Five-Year Offshore Oil and Gas Leasing Program: History and Background

May 23, 2016 – January 9, 2024 R44504

Five-Year Offshore Oil and Gas Leasing
Program: History and Background
Updated January 9, 2024
Congressional Research Service
https://crsreports.congress.gov
R44504

Five-Year Offshore Oil and Gas Leasing Program: History and Background

Summary
Under Section 18 of the Outer Continental Shelf Lands Act, as amended (OCSLA; 43 U.S.C.
§§1331-1356b), the Secretary of the Interior must prepare and maintain forward-looking plans—
typically referred to as national programs or five-year programs—that indicate proposed public
oil and gas lease sales in U.S. waters. In doing so, the Secretary must balance national interests in
energy supply and environmental protection. The lead agency within DOI responsible for the
program is the Bureau of Ocean Energy Management (BOEM).
BOEM’s development of a five-year program typically takes place over two or three years, during
which successive drafts of the program are published for review and comment. At the end of the
process, the Secretary of the Interior must submit each program to the President and to Congress
for a period of at least 60 days, after which the proposal may be approved by the Secretary and
may take effect with no further regulatory or legislative action. BOEM also develops a
programmatic environmental impact statement (PEIS) for the leasing program, as required by the
National Environmental Policy Act (NEPA; 42 U.S.C. §4321). The PEIS examines the potential
environmental impacts from oil and gas exploration and development on the outer continental
shelf (OCS) and considers a reasonable range of alternatives to the proposed plan.
Congress typically has been actively involved during the planning phases of BOEM’s five-year
leasing programs. For example, some Members of Congress have conveyed their views on the
Administration’s proposals by submitting public comments on draft versions of programs during
formal comment periods, and have evaluated programs in committee oversight hearings. Further,
although Congress’s role under the OCSLA does not include direct approval or disapproval of the
program, Members have sometimes influenced the terms of five-year programs through
legislation, such as legislation to mandate or prohibit lease sales in certain offshore areas.
Since 1980, 10 distinct five-year programs and a revised version of one program have been
submitted to Congress. The five-year programs have reflected the offshore oil and gas leasing
policies of different presidential administrations, along with input from states, Members of
Congress, and other stakeholders. Most recently, in September 2023, the Department of the
Interior submitted BOEM’s offshore oil and gas leasing program for 2024-2029, and Secretary of
the Interior Deb Haaland issued a record of decision approving the program in December 2023.
For further discussion of recent activities, see CRS Report R44692, Five-Year Offshore Oil and
Gas Leasing Program: Status and Issues in Brief.
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Five-Year Offshore Oil and Gas Leasing Program: History and Background

Introduction
Under the Outer Continental Shelf Lands Act (OCSLA), as amended,1 the Department of the
Interior (DOI) must prepare and maintain forward-looking five-year plans—referred to by DOI as
national programs or five-year programs—that indicate proposed public oil and gas lease sales
on the U.S. outer continental shelf (OCS) over a five-year period.2 In preparing each program,
DOI must balance national interests in energy supply and environmental protection.3 The lead
agency within DOI responsible for the program is the Bureau of Ocean Energy Management
(BOEM).4
BOEM’s development of a five-year program typically takes place over two or three years, during
which successive drafts of the program are published for review and comment. All available
leasing areas are initially examined,5 and the selection may then be narrowed based on economic
and environmental analysis to arrive at a final leasing schedule. At the end of the process, the
Secretary of the Interior must submit each program to the President and to Congress for a period
of at least 60 days, after which the proposal may be approved by the Secretary and may take
effect with no further regulatory or legislative action.6
As required by the National Environmental Policy Act (NEPA), the planning process includes a
programmatic environmental impact statement (PEIS).7 The PEIS examines the potential
environmental impacts from oil and gas exploration and development on the OCS and considers a
reasonable range of alternatives to the proposed plan. Public comments from stakeholders,
including state governors, companies, individuals, and public interest organizations, are addressed
in both the PEIS and the five-year program itself. Because of the stages of review and comment
required under both the OCSLA and NEPA, the Administration generally could not revise a
finalized program—for example, to add new sales—without restarting the program development
process.8 However, scheduled sales could potentially be cancelled (but not added) during
implementation of the program, based on requirements for environmental review that are
associated with each individual sale.

