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HomeMy WebLinkAbout030518_cabs02Wei FROM: DATE: 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST Board of County Commissioners Philip Morley, County Administrator Stuart Whitford, Environmental Public Health Director Tami Pokorny, Environmental Health Specialist II March 5, 2018 SUBJECT: Letter to BOEM on Draft Proposed Five -Year Outer Continental Shelf (OCS) Offshore Oil and Gas Leasing Program for 2019 through 2024 STATEMENT OF ISSUE: Environmental Public Health requests consideration of a letter to the Bureau of Ocean Energy Management (BOEM) on a draft proposed five-year offshore oil and gas leasing program for 2019 through 2024 as referenced in Federal Registry Volume 83, Number 5 (Monday, January 8, 2018) Notices, pages 829-834, FR Doc No: 2018-00083. ANALYSIS: Under the Outer Continental Shelf Lands Act (OCSLA), as amended, the Bureau of Ocean Energy Management (BOEM) will prepare and maintain a five-year "draft proposed program" (DPP) for proposed public oil and gas lease sales on the U.S. outer continental shelf (OCS) for the period from 2019 through 2024. The DPP proposes 47 lease sales during the five-year period: 12 in the Gulf of Mexico region, 19 in the Alaska region, 9 in the Atlantic region, and 7 in the Pacific region. The DPP would make available more than 90% of the total OCS acreage and more than 98% of undiscovered technically recoverable oil and gas resources on the OCS. The region which includes the OCS off the Pacific Coast of Washington State has not been included in a DPP since 1992. Major oil spills in 1988 and 199 1 (Nestucca and Tenyo Maru) released a combined 331,000 gallons and significantly impacted state, Canadian and Tribal resources. Comments on the DPP are due by March 9, 2018 (https://www.boem.pov/National-Program-Comment submission preferred). FISCAL IMPACT/COST BENEFIT ANALYSIS: No significant fiscal impact will result from reviewing the letter and submitting it to BOEM. G ommunyty HeOM Deveop'nentc91 Ns atAilk's, :eta) S-94 t1 is -cst`I (t) Always working for a eater and healthier community Envnntd, Hedth W�de� Z��re��ry 360-385-9444 iri 360 X79-448-7 RECOMMENDATION: Environmental Public Health recommends that the BoCC review and sign the letter to the Bureau of Ocean Energy Management on a draft proposed five-year offshore oil and gas leasing program for 2019 through 2024 as referenced in Federal Registry Volume 83, Number 5 (Monday, January 8, 2018) Notices, pages 829-834, FR Doc No: 2018-00083. REVIEWED BY: Philip Morle , ounty Admi at C UNT Heath v mental 3`res 60.38S-9 4 Water OU064'/ 360 Ix3'i-9444 419 360 319 A 4. March 5, 2018 Ms. Kelly Hammerle, Program Manager Bureau of Ocean Energy Management 45600 Woodland Road Sterling, VA 20166 RE: 2019-2024 Oil and Gas Leasing Program (BOEM-2017- 0050) Submitted via Federal Internet Commenting System Dear Ms. Hammerle: Thank you for the opportunity to provide comments on the Draft Proposed Five -Year Outer Continental Shelf (OCS) Offshore Oil and Gas Leading Program for 2019 through 2024 proposed by the Bureau of Ocean Energy Management as referenced in Federal Registry Volume 83, Number 5 (Monday, January 8, 2018) Notices, pages 829-834, FR Doc No: 2018-00083. Jefferson County is opposed to the inclusion of Washington's OCS in the Draft Proposed Program (DPP). Activities to support the exploration and development of oil and gas resources, such as the use of air guns and other seismic sources, pose unacceptable risks to our fish and wildlife resources as well as our marine waters, sea floor, beaches, islands, and estuaries. In Washington, these activities are also incompatible with existing federal land and sea designations and protections including the tribal reservations and Usual and Accustomed Areas of four coastal Treaty tribes, a national marine sanctuary, wildlife refuges, and a national park. Our region relies upon a healthy and productive ocean to produce the fish and wildlife resources that provide subsistence, commercial and recreational fisheries and support tourism. A major spill could impact critical nesting areas for seabirds, sea otter habitat, and migration and feeding corridors for whales, seals, sea lions, dolphins and porpoises, including the endangered Puget Sound Killer Whale, which also utilizes Washington's Pacific coast during certain times of year. The remote nature and environmental conditions commonly encountered along our coast would likely increase the risk and severity of accidental spills and also confound the recovery of spilled oil. Commercially important species such as salmon, Dungeness crab, and shellfish rely upon a healthy marine environment including excellent water quality and natural quiet so that all life stages may thrive. However, oil and gas exploration and installations introduce new sounds and loud noises, vessel traffic, hazards to navigation, disturbances to the sea floor, chronic and/or sudden release of pollutants, and industrialization of coastal areas. These adverse impacts and others would degrade Washington's maritime economy, which has supported local families and businesses up and down the coast for generations, contributes $50 billion dollars to the state economy and supports 191,000 jobs in the state.' 1 https://www.cantwell.senate.gov/news/press-releases/pacific-northwest-lawmakers-to-secretary-zinke-hands- off-our-coast Jefferson County coincides with portions of Olympic National Park's coastal strip that are managed with a goal to "conserve the scenery and the natural and historic objects and the wild life therein and to ... leave them unimpaired for the enjoyment of future generations." Jefferson County also overlaps with portions of the Olympic Coast National Marine Sanctuary and the Quillayute Needles National Wildlife Refuge both of which also exist to protect the fish, wildlife, plants, and their habitats for the continuing benefit of the American people. Under OCSLA, BOEM must take into account economic, social, environmental values, such as those outlined here, in making its leasing decisions. The presence, vulnerability and America's affirmation of these treasured areas should not be dismissed with respect to the DPP. We have received comments on the DPP in a letter from the membership of the North Pacific Coast Marine Resources Committee, a county advisory group which brings together representatives from Clallam and Jefferson Counties, the City of Forks and three coastal Treaty Tribes — the Makah, Quileute and Hoh Tribes — and citizen volunteers to undertake projects and advocate on behalf of the coastal resources of the western Olympic Peninsula. We concur with their comments and have attached their letter to ours. In closing, Washington's Coast is one of the most uniquely productive, beautiful, and intact areas of North America and is as worthy of protection from oil and gas exploration and development on the OCS. We strongly encourage BOEM to acknowledge this by removing the Washington from the DPP. Sincerely, *�&I RP�oUrPR�� milklalff Z February 22, 2018 JOHN HUNTER Re: Call for comments on the Draft Proposed Five -Year Outer Continental Shelf Citizen, Clallam county (OCS) Offshore Oil and Gas Leasing Program for 2019 through 2024, Federal Register Doc No: 2018-00083. httys://www.boem.eov/National-Program/ DEBORAH KUCIPECK Clallam County Dear Commissioners: RICH OSBORNE Clallam County Commissioners ROD FLECK 223 East 4' Suite 4 City of Forks Port Angeles, WA 98362-3000 JOE GILBERTSON Board of County Commissioners Hoh Tribe Jefferson County PO Box 1220 JENNIFER HAGEN Quileute Tribe Port Townsend, WA 98368 JOHN HUNTER Re: Call for comments on the Draft Proposed Five -Year Outer Continental Shelf Citizen, Clallam county (OCS) Offshore Oil and Gas Leasing Program for 2019 through 2024, Federal Register Doc No: 2018-00083. httys://www.boem.eov/National-Program/ DEBORAH KUCIPECK Clallam County Dear Commissioners: RICH OSBORNE During the February 20, 2018 meeting of the North Pacific Coast Marine Resource Citizen, Clallam County Committee (NPC MRC) we had a lengthy discussion on the above referenced Federal Register document; comments are