This bill significantly amends the Outer Continental Shelf Lands Act to strengthen regulations for offshore oil and gas operators. Its primary goals are to ensure that operators are financially sound and environmentally responsible, and to guarantee that sufficient funds are available for decommissioning activities. The legislation introduces rigorous "fitness to operate" standards and mandates the establishment of dedicated decommissioning escrow accounts for all leases. Under the new "fitness to operate" standards, the Secretary may not issue, extend, or transfer leases unless the recipient responsible party is certified as fit. This certification is based on the operator's past compliance with environmental and safety laws, including decommissioning and worker safety requirements, over the preceding ten years. Crucially, operators must demonstrate financial solvency and capacity to withstand market shocks and fulfill current and projected decommissioning liabilities. Minimum qualifications include having an investment grade credit rating , no bankruptcy filings within ten years, and no outstanding rentals, royalties, or overdue decommissioning orders. Operators must also disclose comprehensive information, such as domestic and global decommissioning liabilities, inspection results, and a history of worker safety incidents or oil spills over the past fifteen years. The Secretary will annually assess compliance with these standards, and non-compliance can lead to severe penalties. These penalties may include the suspension of certification , fines, requiring supplemental financial assurance equal to the total decommissioning cost, or even an order to commence decommissioning, potentially triggering joint and several liability proceedings for previous leaseholders. An annual report to Congress will detail compliance assessments, non-compliant entities, enforcement actions, and decommissioning cost estimates. The bill mandates the creation of interest-bearing escrow accounts for each oil and gas lease to fully cover decommissioning costs. The Secretary, or a designated third party, will calculate and periodically update probabilistic estimates of these costs for all existing and proposed infrastructure. A mandatory payment schedule will ensure that 100 percent of the estimated decommissioning costs are paid into the escrow account within five years of the schedule's establishment. For new leases or development plans, an initial payment of at least 25 percent of the estimated costs is required. Lease extensions or transfers are prohibited if payments to the escrow account are delinquent, and transferees must adopt the existing payment schedule. Funds in these escrow accounts can only be used for approved decommissioning purposes and cannot be pledged as collateral. Delinquent payments (over 60 days) will result in either an increased royalty rate to recover the amount or the suspension of the lease. Finally, the bill restricts the temporary abandonment of oil wells to a maximum of three years, requiring an economic analysis for approval, with a single, one-time extension to five years possible under specific circumstances related to operational stability or environmental safety.
Offshore Leasing Standards and Accountability Act of 2026
USA119th CongressHR-9034| House
| Updated: 5/26/2026
This bill significantly amends the Outer Continental Shelf Lands Act to strengthen regulations for offshore oil and gas operators. Its primary goals are to ensure that operators are financially sound and environmentally responsible, and to guarantee that sufficient funds are available for decommissioning activities. The legislation introduces rigorous "fitness to operate" standards and mandates the establishment of dedicated decommissioning escrow accounts for all leases. Under the new "fitness to operate" standards, the Secretary may not issue, extend, or transfer leases unless the recipient responsible party is certified as fit. This certification is based on the operator's past compliance with environmental and safety laws, including decommissioning and worker safety requirements, over the preceding ten years. Crucially, operators must demonstrate financial solvency and capacity to withstand market shocks and fulfill current and projected decommissioning liabilities. Minimum qualifications include having an investment grade credit rating , no bankruptcy filings within ten years, and no outstanding rentals, royalties, or overdue decommissioning orders. Operators must also disclose comprehensive information, such as domestic and global decommissioning liabilities, inspection results, and a history of worker safety incidents or oil spills over the past fifteen years. The Secretary will annually assess compliance with these standards, and non-compliance can lead to severe penalties. These penalties may include the suspension of certification , fines, requiring supplemental financial assurance equal to the total decommissioning cost, or even an order to commence decommissioning, potentially triggering joint and several liability proceedings for previous leaseholders. An annual report to Congress will detail compliance assessments, non-compliant entities, enforcement actions, and decommissioning cost estimates. The bill mandates the creation of interest-bearing escrow accounts for each oil and gas lease to fully cover decommissioning costs. The Secretary, or a designated third party, will calculate and periodically update probabilistic estimates of these costs for all existing and proposed infrastructure. A mandatory payment schedule will ensure that 100 percent of the estimated decommissioning costs are paid into the escrow account within five years of the schedule's establishment. For new leases or development plans, an initial payment of at least 25 percent of the estimated costs is required. Lease extensions or transfers are prohibited if payments to the escrow account are delinquent, and transferees must adopt the existing payment schedule. Funds in these escrow accounts can only be used for approved decommissioning purposes and cannot be pledged as collateral. Delinquent payments (over 60 days) will result in either an increased royalty rate to recover the amount or the suspension of the lease. Finally, the bill restricts the temporary abandonment of oil wells to a maximum of three years, requiring an economic analysis for approval, with a single, one-time extension to five years possible under specific circumstances related to operational stability or environmental safety.