II 

114TH CONGRESS 

1ST SESSION S. 1276 

To amend the Gulf of Mexico Energy Security Act of 2006 to increase 

energy exploration and production on the outer Continental Shelf in 

the Gulf of Mexico, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2015 

Mr. CASSIDY (for himself, Mr. VITTER, Mr. WICKER, Mr. CORNYN, and Mr. 

COCHRAN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Gulf of Mexico Energy Security Act of 2006 

to increase energy exploration and production on the 

outer Continental Shelf in the Gulf of Mexico, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Offshore Energy and 

5 Jobs Act of 2015’’. 


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1 SEC. 2. OUTER CONTINENTAL SHELF LEASING PROGRAM 

2 REFORMS. 

3 Section 18(a) of the Outer Continental Shelf Lands 

4 Act (43 U.S.C. 1344(a)) is amended by adding at the end 

5 the following: 

6 ‘‘(5)(A) In this paragraph, the term ‘available 

7 unleased acreage’ means that portion of the outer 

8 Continental Shelf that is not under lease at the time 

9 of a proposed lease sale, and that has not otherwise 

10 been made unavailable for leasing by law in the Gulf 

11 of Mexico. 

12 ‘‘(B) In each oil and gas leasing program under 

13 this section, the Secretary shall make available for 

14 leasing, and conduct lease sales including, at least 

15 50 percent of the available unleased acreage within 

16 each outer Continental Shelf planning area in the 

17 Gulf of Mexico considered to have the largest undis18 covered, technically recoverable oil and gas resources 

19 (on a total btu basis) based on the most recent na20 tional geologic assessment of the outer Continental 

21 Shelf, with an emphasis on offering the most geo22 logically prospective parts of the planning area. 

23 ‘‘(6)(A) The Secretary shall include in each 

24 proposed oil and gas leasing program under this sec25 tion any State subdivision of an outer Continental 

26 Shelf planning area in the Gulf of Mexico that the 


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1 Governor of the State that represents that subdivi2 sion requests be made available for leasing. 

3 ‘‘(B) The Secretary may not remove a subdivi4 sion described in subparagraph (A) from the pro5 gram until publication of the final program. 

6 ‘‘(7)(A) The Secretary shall make available for 

7 leasing under each 5-year oil and gas leasing pro8 gram under this section any outer Continental Shelf 

9 planning area in the Gulf of Mexico that— 

10 ‘‘(i) is estimated to contain more than 

11 2,500,000,000 barrels of oil; or 

12 ‘‘(ii) is estimated to contain more than 

13 7,500,000,000,000 cubic feet of natural gas. 

14 ‘‘(B) To determine which planning areas meet 

15 the criteria described in subparagraph (A), the Sec16 retary shall use the document entitled ‘Bureau of 

17 Ocean Energy Management Assessment of Undis18 covered Technically Recoverable Oil and Gas Re19 sources of the Nation’s Outer Continental Shelf, 

20 2011’.’’. 

21 SEC. 3. MORATORIUM ON OIL AND GAS LEASING IN CER22 TAIN AREAS OF THE GULF OF MEXICO. 

23 (a) DEFINITION OF MILITARY MISSION LINE.—Sec24 tion 102 of the Gulf of Mexico Energy Security Act of 

25 2006 (43 U.S.C. 1331 note; Public Law 109–432) is 


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1 amended by striking paragraph (8) and inserting the fol2 lowing: 

3 ‘‘(8) MILITARY MISSION LINE.—The term ‘Mili4 tary Mission Line’ means the western border of the 

5 Eastern Planning Area extending from the State of 

6 Florida waters to the point that is 50 miles south 

7 in the Gulf of Mexico.’’. 

8 (b) MORATORIUM.—Section 104(a) of the Gulf of 

9 Mexico Energy Security Act of 2006 (43 U.S.C. 1331 

10 note; Public Law 109–432) is amended— 

11 (1) in paragraph (2), by striking ‘‘125’’ and in12 serting ‘‘50’’; and 

13 (2) by striking paragraph (3) and inserting the 

14 following: 

15 ‘‘(3) any area in the Central Planning Area 

16 that is within— 

17 ‘‘(A) the 181 Area; or 

18 ‘‘(B) 50 miles off the coastline of the State 

19 of Florida.’’. 

