PolicyBrief
H.R. 526
119th CongressJan 16th 2025
Declaration of Energy Independence Act
IN COMMITTEE

The "Declaration of Energy Independence Act" amends the Mineral Leasing Act to reduce royalty and rental rates, adjust bidding processes, and revise noncompetitive leasing terms for onshore oil and gas development.

Andrew Ogles
R

Andrew Ogles

Representative

TN-5

LEGISLATION

Energy Independence Act Slashes Oil & Gas Lease Costs: Royalty Rates and Rents Down, Non-Competitive Leases Extended

The "Declaration of Energy Independence Act" aims to boost domestic oil and gas production by significantly altering the rules for onshore leasing. The core change? Making it cheaper and easier for companies to secure and maintain drilling rights on federal land.

Drilling Down on Costs

The bill amends the Mineral Leasing Act, impacting several key financial aspects of oil and gas leases. It lowers the royalty rate that companies pay on extracted resources to a flat 12.5% (SEC. 2). The minimum bid for leases is also slashed to just $2 per acre (SEC. 2). Furthermore, annual rental rates are set at $1.50 per acre for the first five years and $2 per acre after that (SEC. 2). These changes directly translate to lower upfront and ongoing costs for energy companies.

For example, imagine a company leasing 1,000 acres. Under the old rules, they might have faced higher royalty percentages and steeper initial bids. Now, they're looking at significantly reduced expenses, potentially freeing up capital for exploration and production – or just boosting their bottom line. A small drilling operation that was struggling to stay afloat might see this as a lifeline, allowing them to stay in business and keep their few employees on.

Non-Competitive Leases and Small Producers

The bill also revises rules for "non-competitive" leases (SEC. 2). These are leases offered on lands that didn't receive bids in a competitive auction. The act makes it easier for these leases to be issued and extended, particularly for low-volume producers (those extracting no more than 15 barrels of oil or 60,000 cubic feet of gas per day). These small producers can now maintain their leases non-competitively, avoiding the potentially costly bidding process (SEC. 2). This means that a small, family-run operation in, say, rural Oklahoma, wouldn't have to compete with larger corporations for their lease, giving them a degree of stability.

Potential Challenges and the Bigger Picture

While the bill is framed as promoting energy independence, it also raises some important questions. Lower royalty rates and minimum bids mean less revenue for the government. This could impact funding for other programs or increase the national debt. The changes to non-competitive leases, while helpful for small producers, could also be exploited. The bill sets a non-refundable application fee of at least $75 for noncompetitive leases (SEC. 2).

Additionally, the bill removes the fee for expressing interest in a lease, streamlining the application process. The bill specifies that both competitive and noncompetitive leases will have a primary term of 10 years, and they will continue as long as oil or gas is being produced in paying quantities (SEC. 2). This provides long-term certainty for leaseholders. The Secretary is also authorized to reduce royalty payments if it's deemed equitable or warranted (SEC. 2), offering further flexibility.

The "Declaration of Energy Independence Act", by lowering costs and simplifying the leasing process, undeniably incentivizes onshore oil and gas production. The long-term effects, however, will depend on how companies respond to these incentives, and how the government balances the potential economic benefits against the potential financial and environmental costs.