1 43 U.S.C. §§1331-1356b. The leasing program requirements were added in a 1978 amendment (P.L. 95-372; 92 Stat.
629).
2 43 U.S.C. §1344. The outer continental shelf, or OCS (43 U.S.C. §1331(a)), is an area of submerged lands, subsoil,
and seabed that lies between the outer seaward reaches of a state’s jurisdiction and the outer seaward reaches of U.S.
jurisdiction.
3 The Secretary of the Interior must ensure, “to the maximum extent practicable,” that the timing and location of
leasing occurs so as to “obtain a proper balance between the potential for environmental damage, the potential for the
discovery of oil and gas, and the potential for adverse impact on the coastal zone” (43 U.S.C. §1344(a)(3)).
4 Prior to 2010, the Secretary of the Interior delegated this responsibility to the Minerals Management Service, and then
to the Service’s successor agency, the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE).
The Bureau of Ocean Energy Management (BOEM), one of three successor agencies to BOEMRE, has had the
responsibility since a departmental reorganization in October 2012.
5 Some areas of the OCS may be unavailable for leasing because of presidential or congressional leasing moratoria or
other types of protection.
6 43 U.S.C. §1344(d). Congress does not approve or reject the program during the review period, but congressional
review may lead to separate legislative action.
7 42 U.S.C. §4321. For more information on environmental impact statements, see CRS In Focus IF12560, National
Environmental Policy Act: An Overview, by Kristen Hite.
8 The OCSLA states that the Secretary of the Interior “may revise and reapprove such program, at any time,” but that
“such revision and reapproval, except in the case of a revision which is not significant, shall be in the same manner as
originally developed” (43 U.S.C. §1344(e)).
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Five-Year Offshore Oil and Gas Leasing Program: History and Background

The leasing decisions in BOEM’s five-year programs may affect the economy and environment
of individual coastal states and of the nation as a whole. Accordingly, Congress typically has been
actively involved in the planning process for the five-year programs. Under the OCSLA,
Congress’s review of BOEM’s final program does not include approval or disapproval of the
program. However, Members of Congress may influence the program in other ways. Members
may convey their views on the Administration’s proposals by submitting public comments on
draft versions of the program during formal comment periods, and they may evaluate the program
in committee oversight hearings. More directly, Members may introduce legislation to set or alter
a program’s terms.
This report discusses the history and legal framework for BOEM’s five-year leasing programs,
outlines the agency’s program development process, summarizes previous programs, and
discusses the role of Congress. Most recently, the five-year program for 2024-2029 was approved
by Secretary of the Interior Deb Haaland in December 2023.9 The program schedules three lease
sales for the 2024-2029 period, all located in specified planning areas of the Gulf of Mexico
region of the OCS. (BOEM identifies four OCS regions—the Gulf of Mexico region, the Alaska
region, the Atlantic region, and the Pacific region—comprising a total of 26 planning areas.) Prior
to the December 2023 approval of the program, a gap occurred between leasing programs, the
first prolonged gap since publication of the programs began in 1980.10 The 2017-2022 program
had expired on June 30, 2022, with 8 of the 11 scheduled sales having been held, one of which
was vacated by a court decision. Subsequently, P.L. 117-169, commonly known as the Inflation
Reduction Act of 2022 (IRA 2022), was enacted in August 2022; it directed BOEM to hold the
remaining lease sales in the 2017-2022 program despite the program’s expiration and directed the
agency to issue the leases from the vacated lease sale.11 For further discussion of the 2024-2029
program and recent actions, see CRS Report R44692, Five-Year Offshore Oil and Gas Leasing
Program: Status and Issues in Brief.
Historical Background12
In 1953, Congress enacted two laws that addressed jurisdiction and rights off the coasts of the
United States, including rights to regulation of subsurface oil and natural gas exploration and
production. The first of these acts, the Submerged Lands Act,13 provides that coastal states are