20 SEC. 4. REQUIREMENT TO IMPLEMENT PROPOSED 2017– 

21 2022 OIL AND GAS LEASING PROGRAM. 

22 (a) IN GENERAL.—Except as otherwise provided in 

23 this Act and the amendments made by this Act, the Sec24 retary of the Interior shall implement the Proposed Final 

25 Outer Continental Shelf Oil & Gas Leasing Program 


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1 (2017–2022) in accordance with the schedule for con2 ducting oil and gas lease sales set forth in that proposed 

3 program, the Outer Continental Shelf Lands Act (43 

4 U.S.C. 1331 et seq.), and other applicable law. 

5 (b) MODIFIED AND ADDITIONAL LEASE SALES.— 

6 Notwithstanding subsection (a) and the schedule of lease 

7 sales in the Proposed Final Outer Continental Shelf Oil 

8 & Gas Leasing Program (2017–2022), the Secretary shall 

9 conduct under the Outer Continental Shelf Lands Act (43 

10 U.S.C. 1331 et seq.) certain oil and gas lease sales in OCS 

11 Planning Areas in accordance with the schedule set forth 

12 in following table: 

Lease Sale No. OCS Planning Area Year 

300 ............................................ Eastern Gulf of Mexico ............... 2018 

301 ............................................ Eastern Gulf of Mexico ............... 2019 

302 ............................................ Eastern Gulf of Mexico ............... 2020. 

13 (c) LEASE SALES DESCRIBED.—For purposes of sub14 section (b), lease sale numbers 300, 301, and 302 shall 

15 be conducted— 

16 (1) for lease tracts in the Eastern Planning 

17 Area, as determined by and at the discretion of the 

18 Secretary, subject to subparagraph (3); 

19 (2) during the year specified for each such lease 

20 sale in the table contained in subsection (b); and 

21 (3) in accordance with the applicable provisions 

22 of this Act. 


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1 SEC. 5. DISPOSITION OF OUTER CONTINENTAL SHELF REV2 ENUES TO GULF PRODUCING STATES. 

3 (a) DEFINITIONS.—Section 102 of the Gulf of Mexico 

4 Energy Security Act of 2006 (43 U.S.C. 1331 note; Public 

5 Law 109–432) is amended— 

6 (1) by striking paragraph (7) and inserting the 

7 following: 

8 ‘‘(7) GULF PRODUCING STATE.—The term ‘Gulf 

9 producing State’ means— 

10 ‘‘(A) each of the States of Alabama, Lou11 isiana, Mississippi, and Texas; and 

12 ‘‘(B) effective beginning in fiscal year 

13 2017, the State of Florida.’’; and 

14 (2) in paragraph (9)(A)— 

15 (A) in clause (i)(II), by striking ‘‘and’’ at 

16 the end; and 

17 (B) by striking clause (ii) and inserting the 

18 following: 

19 ‘‘(ii) with respect to the Gulf pro20 ducing States described in paragraph 

21 (7)(A), in the case of fiscal year 2017 and 

22 each fiscal year thereafter, all rentals, roy23 alties, bonus bids, and other sums due and 

24 payable to the United States received on or 

25 after October 1, 2016, from leases entered 

26 into on or after December 20, 2006; and 


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1 ‘‘(iii) with respect to the State of 

2 Florida, all eligible rentals, royalties, bonus 

3 bids, and other sums due and payable to 

4 the United States from leases entered into 

5 in the Eastern Planning Area on or after 

6 October 1, 2016.’’. 

7 (b) DISPOSITION OF REVENUES.—Section 105(a) of 

8 the Gulf of Mexico Energy Security Act of 2006 (43 

9 U.S.C. 1331 note; Public Law 109–432) is amended by 

10 striking paragraph (2) and inserting the following: 

