H.R. 8542

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8542 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8542

To amend the Outer Continental Shelf Lands Act and the Magnuson-Stevens 
Fishery Conservation and Management Act to provide for the delegation 
of authority to Louisiana, Mississippi, and Alabama to manage certain 
expanded submerged lands, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 28, 2026

Mr. Ezell (for himself, Mr. Higgins of Louisiana, Mr. Carter of 
Louisiana, and Mr. Figures) introduced the following bill; which was 
referred to the Committee on Natural Resources

_______________________________________________________________________

A BILL

To amend the Outer Continental Shelf Lands Act and the Magnuson-Stevens 
Fishery Conservation and Management Act to provide for the delegation 
of authority to Louisiana, Mississippi, and Alabama to manage certain 
expanded submerged lands, 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 ``Offshore Parity Act of 2026''.

SEC. 2. PURPOSES.

The purposes of this Act are--
(1) to provide equity to the States of Louisiana, 
Mississippi, and Alabama with respect to the seaward boundaries 
of the States in the Gulf of America by delegating management 
of the submerged lands from 3 geographical miles to 3 marine 
leagues if the States meet certain conditions not later than 5 
years after the date of enactment of this Act;
(2) in delegating the authority to administer any leases, 
easements, rights-of-use, and rights-of-way, the States shall 
ensure that the rights of lessees, operators, and holders of 
leases, easements, rights-of-use, and rights-of-way on the 
submerged land are protected; and
(3) to improve the management of fisheries by allowing the 
States of Louisiana, Mississippi, and Alabama to oversee 
fisheries management in the expanded seaward boundaries.

SEC. 3. DELEGATION OF THE MANAGEMENT OF OIL, GAS, AND OTHER ENERGY 
ACTIVITIES ON THE EXPANDED SUBMERGED LAND OF LOUISIANA, 
MISSISSIPPI, AND ALABAMA.

(a) Delegation.--The Outer Continental Shelf Lands Act (42 U.S.C. 
1301 et seq.) is amended by adding at the end the following:

``SEC. 34. DELEGATION OF THE MANAGEMENT OF OIL, GAS, AND OTHER ENERGY 
ACTIVITIES ON THE EXPANDED SUBMERGED LAND OF LOUISIANA, 
MISSISSIPPI, AND ALABAMA.

