Supporting Made in America Energy Act

Bill Number

S. 460

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Energy

Status

Introduced

Latest Action

2025-02-06: Read twice and referred to the Committee on Energy and Natural Resources.

Last Updated

2026-03-13T15:55:29Z

AI-Generated Summary

Purpose

The "Supporting Made in America Energy Act" (S. 460) aims to boost domestic oil and natural gas production by mandating regular lease sales on federal lands and waters. It seeks to ensure consistent access to energy resources, overriding certain existing restrictions to prioritize energy development.

Key Provisions

• Onshore Leasing Requirements:
• Starting in fiscal year 2025, the Secretary of the Interior must hold at least 4 oil and natural gas lease sales each year in states including Wyoming, New Mexico, Colorado, Utah, Montana, North Dakota, Oklahoma, Nevada, and any other state with available federal lands under the Mineral Leasing Act (a 1920 law governing oil and gas extraction on public lands).
• Each sale must offer all eligible parcels (specific land areas) approved for development under current resource management plans.
• If a sale is canceled, delayed, or deferred (e.g., due to lack of parcels), a replacement sale must occur in the same calendar year.

• Offshore Leasing Requirements:
• Gulf of Mexico: Beginning in fiscal year 2026, at least 2 region-wide lease sales per year must be held through 2035, with specific deadlines (e.g., March 31 and August 31 biannually). These sales must use the same lease terms, economic conditions, and protections as a prior 2023 sale, covering the Central and Western Gulf planning areas.
• Eastern Gulf Moratorium Extension: Updates the Gulf of Mexico Energy Security Act of 2006 to extend a ban on new oil and gas leasing in the Eastern Gulf until December 31, 2035. It also adds prohibitions in the South Atlantic and Straits of Florida areas but allows exceptions for existing leases and environmental projects (e.g., beach restoration or habitat protection).
• Alaska Region: Requires at least 6 lease sales over 10 years in the Cook Inlet Planning Area, offering at least 1 million acres per sale. Leases must be issued within 90 days to the highest bidder, with a fixed 12.5% royalty rate (the percentage of production revenue paid to the government).
• Leasing Program Updates: Amends the Outer Continental Shelf Lands Act (OCSLA, a 1953 law managing offshore federal waters) to require the Secretary to start planning each new 5-year offshore leasing program within 36 months of the first sale under the prior program, with approval needed 180 days before the old one expires.

• Limits on Executive Actions:
• Prohibits the President from using executive orders or other administrative actions to pause, cancel, delay, or block federal energy leasing processes under key laws (e.g., Mineral Leasing Act, OCSLA) without congressional approval.
• Creates a "rebuttable presumption" (a legal starting point that can be challenged in court) that such actions violate the law unless Congress explicitly agrees.

Significant Changes to Existing Law

• Overrides discretionary authority under the Mineral Leasing Act and OCSLA by imposing mandatory minimum lease sales and timelines, reducing flexibility for the Department of the Interior (DOI) to adjust based on market or environmental factors.
• Extends the Eastern Gulf moratorium by over a decade (from 2022 to 2035) while expanding it to additional areas, but introduces new exceptions for conservation—shifting from a strict ban to one with targeted allowances.
• Accelerates OCSLA's leasing program cycle, ensuring continuous planning without long gaps between programs.
• Introduces new restrictions on presidential power over energy leasing, treating unilateral executive interference as presumptively illegal—a novel check on administrative discretion in energy policy.

Potential Impacts

• On Government Agencies: The DOI (which oversees leasing through bureaus like the Bureau of Land Management and Bureau of Ocean Energy Management) will face increased administrative burdens to meet sale quotas and timelines, potentially straining resources and requiring faster environmental reviews.
• On Citizens and Economy: Could lower energy prices and create jobs in oil and gas sectors in affected states, benefiting local economies in the Rockies and Gulf Coast. However, it may raise environmental concerns, such as risks to wildlife or water quality from expanded drilling.
• On International Relations: Boosting U.S. production might reduce reliance on imported oil, strengthening energy independence and influencing global markets, but could strain ties with countries focused on climate goals if it delays U.S. transition to renewables.

Main Stakeholders Affected

• Energy Industry: Oil and gas companies gain reliable access to federal leases, potentially increasing production and profits.
• State Governments: Producers like Wyoming, New Mexico, and Alaska benefit from royalties and taxes; coastal states in the Gulf or Atlantic may oppose expanded offshore activity due to spill risks.
• Environmental and Conservation Groups: Face challenges from more drilling but could use new exceptions for habitat projects.
• Federal Agencies: DOI and related bodies must implement mandates, possibly leading to internal conflicts over environmental protections.
• General Public: Taxpayers and consumers may see varied effects, from cheaper fuel to heightened climate impacts.

Notable Legal, Constitutional, or Political Implications

• Legal: The rebuttable presumption against executive actions could lead to more court challenges to presidential energy policies, empowering Congress and the judiciary in oversight. It may conflict with administrative law principles under the Administrative Procedure Act (rules for how agencies make decisions).
• Constitutional: Raises separation of powers issues by limiting executive authority over federal lands and resources, potentially viewed as Congress reasserting control after past executive pauses on leasing (e.g., via moratoriums).
• Political: Signals a pro-fossil fuel stance, likely appealing to energy-producing regions and Republican lawmakers (as seen in bipartisan but mostly conservative sponsors). It could polarize debates on climate policy, complicating U.S. commitments under international agreements like the Paris Accord by prioritizing production over emissions reductions.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Daines, Steve [R-MT]

Cosponsors (11)

Sen. Marshall, Roger [R-KS], Sen. Risch, James E. [R-ID], Sen. Cassidy, Bill [R-LA], Sen. Hyde-Smith, Cindy [R-MS], Sen. Murkowski, Lisa [R-AK], Sen. Sheehy, Tim [R-MT], Sen. Lummis, Cynthia M. [R-WY], Sen. Crapo, Mike [R-ID], Sen. Curtis, John R. [R-UT], Sen. Barrasso, John [R-WY], Sen. Hoeven, John [R-ND]

Recent Actions

• 2025-02-06: Read twice and referred to the Committee on Energy and Natural Resources.
• 2025-02-06: Introduced in Senate

Bill Versions

• Supporting Made in America Energy Act — issued 2025-02-06 — PDF (10 pages)