11 ‘‘(2) in the case of qualified outer Continental 

12 Shelf revenues generated from outer Continental 

13 Shelf areas adjacent to Gulf producing States, 50 

14 percent in a special account in the Treasury from 

15 which the Secretary shall disburse— 

16 ‘‘(A) 75 percent to Gulf producing States 

17 in accordance with subsection (b); and 

18 ‘‘(B) 25 percent to provide financial assist19 ance to States in accordance with section 

20 200305 of title 54, United States Code, which 

21 shall be considered income to the Land and 

22 Water Conservation Fund for purposes of sec23 tion 200302 of that title.’’. 

24 (c) LIMITATION ON AMOUNT OF DISTRIBUTED

25 QUALIFIED OUTER CONTINENTAL SHELF REVENUES.— 


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1 Section 105(f) of the Gulf of Mexico Energy Security Act 

2 of 2006 (43 U.S.C. 1331 note; Public Law 109–432) is 

3 amended by striking paragraph (1) and inserting the fol4 lowing: 

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

6 the total amount of qualified outer Continental Shelf 

7 revenues described in section 102(9)(A)(ii) that are 

8 made available under subsection (a)(2)(A) shall not 

9 exceed— 

10 ‘‘(A) for fiscal year 2017, $500,000,000; 

11 ‘‘(B) for each of fiscal years 2018 through 

12 2025, $699,000,000; and 

13 ‘‘(C) for each of fiscal years 2026 through 

14 2055, $999,000,000.’’. 

15 SEC. 6. NATIONAL DEFENSE. 

16 (a) NATIONAL DEFENSE AREAS.—Nothing in this 

17 Act or an amendment made by this Act affects the author18 ity of the Secretary of Defense, with the approval of the 

19 President, to designate national defense areas on the outer 

20 Continental Shelf pursuant to section 12(d) of the Outer 

21 Continental Shelf Lands Act (43 U.S.C. 1341(d)). 

22 (b) PROHIBITION ON CONFLICTS WITH MILITARY

23 OPERATIONS.—No person may engage in any exploration, 

24 development, or production of oil or natural gas on the 

25 outer Continental Shelf under a lease issued under this 


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1 Act that would conflict with any military operation, as de2 termined in accordance with— 

3 (1) the agreement entitled ‘‘Memorandum of 

4 Agreement between the Department of Defense and 

5 the Department of the Interior on Mutual Concerns 

6 on the Outer Continental Shelf’’ signed July 20, 

7 1983; and 

8 (2) any revision or replacement of that agree9 ment that is agreed to by the Secretary of Defense 

10 and the Secretary of the Interior after that date but 

11 before the date of issuance of the lease under which 

12 the exploration, development, or production is con13 ducted. 

14 SEC. 7. ENVIRONMENTAL IMPACT STATEMENT REQUIRE15 MENT. 

16 (a) IN GENERAL.—For purposes of this Act and in 

17 order to conduct lease sales in accordance with the lease 

18 sale schedule established by this Act, the Secretary of the 

19 Interior shall prepare a multisale environmental impact 

20 statement under section 102 of the National Environ21 mental Policy Act of 1969 (42 U.S.C. 4332) for all lease 

22 sales required under this Act that are not included in the 

23 Proposed Final Outer Continental Shelf Oil & Gas Leas24 ing Program (2017–2022). 


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1 (b) ACTIONS TO BE CONSIDERED.—Notwithstanding 

2 section 102 of the National Environmental Policy Act of 

3 1969 (42 U.S.C. 4332), with respect to the statement de4 scribed in subsection (a), the Secretary of the Interior— 

5 (1) shall not be required— 

6 (A) to identify nonleasing alternative 

7 courses of action; or 

8 (B) to analyze the environmental effects of 

9 any alternative courses of action; and 

10 (2) shall only be required— 

11 (A) to identify— 

12 (i) a preferred action for leasing; and 

13 (ii) not more than 1 alternative leas14 ing proposal; and 

15 (B) to analyze the environmental effects 

16 and potential mitigation measures for the pre17 ferred action and alternative leasing proposal 

18 identified under subparagraph (A). 

