II 119THCONGRESS 1 STSESSION S. 460 To promote domestic energy production, to require onshore and offshore oil and natural gas lease sales, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY6 (legislative day, FEBRUARY5), 2025 Mr. D AINES(for himself, Mr. MARSHALL, Mr. RISCH, Mr. CASSIDY, Mrs. H YDE-SMITH, Ms. MURKOWSKI, Mr. SHEEHY, Ms. LUMMIS, Mr. CRAPO, Mr. C URTIS, Mr. BARRASSO, and Mr. HOEVEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To promote domestic energy production, to require onshore and offshore oil and natural gas lease sales, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Supporting Made in 4 America Energy Act’’. 5 SEC. 2. REQUIRED ONSHORE AND OFFSHORE OIL AND NAT-6 URAL GAS LEASING. 7 (a) O NSHORELEASESALES.— 8 VerDate Sep 11 2014 22:35 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S460.IS S460 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 460 IS (1) ANNUAL LEASE SALES .—Notwithstanding 1 any other provision of law, in accordance with the 2 Mineral Leasing Act (30 U.S.C. 181 et seq.), begin-3 ning in fiscal year 2025, the Secretary of the Inte-4 rior (referred to in this section as the ‘‘Secretary’’) 5 shall conduct a minimum of 4 oil and natural gas 6 lease sales annually in each of the following States: 7 (A) Wyoming. 8 (B) New Mexico. 9 (C) Colorado. 10 (D) Utah. 11 (E) Montana. 12 (F) North Dakota. 13 (G) Oklahoma. 14 (H) Nevada. 15 (I) Any other State in which there is land 16 available for oil and natural gas leasing under 17 that Act. 18 (2) R EQUIREMENT.—In conducting a lease sale 19 under paragraph (1) in a State described in that 20 paragraph, the Secretary shall offer all parcels eligi-21 ble for oil and gas development under the resource 22 management plan in effect for the State. 23 (3) R EPLACEMENT SALES .—If, for any reason, 24 a lease sale under paragraph (1) for a calendar year 25 VerDate Sep 11 2014 22:35 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S460.IS S460 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 460 IS is canceled, delayed, or deferred, including for a lack 1 of eligible parcels, the Secretary shall conduct a re-2 placement sale during the same calendar year. 3 (b) O FFSHORELEASESALES.— 4 (1) G ULF OF MEXICO REGION ANNUAL LEASE 5 SALES.— 6 (A) I N GENERAL.—Notwithstanding any 7 other provision of law, beginning in fiscal year 8 2026, the Secretary shall conduct a minimum 9 of 2 region-wide oil and natural gas lease sales 10 annually in the Gulf of Mexico Region of the 11 outer Continental Shelf, which shall— 12 (i) offer the same lease form, lease 13 terms, economic conditions, and stipula-14 tions as contained in the final notice of 15 sale entitled ‘‘Gulf of Mexico Outer Conti-16 nental Shelf Oil and Gas Lease Sale 261’’ 17 (88 Fed. Reg. 80750 (November 20, 18 2023)); and 19 (ii) include— 20 (I) the Central Gulf of Mexico 21 Planning Area, as described in the 22 2017–2022 Outer Continental Shelf 23 Oil and Gas Leasing Proposed Final 24 Program (November 2016); and 25 VerDate Sep 11 2014 22:35 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S460.IS S460 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 460 IS (II) the Western Gulf of Mexico 1 Planning Area, as described in the 2 2017–2022 Outer Continental Shelf 3 Oil and Gas Leasing Proposed Final 4 Program (November 2016). 5 (B) T IMING.—In conducting the offshore 6 lease sales under subparagraph (A), the Sec-7 retary shall conduct a lease sale under that sub-8 paragraph not later than each of the following 9 dates: 10 (i) March 31, 2026. 11 (ii) August 31, 2026. 12 (iii) March 31, 2027. 13 (iv) August 31, 2027. 14 (v) March 31, 2028. 15 (vi) August 31, 2028. 16 (vii) March 31, 2029. 17 (viii) August 31, 2029. 18 (ix) March 31, 2030. 19 (x) August 31, 2030. 20 (xi) March 31, 2031. 21 (xii) August 31, 2031. 22 (xiii) March 31, 2032. 23 (xiv) August 31, 2032. 24 (xv) March 31, 2033. 25 VerDate Sep 11 2014 22:35 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S460.IS S460 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 460 IS (xvi) August 31, 2033. 1 (xvii) March 31, 2034. 2 (xviii) August 31, 2034. 3 (xix) March 31, 2035. 4 (xx) August 31, 2035. 5 (2) M ORATORIUM ON OIL AND GAS LEASING IN 6 THE EASTERN GULF OF MEXICO .—Section 104 of 7 the Gulf of Mexico Energy Security Act of 2006 (43 8 U.S.C. 1331 note; Public Law 109–432) is amend-9 ed— 10 (A) in subsection (a)— 11 (i) in the matter preceding paragraph 12 (1), by striking ‘‘June 30, 2022’’ and in-13 serting ‘‘December 31, 2035’’; 14 (ii) in paragraph (2), by striking ‘‘or’’ 15 after the semicolon; 16 (iii) in paragraph (3)(B)(iii), by strik-17 ing the period at the end and inserting a 18 semicolon; and 19 (iv) by adding at the end the fol-20 lowing: 21 ‘‘(4) any area in the South Atlantic Planning 22 Area (as designated by the Bureau of Ocean Energy 23 Management as of the date of enactment of this 24 paragraph); or 25 VerDate Sep 11 2014 22:35 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S460.IS S460 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 460 IS ‘‘(5) any area in the Straits of Florida Planning 1 Area (as designated by the Bureau of Ocean Energy 2 Management as of the date of enactment of this 3 paragraph).’’; and 4 (B) by adding at the end the following: 5 ‘‘(d) E FFECT ONCERTAINLEASES.