due on March 9, 2018. As you are aware, the NPC AARON PARKER MRC brings together community members, three coastal treaty tribes, and Makah Tribe representatives of local governments, all of whom represent constituents who care deeply for the coast of Washington. Our mission as adopted is: TAMIPOKORNY Jefferson County The North Pacific Coast Marine Resources Committee will actively promote ecosystem resilience through understanding, conserving, and restoring our JILL SILVER marine resources. This will be accomplished through research, education, Citizen, Jefferson county community engagement and advocacy for our shared marine environment and CHIGGERS STOKES sustainability of its coastal communities. Citizen, Jefferson County In keeping with this mission, we ask that the Commissioners of Clallam and Jefferson VACANT Counties forward our opposition to the inclusion of any portion of waters off the Citizen, Clallam County Washington Coast in BOEM's Draft Proposed Five -Year OCS Leasing program. VACANT Since 1992, our region has not been included in the National OCS leasing program for Citizen, Jefferson county reasons which still apply today: • Olympic Coast National Marine Sanctuary in its designation document and subsequent management plans does not allow for oil and gas exploration; • Washington Coastal Treaty Tribes who through treaties with the US Government co -manage marine resources contained in this region and oppose the inclusion of their treaty reserved area in the leasing program; • Past and current governors of the west Coast states (Oregon, Washington, and California) continue to consistently oppose this activity; Oil and gas leasing, inclusive of exploration would create an unacceptable risk to our coastline and the marine resources contained therein. We are confident that through the appropriate level of legal, environmental, and socioeconomic analysis, the Washington/Oregon lease area would be eliminated from consideration. As noted in the Draft Proposed Program, our coastline contains many areas that have been determined by the people of our nation as areas of special significance: Olympic Coast National Marine Sanctuary, treaty reserved areas of four coastal tribes (Hoh, Makah, Quileute Tribes and the Quinault Nation), the Washington Islands U.S. Fish and Wildlife Service National Wildlife Refuge, Several Endangered Species Act "Critical Habitat" Designations, "Essential Fish Habitat" Areas, as well as Washington States Seashore Conservation Area and the Olympic National Park's wilderness coastline. We are also extremely concerned that the oil and gas leasing program threatens our coastal communities as our economies are based on a healthy productive ecosystem for fisheries and shellfish production and for cultural fulfillment, all which supports a thriving tourism industry. We recommend that the Commissioners of Clallam and Jefferson Counties voice a strong opposition to the Bureau of Ocean and Energy Management and exclude our area of the Pacific Region from the 2019-2024 Planning document. Sincerely, The North Pacific Coast Marine Resource Committee cc: WA Dept. of Ecology (J. Hennessey) OCNMS (C. Bernthal) WA Sea Grant (I. Miller) ONP (S. Creachbaum) ONRC (F. Hanson) Grays Harbor MRC Pacific County MRC Wahkiakum County MRC �r DEPARTMENT OF ECOLOGY State of Washington August 15, 2017 Mr. Walter Cruickshank, Director Bureau of Ocean Energy Management 45600 Woodland Road Sterling, VA 20166 Ms. Kelly Hammerle, Program Manager Bureau of Ocean Energy Management 45600 Woodland Road Sterling, VA 20166 Washington Department of FISH and WILDLIFE RE: Request for Information for 2019-2024 Oil and Gas Leasing Program (BOEM-2017- 0050) Submitted via Federal Internet Commenting System Dear Director Cruickshank and Ms. Hammerle: Thank you for the opportunity to comment on the U.S. Department of Interior's Request For Information on the five-year Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2019-2024. Our agencies oppose the inclusion of oil and gas leases on the OCS adjacent to Washington State (Washington/Oregon Planning Unit - Pacific Region). We have significant concerns about the added risks and impacts to ocean and community resources that would result from oil and gas leasing and development in our offshore waters. History of lease sales, oil spills, and protection for Washington's coast On Washington State's coast, a past proposed oil and gas lease sale and major oil spills prompted greater protection of the area. Major spills included the Nestucca (1988) and Tenyo Maru (1991), which spilled a combined 331,000 gallons and significantly impacted state, Canadian and Tribal resources. The federal government cancelled the pending lease sale in 1990 and designated the Olympic Coast National Marine Sanctuary in 1994, which prohibited oil and gas leasing and development. Since that time, Washington State's coast and the entire Pacific Region have not been included in any of the five-year oil and gas leasing programs. Primary environmental impacts of oil to plants, animals, and habitats include: 1) acute toxicity - directly killing plants and animals by poisoning; 2) mechanical injury through smothering and coating; and 3) persisting in the environment and causing injury through exposure over time. Washington State has the largest commercial shellfish industry in the nation. NOAA has also recognized many of the communities along Washington's Pacific Coast as fisheries -dependent — Mr. Cruickshank and Ms. Hammerle August 15, 2017 Page 2 meaning they have much higher engagement in and reliance on this activity than other coastal communities in the region and nation. These industries represent important employers on our coastal waters and return much economic and cultural value to our citizens. These vital industries are extremely sensitive to contamination by pollutants, including oil_ Oil and gas leasing and development also pose other risks to the marine environment, including impacts of exploration (e.g. seismic testing) and construction to the physical environment, such as damaging habitats; altering the acoustic environment, which can injure or kill marine animals whales and dolphins); and operating impacts from noise and lighting, which can alter, injure, or damage marine species. As demonstrated by the 2010 Deepwater Horizon blowout in the Gulf of Mexico, offshore oil and gas production and development continues to carry a significant risk of explosions and catastrophic spills. Washington State is a nationally recognized leader in oil spill planning and response. However, no amount of planning or response resources could come close to mitigating the risk posed by a blowout like Deepwater Horizon. A large scale spill and/or explosion would result in significant and unavoidable damages to Washington's coastal resources and undermines the ability of our agencies to sustainably manage and protect natural resources for ongoing public benefit. This includes damage to important existing coastal industries and thousands of existing jobs such as fishing, shellfish aquaculture, and recreation. Laws, goals and policies of the State of Washington Oil and gas leasing, exploration, and production on the OCS is inconsistent with Washington State's laws, policies, and goals. Washington is fostering energy security and resilience by advancing the green energy economy and simultaneously combating climate change through a number of policies and initiatives. This includes adopting new regulations that will cut carbon pollution; enacting policies that accelerate the adoption of zero emission electric vehicles; continuing investments in renewable energy resources and energy efficiency to meet state mandates; and working regionally to address needs for regional infrastructure and electrical grid integration and modernization. Furthermore, Washington State law: Prohibits oil and gas exploration, production, and drilling in the state's marine waters - Revised Code of Washington (RCW) 43.143.010 and RCW 90.58.160. Establishes state policies guiding ocean management, which are currently included as part of Washington's federally -approved Coastal Zone Management Program (CZMP), including: o Prioritizing ocean uses that do not adversely impact renewable resources over those that have adverse impacts to renewable resources. o Conserving fossil fuels. o Protecting existing ocean uses and ocean resources from likely, long-term significant adverse effects. Creates a framework for developing marine plans for Washington's waters, including addressing potential for marine renewable energy (RCW 43.372). Mr. Cruickshank and Ms. Hammerle August 15, 2017 Page 3 Washington's CZMP includes other state authorities such as the Shoreline Management Act, Water Pollution Control Act, and Clean Air Act and their associated regulations. Marine Spatial Plan for Washington's Pacific Coast Under state law (RCW 43.372), our agencies have spent the past five years developing a Marine Spatial Plan for Washington's Pacific Coast. The plan provides a wealth of information on the geographical, geological, and ecological characteristics and the economic, social and environmental values of Washington's Pacific Coast. Furthermore, the plan provides a framework and recommendations on evaluating new ocean uses and ensuring protection of existing uses and environmentally sensitive areas. The plan addresses potential for offshore renewable energy as an alternative to fossil fuels. More information on the plan, including data, reports, and projects is available on our planning website at www.msp.wa.gov. Some key findings from this planning process are summarized below. Fishing, recreational, shipping, and military uses of this area are economically, culturally, and socially vital to communities on Washington's Pacific Coast. They support thousands of jobs and supply hundreds of millions of dollars to the local and state economy. These uses rely on a healthy, sustainable resources, clean water, and clean beaches. For example: • In 2014, commercial (non -tribal) fisheries landed a total of 129 million pounds into Washington's coastal ports with an ex -vessel value of $93 million. • Commercial (non -tribal) fishing and primary seafood processing support 1,820 total jobs and $77 million in total labor income in coastal counties adjacent to the MSP study area. Their total statewide contribution is 2,830 jobs and $117 million in labor income. • Annual recreational fishing effort in the area, between 2003 and 2014, averaged 47,000 trips on charter vessels and another 98,000 trips on private vessels. In 2014, trip -related expenditures for coastal recreational fishing generated over $30 million in coastal spending, supported 325 jobs in coastal counties, and contributed $17 million in labor income. • Shellfish aquaculture in Pacific and Grays Harbor counties provides an estimated 572 direct jobs, supports 847 total jobs, and generates $50 million in total labor income in the coastal region alone. • Washington residents took an estimated 4.1 million trips to Washington's Pacific Coast in 2014, with nearly 60 percent indicating their primary purpose was for recreation. These trips generated an estimated $481 million in expenditures. In the coastal study area, recreation trip -related spending by Washington residents is estimated to support 4,725 jobs and generate $196.8 million in labor income within the coastal economy. • Recreational razor clamming generates between 275,000 and 460,000 digger trips each season and provides between $25 million and $40 million in tourist -related income to coastal communities. • This area is critical to shipping and trade, particularly ship traffic among ports along the West Coast and from ports in Washington across the Pacific Ocean to countries in Asia. The Port of Grays Harbor's marine cargo activities supports 1,524 total jobs (including 574 direct jobs) and generates over $130 million in total income. • Washington State hosts a large military presence with over 46,000 active duty military personnel, including 10,000 active duty Navy (2016). Due to the large military Mr. Cruickshank and Ms. Hammerle August 15, 2017 Page 4 installations nearby in Puget Sound, the US Navy actively trains and tests in the MSP Study Area. Washington's Pacific Coast has unique physical and natural conditions and vulnerabilities, including geological hazards, high ecological productivity and diversity, and numerous important and sensitive habitats and wildlife. • Washington's coast has strong coastal upwelling, riverine inputs, and coastal eddies, which drives a highly productive marine ecosystem along the continental shelf break and the nearshore. • A diverse range of habitats are present throughout the area, including offshore islands, kelp forests, rocky reefs, rocky intertidal, sandy beaches, and submarine canyons. • These habitats support abundant wildlife such as deep -water corals and sponges; seabird colonies that are among the largest in the contiguous United States; 29 species of marine mammals, including a population of reintroduced sea otters, and humpback and gray whales; and commercially and culturally valuable species such as fish (e.g. salmon) and shellfish (e.g. crab, shrimp, oysters, and clams). • The offshore area, known as the Cascadia Subduction Zone, is geologically active and poses the highest risk for massive earthquake and tsunami in the nation. Resources off Washington's coast are subject to a complex intergovernmental management. Four coastal tribes maintain treaties with the United States which reserve their right to hunt and fish in Usual and Accustomed Areas, including large areas of the Pacific Ocean extending 30 to 40 nautical miles off Washington's coast. This has led to a unique co - management relationship with the both the federal government and Washington State. The uniqueness and sensitivity of the resources along Washington's Pacific coast has been recognized by various management designations including the Olympic Coast National Marine Sanctuary, numerous National Wildlife Refuges, Washington's Seashore Conservation Area, and Olympic National Park's wilderness coastline - which is the longest stretch of undeveloped coast in the contiguous United States and is recognized as a UNESCO world heritage site. We are committed to managing and protecting healthy marine ecosystems and the jobs that rely on them for Washington's coastal communities and future generations. Oil and gas leasing, exploration, and production off Washington's coast are completely at odds with our state's vision for a sustainable and prosperous future. Sincerely, t Maia Bellon Director Department of Ecology 4�# Hilary Franz Commissioner of Public Lands Department of Natural Resources 'Tames Unsworth Director Department of Fish and Wildlife Congressional A ; -4 Research Service Informing the legislative debate since 1914 Five -Year Program for Federal Offshore Oil and Gas Leasing: Status and Issues in Brief Laura B. Comay Analyst in Natural Resources Policy January 8, 2018 Congressional Research Service 7-5700 www.crs.gov R44692 CRS REPORT Prepared for Members and Committees of Congress — Five -Year Program for Federal Offshore Oil and Gas Leasing: Status and Issues in Brief Contents RecentDevelopments...................................................................................................................... 2 Selected Issues for Congress........................................................................................................... 3 Total Acreage Available for Leasing......................................................................................... 4 Gulfof Mexico Region............................................................................................................. 5 AlaskaRegion........................................................................................................................... 8 AtlanticRegion....................................................................................................................... 10 PacificRegion......................................................................................................................... 12 Roleof Congress........................................................................................................................... 