19 SEC. 8. COASTAL STATE AUTHORIZATION. 

20 Prior to publishing the programmatic environmental 

21 impact statement relating to any Proposed Final Outer 

22 Continental Shelf Oil and Gas Leasing Program, a Gulf 

23 producing State (as defined in section 102 of the Gulf of 

24 Mexico Energy Security Act of 2006 (43 U.S.C. 1331 

25 note; Public Law 109–432)), shall have the option to enter 


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1 into the offshore oil and gas leasing and development pro2 gram described in that Proposed Final Outer Continental 

3 Shelf Oil and Gas Leasing Program if— 

4 (1) the legislature of that Gulf producing State 

5 enacts a law approving entering into the program; 

6 and 

7 (2) that resolution is signed by the Governor of 

8 the Gulf producing State. 

9 SEC. 9. AIR EMISSIONS FROM OUTER CONTINENTAL SHELF 

10 ACTIVITIES. 

11 Section 328(b) of the Clean Air Act (42 U.S.C. 

12 7627(b)) is amended in the first sentence by inserting 

13 ‘‘Florida,’’ after ‘‘Mississippi,’’. 

14 SEC. 10. OFFSHORE CERTAINTY. 

15 (a) DEFINITIONS.—In this section: 

16 (1) DIRECTOR.—The term ‘‘Director’’ means 

17 the Director of the National Marine Fisheries Serv18 ice. 

19 (2) HARASSMENT.—The term ‘‘harassment’’ 

20 has the meaning given the term in section 3 of the 

21 Marine Mammal Protection Act of 1972 (16 U.S.C. 

22 1362). 

23 (3) REQUEST FOR INCIDENTAL HARASSMENT

24 AUTHORIZATION.—The term ‘‘request for incidental 

25 harassment authorization’’ means a request subVerDate Sep 11 2014 06:22 May 14, 2015 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1276.IS S1276

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1 mitted to the Director by an individual or entity 

2 subject to this Act (or an amendment made by this 

3 Act) to conduct an activity in accordance with this 

4 Act (or an amendment made by this Act), regardless 

5 of whether the activity may result in incidental har6 assment of a marine mammal or marine mammal 

7 stock in the wild. 

8 (b) REQUESTS FOR INCIDENTAL HARASSMENT AU9 THORIZATION.—The Director shall— 

10 (1) accept as complete a written request for in11 cidental harassment authorization by not later than 

12 45 days after the date of submission of the request 

13 for incidental harassment authorization; or 

14 (2) provide to the requester, by not later than 

15 15 days after the date of submission of the request 

16 for incidental harassment authorization, a written 

17 notice of any additional information required to com18 plete the request for incidental harassment author19 ization. 

20 (c) ACTION ON SUBMISSION OF ADDITIONAL INFOR21 MATION.—The Director shall— 

22 (1) accept as complete a request for incidental 

23 harassment authorization by not later than 30 days 

24 after the date of submission of any additional infor25 mation required under subsection (b)(2); or 


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1 (2) return the request for incidental harassment 

2 authorization to the requester, together with a writ3 ten explanation of the reasons for denial of the re4 quest for incidental harassment authorization. 

5 (d) FAILURE TO RESPOND.—If the Director fails to 

6 respond to a request for incidental harassment authoriza7 tion in accordance with an applicable deadline under sub8 section (b) or (c), the request for incidental harassment 

9 authorization shall be considered to be complete. 

10 (e) TREATMENT OF COMPLETE REQUESTS FOR INCI11 DENTAL HARASSMENT AUTHORIZATION.—The Director 

12 shall proceed with a request for incidental harassment au13 thorization that is accepted as, or considered to be, com14 plete under subsection (b)(1), (c)(1), or (d) in accordance 

15 with section 101(a) of the Marine Mammal Protection Act 

16 of 1972 (16 U.S.C. 1371(a)). 

