[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5378 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5378
To provide for the disposition of surrendered offshore wind energy
lease areas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 7, 2026
Mr. King (for himself and Mr. Padilla) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for the disposition of surrendered offshore wind energy
lease areas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Outer Continental Shelf Lease
Restoration Act of 2026''.
SEC. 2. DISPOSITION OF SURRENDERED OFFSHORE WIND ENERGY LEASE AREAS.
(a) Definitions.--In this Act:
(1) Adjacent lease.--The term ``adjacent lease'' means--
(A) a covered lease that shares not less than 1
boundary point with a terminated lease area; or
(B) a covered lease acquired by a leaseholder
during the same lease sale as the terminated lease
area.
(2) Covered entity.--The term ``covered entity'', with
respect to the surrender of a covered lease, means a lessee
(including any parent, subsidiary, successor, or affiliate of
that lessee) that was party to the surrender of that covered
lease.
(3) Covered lease.--The term ``covered lease'' means a
lease issued pursuant to section 8(p) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(p)) for wind energy
development.
(4) OCS block.--The term ``OCS block'' means a block, or a
portion of a block, as delineated on the official Outer
Continental Shelf protraction diagrams and lease maps
maintained by the Marine Minerals Administration.
(5) Per-acre price.--The term ``per-acre price'', with
respect to a covered lease, means the amount equal to the per-
acre minimum bid price outlined in the Final Sale Notice for a
covered lease.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Surrender.--The term ``surrender'' means the
termination, cancellation, or relinquishment, whether
characterized as voluntary or otherwise, of a covered lease,
including termination effected through a settlement agreement,
memorandum of agreement, or other negotiated instrument between
a lessee and the Secretary occurring on or after January 20,
2025.
(8) Terminated lease area.--The term ``terminated lease
area'' means acreage on the Outer Continental Shelf the use or
potential use of which for wind energy development was
terminated by the surrender of a covered lease.
(b) Ratification of Prior Environmental Reviews.--
(1) In general.--Congress ratifies and approves the
environmental reviews, analyses, and consultations conducted in
connection with the designation of each terminated lease area
as a wind energy area and the issuance of the applicable
surrendered covered lease, including any environmental impact
statement, environmental assessment, record of decision, and
consultation required under--
(A) section 7 of the Endangered Species Act of 1973
(16 U.S.C. 1536); or
(B) the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.).
(2) Effect.--The reviews, analyses, and consultations
described in paragraph (1) are considered to satisfy all
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and any other provision of Federal law
applicable to the issuance or vesting of a covered lease under
subsection (c), and no additional review, analysis, or
consultation shall be required as a condition of, or to give
effect to, a conveyance pursuant to this Act.
(3) Project-level review preserved.--Nothing in this
subsection affects the environmental review, analysis, or
consultation otherwise required in connection with the review
and approval of a site assessment plan, construction and
operations plan, or general activities plan submitted for a
covered lease vested pursuant to this Act.
(c) Conveyance to Holders of Adjacent Leases.--
(1) Offer.--Effective on the date of enactment of this Act
(or, for the surrender of a covered lease occurring after that
date of enactment, on the applicable date of surrender), each
holder of an adjacent lease (referred to in this subsection as
an ``adjacent leaseholder'') shall gain the right to acquire an
applicable terminated lease area, or the apportioned share of
that terminated lease area as determined under paragraph (4),
at a price equal to the per-acre price multiplied by the
acreage of the offered terminated lease area.
(2) Issuance and vesting.--
(A) Issuance.--On submission of the amount
described in paragraph (1) by an adjacent leaseholder
to the Treasury of the United States, the Secretary
shall issue a lease of the terminated lease area, or
the apportioned share of that terminated lease area as
determined under paragraph (4), to the applicable
adjacent leaseholder without any further action,
approval, execution, or issuance required by the
Secretary.
(B) Vesting.--A lease issued to an applicable
leaseholder under subparagraph (A) shall be considered
vested in that applicable leaseholder.