12 Figures Figure 1. BOEM's Proposed Program Areas for Offshore Oil and Gas Leasing in the Gulf of Mexico, Atlantic, and Pacific Regions............................................................................ 7 Figure 2. BOEM's Proposed Program Areas for Offshore Oil and Gas Leasing in Alaska ............ 9 Contacts AuthorContact Information.......................................................................................................... 13 Congressional Research Service Five -Year Program for Federal Offshore Oil and Gas Leasing: Status and Issues in Brief nder the Outer Continental Shelf Lands Act (OCSLA), as amended,' the Bureau of Ocean Energy Management (BOEM) must prepare and maintain forward-looking five-year plans—referred to by BOEM as five year programs—for proposed public oil and gas lease sales on the U.S. outer continental shelf (OCS). On January 4, 2018, BOEM released a draft proposed program (DPP) for the period from 2019 through 2024.2 The DPP proposes 47 lease sales during the five-year period: 12 in the Gulf of Mexico region, 19 in the Alaska region, 9 in the Atlantic region, and 7 in the Pacific region.' The DPP would make available more than 90% of the total OCS acreage and more than 98% of undiscovered technically recoverable oil and gas resources on the OCS.4 BOEM's development of a five-year program typically takes place over two or three years, during which successive drafts of the program are published for review and comment. All available leasing areas are initially examined, and the selection may then be narrowed based on economic and environmental analysis, including environmental review under the National Environmental Policy Act,' to arrive at a final leasing schedule. Because the program is developed through a winnowing process, the final program may remove sales proposed in earlier drafts but will not include any new sales. At the end of the process, the Secretary of the Interior must submit each program to the President and to Congress for a period of at least 60 days, after which the proposal may be approved by the Secretary and may take effect with no further regulatory or legislative action. BOEM has stated that it aims to have the final version of the 2019-2024 program approved by the end of 2019.6 Although the OCSLA provides for congressional review of the final program, it does not require that Congress directly approve the program in order for it to be implemented. Currently, offshore leasing is taking place under a program for mid -2017 through mid -2022 developed under the Obama Administration.' The DPP would replace the final years of the current program.' The 2017-2022 program scheduled 11 OCS lease sales during the five-year period: 10 in the Gulf of Mexico region (occurring twice each year, starting in 2017), 1 in the '43 U.S.C. §1331-1356b. 2 BOEM, 2019-2024 National Outer Continental Shelf Oil and Gas Leasing: Draft Proposed Program, January 2018, at https://www.boem.gov/NP-Draft-Proposed-Program-2019-2024/, hereinafter referred to as the 2019-2024 DPP. 3 The full leasing schedule is available on p. 8 of the 2019-2024 DPP, or at https://www.boem.gov/NP-DPP-Lease- Sale-Schedule-2019-2024/. 4 Department of the Interior, "Secretary Zinke Announces Plan for Unleashing America's Offshore Oil and Gas Potential," press release, January 4, 2018, at https://www.doi.gov/pressreleases/secretary-zinke-announces-plan- unleashing-americas-offshore-oil-and-gas-potential. BOEM defines undiscovered technically recoverable resources as "oil and gas that may be produced as a consequence of natural pressure, artificial lift, pressure maintenance, or other secondary recovery methods, but without any consideration of economic viability" (BOEM, "Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation's Outer Continental Shelf, 2016," fact sheet, at http://www.boem.gov/National-Assessment-2016/). ' 42 U.S.C. §4321. See CRS Report R1,33152, The National Environmental Policy Act (NEPA): Background and Implementation, by Linda Luther. 6 BOEM, "2019-2024 National Outer Continental Shelf Oil and Gas Leasing Program: Frequently Asked Questions," at https://www.boem.gov/National-Program-FAQ/. 7 The Obama Administration's program was approved by former Secretary of the Interior Sally Jewell on January 17, 2017. Department of the Interior, Record of Decision and Approval of the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Program, January 17, 2017, at https://www.boem.gov/2017-2022-Record-of-Decision/. 8 Although previous five-year programs (since 1982) have not overlapped in this way, the George W. Bush Administration issued a DPP for a 2010-2015 program that would have replaced the final years of the 2007-2012 program (but was not finalized). Congressional Research Service Cook Inlet planning area of the Alaska region (scheduled for 2021), and none in the Atlantic or Pacific regions. The leasing decisions in BOEM's five-year programs may affect the economy and environment of individual coastal states and of the nation as a whole. Accordingly, Congress typically has been actively involved in planning and oversight of the five-year programs. The following discussion summarizes recent developments related to the leasing programs and analyzes selected congressional issues and actions. The history, legal and economic framework, and process for developing the programs are discussed in CRS Report R44504, The Bureau of Ocean Energy Management's Five -Year Program for Offshore Oil and Gas Leasing: History and Final Program for 2017-2022. The 115th Congress could influence the five-year program (either the 2017-2022 program currently in force or the new program under development) by enacting legislation with requirements for the program, as well as by conducting oversight. For example, Members could enact legislation to add new sales to the program (e.g., H.R. 1756, S. 665, and S. 883), to remove scheduled sales, or to change the terms of program development under the OCSLA (e.g., H.R. 4239 and H.R. 4426). Congress also could end leasing moratoria imposed by Congress or the President and mandate lease sales in these previously unavailable areas.9 Alternatively, Congress could impose leasing moratoria on new areas; for example, H.R. 169, H.R. 728, H.R. 731, H.R. 2002, H.R. 2242, H.R. 2252, H.R. 2272, S. 31, S. 74, S. 750, and S. 999 would prohibit oil and gas leasing (or extend existing moratoria) in various parts of the OCS. Recent Developments BOEM released the DPP on January 4, 2018. Prior to its release, on July 3, 2017, BOEM had published in the Federal Register a request for information (RFI) for a new program to cover the 2019-2024 period and replace the final years of the Obama Administration program. 10 The comment period for the RFI closed on August 17, 2017. BOEM received approximately 815,000 comments on the RFL 11 On Apri128, 2017, President Trump issued an executive order on U.S. offshore energy strategy .12 The executive order directed the Secretary of the Interior to review and consider revising the federal offshore oil and gas leasing schedule for 2017-2022, along with other offshore energy policies established by the Obama Administration. The order also modified earlier presidential withdrawals of certain offshore areas from leasing consideration, which President Obama had made using his authority under Section 12(a) of the OCSLA.13 The modifications included terminating certain withdrawals in the Arctic and Atlantic regions, thus opening these areas for 9 See footnote 20 for more information about offshore areas unavailable for leasing. 10 BOEM, "Preparation of 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Program," 82 Federal Register 30886, July 3, 2017, at https://www.gpo.gov/fdsys/pkg/FR-2017-07-03/pdf/2017-13998.pdf. 11 The comments are summarized in the 2019-2024 DPP, Appendix A. 12 "Presidential Executive Order Implementing an America -First Offshore Energy Strategy," April 28, 2017, at https://www.whitchouse.gov/the-press-office/2017/04/28/presidential-executive-order-implementing-america-first- offshore-energy. For more information, see CRS Insight IN10698, Review of Offshore Energy Leasing: President Trump's Executive Order, by Laura B. Comay. 