Supporting Made in America Energy Act
- Sponsor
- Sen. Daines, Steve [R-MT]
- Committees
- Energy and Natural Resources Committee (primary)
- Last action
- Feb 6, 2025
Bottom line
This bill aims to significantly increase and regularize domestic oil and natural gas production by mandating frequent lease sales and severely limiting executive discretion over federal leasing processes.
What it actually does
This bill mandates specific numbers of onshore and offshore oil and natural gas lease sales annually in various regions of the United States. It extends an existing moratorium on leasing in the Eastern Gulf of Mexico while expanding it to new areas, and explicitly prohibits the President from unilaterally pausing or delaying Federal energy mineral leasing processes without congressional approval.
Proponents argue
Supporters argue the bill will enhance national energy security, reduce reliance on foreign energy sources, create jobs, and lower energy costs for consumers by ensuring a consistent and predictable supply of domestic oil and natural gas from federal lands and waters.
Opponents contend
Opponents contend that mandating increased fossil fuel lease sales could exacerbate climate change, harm sensitive ecosystems, and undermine the administration's ability to manage public lands and waters responsibly for environmental protection and other public uses.
The bill is concise and can be read quickly, allowing ample time for stakeholders to understand its direct provisions and implications.
Section 2(a)(1)
Annual Onshore Oil and Natural Gas Lease Sales
This provision requires the Secretary of the Interior to conduct a minimum of four oil and natural gas lease sales annually in specific states, including Wyoming, New Mexico, Colorado, Utah, Montana, North Dakota, Oklahoma, Nevada, and any other state with available land under the Mineral Leasing Act. It also mandates that all parcels eligible for oil and gas development under existing resource management plans must be offered.
Supporters argue
Supporters argue this provision ensures a stable supply of domestic energy, supports local economies through job creation and revenue generation, and provides predictability for the energy industry's long-term planning.
Critics contend
Critics contend this provision overrides environmental considerations and local land use planning, potentially leading to increased greenhouse gas emissions, habitat destruction, and conflicts with other public land uses.
Tradeoffs
This provision balances the goals of energy security and economic development through fossil fuel extraction against environmental protection and climate change mitigation objectives.
Section 2(a)(3)
Mandate for Replacement Onshore Lease Sales
This clause stipulates that if, for any reason, an annual onshore lease sale is canceled, delayed, or deferred, including due to a lack of eligible parcels, the Secretary of the Interior must conduct a replacement sale during the same calendar year.
Section 2(b)(1)
Annual Offshore Lease Sales in Gulf of Mexico
Beginning in fiscal year 2026 and continuing through fiscal year 2035, the Secretary is required to conduct a minimum of two region-wide oil and natural gas lease sales annually in the Gulf of Mexico Region of the Outer Continental Shelf. These sales must offer specific lease terms and include both the Central and Western Gulf of Mexico Planning Areas.
Section 2(b)(2)
Extension and Expansion of Eastern Gulf of Mexico Moratorium
This section amends existing law to extend the moratorium on oil and gas leasing in certain areas of the Eastern Gulf of Mexico from June 30, 2022, to December 31, 2035. It also expands this moratorium to include the South Atlantic Planning Area and the Straits of Florida Planning Area, while explicitly stating that valid existing leases are unaffected and allowing for environmental conservation exceptions.
Section 2(b)(3)
Offshore Lease Sales in Cook Inlet, Alaska
This provision requires the Secretary of the Interior to conduct a minimum of six offshore lease sales in the Cook Inlet Planning Area, Alaska, over a 10-year period starting from the bill's enactment. Each sale must offer at least 1,000,000 acres, and leases for acceptable bids must be issued within 90 days at a royalty rate of 12.5 percent.
Section 2(b)(4)
Timelines for Subsequent Offshore Leasing Programs
This section amends the Outer Continental Shelf Lands Act to establish stricter timelines for the development of future offshore oil and gas leasing programs. It requires the Secretary to begin preparing a subsequent program within 36 months of the first lease sale under a current program and to approve each new program at least 180 days before the expiration of the previous one.
Section 2(c)
Prohibition on Executive Impediments to Federal Energy Leasing
This section explicitly prohibits the President from unreasonably pausing, canceling, delaying, or otherwise impeding Federal energy mineral leasing processes (including onshore and offshore) through executive order or any other administrative procedure without congressional approval. It further establishes a rebuttable presumption that such executive actions, without congressional approval, constitute a violation of applicable law.
Establishes a rebuttable presumption that any attempt by the President to pause, cancel, delay, defer, or otherwise impede Federal energy mineral leasing processes without congressional approval is a violation of applicable law.
Section 2(c)(2)
Why it matters:This is a standard legislative drafting technique used to strengthen the enforceability of the preceding prohibition, rather than an attempt to conceal the provision's intent or effect.
Case for: Proponents argue this strengthens the bill's intent by providing a clear legal framework to challenge executive actions that circumvent the mandated leasing processes, ensuring accountability and adherence to congressional directives.
Case against: Opponents might argue this provision could lead to increased litigation against executive actions, further entangling energy policy in legal battles and potentially overstepping the legislative branch's role by pre-judging executive intent.
Estimated impact: Potentially significant, as it shifts the burden of proof in legal challenges against executive actions related to federal energy leasing, making it easier for plaintiffs to prevail.