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

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/crs%3AR44692

## Record

- **Collection:** Congressional research report
- **Document type:** Reports
- **Published:** July 29, 2026
- **Citation:** R44692

## Text

Five-Year Offshore Oil and Gas Leasing
Program: Status and Issues in Brief
Updated July 29, 2026

Congressional Research Service
https://crsreports.congress.gov
R44692

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

Contents
Leasing Program Status ................................................................................................................... 1
Change to Framework for Environmental Analysis .................................................................. 3
P.L. 119-21: Lease Sales Outside the Five-Year Program ......................................................... 4
Selected Issues for Congress ........................................................................................................... 4
Issues Related to the 2024-2029 Program ................................................................................. 4
Regional Leasing Proposals in the 2026-2031 DPP.................................................................. 6
Gulf of America Region ...................................................................................................... 6
Alaska Region ..................................................................................................................... 8
Pacific Region ................................................................................................................... 10
Atlantic Region ................................................................................................................. 10
Role of Congress and Legislation................................................................................................... 11

Figures
Figure 1. Proposed Lease Areas in BOEM’s 2026-2031 Draft Proposed Program, Lower
48 States ....................................................................................................................................... 2
Figure 2. Proposed Lease Areas in BOEM’s 2026-2031 Draft Proposed Program, Alaska
Region .......................................................................................................................................... 3

Contacts
Author Information........................................................................................................................ 12

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

U

nder 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 as national programs or five-year programs—to schedule proposed oil and gas lease
sales on the U.S. outer continental shelf (OCS). DOI has exercised this responsibility through its
Bureau of Ocean Energy Management (BOEM). As of July 2026, DOI is merging BOEM and a
sister agency, the Bureau of Safety and Environmental Enforcement, into a new DOI agency to be
called the Marine Minerals Administration.2 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.3 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.4
Congress 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.5 The DPP, also titled the “1st Analysis and
Proposal,” would replace some years of the 2024-2029 leasing schedule developed by the Biden
Administration. A comment period closed on January 23, 2026. BOEM had earlier published a
request for information and comments (RFI) for the new program.6

1 Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. §§1331-1356b; see especially §1344.
2 DOI Secretary’s Order 3451, “Establishment of the Marine Minerals Administration,” July 10, 2026, https://www.doi.

gov/document-library/secretary-order/so-3451-establishment-marine-minerals-administration. Prior to the 2011
establishment of the Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental
Enforcement, these agencies and a third entity, DOI’s Office of Natural Resources Revenue, were joined as the
Minerals Management Service.
3 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, 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.
4 Department of the Interior (DOI), “Interior Announces Eleventh National Outer Continental Shelf Oil and Gas
Leasing Program,” press release, April 18, 2025, https://www.doi.gov/pressreleases/interior-announces-eleventhnational-outer-continental-shelf-oil-and-gas-leasing; hereinafter referred to as DOI press release, April 18, 2025.
5 BOEM, “Notice of Availability of the 11 th National Outer Continental Shelf Oil and Gas Leasing Draft Proposed
Program: 1st Analysis and Proposal,” 90 Federal Register 52996, November 24, 2025; and BOEM, 11th National Outer
Continental Shelf Oil and Gas Leasing Draft Proposed Program: 1st Analysis and Proposal, November 2025,
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.
6 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.”
Congressional Research Service

1

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

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.7 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.8 On January 27, 2026, BOEM published two calls for information and
nominations for the proposed Pacific lease sales.9
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,”
https://www.boem.gov/oil-gas-energy/national-program/national-ocs-oil-and-gas-leasing-program.

7 BOEM, 2026-2031 DPP, pp. 5-6; and P.L. 119-21, Section 50102(a).
8 2024-2029 ROD.
9 BOEM, “Call for Information and Nominations for Central California Outer Continental Shelf Oil and Gas Lease

Sales Proposed in the 11th National Outer Continental Shelf Oil and Gas Leasing Program,” 91 Federal Register 3534,
January 27, 2026; BOEM, “Call for Information and Nominations for Southern California Outer Continental Shelf Oil
and Gas Lease Sales Proposed in the 11th National Outer Continental Shelf Oil and Gas Leasing Program,” 91 Federal
Register 3537, January 27, 2026.
Congressional Research Service

2

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

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,”
https://www.boem.gov/oil-gas-energy/national-program/national-ocs-oil-and-gas-leasing-program.