13 Under the OCSLA (43 U.S.C. §1341(a)), the President may, "from time to time, withdraw from disposition any of the unleased lands of the outer Continental Shelf." When the President withdraws ocean areas from leasing disposition, BOEM cannot conduct new oil and gas lease sales in those areas. The withdrawals do not affect valid existing rights under previously existing leases. Presidential withdrawals may be for a specified or an indefinite time period. Congressional Research Service leasing consideration in a revised five-year program. Legal challenges to this aspect of the executive order have arisen.14 President Trump's executive order specified that any pending revisions to the five-year program must not hinder ongoing sales under the current (2017-2022) version of the program. On August 16, 2017, BOEM held the first lease sale in the 2017-2022 program (Lease Sale 249), which offered 73 million acres in the Gulf of Mexico.15 This sale implemented the Obama Administration's shift to a region -wide lease sale approach for the 2017-2022 program, offering available blocks in all three planning areas combined (unlike previous Gulf lease sales, which focused on a particular planning area—either the Western, Central, or Eastern Gulf). 16 The 2017- 2022 program shifted to this region -wide approach partly to increase flexibility for companies that also are bidding on lease blocks in Mexican Gulf waters. This region -wide approach is also continued in the DPP for 2019-2024.17 BOEM announced that the second Gulf sale in the 2017- 2022 program (Lease Sale 250) will take place in March 2018 and will offer 77 million acres.18 Selected Issues for Congress Under the OCSLA, BOEM must take into account economic, social, and environmental values in making its leasing decisions.19 BOEM's assessments of the appropriate balance of these factors for leasing in the four OCS regions—the Atlantic, Pacific, Alaska, and Gulf of Mexico regions— are matters for debate in Congress and elsewhere in the nation. Congress has considered potential alterations to the 2017-2022 program approved by the Obama Administration and currently in force. As the Trump Administration moves forward on the 2019- 2024 program, Congress may similarly consider whether the proposed program strikes the appropriate balance of factors or should be modified with an alternative leasing schedule. More broadly, Congress may consider whether the OCSLA parameters that shape agency leasing decisions are appropriate or should be changed. Bills in the 115th Congress (see "Role of Congress," below) would address both individual lease sales and the broader OCSLA planning criteria. 14 For more information, see CRS Legal Sidebar WSLG1799, Trump's Executive Order on Offshore Energy: Can a Withdrawal be Withdrawn?, by Adam Vann. 15 BOEM, "Lease Sale 249," at https://www.boem.gov/Sale-249/. 16 Blocks that are not available for leasing include those subject to the moratorium established by the Gulf of Mexico Energy Security Act of 2006 (P.L. 109-432), those that lie within the Flower Garden Banks National Marine Sanctuary, and those adjacent to or beyond the U.S. Exclusive Economic Zone in the "Eastern Gap" area of the Gulf. 17 See 2019-2024 DPP, and BOEM, 2017-2022 Outer Continental Shelf Oil and Gas Leasing: Proposed Final Program, November 2016, p. S-5, at https://www.boem.gov/2017-2022-OCS-Oil-and-Gas-Leasing-PFP/. BOEM's final programs are published under the title "proposed final program," or PFP, because they must be reviewed by Congress and the President and then approved by the Secretary of the Interior. Given the approval of the 2017-2022 program on January 17, 2017, this report typically refers to the 2017-2022 PFP as the "final program." 18 U.S. Department of the Interior, "Secretary Zinke Announces Largest Oil & Gas Lease Sale in U.S. History," press release, October 24, 2017, at https://www.doi.gov/pressreleases/secretary-zinke-announces-largest-oil-gas-lease-sale- us-history. For additional information, see BOEM, "Lease Sale 250," at https://www.boem.gov/Sale-250/. " 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 that the federal government receives fair market value for leased tracts. Congressional Research Service The 2019-2024 DPP would make available nearly all of the OCS for oil and gas leasing, except for areas that BOEM is statutorily prohibited from leasing .20 By contrast, the Obama Administration's 2017-2022 leasing strategy had differed for each region, making available all unleased acreage in the Gulf of Mexico (except where prohibited) but using a targeted strategy or scheduling no sales for other areas .21 Congressional debate on the five-year programs has focused on the total number of sales and acres offered under the programs and on BOEM's lease sale decisions for particular regions. Total Acreage Available for Leasing The 2019-2024 DPP would make available more than 90% of the total OCS acreage and more than 98% of undiscovered, technically recoverable oil and gas resources in federal offshore areas, according to the Department of the Interior.22 The program proposes 47 lease sales during the five-year period, including 12 sales in the Gulf of Mexico region, 19 in the Alaska region, 9 in the Atlantic region, and 7 in the Pacific region. If all of the lease sales in the DPP were included in the final program, this would be more lease sales than have been scheduled for any previous five- year program .2' However, as discussed, the program development process typically has involved a narrowing of sales in successive drafts, based on economic and environmental reviews. BOEM states in the DPP that its inclusive leasing strategy aims to implement President Trump's "America -First" offshore energy strategy, outlined in his Apri12017 executive order, and that the proposed program would help to "mov[e] the United States from simply aspiring for energy independence to attaining energy dominance. ,24 The 2017-2022 program currently in force, which was developed by the Obama Administration, made available for leasing approximately 97 million offshore acres out of a total of approximately 1.7 billion acres on the U.S. OCS (less than 6% of total acreage). The Administration stated that the included acreage contained nearly half of all undiscovered technically recoverable oil and gas resources estimated to exist on the OCS.25 The final 2017-2022 program was the result of a winnowing process; the DPP for the 2017-2022 program had contained 14 proposed sales, which 20 2019-2024 DPP, pp. 1-13. These prohibited areas include, through mid -2022, most of the Eastern Gulf of Mexico, which was removed from leasing consideration by the Gulf of Mexico Energy Security Act of 2006 (GOMESA; P.L. 109-432). The DPP would schedule lease sales in this area following the expiration of the GOMESA moratorium. Also unavailable is the North Aleutian Basin planning area in the Alaska region, which President Obama indefmitely withdrew from leasing consideration in December 2014 using his OCSLA authority (Presidential Memorandum, "Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition," December 16, 2014, at http://www.whitehouse.gov/the-press-office/2014/12/16/presidential-memorandum-withdrawal-certain-areas- united-states-outer-con) and which remains withdrawn in the Trump Administration. Some other areas of the OCS, including national marine sanctuaries and marine national monuments, are also unavailable for leasing. 21 For more information, see the section on "Proposed Leasing Schedule by Region" in CRS Report R44504, The Bureau of Ocean Energy Management's Five -Year Program for Offshore Oil and Gas Leasing: History and Final Program for 2017-2022, by Laura B. Comay, Marc Humphries, and Adam Vann. 22 See footnote 4. 23 Previous five-year final programs have scheduled the following numbers of lease sales: 2017-2022 program, 11 sales; 2012-2017 program, 15 sales; 2007-2012 program, 16 sales; 2002-2007 program, 20 sales; 1997-2002 program, 16 sales; 1992-1997 program, 18 sales; 1987-1992 program, 42 sales; 1982-1987 program, 41 sales; 1980-1982 program 36 sales. Not all of the scheduled sales were held. For more information, see CRS Report R44504, The Bureau of Ocean Energy Management's Five -Year Program for Offshore Oil and Gas Leasing: History and Final Program for 2017-2022, by Laura B. Comay, Marc Humphries, and Adam Vann. 24 2019-2024 DPP, p. 1. 