Outer Continental Shelf Lease Restoration Act of 2026

The bill concerns the disposition of surrendered offshore wind energy lease areas, which are federal property on the outer continental shelf. The Constitution grants Congress express authority to dispose of property belonging to the United States under Article IV, Section 3, Clause 2. Additionally, the Commerce Clause (Article I, Section 8, Clause 3) empowers Congress to regulate commercial activities such as offshore energy development. The bill does not exceed these enumerated powers, and there is no conflict with any express constitutional prohibition. Therefore, it is constitutional.

The Constitution grants Congress only enumerated powers. The management of offshore wind energy lease areas is not among those powers. The Property Clause (Article IV, Section 3, Clause 2) pertains to territory or property belonging to the United States, but the submerged lands beyond the low-water mark are not clearly federal property under the Constitution; such jurisdiction is a modern construct unsupported by the original compact. The Commerce Clause (Article I, Section 8, Clause 3) cannot be stretched to authorize this bill, as it does not regulate interstate commerce but rather disposes …

The proposed bill pertains to the disposition of surrendered offshore wind energy lease areas. Under the Constitution, Congress is vested with authority to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States. The federal government holds sovereign rights over the outer continental shelf, and the surrender and reallocation of such lease areas fall within this enumerated power. This power, though broad, is confined to property belonging to the United States, and the bill does not exceed that boundary. It is further consi…

This bill concerns the disposition of surrendered offshore wind energy lease areas, which are property of the United States. The Constitution expressly grants Congress power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States (Article IV, Section 3, Clause 2). The outer continental shelf, being subject to federal sovereignty and control, falls squarely within this property power. Moreover, the leasing and development of offshore wind energy substantially affects interstate and foreign commerce, giving Congress autho…