PolicyBrief
H.R. 678
119th CongressJan 23rd 2025
Expression of Interest Sensibility Act
IN COMMITTEE

The Expression of Interest Sensibility Act updates the fee structure for oil and gas lease expressions of interest on federal lands to ensure costs are covered by either the original requester or the successful bidder.

Harriet Hageman
R

Harriet Hageman

Representative

WY

LEGISLATION

Oil and Gas Leasing Update: New Fees for 'Expressions of Interest' and 5-Year Validity Periods.

The Expression of Interest Sensibility Act aims to change the rules for how companies and individuals signal their interest in drilling for oil and gas on federal land. Under current rules, if you want the government to put a specific plot of public land up for lease, you submit an 'expression of interest.' This bill introduces a mandatory fee for that request. If the land actually goes to auction, the fee must be paid—either by the person who originally asked for it (if no one else bids) or by the winning bidder. It also extends the shelf life of these requests, keeping them active for at least five years unless the land is sold sooner.

Pay to Play at the Auction

The biggest shift here is the 'who pays and when' logic. In the past, expressing interest was a low-cost way to get the Bureau of Land Management to look at a piece of land. Now, Section 2 of the bill makes it clear that interest comes with a price tag. If you’re a small independent operator looking at a plot in Wyoming, and the government puts it up for sale but no one bids, you are still on the hook for that fee. If a larger corporation outbids you, they take over the tab as part of their final payment. It’s a move designed to stop people from flooding the system with requests for land they don't actually intend to develop, but it also means smaller players have to be much more certain about their math before they even raise their hand.

The Five-Year Waiting Room

Bureaucracy moves slowly, and this bill acknowledges that by setting a five-year minimum for how long an expression of interest stays on the books. This provides a bit more predictability for energy planners. Imagine a local contractor who sees potential in a specific area; under this bill, their request won't just vanish into a desk drawer after a year. However, the bill is somewhat vague on the 'established procedures' for these submissions, leaving the Department of the Interior with a fair amount of room to set the rules. For the average person, this means the cost of doing business on federal land is going up, and the 'entry fee' for participating in these leases is becoming a permanent part of the landscape.