9 BOEM, 2024-2029 National Outer Continental Shelf Oil and Gas Leasing: Proposed Final Program, September
2023, at https://www.boem.gov/sites/default/files/documents/oil-gas-energy/leasing/2024-
2029_NationalOCSProgram_PFP_Sept_2023.pdf; hereinafter referred to as the “2024-2029 PFP”; and Secretary of the
Interior Deb Haaland, “Record of Decision and Approval of the 2024-2029 National Outer Continental Shelf Oil and
Gas Leasing Program,” December 14, 2023, at https://www.boem.gov/sites/default/files/documents/oil-gas-energy/
Decision-Memo-National-Program-SIGNED.pdf; hereinafter referred to as the “2024-2029 ROD.” The final version of
a five-year program is published under the title “proposed final program,” or PFP, because it must be reviewed by
Congress and the President before final approval by the Secretary of the Interior.
10 An earlier and shorter gap had occurred in the transition to the 2012-2017 program. The 2012-2017 proposed final
program was published on June 28, 2012, two days before the previous program expired, but because of the required
60-day waiting period before final secretarial approval, the program did not officially take effect until August 27, 2012
(BOEM, “2012-2017 OCS Oil and Gas Leasing Program,” at https://www.boem.gov/oil-gas-energy/leasing/2012-
2017-ocs-oil-and-gas-leasing-program). This timing still allowed for the program’s first scheduled sale to be held as
planned in November 2012.
11 P.L. 117-169, Section 50264. BOEM held the three lease sales mandated by the IRA in December 2022, March
2023, and December 2023.
12 This section was prepared by Adam Vann, Legislative Attorney.
13 43 U.S.C. §§1301 et seq.
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generally entitled to an area extending 3 geographical miles14 from their officially recognized
coasts (or baselines).15 The second, the OCSLA, defined the OCS as “all submerged lands lying
seaward and outside of” state coastal waters that are subject to the jurisdiction and control of the
United States.16 The OCSLA has as its primary purpose “expeditious and orderly development [of
OCS resources], subject to environmental safeguards, in a manner which is consistent with the
maintenance of competition and other national needs.”17
As offshore activities expanded in the years following adoption of the OCSLA, Congress sought
a means by which to allow for expedited exploration and production in order to achieve national
energy goals while also providing for environmental protection, opportunities for state and local
governments affected by offshore activity to have their voices heard, and a competitive bidding
and leasing process.18 The product was the Outer Continental Shelf Lands Act Amendments of
1978.19 This legislation added a number of new provisions to the OCSLA, including Section 18,
which mandates the creation and maintenance of an OCS leasing program to “best meet national
energy needs for the five-year period following its approval or reapproval.”20 These five-year
programs, which include schedules for lease auctions, have provided the framework for OCS oil
and gas exploration and production since the first one was adopted by DOI in 1980.
Although the 1978 amendments were the last major overhaul to the OCSLA, Congress has taken
other actions since that time that have altered the scope of offshore oil and gas exploration and
production. For example, the Deep Water Royalty Relief Act of 1995 attempted to encourage
exploration and production in deep water by providing relief from otherwise applicable royalty
payment requirements for some deepwater oil and natural gas production.21 The Gulf of Mexico
Energy Security Act of 2006 directed the leasing of certain regions of the Gulf of Mexico for oil
and gas exploration and production and placed a moratorium on leasing in other regions.22 It also
created a mechanism for sharing revenues from leasing in the region with Gulf states and the
Land and Water Conservation Fund.23 Also, starting in 2008, Congress removed language from
annual Interior appropriations legislation that had been in place to bar leasing and related

14 The SLA does not further define a “geographical mile,” and the phrase is not defined elsewhere in the U.S. Code.
One section of the BOEM regulations notes that 50 “geographic miles” is equal to 92.7 kilometers, which would make
a single geographic mile equal to 1.854 kilometers. 30 C.F.R. §551.14(b)(7)(ii). The same section of the BOEM
regulations subsequently provides that 3 geographic miles are equal to 5.6 kilometers, which would make a single
geographic mile equal to roughly 1.867 kilometers. Ibid at §551.14(d).
The Submerged Lands Act (SLA) also provides for an extended seaward boundary if a state can show such a boundary
was provided for by the state’s “constitution or laws prior to or at the time such State became a member of the Union,
or if it has been heretofore approved by Congress.” 43 U.S.C. §§1301(b), 1312. After enactment of the SLA, the
Supreme Court of the United States held that the Gulf coast boundaries of Florida and Texas extend to the 3-marine-
league limit (a marine league is 3 nautical miles). Other Gulf coast states were unsuccessful in their challenges. See
U.S. v. Louisiana, 363 U.S. 1, 66 (1960), U.S. v. Florida, 363 U.S. 121, 129 (1960).
15 43 U.S.C. §1312.
16 43 U.S.C. §1331(a).
17 43 U.S.C. §1332(3).
18 P.L. 95-372, §102 (43 U.S.C. §1802).
19 P.L. 95-372.
20 43 U.S.C. §1344(a).
21 P.L. 104-58.
22 P.L. 109-432. For more information, see CRS Report R46195, Gulf of Mexico Energy Security Act (GOMESA):
Background and Current Issues, by Laura B. Comay.
23 Ibid. For more information on the Land and Water Conservation Fund, see CRS Report RL33531, Land and Water
Conservation Fund: Overview, Funding History, and Issues, by Carol Hardy Vincent.
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activities in certain OCS regions.24 These legislative actions helped to shape subsequent five-year
programs.
Legal Framework25
The statutory framework governing BOEM’s development of a five-year offshore oil and gas
leasing program includes the OCSLA as well as other federal statutes, particularly NEPA and the
Coastal Zone Management Act (CZMA).26
Outer Continental Shelf Lands Act
Section 18 of the OCSLA provides:
The Secretary [of the Interior] ... shall prepare and periodically revise, and maintain an oil
and gas leasing program to implement the policies of this subchapter. The leasing program
shall consist of a schedule of proposed lease sales indicating, as precisely as possible, the
size, timing, and location of leasing activity which he determines will best meet national
energy needs for the five-year period following its approval or reapproval.27
Section 18 further provides that the OCS is to be managed in a manner “which considers
economic, social, and environmental values” of the resources of the OCS as well as the potential
impact of oil and gas exploration on the marine, coastal, and human environments.28
Specifically, Section 18 directs the Secretary to schedule the timing and location of oil and gas
exploration and production among the regions of the OCS based on consideration of a variety of
factors, including existing geographical, geological, and ecological characteristics of the regions;
relative environmental and other natural resource considerations of the regions; the relative
interest of oil and natural gas producers in the regions; and the laws, goals, and policies of the
states that would be affected by offshore exploration and production in the region. In addition to
striking this balance, leasing under the five-year program must also “be conducted to assure
receipt of fair market value for the lands leased and the rights conveyed by the Federal
Government.”29 The OCSLA also requires that the five-year program include estimates on
appropriations and staffing needs.30
The OCSLA also imposes a number of consultation requirements. During preparation of the five-
year program, the Secretary of the Interior must “invite and consider suggestions for such
program from any interested Federal agency, including the Attorney General, in consultation with
the Federal Trade Commission, and from the Governor of any State which may become an
affected State under such proposed program.”31 In addition to these mandatory consultation

