crs_reports: R48901
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| id | title | publish_date | update_date | status | content_type | authors | topics | summary | pdf_url | html_url |
|---|---|---|---|---|---|---|---|---|---|---|
| R48901 | Offshore Oil and Gas Development: Legal Framework | 2026-04-06T04:00:00Z | 2026-04-11T05:07:59Z | Active | Reports | Adam Vann | The development of offshore oil, gas, and other mineral resources in the United States is affected by a number of interrelated legal regimes, including international, federal, and state laws. International law provides a framework for establishing national ownership or control of offshore areas, and domestic federal law mirrors and supplements these standards. Governance of offshore minerals and regulation of development activities are bifurcated between state and federal law. Generally, states have primary authority in the area extending three geographical miles from their coasts. The federal government and its comprehensive regulatory regime govern minerals located under federal waters, which extend from the states’ offshore boundaries to at least 200 nautical miles from the shore. The basis for most federal regulation is the Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. §§ 1331-1356c), which provides a system for offshore oil and gas exploration, leasing, and ultimate development. The OCSLA requires the U.S. Department of the Interior (DOI) to manage offshore energy development in accordance with regularly generated “Five Year Programs” generated by the agency in conjunction with other public and private stakeholders. The Programs are administered by the Bureau of Ocean Energy Management (BOEM), an agency within DOI that manages offshore leasehold auctions and promulgates regulations governing all aspects of the offshore oil and gas exploration and production process. Regulations run the gamut from health, safety, resource conservation, and environmental standards to requirements for production-based royalties and, in some cases, royalty relief and other development incentives. The collection and disbursement of royalties from offshore energy production continues to be a subject of interest to Congress. A number of federal and state statutory and regulatory programs also affect offshore oil and gas exploration and production both directly and indirectly. Federal actions taken during the leasing and production process must comply with the requirements of the National Environmental Policy Act (NEPA) (42 U.S.C. §§ 4321-4370m-12). The leasing process and the offshore operations undertaken by the lessor must also comply with both regulations adopted by BOEM pursuant to the OCSLA and with broadly applicable statutes and regulations. These include environmental and species protection measures, as well as the procedural obligations mandated by the Administrative Procedure Act (APA) (5 U.S.C. §§ 551-559, 701-706). The five-year program for offshore leasing for 2024–2029 adopted by BOEM scheduled three lease sales in the Gulf of Mexico (later renamed Gulf of America). However, the Trump Administration has initiated proceedings to develop a new five-year program that would supersede the 2024–2029 Program. Congress is also free to alter the scope of offshore oil and gas exploration and production contemplated by the Five-Year Programs via new legislation. | https://www.congress.gov/crs_external_products/R/PDF/R48901/R48901.1.pdf | https://www.congress.gov/crs_external_products/R/HTML/R48901.html |
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