Five-Year Offshore Oil and Gas Leasing Program: Status and Issues in Brief

Five-Year Offshore Oil and Gas Leasing Program: Status and Issues in Brief

Five-Year Offshore Oil and Gas Leasing Program: Status and Issues in Brief

Updated December 4, 2025 (R44692)

Contents

Leasing Program Status

Change to Framework for Environmental Analysis

P.L. 119-21: Lease Sales Outside the Five-Year Program

Selected Issues for Congress

Issues Related to the 2024-2029 Program

Regional Leasing Proposals in the 2026-2031 DPP

Gulf of America Region

Alaska Region

Pacific Region

Atlantic Region

Role of Congress and Legislation

Figures

Figure 1. Proposed Lease Areas in BOEM's 2026-2031 Draft Proposed Program, Lower 48 States

Figure 2. Proposed Lease Areas in BOEM's 2026-2031 Draft Proposed Program, Alaska Region

Under the Outer Continental Shelf Lands Act (OCSLA), as amended,¹ the Bureau of Ocean Energy Management (BOEM) within the Department of the Interior (DOI) must prepare and maintain forward-looking five-year plans—referred to by BOEM as national programs or five-year programs—to schedule proposed oil and gas lease sales on the U.S. outer continental shelf (OCS). In December 2023, under the Biden Administration, the Secretary of the Interior approved a five-year program that scheduled three offshore oil and gas lease sales for the 2024-2029 period, all for the Gulf of Mexico (later renamed Gulf of America)—a smaller number of sales than in previous programs.² In November 2025, under the second Trump Administration, BOEM released a draft of a new five-year program for 2026-2031, which could replace the leasing schedule for some years of the current program.³

Congress can and has influenced five-year programs through oversight and legislation, including in the 119th Congress. P.L. 119-21, the FY2025 budget reconciliation law enacted in July 2025, requires additional offshore oil and gas lease sales beyond those scheduled in the five-year program. Other bills in the 119th Congress would set new terms for program development under the OCSLA, impose leasing moratoria in specified areas, or make other types of changes. This report discusses recent developments related to the leasing program, selected issues for congressional consideration, and 119th Congress legislation. The broader history, legal framework, and process for developing the five-year programs are addressed in CRS Report R44504, Five-Year Offshore Oil and Gas Leasing Program: History and Background.

Leasing Program Status

On November 24, 2025, BOEM announced the availability of a draft proposed program (DPP) for OCS oil and gas leasing for the 2026-2031 period.⁴ The DPP, also titled the "1st Analysis and Proposal," would replace some years of the 2024-2029 leasing schedule developed by the Biden Administration. BOEM had earlier published a request for information and comments (RFI) for the new program.⁵

The 2026-2031 DPP proposes a schedule of 34 OCS oil and gas lease sales during the five-year period (Figure 1 and Figure 2). These would be in addition to offshore oil and gas lease sales mandated by law outside the five-year program, under P.L. 119-21 (see discussion below). The proposed schedule in the DPP includes 7 lease sales in the Gulf of America, 21 sales in the Alaska region, and 6 sales in the Pacific region.⁶ No sales for the Atlantic region are proposed in the DPP. In contrast with the 34 lease sales proposed in the DPP for 2026-2031, the 2024-2029 program that is currently in place schedules 3 sales in total during its five-year period, all of them in the Gulf of America.⁷

BOEM's development of a new five-year program typically has taken two to three years (although the development period for the 2024-2029 program was longer). During program preparation, successive drafts of the program are published for review and comment.⁸ All available leasing areas are initially examined, and the selection may then be narrowed based on economic and environmental analysis to arrive at a final leasing schedule. Under the OCSLA, the proposed final program (PFP) is submitted to the President and to Congress for at least 60 days (although the President and Congress do not have formal approval roles). The proposal may then receive final approval from the Secretary of the Interior and may take effect.

Figure 1. Proposed Lease Areas in BOEM's 2026-2031 Draft Proposed Program, Lower 48 States

Source: Bureau of Ocean Energy Management, "National OCS Oil and Gas Leasing Program," at https://www.boem.gov/oil-gas-energy/national-program/national-ocs-oil-and-gas-leasing-program.

Figure 2. Proposed Lease Areas in BOEM's 2026-2031 Draft Proposed Program, Alaska Region

Source: Bureau of Ocean Energy Management, "National OCS Oil and Gas Leasing Program," at https://www.boem.gov/oil-gas-energy/national-program/national-ocs-oil-and-gas-leasing-program.