24 For further discussion of this appropriations-based moratorium, see CRS Report RL33404, Offshore Oil and Gas
Development: Legal Framework, by Adam Vann.
25 This section was prepared by Adam Vann, Legislative Attorney.
26 16 U.S.C. §§1451-1464.
27 43 U.S.C. §1344(a).
28 43 U.S.C. §1344(a)(1).
29 43 U.S.C. §1344(a)(4).
30 43 U.S.C. §1344(b).
31 43 U.S.C. §1344(c)(1).
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requirements, the Secretary may choose to consult with local government officials in affected
states.32
Once the Secretary has satisfied these consultation and other requirements and prepared a
proposed program, that program must be submitted to the governor of each affected state for
further comments at least 60 days prior to publication of the proposed program in the Federal
Register.33 The OCSLA also authorizes the Attorney General, in coordination with the Federal
Trade Commission, to submit comments regarding potential effects of the proposed program on
competition.34 Subsequently, at least 60 days prior to its approval, the Secretary must submit the
proposed program to Congress and the President, along with an explanation as to why any
specific recommendation of the Attorney General or a state or local government was not
accepted.35 Once these steps have been completed, the Secretary is free to approve a final five-
year program. The OCSLA also authorizes the Secretary to revise the five-year program at any
time pursuant to a mandated review, but any revision that is “significant” must go through the
process for the initial five-year program described above.36
The responsibilities of the Secretary of the Interior with respect to the five-year program under
the OCSLA are carried out by BOEM. The regulations applicable to BOEM’s preparation of the
five-year program include details regarding these consultation requirements. For example, BOEM
is required to send letters to governors of affected states requesting that they identify specific
laws, goals, and policies that they would like BOEM to consider during preparation of the five-
year program.37 The regulations also outline requirements for publication of the proposed
program in the Federal Register.
Other Federal Statutes
While the OCSLA and the applicable regulations guide the five-year planning process, other
federal statutes also play a role in the program’s formation. Two federal statutes that play a
prominent role in the preparation of the five-year program are NEPA and the CZMA.
National Environmental Policy Act
Section 102(2)(C) of NEPA requires all federal agencies to prepare a detailed statement of the
environmental impact of and alternatives to major federal actions significantly affecting the
environment.38 In many cases the process for compliance with this requirement includes an
environmental assessment (EA) that determines whether an action is a major federal action
significantly affecting the environment.39 However, if the agency has determined that the
proposed action is a major federal action without conducting an EA, then the agency moves
directly to preparing the statement of the environmental impact of and alternatives to the
proposed federal action, known as an environmental impact statement (EIS).40 This is the case

32 Ibid.
33 43 U.S.C. §1344(c)(2).
34 43 U.S.C. §1344(d)(1).
35 43 U.S.C. §1344(d)(2).
36 43 U.S.C. §1344(e).
37 30 C.F.R. §556.16(b).
38 43 U.S.C. §1332(2)(C). For more information on NEPA, see CRS In Focus IF12560, National Environmental Policy
Act: An Overview, by Kristen Hite.
39 40 C.F.R. §1501.3(a).
40 Ibid.
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with BOEM’s five-year programs; the significance of the program’s impact on the environment is
assumed. Therefore, BOEM prepares a programmatic EIS (PEIS)41 concurrently with preparation
of the five-year program. This process is explained in further detail throughout this report.
Coastal Zone Management Act42
Under the CZMA,43 states are encouraged to enact coastal zone management plans to coordinate
protection of habitats and resources in coastal waters.44 The CZMA establishes a policy of
preservation alongside sustainable use and development compatible with resource protection.45
State coastal zone management programs that are approved by the Secretary of Commerce are
eligible to receive federal monetary and technical assistance. State programs must designate
conservation measures and permissible uses for land and water resources,46 and must address
various sources of water pollution.47
The CZMA also requires that the federal government and federally permitted activities comply
with these state programs.48 To that end, the BOEM regulations governing the five-year program
provide that “[i]n development of the leasing program, consideration shall be given to the coastal
zone management program being developed or administered by an affected coastal State.”49 The
regulations require BOEM to request information concerning the relationship between a state’s
coastal zone management program and OCS oil and gas activity from the governors of affected
coastal states and the Secretary of Commerce prior to development of the leasing program.50
Five-Year Program Development Process51
BOEM’s development of a five-year program typically takes place over two or three years, during
which three successive versions of the program proposal are published for review. The process
can sometimes take longer; for the 2024-2029 program, program development spanned a six-year
period over two presidential administrations.52 The program drafts are submitted to state
governors and federal agencies and, in the final stage, to Congress and the President (see
discussion of consultation requirements in the “Legal Framework” section, above). The second

