Title 42, The Public Health and WelfareRelease 119-110

§15904 Incentives for Natural Gas Production From Deep Wells in the Shallow Waters of the Gulf of Mexico

Title 42 › CHAPTER 149 — NATIONAL ENERGY POLICY AND PROGRAMS › SUBCHAPTER III — OIL AND GAS › Part A — Production Incentives › § 15904

Last updated Sep 22, 2026|Official source

Summary

Requires the Secretary to write rules, within 180 days after August 8, 2005, that give royalty relief for natural gas from very deep wells on Gulf of Mexico leases west of 87 degrees, 30 minutes west longitude. For ultra deep wells in waters less than 400 meters deep, the rules must give suspension volumes of at least 35 billion cubic feet. The Secretary may also give at least 35 billion cubic feet when the ultra deep well is a sidetrack or the lease has already produced from a well whose perforated interval begins at 15,000 feet true vertical depth or deeper. An "ultra deep well" is a well whose perforated interval starts at 20,000 feet true vertical depth. A "sidetrack" is drilling a new hole from an old one and includes re-entering, deepening, or bypassing a blocked or crooked hole. The Secretary must also make rules, within the same 180 days, for deep wells in 200 to 400 meters of water using the same calculation method and not giving smaller suspension volumes than for shallower waters. Those rules must be retroactive to when the rulemaking notice first appears in the Federal Register. The Secretary may limit relief based on market price, and the relief does not apply to leases that already qualify for deep water royalty relief.

Full Legal Text

Title 42, §15904

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

(a)Royalty incentive regulations for ultra deep gas wells
(1)In general
Not later than 180 days after August 8, 2005, in addition to any other regulations that may provide royalty incentives for natural gas produced from deep wells on oil and gas leases issued pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Secretary shall issue regulations granting royalty relief suspension volumes of not less than 35 billion cubic feet with respect to the production of natural gas from ultra deep wells on leases issued in shallow waters less than 400 meters deep located in the Gulf of Mexico wholly west of 87 degrees, 30 minutes west longitude. Regulations issued under this subsection shall be retroactive to the date that the notice of proposed rulemaking is published in the Federal Register.
(2)Suspension volumes
The Secretary may grant suspension volumes of not less than 35 billion cubic feet in any case in which—
(A)the ultra deep well is a sidetrack; or
(B)the lease has previously produced from wells with a perforated interval the top of which is at least 15,000 feet true vertical depth below the datum at mean sea level.
(3)Definitions
In this subsection: (A) Ultra deep well
(B)Sidetrack
(i)In general
The term “sidetrack” means a well resulting from drilling an additional hole to a new objective bottom-hole location by leaving a previously drilled hole.
(ii)Inclusion
The term “sidetrack” includes—
(I)drilling a well from a platform slot reclaimed from a previously drilled well;
(II)re-entering and deepening a previously drilled well; and
(III)a bypass from a sidetrack, including drilling around material blocking a hole or drilling to straighten a crooked hole.
(b)Royalty incentive regulations for deep gas wells
Not later than 180 days after August 8, 2005, in addition to any other regulations that may provide royalty incentives for natural gas produced from deep wells on oil and gas leases issued pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Secretary shall issue regulations granting royalty relief suspension volumes with respect to production of natural gas from deep wells on leases issued in waters more than 200 meters but less than 400 meters deep located in the Gulf of Mexico wholly west of 87 degrees, 30 minutes west longitude. The suspension volumes for deep wells within 200 to 400 meters of water depth shall be calculated using the same methodology used to calculate the suspension volumes for deep wells in the shallower waters of the Gulf of Mexico, and in no case shall the suspension volumes for deep wells within 200 to 400 meters of water depth be lower than those for deep wells in shallower waters. Regulations issued under this subsection shall be retroactive to the date that the notice of proposed rulemaking is published in the Federal Register.
(c)Limitations
The Secretary may place limitations on the royalty relief granted under this section based on market price. The royalty relief granted under this section shall not apply to a lease for which deep water royalty relief is available.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Outer Continental Shelf Lands Act, referred to in subsecs. (a)(1) and (b), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 1301 of Title 43 and Tables.

Reference

Citations & Metadata

Citation

42 U.S.C. § 15904

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110