Change to Framework for Environmental Analysis

Concurrently with program development, BOEM has typically completed a programmatic environmental impact statement (PEIS) for each five-year program under the National Environmental Policy Act (NEPA).⁹ For the upcoming program, however, BOEM's RFI stated that the program process would not include NEPA analysis, based on judicial rulings "that found that NEPA was unripe at the National OCS Program stage."¹⁰ BOEM stated that the program would still analyze environmental impacts as required in the OCSLA. BOEM's new approach could potentially reduce the time to complete development of the new program, which has previously included time required to prepare a draft and final PEIS along with the program documents. It is unclear how a decision not to develop a PEIS might affect the timing of NEPA compliance at later stages of the offshore oil and gas leasing and permitting process, when NEPA documents have typically tiered from the five-year program PEIS.¹¹

P.L. 119-21: Lease Sales Outside the Five-Year Program

Separately, on July 4, 2025, the President signed into law a budget reconciliation act, P.L. 119-21. Section 50102 of the act requires two oil and gas lease sales each year through 2040 in the Gulf of America region, and a total of six oil and gas lease sale in specified years through 2032 in the Cook Inlet planning area of the Alaska region.¹² These required sales take place outside the framework of the five-year program; the 2026-2031 program specifies that its proposed sales are in addition to those required by P.L. 119-21.¹³ BOEM has scheduled the first Gulf of America lease sale under P.L. 119-21, known as Lease Sale BBG1, for December 10, 2025.¹⁴

Selected Issues for Congress

Issues Related to the 2024-2029 Program

The development process and decisions for the 2024-2029 program under the Biden Administration raised several issues for Congress. The program's total of three lease sales was the lowest for any offshore five-year leasing program to date and for the first time contained some years in which no lease sales would be held in the Gulf of America, the primary U.S. location for offshore oil and gas production.¹⁵ Congress addressed Gulf lease sales in P.L. 119-21, which requires semiannual lease sales for the Gulf through 2040, notwithstanding sales scheduled under the five-year program. Some stakeholders contend that consistent, ongoing leasing in the Gulf provides certainty for industry, enhances U.S. energy security, and prevents consumers from having to rely on oil and gas from other countries that may have fewer environmental safeguards on development.¹⁶ Others argue that ongoing oil and gas leasing raises the risk of catastrophic oil spills and contributes to adverse effects of climate change, and had sought a five-year program with no lease sales in the Gulf (or elsewhere).¹⁷ Stakeholders have disagreed about whether the OCSLA's provisions at 43 U.S.C. §1344(a) would permit a zero-lease program.¹⁸

Another issue regarding the 2024-2029 program was its timing. The program's development proceeded more slowly than for previous programs. In previous program transitions, a new program had been finalized by the time the earlier one expired, allowing a new leasing schedule to take effect immediately.¹⁹ By contrast, after BOEM's 2017-2022 leasing program expired, the federal government experienced a gap between oil and gas leasing programs.²⁰ It is unclear how such a gap may align with requirements of the OCSLA. The OCSLA states that the Secretary of the Interior must "prepare and periodically revise, and maintain an oil and gas leasing program."²¹ Stakeholders have differed in their interpretations of the extent to which this and other language in the act would require that a program must continuously be in force.²² Some bills introduced in the 119th Congress would explicitly prohibit a future gap between five-year programs.²³ These bills would mandate required timing for the Secretary of the Interior to begin preparation of a new program and to approve a final version.

Regional Leasing Proposals in the 2026-2031 DPP

Under the OCSLA, BOEM must take into account economic, social, and environmental values in making its leasing decisions.²⁴ The balancing of these factors could lead to various decisions regarding leasing in each of the four OCS regions—the Atlantic, Pacific, Alaska, and Gulf of America regions—and their component planning areas. The 2024-2029 program finalized by the Biden Administration scheduled three lease sales in total, all taking place in the Gulf region. P.L. 119-21 added additional semiannual sales for the Gulf region as well as sales in most years for the Cook Inlet planning area of the Alaska region. The 2026-2031 DPP proposes further sales for the Gulf region and Cook Inlet, as well as sales in new areas, including additional parts of the Gulf and Alaska regions as well as areas in the Pacific region. The 119th Congress is considering legislation that could affect regional leasing decisions for the 2026-2031 program (see section on "Role of Congress and Legislation").

Gulf of America Region

Almost all U.S. offshore oil and gas production takes place in the Gulf of America.²⁵ The Gulf has the most mature oil and gas development infrastructure of the four planning regions and some of the highest concentrations of oil and gas resources, according to BOEM estimates.²⁶

The 2026-2031 DPP proposes five oil and gas lease sales over the program period in "Gulf of America (GOA) Program Area A" (Figure 1)—an area consisting of most of the western and central Gulf of America, where existing leasing is concentrated.²⁷ These sales would be in addition to semiannual lease sales required for this area under P.L. 119-21. The DPP states that the proposed leasing "could help maintain the Nation's position as a global energy leader for much of the next century," given that offshore production "provides a steady and predictable source of oil and gas for the long-term and is less susceptible to short-term price changes than onshore production."²⁸ By contrast, the Biden Administration's 2024-2029 program had stated that three total sales in this area over the 2024-2029 period would "provide adequate access to the region's oil and gas resources to meet national energy needs."²⁹

