federal court that the environmental review for the lease sale pursuant to which the lease was issued was in violation of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and ; and by redesignating subparagraph
(C)as subparagraph (B). Section 11(c)(1) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1340(c)(1) ) is amended— in the fourth sentence, by striking result in any condition described in section 5(a)(2)(A)(i) of this Act and inserting probably cause serious harm or damage to life (including fish and other aquatic life), to property, to any mineral (in areas leased or not leased), to the national security or defense, or to the marine, coastal, or human environment ; and in the fifth sentence— by striking , subject to section 5(a)(2)(B) of this Act, ; and by striking section 5(a)(2)(C)
(i)or
(ii)of this Act and inserting section 5(a)(2)(B) . Section 25(h)(2)(C) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1351(h)(2)(C) ) is amended, in the first sentence, by striking section 5(a)(2)(C) of this Act and inserting section 5(a)(2)(B) . Section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 ) is amended by adding at the end the following: 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 a lease sale conducted under this section shall not— affect the validity of a lease issued under the lease sale that is the subject of the civil action; or 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 lease sale that is the subject of the civil action. If, in a civil action described in paragraph (1), the environmental review for a lease sale is found by the applicable court to violate the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. )— notwithstanding chapter 5 or 7 of title 5, United States Code (commonly referred to as the Administrative Procedures Act ), the applicable court shall not set aside the lease sale and vacate the leases issued pursuant to the sale but instead remand the matter to the Secretary of the Interior to resolve the violation; and the Secretary shall continue to process all applicable applications for permit to drill in accordance with this Act. 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. Not later than 90 days after the date of receipt of a notice under subparagraph (A), the leaseholder may file with the Secretary a request to pause the timeline with respect to the term of the lease during any period in which the civil action is pending. .
Connectionstraces to 7
Citation graph
cites case law
Sec. 1102
Offshore oil and gas leasing
U.S.C.§ 1344
U.S.C.§ 1331
U.S.C.§ 1334
U.S.C.§ 4321
U.S.C.§ 1340
U.S.C.§ 1351
U.S.C.§ 1337
Cites 7Cited by 0 across 0 sources
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