Sec. 25. Royalties on all extracted methane
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Except as provided in paragraph (2), royalties otherwise authorized or required under the mineral leasing laws (as that term is defined in the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1701 et seq. )) to be paid for gas shall be assessed on all gas produced under the mineral leasing laws, including— gas used or consumed within the area of the lease tract for the benefit of the lease; and all gas that is consumed or lost by venting, flaring, or fugitive releases through any equipment during upstream operations. Paragraph
(1)shall not apply with respect to— gas vented or flared for not longer than 48 hours in an acute emergency situation that poses a danger to human health; gas injected into the ground on a lease tract in order to enhance production of an oil or gas well or for some other purpose; and gas used or consumed within the area of the lease tract for the benefit of the lease when the operator is a Tribe or is controlled by a Tribe that is located entirely on the lands of such Tribe. The Mineral Leasing Act is amended— in section 14 ( 30 U.S.C. 223 ), by adding at the end the following: Notwithstanding any other provision of this Act (including this section), royalty shall be assessed with respect to oil and gas, other than gas described in section 124(a)(2) of the ; Ending Taxpayer Welfare for Oil and Gas Companies Act of 2021 , without regard to whether oil or gas is removed or sold from the leased land. in section 17 ( 30 U.S.C. 226 ), by striking removed or sold each place it appears; in section 22 ( 30 U.S.C. 251 ), by striking sold or removed ; and in section 31 ( 30 U.S.C. 188 ), by striking removed or sold each place it appears. The Outer Continental Shelf Lands Act is amended— in section 6(a)(8) ( 43 U.S.C. 1335(a)(8) ), by striking saved, removed, or sold each place it appears; and in section 8(a) ( 43 U.S.C. 1337(a) )— in paragraph (1), by striking saved, removed, or sold each place it appears; and by adding at the end the following: Notwithstanding any other provision of this Act (including this section), royalty under this Act shall be assessed with respect to oil and gas, other than gas described in section 124(a)(2) of the Ending Taxpayer Welfare for Oil and Gas Companies Act of 2021 , without regard to whether oil or gas is removed or sold from the leased land. . The provisions of this section and the amendments made by this section shall apply only with respect to leases issued on or after the date of the enactment of this Act.
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U.S. Code
- Congressional statement of findings and purposes§ 1701
- Leases; amount and survey of land; term of lease; royalties and annual rental§ 223
- Leasing of oil and gas parcels§ 226
- Leases to claimants of withdrawn lands; terms and conditions; acreage; annual rentals and royalties; fraud of claimants§ 251
- Failure to comply with provisions of lease§ 188
- Validation and maintenance of prior leases§ 1335
- Leases, easements, and rights-of-way on the outer Continental Shelf§ 1337
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Sec. 25
Royalties on all extracted methane
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