The 2026-2031 DPP also proposes two lease sales (one in 2029 and one in 2030) for an area titled "GOA Program Area B" (Figure 1), which lies in a part of the eastern Gulf of America that is currently withdrawn from leasing.³⁰ This area is not part of the Gulf leasing required by P.L. 119-21. Most of the area has not previously been leased, and no commercial production has occurred there to date.³¹ The Gulf of Mexico Energy Security Act of 2006 (GOMESA) had prohibited oil and gas leasing in a defined area of the Gulf off the Florida coast that included the area proposed as GOA Program Area B.³² Although the GOMESA moratorium expired on June 30, 2022, President Trump during his first term effectively extended this moratorium for another decade by withdrawing this area from leasing consideration through June 2032 under OCSLA Section 12(a).³³ Some Members of Congress and other stakeholders wish to make the Eastern Gulf leasing moratorium permanent. Among other concerns, they contend that oil and gas leasing in Gulf waters around Florida could damage the state's beaches and fisheries, which support strong tourism and fishing industries, and could jeopardize mission-critical defense activities at Pensacola's Eglin Air Force Base. By contrast, oil and gas industry groups and some others have advocated for shrinking the area covered by the ban, or eliminating the ban before its scheduled expiration date. They emphasize the economic significance of oil and gas resources off the Florida coast and contend that development would create jobs, strengthen the state and national economies, and contribute to U.S. energy security.³⁴

For lease sales to take place in GOA Program Area B in 2029 and 2030, changes would be required to the current framework under which this area is withdrawn from leasing by the President through June 2032.³⁵ BOEM acknowledged the existing withdrawal in the DPP and stated that its proposal "only facilitates further information gathering and analysis of these areas," giving the President and the Secretary of the Interior information and analysis they can use "to exercise their discretion under Section 12 and Section 18 of the OCS Lands Act and make more informed decisions on what areas should be made available for leasing."³⁶ Some bills in the 119th Congress would remove any administrative discretion on this matter by prohibiting the area from leasing, either permanently or for a specified period.³⁷

Alaska Region

Among Alaska's 16 BOEM planning areas, the Beaufort Sea and Cook Inlet are the only two areas with existing federal leases, and only the Beaufort Sea has producing wells in federal waters. Some stakeholders, including the State of Alaska and some Members of Congress, seek to expand offshore oil and gas activities in the region. Other Members of Congress and some environmental groups oppose offshore oil and gas drilling in the region due to concerns about potential oil spills and the possible contributions of these activities to climate change.

The DPP proposes 21 lease sales over the 2026-2031 period in the Alaska region.³⁸ Six of the proposed sales are for the Cook Inlet planning area, which is adjacent to existing areas of natural gas production in state waters. BOEM has offered two Cook Inlet lease sales in the past decade (in 2022 and 2017), and six additional lease sales are required for this area between 2026 and 2032 under P.L. 119-21. The currently active 2024-2029 program prepared by the Biden Administration scheduled no lease sales for Cook Inlet (or anywhere in the Alaska region). A draft program had included a potential Cook Inlet sale, but the final program removed it, based on "limited expressed interest of potential oil and gas producers, the lack of development on existing OCS leases, and the potential for higher environmental risks associated with new leasing in relatively undeveloped areas."³⁹ The most recent lease sale for this planning area, in 2022, received one bid.⁴⁰

Five of the proposed sales are for planning areas in the Arctic Ocean off Alaska's North Slope—the Beaufort and Chukchi Sea planning areas and a new "High Arctic" planning area identified by BOEM in 2025, following the U.S. claim to extended continental shelf jurisdiction in this area.⁴¹ Congress has debated offshore oil and gas leasing in the Arctic Ocean planning areas. Decreases in summer polar ice, along with estimates of substantial undiscovered oil and gas resources in Arctic waters, have contributed to increased interest by some in offshore oil and gas exploration in the region.⁴² However, the region's severe weather and perennial sea ice, and its relative lack of infrastructure to extract and transport offshore oil and gas, pose technical and financial challenges to new exploration. Previous periods of low energy prices have diminished short-term incentives for development in these areas, because Alaskan offshore production is relatively costly. President Trump's January 2025 E.O. 14148 aimed to facilitate leasing in these areas by rescinding leasing withdrawals that President Biden had made.⁴³ Also in January 2025, President Trump issued E.O. 14153, "Unleashing Alaska's Extraordinary Resource Potential," which stated a U.S. policy of "expediting the permitting and leasing of energy and natural resource projects in Alaska" (although with specific implementation steps focused primarily on onshore Alaska activities).⁴⁴

Industry interest in some other Alaska region planning areas may be comparatively lower, as many are thought to have relatively low or negligible petroleum potential.⁴⁵ The DPP proposes one sale in each remaining Alaska planning area during the 2026-2031 period, except in the North Aleutian Basin planning area, where leasing is prohibited by a presidential withdrawal.⁴⁶

Supporters of offshore oil and gas development in the region contend that it is critical for Alaska's economic health as production has declined from the state's onshore oil fields. They further assert that offshore energy development in the region could play a growing role nationally by reducing U.S. dependence on oil and gas imports and supporting U.S. interests in the Arctic economy as other nations, including Russia and China, invest in Arctic projects. These stakeholders contend that oil and gas activities can be conducted safely in the region and point to a history of successful well drilling in the Beaufort and Chukchi Seas in the 1980s and 1990s.

