Bud's Offshore Energy (BOE)

Sec. 12(a) of OCSLA (43 U.S. Code § 1341(a)): “The President of the United States may, from time to time, withdraw from disposition any of the unleased lands of the outer Continental Shelf.”

The language “from time to time” implies that withdrawing OCS lands from oil and gas leasing consideration is a casual exercise at the whim of the President for any particular reason. That is indeed how the provision has been implemented.

Over the last 8 years, Presidents Obama, Trump, and Biden have unilaterally exercised this authority without prior notice or opportunity for public comment. Their actions were timed to extend oil and gas leasing prohibitions well beyond their term in office (perhaps permanently), seek an edge in an upcoming election, or sacrifice OCS leasing in an attempt to placate opponents of another executive decision. More specifically:

• In his last month in office, President Obama removed the Chukchi Sea and most of the Beaufort Sea from leasing consideration “for a time period without specific expiration.”
• In his last month in office, President Obama removed canyon areas of the Atlantic from leasing consideration “for a time period without specific expiration.”
• In his last month in office, President Obama removed the Northern Aleutian planning area from leasing consideration “for a time period without specific expiration.”
• Two months before the 2020 election, President Trump removed the South Atlantic planning area from leasing consideration through June 30, 2032.
• Two months before the 2020 election, President Trump removed the Eastern Gulf of Mexico area from leasing consideration through June 30, 2032.
• Six weeks before the 2020 election, President Trump removed the North Carolina portion of the Mid-Atlantic planning area from leasing consideration through June 30, 2032.
• On March 13 2023, coincident with his approval of the Willow project (North Slope of Alaska), President Biden removed the remainder of the Beaufort Sea from leasing consideration “for a time period without specific expiration.”

In light of the rather cynical abuses of this authority and their potential economic and national security implications, Congress should consider repealing Sec. 12(a) of OCSLA or revising the language to limit the timing, scope, and duration of such withdrawals, and establish a process that prevents the withdraw of lands without fully considering the potential implications.