``(a) Definitions.--In this section:
``(1) Coast line.--The term `coast line' has the meaning 
given such term in section 2 of the Submerged Lands Act (43 
U.S.C. 1301).
``(2) Expanded submerged land.--The term `expanded 
submerged land' means the area of the outer Continental Shelf 
that is located between 3 geographical miles and 3 marine 
leagues seaward of the coast line of the State as of the day 
before the date of the enactment of this section.
``(3) Secretary.--The term `Secretary' means the Secretary 
of the Interior.
``(4) State.--The term `State' means Louisiana, 
Mississippi, or Alabama.
``(b) Delegation.--Upon written request of a State before the date 
that is 5 years after the date of enactment of the Offshore Parity Act 
of 2026, the Secretary shall, except as provided in subsection (c), 
delegate to the State the relevant authorities of the Secretary under 
this Act, except the authority under sections 14 and 20, to grant and 
manage leases of the expanded submerged land of the State if the 
Secretary finds that--
``(1) it is likely the State will provide adequate 
resources to carry out such authorities;
``(2) the State has demonstrated that it will effectively 
and faithfully administer the applicable rules and regulations 
of the Secretary under this Act, including the requirements of 
subsection (c) of this section; and
``(3) such delegation will not create an unreasonable 
burden on any lessee.
``(c) Requirements.--
``(1) No lease or tract divided.--The Secretary may not 
delegate authority under this section with respect to any lease 
of an area that is not wholly located within the expanded 
submerged land of the State.
``(2) Applicability to existing leases.--The delegation of 
authority under this section shall apply to any lease of the 
expanded submerged land of the State granted by the Secretary 
before the date of enactment of the Offshore Parity Act of 
2026.
``(3) No 5 year plan required.--A State to which authority 
is delegated under this section shall not be required to 
prepare, revise, or maintain an oil and gas leasing program 
under section 18.
``(4) Revenue.--
``(A) Rentals, royalties, and other sums.--A State 
to which authority is delegated under this section may 
collect rentals, royalties, and other sums, as 
determined by the State, from any lease granted after 
the date of enactment of the Offshore Parity Act of 
2026 by the State under such authority.
``(B) Minimum bid and royalty amounts.--The minimum 
bid and royalty amounts under section 8 shall not apply 
to any lease of the expanded submerged land of the 
State granted by the State after the date of enactment 
of the Offshore Parity Act of 2026.
``(C) Disposition of revenue.--
``(i) Existing leases.--The delegation of 
authority under this section shall not affect 
the disposition of revenue under any other 
provision of Federal law from any lease of the 
expanded submerged land of the State granted 
before the date of enactment of the Offshore 
Parity Act of 2026.
``(ii) New leases.--Section 9 of this Act 
and section 105 of the Gulf of Mexico Energy 
Security Act of 2006 shall not apply with 
respect to a lease granted after the date of 
enactment of the Offshore Parity Act of 2026 by 
a State under authority delegated under this 
section.
``(5) Citizen suits, court jurisdiction, and judicial 
review.--Section 23 shall not apply with respect to a lease 
granted after the date of enactment of the Offshore Parity Act 
of 2026 by a State under authority delegated under this 
section.
``(6) Liability.--
``(A) In general.--A State to which authority is 
delegated by the Secretary under this section shall 
indemnify the United States for any liability to any 
holder of an oil, gas, or other energy lease of the 
expanded submerged land of the State granted before 
such delegation of authority from the taking of any 
property interest or breach of contract as a result 
of--
``(i) the delegation of such authority; or
``(ii) the management of any such lease.
``(B) Deduction from oil and gas leasing 
revenues.--The Secretary may deduct from the amounts 
otherwise payable to a State under section 8(g)(2) the 
amount of any final nonappealable judgment for a taking 
or breach of contract by such State described in 
subparagraph (A).
``(7) Transfer of bonds.--
``(A) In general.--Not later than 90 days after 
delegating authority under this section, the Secretary 
shall transfer any surety bonds for oil, gas, or other 
energy leases of the expanded submerged land of a State 
granted before the date of enactment of the Offshore 
Parity Act of 2026 to the applicable State. The 
applicable State shall ensure that any decommissioning 
of a facility with respect to such leases is carried 
out in accordance with applicable Federal law, 
including regulations.
``(B) Failure to transfer bonds.--If the Secretary 
does not transfer a surety bond for a lease under 
subparagraph (A) by the deadline described in such 
subparagraph, the Secretary shall ensure that any 
decommissioning of a facility with respect to such 
lease is carried out in accordance with applicable 
Federal law, including regulations.''.
(b) Seaward Boundary of Louisiana, Mississippi, and Alabama.--
Section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1337(g)) is amended by adding at the end the following:
``(8) Definition of seaward boundary of louisiana, 
mississippi, and alabama.--In this subsection, the term 
`seaward boundary' means, with respect to each of the States of 
Louisiana, Mississippi, and Alabama, 3 marine leagues seaward 
of the coast line (as that term is defined in section 2 of the 
Submerged Lands Act (43 U.S.C. 1301)) of each such State as 
each such coast line exists as of the day before the date of 
the enactment of this paragraph.''.

SEC. 4. STATE JURISDICTION UNDER MAGNUSON-STEVENS FISHERY CONSERVATION 
AND MANAGEMENT ACT.

(a) In General.--Section 306(a)(2) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1856(a)(2)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C)(ii), by striking the period at the 
end and inserting ``; and''; and
(3) by adding at the end the following:
``(D) with respect to each of the States of 
Alabama, Louisiana, and Mississippi, to 3 marine 
leagues seaward of the coast line (as that term is 
defined in section 2 of the Submerged Lands Act (43 
U.S.C. 1301)) of each such State as each such coast 
line exists as of the day before the date of the 
enactment of this subparagraph.''.
(b) Rules of Construction.--
(1) Highly migratory species.--The amendments made by this 
section may not be construed to limit or otherwise affect the 
authority of the Federal Government with respect to highly 
migratory species, species listed as a threatened species or an 
endangered species pursuant to the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.), or fishery resources subject to 
international agreements as provided under Federal law, 
including the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.), the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.), and relevant 
international treaties.
(2) Federal jurisdiction.--The amendments made by this 
section may not be construed to limit or otherwise affect the 
authority of the Federal Government under the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.) with respect to--
(A) the exclusive economic zone beyond the extended 
State waters of a covered State; or
(B) activities within the extended State waters of 
a covered State that relate to national security, 
international obligations, or other matters reserved 
for Federal authority.
(c) Definitions.--In this section:
(1) Coast line.--The term ``coast line'' has the meaning 
given the term in section 2 of the Submerged Lands Act (43 
U.S.C. 1301).
(2) Covered state.--The term ``covered State'' means each 
of the States of Alabama, Louisiana, and Mississippi.
(3) Exclusive economic zone.--The term ``exclusive economic 
zone'' has the meaning given the term in section 3 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1802).
(4) Extended state waters.--The term ``extended State 
waters'' means 3 marine leagues seaward of the coast line of a 
covered State as each such coast line exists as of the day 
before the date of the enactment of this section.
(5) Fishery resource.--The term ``fishery resource'' has 
the meaning given the term in section 3 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1802).
(6) Highly migratory species.--The term ``highly migratory 
species'' has the meaning given the term in section 3 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1802).
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