2s 2017-2022 PFP, p. S-2. The available acreage consisted of 96 million acres in the Gulf of Mexico and 1 million acres in the Alaska region (personal communication with the BOEM Office of Congressional Affairs, October 13, 2016). Congressional Research Service would have made available nearly 80% of undiscovered technically recoverable resources, according to BOEM .26 The overall acreage available for leasing in the 2017-2022 program, and the overall number of lease sales planned in the program, were controversial. Some Members of Congress, industry representatives, and others contended that the program was overly restrictive compared with earlier programs and that it would limit job creation and economic growth.27 Other stakeholders felt that the Obama Administration's leasing schedule reflected an appropriate balance of economic, environmental, and social considerations. Still others, including some environmental groups, advocated for less offshore oil and gas leasing than was provided for under the program, citing concerns about the climate change implications of offshore oil and gas development and the possibility of environmental damage from a catastrophic oil spill, such as the spill that took place in 2010 on the Deepwater Horizon oil platform in the Gulf of Mexico.28 Gulf of Mexico Region Almost all U.S. offshore oil and gas production currently takes place in the Gulf of Mexico.29 The Gulf has the most mature oil and gas development infrastructure of the four planning regions, as well as the highest resource potential, according to BOEM estimates.30 The lease schedules promulgated by the Trump and Obama Administrations are more similar for the Gulf than for the other regions, in that both programs would make available all unleased Gulf acreage that is not prohibited from leasing. The 2017-2022 program had scheduled two region -wide lease sales for the Gulf for each year. The 2019-2024 DPP proposes two region -wide lease sales each year for 2019-2022, and would add a third sale specifically for the Eastern and Central Gulf of Mexico in 2023 and 2024 (Figure 1).31 A contentious issue in the region is leasing in the Eastern Gulf close to the state of Florida. Under the Gulf of Mexico Energy Security Act of 2006 (GOMESA), offshore leasing is prohibited through June 2022 in a defined area of the Gulf off the Florida coast. 12 Some Members of Congress and other stakeholders wish to extend this prohibition or make it permanent. They contend that leasing in Gulf waters around Florida could potentially damage the state's beaches and fisheries, which support strong tourism and fishing industries, and could jeopardize mission - critical defense activities connected with Pensacola's Eglin Air Force Base. By contrast, others advocate for shrinking the area covered by the ban or eliminating the ban before its scheduled 26 BOEM, 2017-2022 Outer Continental Shelf Oil and Gas Leasing: Draft Proposed Program, January 2015, p. S-2, at https://www.boem.gov/2017-2022-DPP/. 27 In comparison with the 2017-2022 program's 11 lease sales, the numbers of lease sales scheduled under previous five-year programs have ranged from 15 to 42 sales. For more information, see CRS Report R44504, The Bureau of Ocean Energy Management's Five -Year Program for Offshore Oil and Gas Leasing: History and Final Program for 2017-2022, by Laura B. Comay, Marc Humphries, and Adam Vann. 28 For more information, see CRS Report R42942, Deepwater Horizon Oil Spill: Recent Activities and Ongoing Developments, by Jonathan L. Ramseur. Industry representatives contended that new government regulations and industry efforts have resulted in safety improvements since the 2010 spill, while other stakeholders asserted that the threat of major spills remains significant. 29 The Gulf accounts for about 97% of U.S. offshore production. BOEM, "Gulf of Mexico OCS Region," at http://www.boem.gov/Gulf-of-Mexico-Region/. 30 BOEM, "Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation's Outer Continental Shelf," 2016, at https://www.boem.gov/UTRR-Update_BTU/. 31 The additional sale would focus on areas that are under moratorium through June 2022 under GOMESA, which would become available after the moratorium's expiration. 32 P.L. 109-432. Specifically, the law bans oil and gas leasing in the Eastern Gulf of Mexico Planning Area within 125 miles of the coast of Florida, in all areas in the Gulf of Mexico east of a prescribed "Military Mission Line," and in the part of the Central Gulf of Mexico Planning Area that is within 100 miles of Florida, through June 30, 2022. Congressional Research Service 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. The 2019-2024 DPP proposes lease sales in the area currently covered by the moratorium, with the sales scheduled after the moratorium expires. Congressional Research Service Figure I. BOEM's Proposed Program Areas for Offshore Oil and Gas Leasing in the Gulf of Mexico, Atlantic, and Pacific Regions (2019-2024 DPP) B®E M --A • S7< WA � _ W-hingtmm Oregon MT 2019-2024 Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program Areas and Sale Years: Lower 48 States Planning Area Boundary D Draft Proposed Program Area Congressional Moratorium (expires June 30, 2022) Key:'All available areas, not including those subject to the GOMESA oretorium thmugh June 30, 2022. "Those areas available following the expiration of the GOMESA moratorium. y d qC.l itMEOR / "lMN ID —i a a0WI l �n — [-NI WV _ \ MI`� �North Atlantic /NE -I2023 IIT i� IL INCA '- _______- y 00 K&_i MO ,-.-Nyam \r ---'--- --—�"_--Mla-Atlantic 0 a T — - nIC pM 02TN2022 ox ® ( NM AR \ 1 5a 2024 ALS\ GA South Atlanli - ♦ - 2020 1 La 1 __ -�, 2022 1l d 2024 �� 4'� '- 7 �' FL \ C ntral CON Eartem fir° OOM� 2020(2)' 2021 I2) 2022 (2) 2023 (2)' 2023" 91Yaof Flontla �y t 2024(21' 2024'• N MEXICO Western GOM , 0 125 350 5 21120(2) 2021 (2)`, F v eMl s 2022(2)',2023(21' 2024 (2)' a( Y�reyu sP� N T M. II b fmmtir'aNe�u. 0 i25 250 500 Source: 2019-2024 DPP, at https://www.boem.gov/NP-DPP-Map-Lower-48-States/. CRS -7 Five -Year Program for Federal Offshore Oil and Gas Leasing: Status and Issues in Brief Alaska Region Congressional debate has been intense over offshore leasing in the Alaska region. Interest in exploring for offshore oil and gas in the region has grown as decreases in the areal extent of summer polar ice make feasible a longer drilling season. Estimates of substantial undiscovered oil and gas resources in Arctic waters also have contributed to the increased interest.33 However, the region's severe weather and perennial sea ice, and its relative lack of infrastructure to extract and transport offshore oil and gas, continue to pose technical and financial challenges to new exploration. Low energy prices, such as those currently being experienced, diminish the short- term incentives for development in the region, because Alaskan production is relatively costly. Among Alaska's 15 BOEM planning areas, the Beaufort and Chukchi Seas are the only two areas with existing federal leases, and only the Beaufort Sea has any producing wells in federal waters (from a joint federal -state unit). 