41 A PEIS evaluates the environmental impact of the federal program in question from a broad regional perspective;
more detailed and geographically focused analyses in compliance with the requirements of NEPA are also conducted at
the planning, leasing, and exploration and development stages.
42 For additional information on the CZMA, see CRS Report R45460, Coastal Zone Management Act (CZMA):
Overview and Issues for Congress, by Eva Lipiec.
43 16 U.S.C. §§1451-1464.
44 Coastal U.S. states and territories, including the Great Lakes states, are eligible to receive federal assistance for their
coastal zone management programs. Currently, there are 34 approved state and territorial plans. See National Oceanic
and Atmospheric Administration (NOAA), Office of Ocean and Coastal Resource Management, State and Territory
Coastal Management Program Summaries, at https://coast.noaa.gov/czm/mystate/.
45 16 U.S.C. §1452(1), (2).
46 16 U.S.C. §1455(d)(2), (9)-(12).
47 16 U.S.C. §1455(d)(16).
48 16 U.S.C. §1456(c).
49 30 C.F.R. §556.19.
50 Ibid.
51 This section was prepared by Laura Comay, Specialist in Natural Resources Policy.
52 As development of the 2024-2029 program proceeded, the period of proposed program coverage shifted, with the
initial draft slated to cover the 2019-2024 period, the second draft covering the 2023-2028 period, and the final
proposal covering the 2024-2029 period.
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and final program proposals are released concurrently with draft and final versions of the PEIS,
which are also opened to public comments. Each step of the process involves additional public
comment and environmental review. After the program takes effect, individual lease sales also
undergo environmental review, as do companies’ exploration and development plans on leased
tracts. Figure 1 outlines the steps from development of the five-year program to actual oil and
gas production in an individual well.
Because of the analysis and review undertaken at each stage of drafting the five-year program, the
successive drafts represent a winnowing process. The initial draft proposed program (DPP)
examines all of the agency’s available planning areas for oil and gas leasing,53 analyzing them
according to factors in Section 18 of the OCSLA and considering public input, in order to develop
an initial schedule of proposed lease sales. In subsequent versions of the program, BOEM might
remove proposed sales on the basis of further analysis, but could not add new sales without
reverting to an earlier stage of the process and undertaking new environmental reviews.
Figure 1. OCS Oil and Gas Leasing, Exploration, and Development Process

Source: BOEM oil and gas leasing flow chart, at https://www.boem.gov/sites/default/files/oil-and-gas-energy-
program/Leasing/Five-Year-Program/2017-2022/Process-Diagram.pdf.
The steps of the process are discussed in greater detail below, with examples from the 2024-2029
program, the most recent five-year program to complete the development process.
• Step 1. Request for Information. BOEM initiates development of a new five-
year program by publishing in the Federal Register a request for information
(RFI) from interested parties concerning regional and national energy needs for