Those who favor few or no Alaska offshore lease sales, by contrast, are concerned that it would be challenging to respond to a major oil spill in the region because of the icy conditions and lack of spill-response infrastructure.⁴⁷ Opponents of increased leasing in the region also express concern that it would represent a long-term investment in oil and gas as an energy source, which could slow national efforts to address climate change. They contend, too, that new leasing opportunities are unnecessary, since industry has pulled back on investing in the Alaska region.⁴⁸ Others assert, however, that tepid industry interest in the region has been due more to the overly demanding federal regulatory environment than to market conditions.⁴⁹

Among those favoring expanded leasing in the region are some Alaska Native communities, who see offshore development as a source of jobs and investment in financially struggling localities. Other Alaska Native communities have opposed offshore leasing, citing concerns about environmental threats to subsistence lifestyles. Alaska's Department of Natural Resources submitted comments for the 2026-2031 program supporting lease sales in Cook Inlet and the Beaufort and Chukchi Seas.⁵⁰

Pacific Region

The 2026-2031 DPP proposes six lease sales for the Pacific region, all of them in planning areas off of California.⁵¹ No federal oil and gas lease sales have been held for the Pacific since 1984, although active leases with production remain in the Southern California planning area.⁵² As in the Atlantic region, the Pacific region was subject to congressional and presidential leasing moratoria for parts of the past 40 years.⁵³ These restrictions were lifted in FY2009, but no lease sales have since taken place for the Pacific. Governors of California, Oregon, and Washington generally have expressed opposition to new offshore oil and gas leasing in the region.⁵⁴ (Administratively, the Pacific region also includes Hawaii, but Hawaii is not part of the oil and gas leasing program because no known hydrocarbon resources are present offshore of the state.)

Congressional stakeholders have disagreed over whether oil and gas leasing should occur in the Pacific. Members of Congress who favor broad oil and gas leasing across the entire OCS have introduced legislation in previous Congresses that would have required BOEM to hold sales in the Pacific region.⁵⁵ Members concerned about environmental damage from oil and gas activities in the region have introduced bills to permanently prohibit Pacific oil and gas leasing.⁵⁶

Atlantic Region

No offshore oil and gas lease sales have occurred in the Atlantic region since 1983, due in part to congressional bans on Atlantic leasing in annual Interior appropriations acts from FY1983 to FY2008, along with presidential leasing withdrawals for the region during those years. Starting with FY2009, Congress no longer included an Atlantic leasing moratorium in appropriations acts. In 2008, President George W. Bush also removed the long-standing administrative withdrawal for the region.⁵⁷ These changes meant that lease sales could potentially be conducted for the Atlantic. However, no Atlantic lease sale took place in the subsequent years.⁵⁸ The 2026-2031 DPP proposes no lease sales for this region. In comments on BOEM's April 2025 RFI, governors of states bordering the Atlantic OCS region generally expressed opposition to inclusion of this region in the DPP.⁵⁹ Also, during his first term, President Trump withdrew from leasing consideration, from July 2022 through June 2032, certain waters off of Florida, Georgia, South Carolina, and North Carolina.⁶⁰

Political leaders in the Atlantic region states, and stakeholders within each state, have disagreed in the past about whether oil and gas drilling should occur in the region.⁶¹ Supporters of leasing contend that oil and gas development would lower energy costs for regional consumers, bring jobs and economic investment, and strengthen U.S. energy security. Opponents express concerns that oil and gas development would undermine state clean energy goals and that oil spills could threaten coastal communities. Also of concern for leasing opponents is the potential for oil and gas activities to damage the tourism and fishing industries in the Atlantic region and to conflict with military and space-related activities of the Department of Defense and National Aeronautics and Space Administration (NASA). During the Biden Administration, the Atlantic region was a focus for BOEM's offshore wind leasing; some see this as potentially compatible with oil and gas development, some favor one or the other type of energy for the region, and some oppose both wind and oil and gas development as conflicting with other uses of the Atlantic.⁶²

