Title 42The Public Health and WelfareRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

The Secretary must, within 180 days after August 8, 2005, issue rules that give at least 35 billion cubic feet of royalty relief for natural gas from ultra deep wells on leases in the Gulf of Mexico wholly west of 87 degrees, 30 minutes west longitude in waters less than 400 meters deep. These rules add to any other royalty-incentive rules and must be retroactive to the date the proposed rule was published in the Federal Register. The Secretary may also give the same 35 billion cubic feet relief when the well is a sidetrack or the lease has already produced from a well whose perforated interval top is at least 15,000 feet true vertical depth below mean sea level. “Ultra deep well” means the top of the perforated interval is at least 20,000 feet true vertical depth below mean sea level. A “sidetrack” is drilling a new hole from an old one and includes re-entering and deepening, using a reclaimed platform slot, or drilling around blockages. The Secretary must also issue rules, within the same 180 days, for wells in waters more than 200 meters but less than 400 meters deep in the same Gulf area. Those suspension volumes must be calculated the same way as for shallower waters and cannot be lower than the shallower-water volumes, and must be retroactive to the proposed-rule date. The Secretary may limit relief based on market price, and the relief does not apply to leases already eligible for deep water royalty relief.

Full Legal Text

Title 42, §15904

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

(a)(1)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)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)In this subsection:
(A)The term “ultra deep well” means a well drilled with a perforated interval, the top of which is at least 20,000 true vertical depth below the datum at mean sea level.
(B)(i)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)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)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)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 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60