S. 2389 — Introduced in Senate

II 118th CONGRESS 1st Session S. 2389 IN THE SENATE OF THE UNITED STATES July 19, 2023Mr. Cassidy (for himself and Mr. Cruz) 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. 1. Short title This Act may be cited as the Offshore Energy Security Act of 2023. 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 257 (86 Fed. Reg. 54728 (October 4, 2021)); 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 expiration of the 2017–2022 leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Secretary shall— (1) conduct not fewer than 4 offshore lease sales, as described under subsection (c), during the 2-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— (1) March 31, 2024; (2) August 31, 2024; (3) March 31, 2025; and (4) August 31, 2025. (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) Effect on other law Nothing in this section affects the Presidential memorandum entitled Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf From Leasing Disposition and dated September 8, 2020.