17 SEC. 11. CONTINUOUS OPERATIONS RULE. 

18 The Secretary of the Interior shall amend the regula19 tion issued under section 250.180 of title 30, Code of Fed20 eral Regulations, so that any requirement in that regula21 tion for continuous operation is for a period of 270 days 

22 instead of 180 days. 

23 SEC. 12. EXPEDITED JUDICIAL REVIEW. 

24 (a) DEFINITION OF COVERED ENERGY DEVELOP25 MENT.—In this section, the term ‘‘covered energy developVerDate Sep 11 2014 06:22 May 14, 2015 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1276.IS S1276

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1 ment’’ means any action or decision by a Federal official 

2 regarding— 

3 (1) the leasing of offshore Federal land (includ4 ing submerged land) in the outer Continental Shelf 

5 for the exploration, development, production, proc6 essing, or transmission of oil, natural gas, or any 

7 other source or form of energy, including actions 

8 and decisions regarding the selection or offering of 

9 offshore Federal land in the outer Continental Shelf 

10 for such leasing; or 

11 (2) any action under a lease described in para12 graph (1), except that this section shall not apply to 

13 a dispute between the parties to a lease entered into 

14 under a provision of law authorizing the lease re15 garding obligations under the lease or the alleged 

16 breach of the lease. 

17 (b) EXCLUSIVE JURISDICTION OVER CAUSES AND

18 CLAIMS RELATING TO COVERED ENERGY DEVELOP19 MENT.—Notwithstanding any other provision of law, the 

20 United States District Court for the District of Columbia 

21 shall have exclusive jurisdiction to hear all causes and 

22 claims under this section or any other Federal law that 

23 arise from any covered energy development, except for any 

24 cause or claim arising under the jurisdiction of the United 


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1 States Court of Appeals for the Fifth Circuit, and brought 

2 in a United States court within that circuit. 

3 (c) TIME FOR FILING COMPLAINT.— 

4 (1) IN GENERAL.—Each case or claim described 

5 in subsection (b) shall be filed not later than the end 

6 of the 60-day period beginning on the date of the ac7 tion or decision by a Federal official on the covered 

8 energy development concerned. 

9 (2) PROHIBITION.—Any cause or claim de10 scribed in subsection (b) that is not filed within the 

11 time period described in paragraph (1) shall be 

12 barred. 

13 (d) DISTRICT COURT FOR DISTRICT OF COLUMBIA

14 DEADLINE.— 

15 (1) IN GENERAL.—Each proceeding that is sub16 ject to subsection (b) shall— 

17 (A) be resolved as expeditiously as prac18 ticable and in any event by not later than 180 

19 days after the date the cause or claim is filed; 

20 and 

21 (B) take precedence over all other pending 

22 matters before the District Court for the Dis23 trict of Columbia. 

24 (2) FAILURE TO COMPLY WITH DEADLINE.—If 

25 an interlocutory or final judgment, decree, or order 


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1 has not been issued by the District Court for the 

2 District of Columbia by the deadline described in 

3 paragraph (1), the cause or claim shall be dismissed 

4 with prejudice and all rights relating to the cause or 

5 claim shall be terminated. 

6 (e) ABILITY TO SEEK APPELLATE REVIEW.—An in7 terlocutory or final judgment, decree, or order of the Dis8 trict Court for the District of Columbia under this section 

9 may be reviewed by no other court except the Supreme 

10 Court. 

11 SEC. 13. GAO REPORT ON CUMULATIVE COST OF REGULA12 TION FOR OFFSHORE ENERGY PRODUCTION. 

13 The Comptroller General of the United States shall— 

14 (1) conduct more accurate estimates of the cost 

15 of complying with major Federal rules relating to 

16 offshore energy development and production activi17 ties on the outer Continental Shelf; and 

18 (2) submit to the appropriate committees of 

19 Congress a report describing the results of the esti20 mates calculated under paragraph (1). 

Æ 


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