53 BOEM divides the U.S. OCS into 26 planning areas in four regions (the Atlantic, Pacific, Arctic, and Gulf of Mexico
regions). The draft proposed program analyzes all of the planning areas except those that are closed to oil and gas
leasing activities by congressional or presidential moratoria or other executive or legislative actions.
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the next five-year period; leasing interests of possible oil and gas producers;
environmental concerns; and concerns of state and local governments, tribes, and
the public, among other issues. For example, the RFI for what became the 2024-
2029 leasing program was published on July 3, 2017, and was followed by a
comment period during which the agency received more than 800,000
comments.54 At the time, the leasing program was envisioned as covering a five-
year period from 2019 through 2024.
• Step 2. Draft Proposed Program/Notice of Intent for PEIS. BOEM publishes
a draft proposed program (DPP), the first of three program decision documents.55
The DPP analyzes all OCS planning areas available for leasing, taking into
account comments received on the RFI, and identifies a preliminary lease
schedule. BOEM published its DPP for what became the 2024-2029 program (at
that time planned as a 2019-2024 program) on January 8, 2018, with a comment
period that closed on March 9, 2018.56 The DPP was published under the Trump
Administration. The DPP’s preliminary lease schedule consisted of 47 proposed
oil and gas lease sales spanning all four offshore planning regions (Gulf of
Mexico, Alaska, Atlantic, and Pacific). BOEM received more than 2 million
comments on the DPP.
When the DPP is published, BOEM also issues a notice of intent (NOI) to publish a
programmatic environmental impact statement (PEIS) for the proposed lease areas and
seeks public input (through a scoping process) on the issues that should be analyzed in
the PEIS. The NOI to prepare a PEIS for what became the 2024-2029 program (at that
time planned as a 2019-2024 program) was published on January 8, 2018, along with the
DPP.57
• Step 3. Proposed Program/Draft PEIS. After further analyzing the lease sale
areas proposed in the DPP according to the required factors in Section 18 of the
OCSLA, and taking into account the public comments received on the DPP,
BOEM publishes a proposed program (PP). This second version refines the
proposed locations and timing for OCS oil and gas lease sales. BOEM submits
the PP to Congress, state governors, and relevant federal agencies and also
solicits public comment on the program. BOEM published the PP for what
became the 2024-2029 program on July 8, 2022, with a comment period that
closed on October 6, 2022.58 At that time, the PP was envisioned to cover the

54 BOEM, “Request for Information and Comments on the Preparation of the 2019-2024 Outer Continental Shelf Oil
and Gas Leasing Program,” 82 Federal Register 30886, July 3, 2017.
55 A decision document is one on which the Secretary of the Interior must issue a decision.
56 BOEM, 2019-2024 National Outer Continental Shelf Oil and Gas Leasing: Draft Proposed Program, January 2018,
at https://www.boem.gov/NP-Draft-Proposed-Program-2019-2024/; hereinafter referred to as the “2019-2024 DPP.”
Also see BOEM, “Notice of Availability (NOA) of the Draft Proposed Outer Continental Shelf Oil and Gas Leasing
Program and Notice of Intent to Prepare a Programmatic Environmental Impact Statement,” 83 Federal Register 829,
January 8, 2018.
57 BOEM, “Notice of Availability (NOA) of the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program
and Notice of Intent to Prepare a Programmatic Environmental Impact Statement,” 83 Federal Register 829, January 8,
2018.
58 BOEM, 2023-2028 National Outer Continental Shelf Oil and Gas Leasing: Proposed Program, July 2022, at
https://www.boem.gov/oil-gas-energy/national-program/2023-2028-proposed-program; hereinafter referred to as the
“2023-2028 PP.” Also see BOEM, “Notice of Availability of the 2023-2028 National Outer Continental Shelf Oil and
Gas Leasing Proposed Program and Draft Programmatic Environmental Impact Statement,” 87 Federal Register
40859, July 8, 2022.
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years 2023-2028. The PP, published under the Biden Administration, revised the
draft leasing schedule from the DPP to narrow it to a maximum of 10 proposed
lease sales spanning two offshore planning regions (Gulf of Mexico and Alaska).
The PP is accompanied by a draft PEIS analyzing the OCS areas that were identified for
leasing at the DPP stage. The draft PEIS for what became the 2024-2029 program (at that
time covering the 2023-2028 period) was released along with the PP, with a comment
period that closed on October 6, 2022.59 BOEM received more than 750,000 comments
on the PP and draft PEIS.
• Step 4. Proposed Final Program/Final PEIS. The final document published by
BOEM is the PFP, which is based on additional analysis of the factors in Section
18 of the OCSLA, along with analysis of the public comments received on the PP
and draft PEIS. The PFP is announced in the Federal Register and submitted to
the President and Congress for a period of at least 60 days. Although Congress
does not have an approval role for the PFP, the 60-day review period could allow
for legislation to be introduced that would influence the outcome of the program.
BOEM published the PFP for 2024-2029 on September 29, 2023.60 It contained a
final refinement of the proposed lease schedule, narrowing it to three sales in one
offshore planning region (the Gulf of Mexico region).
Along with the PFP, BOEM publishes a final PEIS that concludes the analysis of the
areas proposed for leasing. The final PEIS is submitted to the President and Congress
along with the PFP. BOEM released the final PEIS for the 2017-2022 program on
September 29, 2023, along with the PFP.61
• Step 5. Approval of PFP by Secretary of the Interior. At least 60 days after the
PFP is submitted to the President and Congress, the Secretary of the Interior may
approve the PFP, which then becomes final. The Secretary publishes a record of
decision for the final program. Secretary of the Interior Deb Haaland issued a
record of decision approving the final program for 2024-2029 on December 14,
2023.62