Role of Congress and Legislation

Congress can influence the Administration's development and implementation of a five-year program by submitting public comments during formal comment periods, by evaluating programs in committee oversight hearings, and, more directly, by enacting legislation with program requirements.⁶³ For example, Members submitted public comments on both the PP and DPP for the 2024-2029 program, and committees in both chambers held oversight hearings to examine BOEM's recommendations in the PFP.⁶⁴

Congress also has passed legislation in the 119th Congress that affects the five-year program. As discussed above, P.L. 119-21—budget reconciliation legislation enacted in July 2025—requires two oil and gas lease sales each year through 2040 in the Gulf of America region in addition to the sales in the five-year program, and one oil and gas lease sale in most years through 2032 in Alaska's Cook Inlet. Some Members have proposed different lease sale requirements; for example, the draft Interior and Related Agencies appropriations bill marked up by the House Appropriations Committee's Interior and Environment Subcommittee on July 15, 2025, would require a minimum of two oil and gas lease sales annually for the Central and Western Gulf planning areas, and one region-wide sale annually for the Alaska region, beginning in FY2026, with no end date specified and "notwithstanding any other provision of law."

Other 119th Congress bills, including H.R. 3061, S. 109, and S. 460, also would mandate lease sales beyond those originally scheduled in the 2024-2029 program. H.R. 3061 and S. 460 would additionally require that future five-year programs be prepared and approved within a timeframe that would prevent gaps between programs. By contrast, other bills in the 119th Congress—H.R. 2673, H.R. 2820, H.R. 2848, H.R. 2849, H.R. 2862, H.R. 2865, H.R. 2881, H.R. 2882, H.R. 2886, H.R. 6068, S. 1432, S. 1445, S. 1472, S. 1486, and S. 3082—would establish new moratoria or extend existing moratoria on oil and gas leasing, thus curtailing leasing options in future five-year programs. Some of these bills would permanently prohibit leasing in large areas, such as throughout the Pacific or Atlantic regions.

Congress could pursue additional changes to the five-year program through bills such as these or other legislation. Alternatively, Congress could choose not to act further, allowing the Trump Administration's program development process to proceed under current authorities.

Footnotes

1.

Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. §§1331-1356b; see especially §1344.

2.

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 2024-2029 ROD. In February 2025, the U.S. Board on Geographic Names renamed the Gulf of Mexico as the Gulf of America, pursuant to Executive Order (E.O.) 14172. For more information, see CRS In Focus IF12881, Trump Administration Actions: Geographic Naming, by Anna E. Normand and Mark K. DeSantis.

3.

Department of the Interior (DOI), "Interior Announces Eleventh National Outer Continental Shelf Oil and Gas Leasing Program," press release, April 18, 2025, at https://www.doi.gov/pressreleases/interior-announces-eleventh-national-outer-continental-shelf-oil-and-gas-leasing; hereinafter referred to as DOI press release, April 18, 2025.

4.

Bureau of Ocean Energy Management (BOEM), "Notice of Availability of the 11th National Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program: 1st Analysis and Proposal," 90 Federal Register 52996, November 24, 2025. The draft proposed program (DPP) is available at BOEM, 11th National Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program: 1st Analysis and Proposal, November 2025, at https://www.boem.gov/sites/default/files/documents/oil-gas-energy/national-program/11th_National_OCS_Program_1stAnalysis_and_Proposal.pdf; hereinafter referred to as BOEM, 2026-2031 DPP.

5.

90 Federal Register 17972, April 30, 2025. For information on the steps to develop a five-year program, see CRS Report R44504, Five-Year Offshore Oil and Gas Leasing Program: History and Background, especially the section "Five-Year Program Development Process."

6.

BOEM, 2026-2031 DPP, pp. 5-6; and P.L. 119-21, Section 50102(a).

7.

2024-2029 ROD.

8.

Typically, the process includes publication of an initial draft proposed program (DPP), followed by a proposed program (PP), followed by a proposed final program (PFP). The PFP assumes the status of a final program after its approval by the Secretary of the Interior in a record of decision (ROD). For more information, see CRS Report R44504, Five-Year Offshore Oil and Gas Leasing Program: History and Background, by Laura B. Comay and Adam Vann.

9.

National Environmental Policy Act (NEPA), 42 U.S.C. §4321. For more information, see CRS In Focus IF12417, Environmental Reviews and the 118th Congress, by Kristen Hite. A programmatic environmental impact statement (PEIS) typically evaluates the effects of broad proposals or planning-level decisions.

10.

90 Federal Register 17976. BOEM cited judicial rulings in Center for Biological Diversity v. Department of the Interior, 563 F.3d 466 (D.C. Cir. 2009), and Center for Sustainable Economy v. Jewell, 779 F.3d 588 (D.C. Cir. 2015).

11.

Under the NEPA tiering process, agencies may undertake NEPA review in stages—for instance, by first considering the overall impacts of a broad program in a programmatic environmental document, and then, in the NEPA review for individual projects under the program, referring back to the programmatic analysis and focusing instead on any project-specific impacts. See CRS In Focus IF12560, National Environmental Policy Act: An Overview, by Kristen Hite.

