Deep Water Royalty Relief Act

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Outer Continental Shelf Deep Water Royalty Relief Act
Great Seal of the United States (obverse).svg
Other short titlesDeep Water Royalty Relief Act
Long titleAn Act to authorize and direct the Secretary of Energy to sell the Alaska Power Administration, and to authorize the export of Alaska North Slope crude oil, and for other purposes.
Acronyms (colloquial)DWRRA
Enacted bythe 104 United States Congress
EffectiveNovember 28, 1995
Citations
Public law Pub. L.   104–58 (text) (PDF)
Statutes at Large 109  Stat.   564
Codification
Acts amended Outer Continental Shelf Lands Act
U.S.C. sections amended 43 U.S.C.   § 1337
Legislative history

The United States Deep Water Royalty Relief Act (DWRRA) implemented a royalty-relief program that relieves eligible leases from paying royalties on defined amounts of deep-water petroleum production over Federal Outer Continental Shelf lands. [1] After its expiration in 2000, the DWRRA was redefined and extended to promote continued interest in deep water. [2] [3] The Minerals Management Service (MMS) defines a "deep-water" lease as having a minimum water depth of 200 meters (656 ft). [4] [5]

Contents

Under the Outer Continental Shelf Lands Act, as amended in 1978, and under the provisions of the DWRRA of 1995, relief from royalty obligations may be granted to increase production or to encourage development on certain producing or non-producing leases. [6] [7] Royalty relief may be applied to either active leases or to newly offered leases directly in their fiscal terms. [8] The primary MMS royalty relief programs include those that were required for Gulf of Mexico deepwater leases (located in water depth greater than 200 meters or 656 feet) issued in 1996–2000 under the DWRRA. [9] [10] After certain sunset provisions in the DWRRA expired in November 2000, the MMS adopted a program that provides lower amounts of royalty relief to each lease. [11] The Federal Government has also offered royalty relief incentives since 2001 for natural gas production from certain deep wells in shallow water (15,000 feet total well depth) for newly issued leases, and commenced a similar program for active shallow water leases where drilling started on or after 26 March 2003. [12] [13]

The Energy Information Administration estimates there were 18,812 billion cubic feet (Bcf) of dry natural gas proved reserves and 4,144 million barrels (658,800,000 m3) of crude oil proved reserves in the Federal Gulf of Mexico as of the end of 2004. [14] [15] About 45 percent of the natural gas proved reserves and 79 percent of the crude oil proved reserves in the Federal Gulf of Mexico are in deepwater areas, although not all of this is subject to royalty relief. [16] [17] [18] The following sections highlight provisions in several rules and regulations under which oil and natural gas production volumes may receive royalty relief.

Regulations, reports, and case law

The regulations to enforce the provisions of the Act are found in 30 CFR. [19] [20]

The United States General Accounting Office estimates that this Act will cost Billions of taxpayer dollars. [21] [22]

See also

References

  1. "Public Law 104–58 — Title III, Outer Continental Shelf Deep Water Royalty Relief Act". govinfo. U.S. Government Publishing Office. 28 November 1995. Title III may be cited as the "Outer Continental Shelf Deep Water Royalty Relief Act" and amends 43 U.S.C. §1337.
  2. "S.395 (104th): Legislative history and actions". Congress.gov. Library of Congress. Retrieved 1 November 2025. Section 304 provides for a five-year period after enactment for specified deepwater lease sales.
  3. "Royalty Relief". BOEM. U.S. Department of the Interior. Retrieved 1 November 2025.
  4. "30 CFR § 203.0 — What definitions apply to this part?". Legal Information Institute. Cornell Law School. Retrieved 1 November 2025. Eligible lease … located in water depths of 200 meters or deeper.
  5. "Deepwater in the Gulf of Mexico". BOEM. U.S. Department of the Interior. Retrieved 1 November 2025. The DWRRA defines deepwater as greater than 200 m (656 ft).
  6. "43 U.S.C. §1337 — Leasing of submerged lands and resources". Legal Information Institute. Cornell Law School. Retrieved 1 November 2025.
  7. "Public Law 104–58 — Title III". govinfo. U.S. Government Publishing Office. 28 November 1995.
  8. "30 CFR Part 203 — Relief or reduction in royalty rates". Legal Information Institute. Cornell Law School. Retrieved 1 November 2025.
  9. "Public Law 104–58 — §304 (Lease Sales)". govinfo. U.S. Government Publishing Office. Applies to lease sales within five years of enactment in specified deepwater areas of the Gulf of Mexico.
  10. "S.395 (104th): Summary". Congress.gov. Library of Congress. Retrieved 1 November 2025.
  11. "Royalty Relief". BOEM. U.S. Department of the Interior. Retrieved 1 November 2025.
  12. "Oil and Gas and Sulphur Operations in the Outer Continental Shelf; Relief or Reduction in Royalty Rates (Deep Gas)". Federal Register. U.S. Department of the Interior/MMS. 26 January 2004. Program began with lease sales in 2001; 20 Bcf royalty suspension for new deep gas reservoirs on tracts in <200 m water.
  13. "30 CFR Part 203 — Subpart A (selected provisions)". eCFR. National Archives and Records Administration. Retrieved 1 November 2025. Includes timing rules referencing drilling on or after March 26, 2003 for shallow-water deep-gas relief.
  14. "Gulf of America Federal Offshore Dry Natural Gas Proved Reserves". U.S. Energy Information Administration. Retrieved 1 November 2025. 2004 dry natural gas proved reserves = 18,812 Bcf; includes breakdown by water depth and percentage from >200 m.
  15. "Gulf of America Federal Offshore Crude Oil Proved Reserves (Million Barrels)". U.S. Energy Information Administration. Retrieved 1 November 2025. 2004 crude oil proved reserves = 4,144 million barrels.
  16. "Gulf of America Federal Offshore Dry Natural Gas Proved Reserves — Percentage from Greater than 200 Meters". U.S. Energy Information Administration. Retrieved 1 November 2025. 2004 percentage from >200 m = 45%.
  17. "Gulf of America Federal Offshore Percentage of Crude Oil Proved Reserves from Greater than 200 Meters Deep (Percent)". U.S. Energy Information Administration. Retrieved 1 November 2025. Deepwater share of oil proved reserves in mid-2000s approaches ~80%.
  18. Humphries, Marc (7 December 2007). Royalty Relief for U.S. Deepwater Oil and Gas Leases (RS22567) (Report). Congressional Research Service. Overview of DWRRA and subsequent royalty relief programs; not all deepwater reserves/production qualify for relief.
  19. "Royalty Relief for Deepwater Outer Continental Shelf Oil and Gas Leases—Conforming Regulations to Court Decision". Federal Register. U.S. Department of the Interior/MMS. 7 October 2008.
  20. "30 CFR Part 203 — Relief or reduction in royalty rates". Legal Information Institute. Cornell Law School. Retrieved 1 November 2025.
  21. Oil and Gas Royalties: Royalty Relief Will Likely Cost the Government Billions, but MMS’s Estimates Are Uncertain. GAO.gov (Report). Government Accountability Office. 27 February 2007.
  22. Oil and Gas Royalties: Litigation over Royalty Relief Could Significantly Increase Costs. GAO.gov (Report). Government Accountability Office. June 2008.