59 BOEM, 2023-2028 National Outer Continental Shelf Oil and Gas Leasing Program: Draft Programmatic
Environmental Impact Statement, July 2022, at https://www.boem.gov/sites/default/files/documents/oil-gas-energy/
national-program/2023-2028-NationalOCSOilGasLeasingDraftPEISVol1.pdf. Also see BOEM, “Notice of Availability
of the 2023-2028 National Outer Continental Shelf Oil and Gas Leasing Proposed Program and Draft Programmatic
Environmental Impact Statement,” 87 Federal Register 40859, July 8, 2022.
60 BOEM, 2024-2029 PFP, at https://www.boem.gov/sites/default/files/documents/oil-gas-energy/leasing/2024-
2029_NationalOCSProgram_PFP_Sept_2023_Compliant.pdf. Also see BOEM, “Notice of Availability of the 2024-
2029 National Outer Continental Shelf Oil and Gas Leasing Proposed Final Program and Final Programmatic
Environmental Impact Statement,” 88 Federal Register 67798, October 2, 2023.
61 BOEM, 2024-2029 National Outer Continental Shelf Oil and Gas Leasing Program: Final Programmatic
Environmental Impact Statement, September 2023, at https://www.boem.gov/sites/default/files/documents/oil-gas-
energy/leasing/2024-2029NatOCSOilGasLeasing_FinalPEISVol1_0.pdf.
62 2024-2029 ROD.
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link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 Five-Year Offshore Oil and Gas Leasing Program: History and Background

Five-Year Programs Submitted in Earlier Years63
Since 1980, 10 distinct five-year programs and a revised version of one program have been
submitted to Congress.64 Following the 60-day review period required by the OCSLA, each of
these five-year programs has taken effect as an approved program. Table 1 shows the previous
submissions, dating back to 1980. The five-year programs have reflected the offshore oil and gas
leasing policies of different presidential Administrations, along with input from states, Members
of Congress, and other stakeholders.
Table 1. OCSLA Five-Year Programs Submitted to Congress Since 1980
Number of
Approximate
Administration
Sales Listed in
Number of
Acres Leased
Years
Submitting Plan
Congress
Submission
Sales Held
(in millions)a
2024-2029
Biden
118th
3
None (as of January None (as of January
2024)
2024)
2017-2022
Obama
114th
11
11b
9.7
2012-2017
Obama
112th
15
13
7.4
2007-2012c
Obama / G. W.
111th / 110th
16 / 21c
11
21.7
Bushc
2002-2007
G. W. Bush
107th
20
15
20.5
1997-2002
Clinton
105th
16
12
22.9
1992-1997
G. H. W. Bush
102nd
18
12
22.6
1987-1992
Reagan
100th
42
17
24.7
1982-1987
Reagan
97th
41
23
21.0
1980-1982d
Carter
96th
36
12
4.1
Source: CRS.
a. Acreage leased is shown in BOEM, OCS Lease Sale Statistics, “All Lease Offerings,” at
http://www.boem.gov/OCS-Lease-Sale-Statistics-Al -Lease-Offerings/, or, for lease sales after 2020, at
BOEM, “Lease Sales,” at https://www.boem.gov/oil-gas-energy/lease-sales.
b. Eight sales were held under the 2017-2022 program prior to its June 30, 2022, expiration. Lease Sale 257
was vacated by a judicial order (Friends of the Earth v. Haaland,—F. 3d.—, 2022 WL 254526 (D.D.C.
2022)), and leases were not issued. Subsequent to the program’s expiration, P.L. 117-169 was enacted,
requiring BOEM to conduct the remaining lease sales despite the program’s expiration and to issue the
leases from the vacated Lease Sale 257. BOEM subsequently held the remaining three lease sales from the
program in December 2022, March 2023, and December 2023.
c. The George W. Bush Administration developed the original program for 2007-2012 and submitted it to the
110th Congress with a lease schedule containing 21 sales. Fol owing a court order in 2009, DOI revised the
program under the Obama Administration and resubmitted it to the 111th Congress with a revised lease
schedule containing 16 sales.
d. This program was originally referred to as the Comprehensive Program 1980-1985, but the covered years
were changed to 1980-1982 due mainly to judicial activity. California v. Watt, 688 F.2d 1290 (D.C. Cir.
1981).

63 This section was prepared by Laura Comay, Specialist in Natural Resources Policy.
64 Prior to 1980, the domestic program for oil and gas leasing encompassed almost 30 years of federal government lease
sales conveying more than 3,000 tracts from October 1954 through September 1980.
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Five-Year Offshore Oil and Gas Leasing Program: History and Background