(3) Terms.--A lease issued and vested under paragraph (2)
shall be subject to the same terms, conditions, and
stipulations as are applicable to the applicable adjacent lease
of the adjacent leaseholder, with a term commencing on the date
of vesting under that paragraph.
(4) Apportionment among multiple adjacent leaseholders.--
(A) In general.--If a terminated lease area shares
a boundary with more than 1 adjacent lease--
(i) each OCS block within the terminated
lease area shall be assigned to the adjacent
lease whose boundary is nearest to the
geographic center of that OCS block, determined
by a line of equidistance where a block lies
equidistant from 2 or more adjacent leases;
(ii) the apportioned share offered to each
adjacent leaseholder shall consist of the OCS
blocks assigned under clause (i); and
(iii) each adjacent leaseholder may
exercise the right to acquire the applicable
OCS blocks assigned under clause (i)
independently of any other adjacent
leaseholder.
(B) Unclaimed share.--If an adjacent leaseholder
does not submit payment of the amount described in
paragraph (1), the terminated lease area or apportioned
share of that terminated lease area offered to that
adjacent leaseholder shall be made available and
disposed of pursuant to subsection (d).
(d) Disposition of Unclaimed Areas.--
(1) In general.--A terminated lease area or the apportioned
share of a terminated lease area that is not issued and vested
under subsection (c) shall be returned to the inventory of
areas available for leasing pursuant to section 8(p) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)).
(2) Lease sale.--
(A) In general.--Not later than 90 days after a
terminated lease area or apportioned share of a
terminated lease area is returned to inventory under
paragraph (1), the Secretary shall offer the terminated
lease area or apportioned share of a terminated lease
area for lease.
(B) Terms and conditions.--A terminated lease area
or apportioned share of a terminated lease area offered
under subparagraph (A) shall be offered with the same
terms and conditions, including financial terms, under
which the area was most recently offered before the
surrender of the applicable covered lease.
(3) Ineligibility of covered entities.--A covered entity
that has surrendered a terminated lease area is ineligible to
acquire, bid for, or hold any interest in that terminated lease
area pursuant to the conveyance or disposition requirements of
subsection (c), this subsection, or any other applicable law.
(e) Limitations on Oil and Gas Leasing and Permitting.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may not issue any new oil or gas lease under section
8(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)), or issue any new permit for oil or gas exploration,
development, or production activity on the Outer Continental
Shelf pursuant to that Act, until--
(A) each conveyance of a terminated lease area for
which payment has been made under subsection (c) has
been given full effect; and
(B) the Secretary has offered under subsection (d)
every terminated lease area or apportioned share of a
terminated lease area that was unclaimed.
(2) Exception.--The limitations described in paragraph (1)
shall not apply to the extent necessary to comply with an
obligation under a lease or permit issued before the date of
enactment of this Act.
(f) Effect on Settlement Agreements.--
(1) In general.--A conveyance under subsection (c) or a
disposition under subsection (d) shall not--
(A) reinstate any covered lease held by a covered
entity before the surrender of the covered lease;
(B) restore any right of a covered entity in a
terminated lease area; or
(C) entitle a covered entity to any additional
payment.
(2) Consideration.--Nothing in this Act shall require the
return of any consideration paid by a covered entity in
connection with the surrender of a covered lease.
(g) Judicial Review.--
(1) In general.--No court shall have jurisdiction to review
any conveyance, vesting, apportionment, or disposition under
this Act.
(2) Jurisdiction.--
(A) In general.--The United States Court of Appeals
for the District of Columbia Circuit shall have
original and exclusive jurisdiction over any claim
alleging--
(i) the invalidity of this Act; or
(ii) that an action taken pursuant to this
Act is beyond the scope of authority conferred
by this Act.
(B) Deadline.--A claim described in subparagraph
(A) shall be filed by not later than 90 days after the
date of enactment of this Act, or the date that the
challenged action is taken, as applicable.
<all>