—The moratoria 6 under subsection (a) shall not affect valid existing leases 7 in effect on the date of enactment of this subsection. 8 ‘‘(e) E NVIRONMENTAL EXCEPTIONS.—Notwith-9 standing subsection (a), the Secretary may issue leases in 10 areas described in that subsection for environmental con-11 servation purposes, including the purposes of shore protec-12 tion, beach nourishment and restoration, wetlands restora-13 tion, and habitat protection.’’. 14 (3) L EASE SALES IN ALASKA REGION .— 15 (A) I N GENERAL.—The Secretary of the 16 Interior shall conduct a minimum of 6 offshore 17 lease sales during the 10-year period beginning 18 on the date of enactment of this Act in the 19 Cook Inlet Planning Area as identified in the 20 2017–2022 Outer Continental Shelf Oil and 21 Gas Leasing Proposed Final Program published 22 on November 18, 2016, by the Bureau of Ocean 23 Energy Management (as announced in the no-24 tice of availability of the Bureau of Ocean En-25 VerDate Sep 11 2014 22:35 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S460.IS S460 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 460 IS ergy Management entitled ‘‘Notice of Avail-1 ability of the 2017–2022 Outer Continental 2 Shelf Oil and Gas Leasing Proposed Final Pro-3 gram’’ (81 Fed. Reg. 84612 (November 23, 4 2016))). 5 (B) R EQUIREMENTS.— 6 (i) A REA OFFERED FOR LEASE .—The 7 Secretary of the Interior shall offer not 8 fewer than 1,000,000 acres for each off-9 shore lease sale conducted under subpara-10 graph (A). 11 (ii) I SSUANCE OF LEASES.—If any ac-12 ceptable bids have been received for any 13 tract offered in a lease sale conducted 14 under subparagraph (A), the Secretary of 15 the Interior shall issue the lease not later 16 than 90 days after the lease sale to the 17 highest bid on the tract offered. 18 (iii) R OYALTY RATE.—The royalty 19 rate for each lease issued pursuant to a 20 lease sale conducted under subparagraph 21 (A) shall be 12.5 percent. 22 (4) O UTER CONTINENTAL SHELF OIL AND GAS 23 LEASING PROGRAM.—Section 18 of the Outer Conti-24 VerDate Sep 11 2014 22:35 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S460.IS S460 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 460 IS nental Shelf Lands Act (43 U.S.C. 1344) is amend-1 ed— 2 (A) in subsection (a), in the first sentence 3 of the matter preceding paragraph (1), by strik-4 ing ‘‘subsections (c) and (d) of this section’’ 5 and inserting ‘‘subsections (c) through (f)’’; 6 (B) by redesignating subsections (f) 7 through (i) as subsections (g) through (j), re-8 spectively; 9 (C) by inserting after subsection (e) the 10 following: 11 ‘‘(f) S UBSEQUENTLEASINGPROGRAMS.— 12 ‘‘(1) I N GENERAL.—Not later than 36 months 13 after conducting the first lease sale under an oil and 14 gas leasing program prepared pursuant to this sec-15 tion, the Secretary shall begin preparing the subse-16 quent oil and gas leasing program under this sec-17 tion. 18 ‘‘(2) R EQUIREMENT.—Each subsequent oil and 19 gas leasing program under this section shall be ap-20 proved not later than 180 days before the expiration 21 of the previous oil and gas leasing program.’’; and 22 (D) by indenting subsection (j) (as so re-23 designated) appropriately. 24 (c) P ROHIBITION.— 25 VerDate Sep 11 2014 22:35 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S460.IS S460 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 460 IS (1) IN GENERAL.—The President shall not, 1 through Executive order or any other administrative 2 procedure, unreasonably pause, cancel, delay, defer, 3 or otherwise impede or circumvent the Federal en-4 ergy mineral leasing processes under the Mineral 5 Leasing Act (30 U.S.C. 181 et seq.), the Outer Con-6 tinental Shelf Lands Act (43 U.S.C. 1331 et seq.), 7 the Naval Petroleum Reserves Production Act of 8 1976 (42 U.S.C. 6501 et seq.), or Public Law 115– 9 97 (commonly known as the ‘‘Tax Cuts and Jobs 10 Act of 2017’’), or a related rulemaking process re-11 quired by subchapter II of chapter 5, and chapter 7, 12 of title 5, United States Code (commonly known as 13 the ‘‘Administrative Procedure Act’’), without con-14 gressional approval. 15 (2) R EBUTTABLE PRESUMPTION .—There shall 16 be a rebuttable presumption that any attempt by the 17 President to pause, cancel, delay, defer, or otherwise 18 impede or circumvent any Federal energy mineral 19 leasing process under the Mineral Leasing Act (30 20 U.S.C. 181 et seq.), the Outer Continental Shelf 21 Lands Act (43 U.S.C. 1331 et seq.), the Naval Pe-22 troleum Reserves Production Act of 1976 (42 U.S.C. 23 6501 et seq.), or Public Law 115–97 (commonly 24 known as the ‘‘Tax Cuts and Jobs Act of 2017’’), 25 VerDate Sep 11 2014 22:35 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S460.IS S460 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •S 460 IS or a related rulemaking process required by sub-1 chapter II of chapter 5, and chapter 7, of title 5, 2 United States Code (commonly known as the ‘‘Ad-3 ministrative Procedure Act’’), without congressional 4 approval, is a violation of the applicable law. 5 Æ VerDate Sep 11 2014 22:35 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S460.IS S460 kjohnson on DSK7ZCZBW3PROD with $$_JOB