Title 42, The Public Health and WelfareRelease 119-110

§15903 Marginal Property Production Incentives

Title 42 › CHAPTER 149 — NATIONAL ENERGY POLICY AND PROGRAMS › SUBCHAPTER III — OIL AND GAS › Part A — Production Incentives › § 15903

Last updated Sep 22, 2026|Official source

Summary

Cuts the royalty rate on oil and gas from small, low-producing onshore properties when market prices stay very low. A "marginal property" here means an onshore unit, communitization agreement, or a lease not in a unit that averages less than 15 barrels of oil per well per day or 90,000,000 British thermal units of gas per well per day, measured over the most recent three months and counting only wells that produced on more than half the days in those months. If West Texas Intermediate crude at Cushing averages under $15 per barrel (adjusted using the Consumer Price Index for All Urban Consumers, U.S. city average, from the Bureau of Labor Statistics) for 90 trading days, or if natural gas at Henry Hub averages under $2.00 per MMBtu (same CPI adjustment) for 90 trading days, the royalty is reduced. The reduced royalty is the smaller of 5% or any lower rate that already applies, and it starts the first day of the production month after the price test is met. The cut ends the first day of the production month after prices rise above the thresholds for 90 days or the property no longer qualifies. The Secretary can write different rules, must set rules for the outer Continental Shelf within 18 months after August 8, 2005 (or report to Congress if not practical), and may consider prices, costs, taxes, regional factors, and similar matters. More generous relief under other laws still applies.

Full Legal Text

Title 42, §15903

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Definition of marginal property
Until such time as the Secretary issues regulations under subsection (e) that prescribe a different definition, in this section, the term “marginal property” means an onshore unit, communitization agreement, or lease not within a unit or communitization agreement, that produces on average the combined equivalent of less than 15 barrels of oil per well per day or 90,000,000 British thermal units of gas per well per day calculated based on the average over the 3 most recent production months, including only wells that produce on more than half of the days during those 3 production months.
(b)Conditions for reduction of royalty rate
Until such time as the Secretary issues regulations under subsection (e) that prescribe different standards or requirements, the Secretary shall reduce the royalty rate on—
(1)oil production from marginal properties as prescribed in subsection (c) if the spot price of West Texas Intermediate crude oil at Cushing, Oklahoma, is, on average, less than $15 per barrel (adjusted in accordance with the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics) for 90 consecutive trading days; and
(2)gas production from marginal properties as prescribed in subsection (c) if the spot price of natural gas delivered at Henry Hub, Louisiana, is, on average, less than $2.00 per million British thermal units (adjusted in accordance with the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics) for 90 consecutive trading days.
(c)Reduced royalty rate
(1)In general
When a marginal property meets the conditions specified in subsection (b), the royalty rate shall be the lesser of— (A)
(B)the applicable rate under any other statutory or regulatory royalty relief provision that applies to the affected production.
(2)Period of effectiveness
The reduced royalty rate under this subsection shall be effective beginning on the first day of the production month following the date on which the applicable condition specified in subsection (b) is met.
(d)Termination of reduced royalty rate
A royalty rate prescribed in subsection (c)(1) shall terminate—
(1)with respect to oil production from a marginal property, on the first day of the production month following the date on which—
(A)the spot price of West Texas Intermediate crude oil at Cushing, Oklahoma, on average, exceeds $15 per barrel (adjusted in accordance with the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics) for 90 consecutive trading days; or
(B)the property no longer qualifies as a marginal property; and
(2)with respect to gas production from a marginal property, on the first day of the production month following the date on which—
(A)the spot price of natural gas delivered at Henry Hub, Louisiana, on average, exceeds $2.00 per million British thermal units (adjusted in accordance with the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics) for 90 consecutive trading days; or
(B)the property no longer qualifies as a marginal property.
(e)Regulations prescribing different relief
(1)Discretionary regulations
The Secretary may by regulation prescribe different parameters, standards, and requirements for, and a different degree or extent of, royalty relief for marginal properties in lieu of those prescribed in subsections (a) through (d).
(2)Mandatory regulations
Unless a determination is made under paragraph (3), not later than 18 months after August 8, 2005, the Secretary shall by regulation—
(A)prescribe standards and requirements for, and the extent of royalty relief for, marginal properties for oil and gas leases on the outer Continental Shelf; and
(B)define what constitutes a marginal property on the outer Continental Shelf for purposes of this section.
(3)Report
To the extent the Secretary determines that it is not practicable to issue the regulations referred to in paragraph (2), the Secretary shall provide a report to Congress explaining such determination by not later than 18 months after August 8, 2005.
(4)Considerations
In issuing regulations under this subsection, the Secretary may consider—
(A)oil and gas prices and market trends;
(B)production costs;
(C)abandonment costs;
(D)Federal and State tax provisions and the effects of those provisions on production economics;
(E)other royalty relief programs;
(F)regional differences in average wellhead prices;
(G)national energy security issues; and
(H)other relevant matters, as determined by the Secretary.
(f)Savings provision
Nothing in this section prevents a lessee from receiving royalty relief or a royalty reduction pursuant to any other law (including a regulation) that provides more relief than the amounts provided by this section.

Reference

Citations & Metadata

Citation

42 U.S.C. § 15903

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110