12.

The Cook Inlet sales include one required sale in each of 2026, 2027, 2028, 2030, 2031, and 2032 (but not 2029).

13.

BOEM, 2026-2031 DPP, p. 3.

14.

BOEM, "Big Beautiful Gulf (BBG1) Oil & Gas Lease Sale," at https://www.boem.gov/oil-gas-energy/big-beautiful-gulf-1-bbg1-oil-gas-lease-sale.

15.

Although all previous programs scheduled Gulf lease sales at least annually, two lease sales were canceled or consolidated with other sales following the 2010 Deepwater Horizon oil spill.

16.

For discussions of contrasting views, see, for example, House Committee on Natural Resources, Subcommittee on Energy and Mineral Resources, Examining the Biden Administration's Unprecedented Obstruction of the BOEM Offshore Leasing Program, oversight hearing, October 18, 2023, at https://naturalresources.house.gov/calendar/eventsingle.aspx?EventID=414951; hereinafter referred to as House Natural Resources Committee October 2023 oversight hearing.

17.

The proposed program (PP) had considered a no-lease-sale scenario, but a September 2023 DOI press release (https://www.doi.gov/pressreleases/reflecting-americas-rapid-and-accelerating-shift-clean-energy-interior-department) stated that three sales were "the minimum number that will enable the Interior Department to continue to expand its offshore wind leasing program through 2030," based on provisions in Section 50265 of P.L. 117-169 that prohibit BOEM from issuing offshore wind leases unless oil and gas lease offerings of a certain acreage have taken place in the past year. Although DOI under the Biden Administration had sought to conduct offshore wind sales during the 2024-2029 period, President Trump set a different policy direction for offshore wind in his Administration and has withdrawn the OCS from future wind leasing. For more information, see CRS In Focus IF13034, Offshore Wind: Status and Issues for the 119th Congress, by Laura B. Comay, Corrie E. Clark, and Donald J. Marples.

18.

The question has not been tested in the courts, given that no program has been finalized without any scheduled sales.

19.

A partial exception is the transition to the 2012-2017 program. The 2012-2017 PFP 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). However, this timing still allowed for the program's first scheduled sale to be held as planned in November 2012.

20.

Despite the gap, some lease sales took place during that time, owing to provisions in P.L. 117-169, commonly known as the Inflation Reduction Act (IRA), that required BOEM to conduct certain lease sales during the gap period. The lease sales required under Section 50264 of P.L. 117-169 were sales that originally had been scheduled in the 2017-2022 program but had been canceled as that program approached expiration. These included Lease Sale 258 for Alaska's Cook Inlet and Lease Sales 259 and 261 for the then-named Gulf of Mexico. These lease sales were held on December 30, 2022; March 29, 2023; and December 20, 2023, respectively. For more information, see BOEM, "Lease Sales: 2017-2022," at https://www.boem.gov/oil-gas-energy/lease-sales.

21.

43 U.S.C. §1344(a).

22.

For the view that the OCSLA prohibits a gap between programs, see DOI Solicitor's Memorandum M-37062, "Secretarial Discretion in Promulgating a National Outer Continental Shelf Oil and Gas Leasing Program," January 13, 2021, at https://www.doi.gov/sites/doi.gov/files/m-37062.pdf; hereinafter cited as January 2021 DOI Solicitor's Memorandum. This memorandum, issued during the first Trump Administration, was withdrawn during the Biden Administration. For the view that the OCSLA does not clearly prohibit a gap between programs, see remarks of Earthjustice attorney Brettny Hardy in "Biden faces legal fight over delayed offshore leasing plan," EnergyWire, April 21, 2022, at https://www.eenews.net/articles/biden-faces-legal-fight-over-delayed-offshore-leasing-plan/.

23.

See the "Role of Congress" section for further discussion.

24.

43 U.S.C. §1344(a). Factors that the Secretary of the Interior must consider include the geographical, geological, and ecological characteristics of the regions; the 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 regions, among others. Leasing also must be conducted to ensure the federal government receives fair market value for leased tracts.

25.

The Gulf accounts for more than 99% of U.S. offshore oil and gas production. BOEM, 2026-2031 DPP, p. 3-18.

26.

BOEM, "Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation's Outer Continental Shelf," 2021, at https://www.boem.gov/sites/default/files/documents/oil-gas-energy/resource-evaluation/2021_National_Assessment_Map_BTU.pdf, hereinafter cited as BOEM, 2021 UTRR map. BOEM estimates the undiscovered, technically recoverable resources (UTRR) for each region—resources that could be produced using conventional techniques without any economic considerations. BOEM estimates the Gulf to have the highest UTRR of any OCS region with regard to oil; the Gulf is second to the Alaska region in terms of UTRR for natural gas. In terms of discovered, commercially recoverable oil and gas reserves, BOEM announced a 23% increase to its reserves estimate for the Gulf in April 2025 (BOEM, "2025 Estimated Oil and Gas Reserves Report Gulf of America OCS Region," April 2025, at https://www.boem.gov/factsheet/2025-estimated-oil-and-gas-reserves-report-gulf-america-ocs-region).