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 many environmental groups oppose offshore oil and gas drilling in the Arctic, due to concerns about potential oil spills and about the possible contributions of these activities to climate change. The Obama Administration had at times expressed support for expanding offshore exploration in the Alaska region, while also pursuing safety regulations that aimed to minimize the potential for Oil spills.34 The Obama Administration's originally proposed program for 2017-2022 included three Alaska sales—one each in the Beaufort Sea, Chukchi Sea, and Cook Inlet Planning Areas. However, for the final program, the Administration removed the sales for the Beaufort and Chukchi Seas and retained only the sale for Cook Inlet, citing reasons for the removal that included "opportunities for exploration and development on [already] existing leases, the unique nature of the Arctic ecosystem, recent demonstration of constrained industry interest in undertaking the financial risks that Arctic exploration and development present, current market conditions, and sufficient existing domestic energy sources already online or newly accessible."35 Further, in December 2016, President Obama withdrew much of the U.S. Arctic from leasing disposition for an indefinite time period.36 In April 2017, President Trump's executive order on offshore energy strategy modified President Obama's withdrawals and opened all Alaska region areas for consideration in a revised leasing program, except for the North Aleutian Basin .17 The 2019-2024 DPP would schedule lease sales 33 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. 34 DOI, "Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf," 81 Federal Register 46477, July 15, 2016. In the 115th Congress, H.J.Res. 34 would disapprove the Obama Administration's Arctic rule under the Congressional Review Act (5 U. S.C. §§801-808). 35 2017-2022 PFP, p. S-3. 36 Presidential Memorandum, "Withdrawal of Certain Areas Off the Atlantic Coast on the Outer Continental Shelf from Mineral Leasing," December 20, 2016, at https://www.whitehouse.gov/the-press-office/2016/12/20/presidential- memorandum-withdrawal-certain-areas-atlantic-coast-outer; Presidential Memorandum, "Withdrawal of Certain Portions of the United States Arctic Outer Continental Shelf from Mineral Leasing," December 20, 2016, at https://www.whitehouse.gov/the-press-office/2016/12/20/presidential-memorandum-withdrawal-certain-portions- united-states-arctic, Executive Order 13754, "North Bering Sea Climate Resilience," December 9, 2016, at https://www.gpo.gov/fdsys/pkg/FR-2016-12-14/pdf/2016-30277.pdf. 37 "Presidential Executive Order Implementing an America -First Offshore Energy Strategy," April 28, 2017, at https://www.whitehouse.gov/the-press-office/2017/04/28/presidential-executive-order-implementing-america-first- offshore-energy. For discussion of this aspect of the executive order, see CRS Legal Sidebar WSLG1799, Trump's Executive Order on Offshore Energy: Can a Withdrawal be Withdrawn?, by Adam Vann. Congressional Research Service Five -Year Program for Federal Offshore Oil and Gas Leasing: Status and Issues in Brief in all 14 open planning areas in the region (Figure 2). Two sales are proposed for Cook Inlet, and three sales each are proposed for the Beaufort and Chukchi Seas, which are the two planning areas with the highest estimated resource potential in the region and are thus a focus of industry interest. Industry interest in some of the other planning areas may be lower, as many are thought to have relatively low or negligible petroleum potential. Figure 2. BOEM's Proposed Program Areas for Offshore Oil and Gas Leasing in Alaska 2019-2024 Outer Continental Shelf Oil and Gas Leasing L__ Draft Proposed Program Areas and Sale Years: Alaska chukchiSea Beaufort sea 2020 =Planning Area Boundary 2022 20492021 Draft Proposed Program Area 2oze 2023 Presidential Withdrawal Area RUSSIA L Aleutian 8asir 2023 �, Bowers Basin a 2023 1p r� Aleutian Arc 20323 / St. Matthew Hall Basin e'>"J23 2023 St. George Basin. M2023 a Alen Shumagin 2023 Alaska Kodiak 2023 Gulf of Alaska 2023 CANADA The maritime boundaries antl IimiLs shown hereon, 10 50 100 200 000 400 5 ms well as the &visions beMveen planning areas.. Nautical Miles are fcr inl[ial planning parpases only and m nal } Mites necessarily ream the full extent of 115. sovereign 1-' 0 s0 100 2510 300 400 500 rights under internalimnal and domestic law. Source: BOEM, 2019-2024 DPP, at https://www.boem.gov/NP-DPP-Map-Alaska/. Note: "Presidential Withdrawal Area" does not include areas modified from withdrawal status by President Trump in Executive Order 13795 of April 2017. For legal issues concerning the modification, see CRS Legal Sidebar WSLG 1799, Trump's Executive Order on Offshore Energy: Can a Withdrawal be Withdrawn?, by Adam Vann. Supporters of increased offshore leasing in the Alaska region contend that growth in offshore oil and gas development is critical for Alaska's economic health as the state's onshore oil fields mature.38 They further assert that Arctic offshore energy development will play a growing role nationally by reducing U.S. dependence on oil and gas imports and allowing the United States to remain competitive with other nations, including Russia and China, that are pursuing economic interests in the Arctic. These stakeholders contend that Arctic offshore activities can be conducted safely, and point to a history of successful well drilling in the Beaufort and Chukchi Seas in the 1980s and 1990s. 3' Alaskan onshore production has declined from peaks of previous decades. For example, a production decline at Prudhoe Bay has caused difficulties for the Trans -Alaska Pipeline System, which requires a certain amount of throughput in order to operate. Recent North Slope discoveries could potentially contribute to future production. Congressional Research Service Five -Year Program for Federal Offshore Oil and Gas Leasing: Status and Issues in Brief 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.39 The Obama Administration's Arctic regulations 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 .40 Opponents of Arctic leasing also are concerned that it represents 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 in the region are unnecessary, since industry has pulled back on investing in the Arctic in the current investment climate of low oil prices.41 Others assert, however, that tepid industry interest in the region is due more to the overly demanding federal regulatory environment than to market conditions. 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 localities that are struggling financially. Other Alaska Native communities have opposed offshore leasing in the region, citing concerns about environmental threats to subsistence lifestyles. Alaska Governor Bill Walker supports offshore oil and gas development and submitted comments for the 2019-2024 RFI expressing the state's particular interest in sales in the Beaufort and Chukchi Seas .42 Atlantic Region The 2019-2024 DPP proposes nine lease sales for the Atlantic region, including sales in all of the Atlantic region planning areas (Figure 1). If conducted, they would be the first offshore Atlantic oil and gas lease sales since 1983. The lack of oil and gas activity in the Atlantic region in the past 30 years was due in part to congressional bans on Atlantic leasing imposed in annual Interior appropriations acts from FY1983 to FY2008, along with presidential moratoria on offshore leasing in the region during those years. Starting with FY2009, Congress no longer included an Atlantic leasing moratorium in annual appropriations acts. In 2008, President George W. Bush also removed the long-standing administrative withdrawal for the region.43 These changes meant that lease sales could potentially be conducted for the Atlantic. However, no Atlantic lease sale has taken place in the intervening years.44 The Atlantic states, and stakeholders within each state, disagree about whether oil and gas drilling should occur in the Atlantic .45 Supporters contend that oil and gas development in the region would lower energy costs for regional consumers, bring jobs and economic investment, and 39 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." 40 DOI, "Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf" 81 Federal Register 46477, July 15, 2016. In the 115th Congress, H.R. 4239 would repeal the Arctic regulations. 41 For example, the Obama Administration stated in the 2017-2022 final program that the number of active leases on the Arctic OCS had declined by more than 90% between February 2016 and November 2016, as companies relinquished leases in the face of low oil prices and Shell Oil Company's disappointing exploratory drilling effort in the Chukchi Sea in 2015 (2017-2022 PFP, p. S-7). 42 2019-2024 DPP, p. A-14. 