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, and DOI’s projected
development period for the proposed 2026-2031 program is shorter). During program
preparation, successive drafts of the program are published for review and comment.10 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.

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).11 For the upcoming program, however, BOEM’s RFI stated
10 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.
11 National Environmental Policy Act (NEPA), 42 U.S.C. §4321. For more information, see CRS In Focus IF12417,
(continued...)
Congressional Research Service

3

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

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.”12 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 for the five-year program 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.13 In February 2026, BOEM published a notice of intent to prepare an area-specific PEIS for
the DPP’s proposed lease sales in the Pacific region.14

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.15 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. 119-21.16 BOEM held the first and second Gulf of America
lease sales under P.L. 119-21, known as Lease Sales BBG1 and BBG2, on December 10, 2025,
and March 11, 2026, respectively.17 BOEM initiated the first Cook Inlet lease sale under the act,
Lease Sale BBC1, on February 2, 2026, but did not receive any bids, and closed the sale on
March 4, 2026.18

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.19 Congress addressed Gulf lease sales in P.L. 119-21, which
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.
12 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).
13
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 projectspecific impacts. See CRS In Focus IF12560, National Environmental Policy Act: An Overview, by Kristen Hite.
14 BOEM, “Notice of Intent to Prepare a Programmatic Environmental Impact Statement for Proposed Oil and Gas
Lease Sales in the Northern, Central, and Southern California Program Areas,” 91 Federal Register 9881, February 27,
2026.
15 The Cook Inlet sales include one required sale in each of 2026, 2027, 2028, 2030, 2031, and 2032 (but not 2029).
16 BOEM, 2026-2031 DPP, p. 3.
17 For sale results, see BOEM, “Lease Sales,” https://www.boem.gov/oil-gas-energy/lease-sales.
18 BOEM, “Big Beautiful Cook Inlet (BBC1) Oil and Gas Lease Sale,” https://www.boem.gov/oil-gas-energy/nationalprogram/big-beautiful-cook-inlet-bbc1-oil-and-gas-lease-sale.
19 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.
Congressional Research Service

4

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

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.20 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).21 Stakeholders have disagreed about whether the
OCSLA’s provisions at 43 U.S.C. §1344(a) would permit a zero-lease program.22
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.23 By contrast, after BOEM’s 2017-2022 leasing program expired, the
federal government experienced a gap between oil and gas leasing programs.24 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.”25
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.26 Some bills introduced in
the 119th Congress would explicitly prohibit a future gap between five-year programs.27 These

20 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, https://naturalresources.house.gov/calendar/
eventsingle.aspx?EventID=414951; hereinafter referred to as House Natural Resources Committee October 2023
oversight hearing.
21 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 20242029 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.
22 The question has not been tested in the courts, given that no program has been finalized without any scheduled sales.
23 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,” 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.
24 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 20172022 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,” https://www.boem.gov/oil-gas-energy/lease-sales.
25 43 U.S.C. §1344(a).
26 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, 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, https://www.eenews.net/articles/biden-faces-legal-fight-over-delayed-offshore-leasing-plan/.
27 See the “Role of Congress” section for further discussion.
Congressional Research Service

5

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

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.28 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 for the Cook Inlet
planning area of the Alaska region. The 2026-2031 DPP proposes further sales for the Gulf region
and Cook Inlet, along with 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.29 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.30
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.31 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.”32 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.”33

28 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.
29 The Gulf accounts for more than 99% of U.S. offshore oil and gas production. BOEM, 2026-2031 DPP, p. 3-18.
30 BOEM, “Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation’s Outer
Continental Shelf,” 2021, 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, https://www.boem.gov/factsheet/2025-estimated-oil-and-gas-reserves-report-gulf-america-ocsregion).
31 BOEM, 2026-2031 DPP, pp. 5-6.
32 BOEM, 2026-2031 DPP, p. 15.
33 BOEM, 2024-2029 National Outer Continental Shelf Oil and Gas Leasing: Proposed Final Program, September
(continued...)
Congressional Research Service