27.

BOEM, 2026-2031 DPP, pp. 5-6.

28.

BOEM, 2026-2031 DPP, p. 15.

29.

BOEM, 2024-2029 National Outer Continental Shelf Oil and Gas Leasing: Proposed Final Program, September 2023, p. 6, at https://www.boem.gov/sites/default/files/documents/oil-gas-energy/leasing/2024-2029_NationalOCSProgram_PFP_Sept_2023.pdf; hereinafter referred to as 2024-2029 PFP. The Biden Administration also had considered a zero-sale program but stated that the three-sale choice would bring higher "net benefits for the American public," because "substitute energy sources would be needed to meet projections for continued domestic oil and natural gas demand" under a zero-sale program, and "reliance on these [substitute] sources is estimated to result in less net economic value, greater environmental and social costs, and reduced net consumer surplus." BOEM defines net economic value as "the discounted gross revenues from the produced oil and natural gas minus the private costs required to realize the economic value of the resources" (2024-2029 PFP, chapter 5, p. 19), and consumer surplus as "the shift in consumer welfare that results from a change in energy prices minus the loss to domestic energy producers from the same price change" (chapter 5, p. 26). BOEM further noted that the IRA requires continued oil and gas leasing in order to enable offshore wind lease issuance (see discussion in footnote 17).

30.

BOEM, 2026-2031 DPP, pp. 5-6.

31.

BOEM, 2026-2031 DPP, pp. 3-18 to 3-20.

32.

P.L. 109-432. For more information on GOMESA, see CRS Report R46195, Gulf of Mexico Energy Security Act (GOMESA): Background and Current Issues, by Laura B. Comay. GOMESA banned oil and gas leasing in the Eastern Gulf planning area within 125 miles of the coast of Florida, in all Gulf areas east of a prescribed "Military Mission Line," and in the part of the Central Gulf planning area that is within 100 miles of Florida, through June 30, 2022. This report refers to the GOMESA moratorium area as the "Eastern Gulf" moratorium area for simplicity.

33.

President Donald Trump, "Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition," September 8, 2020, at https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-withdrawal-certain-areas-united-states-outer-continental-shelf-leasing-disposition/, hereinafter cited as President Trump withdrawal memorandum, September 8, 2020.

34.

For a summary of comments by various stakeholders in response to the April 30, 2025, request for information and interest (RFI) for the 2026-2031 program (90 Federal Register 17972), see BOEM, 2026-2031 DPP, Chapter 13 and Appendix A.

35.

For instance, in the past, some presidents have modified OCSLA Section 12(a) withdrawals to allow leasing in previously withdrawn areas, although there is legal uncertainty about whether Section 12(a) gives a President authority to rescind or modify a Section 12(a) withdrawal. For more information, see CRS Legal Sidebar LSB11259, Biden Administration Withdraws Offshore Areas from Oil and Gas Leasing: Can a Withdrawal Be Withdrawn?, by Adam Vann.

36.

BOEM, 2026-2031 DPP, p. 13.

37.

For 119th Congress legislation, see the section on "Role of Congress and Legislation."

38.

BOEM, 2026-2031 DPP, pp. 5-6.

39.

2024-2029 PFP, p. 7.

40.

BOEM, "Lease Sale 258," at https://www.boem.gov/oil-gas-energy/leasing/lease-sale-258.

41.

BOEM, "Revising the Outer Continental Shelf Planning Areas to Address Jurisdictional Changes," 90 Federal Register 17970, April 30, 2025. For more information, see CRS Report R47912, Outer Limits of the U.S. Extended Continental Shelf: Background and Issues for Congress, by Caitlin Keating-Bitonti. For discussion of the resource potential of these Arctic areas, see CRS Report R41153, Changes in the Arctic: Background and Issues for Congress, coordinated by Ronald O'Rourke, section on "Offshore Oil and Gas Exploration."

42.

For more information, see the section on "Oil, Gas, and Mineral Exploration" in CRS Report R41153, Changes in the Arctic: Background and Issues for Congress, coordinated by Ronald O'Rourke.

43.

E.O. 14148, January 20, 2025. For legal discussion, see CRS Legal Sidebar LSB11259, Biden Administration Withdraws Offshore Areas from Oil and Gas Leasing: Can a Withdrawal Be Withdrawn?, by Adam Vann. The Beaufort and Chukchi Sea planning areas had been withdrawn indefinitely from leasing disposition during the Biden Administration (E.O. 13990, Section 4(b), January 20, 2021, 86 Federal Register 7037, January 25, 2021; and Presidential Memorandum, "Withdrawal of Certain Areas Off the United States Arctic Coast of the Outer Continental Shelf from Oil or Gas Leasing," March 13, 2023).