Role of Congress
Congress can influence the Administration’s development of a five-year program in a number of
ways. Members of Congress may convey their views on the Administration’s proposals by
submitting public comments on program drafts during the formal comment periods, and they may
evaluate the program in committee oversight hearings. More directly, Members may introduce
legislation to set or alter a program’s terms. Congress also has a role under the OCSLA of
reviewing each five-year program once it is finalized, but as discussed above, the OCSLA does
not require that Congress directly approve the final program in order for it to be implemented.
As examples of these types of participation, this section summarizes congressional action on the
2017-2022 program, the most recent completed program. For developments related to the
upcoming 2024-2029 program, see CRS Report R44692, Five-Year Offshore Oil and Gas Leasing
Program: Status and Issues in Brief.
Public Comment
Members of Congress, along with other stakeholders such as state governors, interested agencies
and organizations, and members of the public, may submit comments on draft versions of five-
year programs. For the 2017-2022 program, BOEM received 15 comments from Members of
Congress on its initial request for information (RFI), 12 comments from Members on the DPP,
and 5 comments from Members on the PP. Some of these comments came from one or a few
Members, and others had many signers (in some cases, 150 Members or more).65 Some comments
opposed the inclusion of certain regions in the program, whereas others supported the proposed
lease sales or sought an expansion of lease areas and a higher number of sales. The comments
also addressed related issues such as seismic testing in the Atlantic.
BOEM takes the public comments into account when developing successive drafts of a five-year
program. Each draft contains an appendix summarizing the substantive comments that BOEM
received on the previous version, including those from Members of Congress, and explaining
BOEM’s response to each.66 BOEM may revise the program to partially or fully adopt a
suggestion, or may explain why it declined to do so.
Oversight Hearings
The House or Senate may hold oversight hearings to evaluate a proposed five-year oil and gas
leasing program. Such hearings help to inform Members in their legislative decisionmaking
concerning the program and provide an opportunity for BOEM to hear Members’ views. After
BOEM released the DPP for 2017-2022, the House Natural Resources Committee held a hearing
on the program on April 15, 2015.67 Members and witnesses addressed issues such as the overall
number of lease sales proposed for the program, whether leasing should occur in the Atlantic and
Arctic, and whether seismic surveying should occur in the Atlantic, among others. On May 19,

65 The 15 congressional comments received on the RFI are discussed on pp. A-46 to A-49 of the 2017-2022 DPP. The
12 congressional comments received on the DPP are discussed on pp. A-24 to A-26 of the 2017-2022 PP. The 5
congressional comments received on the PP are discussed on pp. A-49 to A-50 of the 2017-2022 PFP.
66 See Appendix A of each version of the program: the 2017-2022 DPP (summarizing comments on the RFI), the 2017-
2022 PP (summarizing comments on the DPP), and the 2017-2022 PFP (summarizing comments on the PP).
67 House Committee on Natural Resources, Subcommittee on Energy and Mineral Resources, oversight hearing,
“Examining the Future Impacts of President Obama’s Offshore Energy Plan,” April 15, 2015, at https://www.gpo.gov/
fdsys/pkg/CHRG-114hhrg94270/pdf/CHRG-114hhrg94270.pdf.
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Five-Year Offshore Oil and Gas Leasing Program: History and Background

2016, the Senate Energy and Natural Resources Committee held a hearing on the PP version of
the program.68 Members and witnesses discussed, among other issues, the PP’s proposal for
targeted rather than area-wide lease sales in Alaska and the factors that contributed to BOEM’s
decision to remove its earlier-proposed Atlantic lease sale from the 2017-2022 program.
Legislation
Under the OCSLA, the final version of each five-year program must be submitted to Congress for
a period of 60 days before the Secretary of the Interior can approve and implement the program.69
During or outside the 60-day period, Congress could consider legislation to alter the program.
Legislation could, for example, remove scheduled lease sales, add new lease sales, or make
broader changes to the program.
The 114th, 115th, 116th, 117th, and 118th Congresses all considered legislation to alter the
development or implementation of the 2017-2022 program. Proposals included bills to add
specific lease sales to the program or require a different set of lease sales, to require certain
minimum numbers of acres to be leased, to prohibit leasing in certain OCS areas, to defund the
planning program, to prohibit any revisions to the program, and to require that canceled lease
sales be held even after the program’s expiration, among other topics. One enacted measure—the
IRA 2022, P.L. 117-169—directed BOEM to hold three canceled lease sales from the 2017-2022
program despite the program’s expiration and to issue the leases from Lease Sale 257, which
previously had been vacated by a judicial decision.

Author Information

Laura B. Comay
Adam Vann
Specialist in Natural Resources Policy
Legislative Attorney

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

68 U.S. Congress, Senate Committee on Energy and Natural Resources, “Hearing to Examine the Bureau of Ocean
Energy Management’s 2017-2022 OCS Oil and Gas Leasing Program,” 114th Cong., 2nd sess., May 19, 2016, at
http://www.energy.senate.gov/public/index.cfm/hearings-and-business-meetings?ID=110E5E8F-3A65-4BEC-9D25-
5D843A0284D3.
69 43 U.S.C. §1344(d)(2). The final program is also submitted to the President during this period.
Congressional Research Service
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