Title 42The Public Health and WelfareRelease 119-73not60

§15909 Gas Hydrate Production Incentive

Title 42 › Chapter 149— NATIONAL ENERGY POLICY AND PROGRAMS › Subchapter III— OIL AND GAS › Part A— Production Incentives › § 15909

Last updated Apr 5, 2026|Official source

Summary

Pays companies by cutting or pausing royalties to help produce natural gas from gas hydrate deposits on the outer Continental Shelf and on Federal lands in Alaska. The Secretary may give this royalty break for leases that were issued under the Outer Continental Shelf Lands Act or are onshore Federal Alaska oil and gas leases, if the lease was issued before January 1, 2016, and production of gas from hydrates starts before January 1, 2018. The break can cover up to 30 billion cubic feet of gas per lease and is extra to any other royalty relief that does not specifically target gas hydrate production. The Secretary can limit the break based on market price. The break applies to eligible leases issued before, on, or after August 8, 2005, and to production on or after the date the advanced notice of proposed rulemaking is published. The Secretary must publish an advanced notice of proposed rulemaking within 180 days after August 8, 2005, and finish the rules within 365 days after that date. The rules must define “gas hydrate resources” to include both the gas inside hydrates in the hydrate stability zone and any free gas trapped by or under that zone. Within 365 days after August 8, 2005, the Secretary, with the Secretary of Energy, must review other ways to boost production and send a report to Congress.

Full Legal Text

Title 42, §15909

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

(a)The purpose of this section is to promote natural gas production from the natural gas hydrate resources on the outer Continental Shelf and Federal lands in Alaska by providing royalty incentives.
(b)(1)The Secretary may grant royalty relief in accordance with this section for natural gas produced from gas hydrate resources under an eligible lease.
(2)A lease shall be an eligible lease for purposes of this section if—
(A)it is issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), or is an oil and gas lease issued for onshore Federal lands in Alaska;
(B)it is issued prior to January 1, 2016; and
(C)production under the lease of natural gas from gas hydrate resources commences prior to January 1, 2018.
(3)The Secretary shall conduct a rulemaking and grant royalty relief under this section as a suspension volume if the Secretary determines that such royalty relief would encourage production of natural gas from gas hydrate resources from an eligible lease. The maximum suspension volume shall be 30 billion cubic feet of natural gas per lease. Such relief shall be in addition to any other royalty relief under any other provision applicable to the lease that does not specifically grant a gas hydrate production incentive. Such royalty suspension volume shall be applied to any eligible production occurring on or after the date of publication of the advanced notice of proposed rulemaking.
(4)The Secretary may place limitations on royalty relief granted under this section based on market price.
(c)This section shall apply to any eligible lease issued before, on, or after August 8, 2005.
(d)(1)The Secretary shall publish the advanced notice of proposed rulemaking within 180 days after August 8, 2005, and complete the rulemaking implementing this section within 365 days after August 8, 2005.
(2)Such regulations shall define the term “gas hydrate resources” to include both the natural gas content of gas hydrates within the hydrate stability zone and free natural gas trapped by and beneath the hydrate stability zone.
(e)Not later than 365 days after August 8, 2005, the Secretary, in consultation with the Secretary of Energy, shall carry out a review of, and submit to Congress a report on, further opportunities to enhance production of natural gas from gas hydrate resources on the outer Continental Shelf and on Federal lands in Alaska through the provision of other production incentives or through technical or financial assistance.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Outer Continental Shelf Lands Act, referred to in subsec. (b)(2)(A), 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. § 15909

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60