44.

E.O. 14153, January 20, 2025.

45.

BOEM, 2021 UTRR map.

46.

BOEM, 2026-2031 DPP, pp. 5-6. On the North Aleutian Basin, see President Obama, "Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf From Leasing Disposition," December 16, 2014, at https://www.govinfo.gov/content/pkg/DCPD-201400934/pdf/DCPD-201400934.pdf.

47.

For more information, see CRS Report R41153, Changes in the Arctic: Background and Issues for Congress, coordinated by Ronald O'Rourke, sections on "Oil, Gas, and Mineral Exploration" and "Oil Pollution and Response." The Obama Administration issued Arctic offshore drilling regulations that focused on ways in which companies would need to compensate for the lack of spill-response infrastructure, such as by having a separate rig available at drill sites to drill a relief well in case of a loss of well control. DOI, "Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf," 81 Federal Register 46477, July 15, 2016.

48.

For more information, see CRS Report R41153, Changes in the Arctic: Background and Issues for Congress, coordinated by Ronald O'Rourke, section on "Oil, Gas, and Mineral Exploration."

49.

See CRS Report R41153, Changes in the Arctic: Background and Issues for Congress, coordinated by Ronald O'Rourke, section on "Oil, Gas, and Mineral Exploration."

50.

BOEM, 2026-2031 DPP, p. A-4.

51.

BOEM, 2026-2031 DPP, pp. 5-6.

52.

A federal oil and natural gas lease is for a specific 5-10 year period, but if a discovery is made within the term of the lease, the lease is extended for as long as oil and/or natural gas is produced in paying quantities or approved drilling operations are conducted.

53.

Different portions of the Pacific region were subject to different restrictions during this period.

54.

See, for example, BOEM, 2026-2031 DPP, Appendix A.

55.

See, for example, H.R. 1487 and S. 791 in the 114th Cong.

56.

See examples in the "Role of Congress" section.

57.

President George W. Bush, "Memorandum on Modification of the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition," Weekly Compilation of Presidential Documents 44 (July 14, 2008).

58.

An Atlantic lease sale (Sale #220) was scheduled in the five-year program for 2007-2012, but it was canceled by then-Secretary of the Interior Ken Salazar following the April 2010 Deepwater Horizon oil spill. See BOEM, "Virginia Lease Sale 220 Information," at https://www.boem.gov/Oil-and-Gas-Energy-Program/Leasing/Regional-Leasing/Gulf-of-Mexico-Region/Lease-Sales/220/Virginia-Lease-Sale-220-Information.aspx.

59.

BOEM, 2026-2031 DPP, Appendix A.

60.

President Trump withdrawal memorandum, September 8, 2020; and President Donald Trump, "Presidential Determination on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition," September 25, 2020, at https://trumpwhitehouse.archives.gov/presidential-actions/presidential-determination-withdrawal-certain-areas-united-states-outer-continental-shelf-leasing-disposition/.

61.

See, for example, summaries of state comments for drafts of the 2024-2029 program: BOEM, 2023-2028 National Outer Continental Shelf Oil and Gas Leasing: Proposed Program, July 2022, pp. A-10 to A-16, at https://www.boem.gov/oil-gas-energy/national-program/2023-2028-proposed-program; and BOEM, 2019-2024 National Outer Continental Shelf Oil and Gas Leasing: Draft Proposed Program, January 2018, pp. A-19 to A-23, at https://www.boem.gov/NP-Draft-Proposed-Program-2019-2024/.

62.

In January 2025, President Trump withdrew the entire OCS, including the Atlantic region, from further offshore wind leasing. For more information, see CRS Insight IN12509, Status of U.S. Offshore Wind Leasing and Permitting: President Trump's January 2025 Wind Leasing Memorandum, by Laura B. Comay.

63.

Congress also has a role under the OCSLA of reviewing each five-year program once it is finalized, but the OCSLA does not require that Congress directly approve the final program in order for it to be implemented. Congress could make changes to the final program during or after the 60-day review period through legislation.

64.

For Members' comments on the DPP, see 2023-2028 PP, pp. A-125 to A-133. For Members' comments on the PP, see 2024-2029 PFP, pp. A-57 to A-58. For the oversight hearings, see House Natural Resources Committee October 2023 oversight hearing; and Senate Committee on Energy and Natural Resources, Full Committee Hearing to Examine Federal Offshore Energy Strategy and Policies, October 26, 2023, at https://www.energy.senate.gov/hearings/2023/10/full-committee-hearing-to-examine-federal-offshore-energy-strategy-and-policies.