6

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

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.34 This area is not part of the Gulf leasing required by P.L. 11921. Most of the area has not previously been leased, and no commercial production has occurred
there to date.35 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.36 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).37 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.38
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 2032.39 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
2023, p. 6, https://www.boem.gov/sites/default/files/documents/oil-gas-energy/leasing/20242029_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 21).
34 BOEM, 2026-2031 DPP, pp. 5-6.
35 BOEM, 2026-2031 DPP, pp. 3-18 to 3-20.
36 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.
37 President Donald Trump, “Memorandum on Withdrawal of Certain Areas of the United States Outer Continental
Shelf from Leasing Disposition,” September 8, 2020, 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.
38 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.
39 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.
Congressional Research Service

7

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

informed decisions on what areas should be made available for leasing.”40 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.41

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.42 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 three Cook Inlet lease sales in the past decade
(in 2017, 2022, and 2026), and five additional sales are required for this area through 2032 under
P.L. 119-21. The 2026 Cook Inlet lease sale drew no bids.43 The 2024-2029 program prepared by
the Biden Administration had 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.”44
Five of the proposed sales in the 2026-2031 DPP 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.45 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.46 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.47 Also in January 2025, President Trump issued E.O. 14153, “Unleashing Alaska’s
40 BOEM, 2026-2031 DPP, p. 13.
41 For 119th Congress legislation, see the section on “Role of Congress and Legislation.”
42 BOEM, 2026-2031 DPP, pp. 5-6.
43 BOEM, “Big Beautiful Cook Inlet (BBC1) Oil and Gas Lease Sale,” https://www.boem.gov/oil-gas-energy/national-

program/big-beautiful-cook-inlet-bbc1-oil-and-gas-lease-sale.
44 2024-2029 PFP, p. 7.
45 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.”
46 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.
47 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
(continued...)
Congressional Research Service

8

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

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).48
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.49 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.50
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.51 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.52
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.53
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.54

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).
48 E.O. 14153, January 20, 2025.
49 BOEM, 2021 UTRR map.
50 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,
https://www.govinfo.gov/content/pkg/DCPD-201400934/pdf/DCPD-201400934.pdf.
51 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.
52 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.”
53 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.”
54 BOEM, 2026-2031 DPP, p. A-4.
Congressional Research Service

9

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

Pacific Region
The 2026-2031 DPP proposes six lease sales for the Pacific region, all of them in planning areas
off of California.55 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.56 As in
the Atlantic region, the Pacific region was subject to congressional and presidential leasing
moratoria for parts of the past 40 years.57 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.58
(Administratively, the Pacific region also includes Hawaii and the Pacific U.S. territories, but
they are not part of the oil and gas leasing program because they are not known to have
hydrocarbon resources.)
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.59 Members concerned about environmental damage from oil and gas activities
in the region have introduced bills to permanently prohibit Pacific oil and gas leasing.60

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.61 These changes meant that lease sales could potentially be conducted for the Atlantic.
However, no Atlantic lease sale took place in the subsequent years.62 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.63 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.64
55 BOEM, 2026-2031 DPP, pp. 5-6.
56 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.
57 Different portions of the Pacific region were subject to different restrictions during this period.
58
See, for example, BOEM, 2026-2031 DPP, Appendix A.
59 See, for example, H.R. 1487 and S. 791 in the 114th Cong.
60 See examples in the “Role of Congress” section.
61 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).
62 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,” https://www.boem.gov/Oil-and-Gas-Energy-Program/Leasing/Regional-Leasing/Gulf-ofMexico-Region/Lease-Sales/220/Virginia-Lease-Sale-220-Information.aspx.
63 BOEM, 2026-2031 DPP, Appendix A.
64 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, https://trumpwhitehouse.archives.gov/presidential-actions/presidentialdetermination-withdrawal-certain-areas-united-states-outer-continental-shelf-leasing-disposition/.
Congressional Research Service

10

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

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.65 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.66

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.67 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.68
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. 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, H.R. 9358, 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.

65 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,
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,
https://www.boem.gov/NP-Draft-Proposed-Program-2019-2024/.
66 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.
67 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.
68 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, https://www.energy.senate.gov/hearings/2023/10/
full-committee-hearing-to-examine-federal-offshore-energy-strategy-and-policies.
Congressional Research Service

11

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

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.

Author Information
Laura B. Comay
Specialist in Natural Resources Policy

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.

Congressional Research Service

R44692 · VERSION 48 · UPDATED

12

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3AR44692. Public record. Not legal advice.