43 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). 44 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," at https://www.boem.gov/Oil-and-Gas-Energy-Program/Leasing/Regional-Leasing/Gulf- of-Mexico-Region/Lease-Sales/220Nirginia-Lease-Sale-220-Infonnation.aspx. 45 See summaries of state comments in the 2019-2024 DPP, pp. A-19 to A-23. Congressional Research Service 10 Five -Year Program for Federal Offshore Oil and Gas Leasing: Status and Issues in Brief strengthen U.S. energy security. Opponents express concerns that oil and gas development would undermine national 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 (DOD) and National Aeronautics and Space Administration (NASA). Geological and Geophysical (G&G) Activities in the Atlantic Ocean A complicating factor in considering oil and gas leasing in the Atlantic Ocean is uncertainty about the extent and location of hydrocarbon resources. Congressional and administrative moratoria on Atlantic leasing activities for most of the past 30 years prevented geological and geophysical (G&G) surveys of the region's offshore resources. Previous seismic surveys, dating from the 1970s, used older technologies that are considered less precise than recent methods. The Obama Administration issued a record of decision (ROD) in July 2014 to allow new G&G surveys. However, in January 2017, the Obama Administration denied applications from companies to conduct Atlantic surveys under the ROD, citing among other reasons a diminished need for the information because no Atlantic lease sales were included in the 2017-2022 program. In April 2017, President Trump's executive order on offshore energy ordered the agencies to expedite seismic survey permits, and BOEM subsequently announced that it would resume evaluations of the G&G permit applications. The G&G permitting decisions are separate from the five-year program, which is specifically concerned with lease sales. The House Natural Resources Committee held a hearing on Atlantic G&G testing in July 2015, during which some Members sought to expedite the permit -review process and others opposed letting G&G testing go forward. Witnesses differed in their evaluations of the potential harm to Atlantic marine mammals from seismic activities. BOEM had included measures to mitigate the impacts of G&G activities on marine life in its ROD, but some argued that the measures were inadequate. Some bills in the 115th Congress (e.g., H.R. 2158) would prohibit seismic surveys in the Atlantic region, while other legislation (H.R. 3133) would expedite permitting for seismic surveys. In draft versions of the 2017-2022 program, the Obama Administration had proposed a lease sale in a combined portion of the Mid- and South Atlantic planning areas. However, after further analysis, the Obama Administration removed the Atlantic sale, citing "strong local opposition, conflicts with other ocean uses,... [and] careful consideration of the comments received from Governors of affected states."46 The Obama Administration also stated that, given growth over the past decade in onshore energy development, "domestic oil and gas production will remain strong without the additional production from a potential lease sale in the Atlantic. ,47 The Obama Administration's proposal had included a 50 -mile buffer zone off the coast where leasing would not take place, in order to reduce conflicts with other uses of the OCS, including DOD and NASA activities. However, on further analysis, the Administration assessed that the areas of DOD and NASA concern "significantly overlap the known geological plays and available resources," which contributed to its decision to remove the Atlantic sale altogether from the final program .4' For the 2019-2024 DPP, the Trump Administration considered, but did not choose, an option with a coastal buffer to accommodate military use concerns .49BOEM stated that this and other program options may be further analyzed in subsequent versions of the program .50 46 BOEM, 2017-2022 Outer Continental Shelf Oil and Gas Leasing: Proposed Program, March 2016, at http://www.boem.gov/2017-2022-Proposed-Program-Decision/, hereinafter referred to as "2017-2022 PP." 47 Ibid., p. S-10. Specifically, the Obama Administration estimated that U.S. oil production in the 2017-2022 time period would be only 0.10% lower, and U.S. natural gas production 0.06% lower, without the production anticipated from a lease sale in the Mid- and South Atlantic Planning Areas. 4s 2017-2022 PP, p. S-10. 49 2019-2024 DPP, p. 11. so Ibid., p. 10. Congressional Research Service 11 Five -Year Program for Federal Offshore Oil and Gas Leasing: Status and Issues in Brief Pacific Region The 2019-2024 DPP proposes seven lease sales in the Pacific region, including sales in all of the region's planning areas (Figure 1). 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.51 Like the Atlantic region, the Pacific region was subject to congressional and presidential leasing moratoria for most of the past 30 years .12 These restrictions were lifted in FY2009, but no lease sales were proposed or scheduled for the Pacific region during the Obama Administration. The governors of California, Oregon, and Washington have expressed their opposition to new offshore oil and gas leasing in the region." Congressional stakeholders disagree over whether leasing should occur in the Pacific. Members of the 114'h Congress who favored broad leasing across the entire OCS introduced legislation that would have required BOEM to hold lease sales in the Pacific region .14 Members concerned about environmental damage from oil and gas activities in the region introduced legislation in both the 114'h and 115'h Congresses that would prohibit Pacific oil and gas leasing. 55 Role of Congress 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 .56 Members of Congress pursued all these types of influence with respect to the 2017-2022 leasing program, and have weighed in with public comments on the Trump Administration's RFI for the 2019-2024 program. Some of these comments supported the idea of a new program that would expand lease areas and schedule more sales, while others opposed replacing the current program or opposed the inclusion of certain regions in a new program. 57 The 115'h Congress has considered directly modifying the current five-year program through legislation. Some bills (H.R. 1756, H.R. 4239, S. 665, S. 883) would add lease sales to the program, or would amend the OCSLA to facilitate additional sales in five-year programs generally (such as by making it easier for the Interior Secretary to add new sales to programs, or by requiring that the Secretary include in each program unexecuted lease sales from earlier programs). Other legislation (H.R. 4426) would alter the OCSLA to give greater weight to environmental and wildlife considerations in five-year programs. Still other bills (H.R. 169, H.R. 728, H.R. 731, H.R. 2002, H.R. 2242, H.R. 2252, H.R. 2272, S. 31, S. 74, S. 750, S. 999) aim to restrict leasing by establishing new moratoria or extending existing moratoria. Some of these bills would permanently prohibit leasing in large areas, such as in all of the Pacific region or throughout the extent of the OCS. 51 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. 52 Different portions of the Pacific region were subject to different restrictions during this period. 5' 2019-2024 DPP, p. A-17. 54 See, e.g., H.R. 1487 and S. 791 in the 114th Congress. 55 See, e.g., H.R. 3927 in the 114th Congress, and H.R. 169, H.R. 731, and S. 31 in the 115th Congress. 56 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. 57 2019-2024 DPP, pp. A-75 to A-77. Congressional Research Service 12 Five -Year Program for Federal Offshore Oil and Gas Leasing: Status and Issues in Brief Either during or after development of the 2019-2024 program, Congress could affect the program by pursuing the above bills or other measures. Alternatively, Congress could choose not to intervene, allowing the new program to proceed as developed by BOEM. Author Contact Information Laura B. Comay Analyst in Natural Resources Policy lcomay@crs.loc.gov, 7-6036 Congressional Research Service 13