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entitled 'Oil And Gas Leasing: Interior Could Do More to Encourage 
Diligent Development' which was released on November 4, 2008.

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Report to Congressional Requesters: 

United States Government Accountability Office: 
GAO: 

October 2008: 

Oil And Gas Leasing: 

Interior Could Do More to Encourage Diligent Development: 

GAO-09-74: 

GAO Highlights: 

Highlights of GA0-09-74, a report to congressional requesters. 

Why GAO Did This Study: 

In 2007, the Department of the Interior (Interior) collected about 
$10.5 billion in revenues from companies that hold federal oil and gas 
leases. Interior’s Minerals Management Service manages offshore leases, 
while its Bureau of Land Management manages onshore leases and leases 
in the National Petroleum Reserve in Alaska. Acquiring a federal lease 
gives the lessee the rights to explore for and develop the oil and gas 
resources under the lease. Development entails many tasks, including 
drilling wells and building pipelines that may lead to oil and gas 
production. 

GAO agreed to (1)describe Interior’s efforts to encourage development 
of federal oil and gas leases and compare them to states’ and private 
landowners’ efforts, (2)examine trends in leasing and factors that may 
affect development, and (3) describe development on a sample of leases. 
GAO reviewed data on about 55,000 leases and spoke to officials at 
Interior and in eight states with leasing experience, among others. 

What GAO Found: 

Interior does less to encourage development of federal oil and gas 
leases than some state and private landowners. Interior officials cited 
one lease provision that may encourage development––escalating rental 
rates. For example, the rental rates for 10-year onshore federal leases 
increase from $1.50 per acre per year for the first 5 years to $2 per 
acre per year for the next 5 years. Compared to Interior, the eight 
states we reviewed undertook more efforts to encourage development on 
their oil and gas leases, using increasing rental rates as well as 
shorter lease terms and escalating royalty rates. Some states also do 
more than Interior to structure leases to reflect the likelihood of oil 
and gas production, which may encourage faster development. 
Specifically, while Interior uses varying lengths for offshore leases, 
with deeper waters receiving longer lease terms, this provision is not 
explicitly related to the expected productivity of the lease. On the 
other hand, five of the states that GAO reviewed—Alaska, Louisiana, 
Montana, New Mexico, and Texas—vary lease lengths or royalty rates to 
reflect the likelihood that the lease will produce. GAO also found that 
private landowners have used various leasing methods to encourage 
faster development, including lease terms as short as 6 months. 

Over the past 20 years, the total number of oil and gas leases Interior 
issued has varied each year but generally increased in recent years, as 
has the amount of development activity, and industry officials told GAO 
that a range of factors influence their decisions to acquire and 
develop leases. The number of offshore leases issued annually from 1987 
through 2006 had two large peaks—in 1988 and 1997—and has generally 
been increasing since 1999. Onshore leases peaked in 1988 and then 
declined until about 1992, remaining at these lower levels until about 
2003 when they increased, coinciding with rising oil and historically 
higher natural gas prices. Drilling and production activity on federal 
leases has been higher over the last 10 years than from 1987 through 
1996, but the increase has been more dramatic for onshore leases. 
Industry officials told GAO that several factors influence their 
decisions to acquire and develop federal oil and gas leases, including 
oil and gas prices; the availability and cost of equipment; the geology 
of the land underlying the lease; and regulatory issues, such as 
limitations on when drilling can occur. 

GAO’s review of data on about 55,000 offshore and onshore federal 
leases issued from 1987 through 1996––those that have exceeded their 
primary 10-year lease terms––identified three key findings regarding 
development. First, development occurred on about 26 percent of 
offshore and 6 percent of onshore leases issued during the sample 
period. Production was less frequent, with about 12 percent of offshore 
leases and 5 percent of onshore leases ultimately achieving production. 
Second, shorter leases were generally developed more quickly than 
longer leases, but not as frequently during the term of the lease. 
Finally, for those leases that eventually produced oil or gas a 
substantial amount of the initial drilling activity—about 25 percent 
onshore—took place after the scheduled expiration of the lease, 
following a lease extension. 

What GAO Recommends: 

GAO recommends that the Secretary of the Interior develop a strategy to 
evaluate options to encourage faster development of its oil and gas 
leases. Interior generally agreed with the recommendation, but 
questioned whether some actions could have potentially adverse impacts. 
GAO maintains that Interior should study these options and report on 
the results to Congress. 

To view the full product, including the scope and methodology, click on 
[hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-09-74]. For more 
information, contact Frank Rusco at (202) 512-3841 or ruscof@gao.gov. 

[End of section] 

Contents: 

Letter: 

Results in Brief: 

Background: 

Interior Does Less to Encourage Development of Federal Leases Than Some 
States and Private Landowners: 

Annual Federal Oil and Gas Leases Issued and Pace of Development Have 
Generally Increased in Recent Years; Industry Cites Several Factors 
That Influence Development: 

Development Activity in a Sample of Leases Issued from 1987 through 
1996 Varied Considerably: 

Conclusions: 

Recommendation for Executive Action: 

Agency Comments and Our Evaluation: 

Appendix I: Scope and Methodology: 

Appendix II: Comments from the Department of the Interior: 

Appendix III: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Percentage of Offshore and Onshore Leases Issued (1987 through 
1996), Drilled and Produced through 2007: 

Table 2: Offshore Leases Issued (1987 through 1996), Drilled and 
Produced through 2007: 

Table 3: Percentage of 5-Year and 10-Year Onshore Leases Issued (1987 
through 1996), Drilled and Produced through 2007: 

Table 4: Onshore Leases Issued (1987 through 1996), Drilled and 
Produced by State through 2007: 

Table 5: Development and Production during and after the Primary Term: 

Figures: 

Figure 1: Offshore Oil and Gas Leasing Activity in Federal Waters, 1987 
through 2006: 

Figure 2: Onshore Oil and Gas Leasing Activity on Federal Lands, 1987 
through 2006: 

Figure 3: Offshore Oil and Gas Drilling in Federal Waters, 1987 through 
2006: 

Figure 4: Onshore Oil and Gas Drilling on Federal Lands, 1987 through 
2006: 

Abbreviations: 

AFMSS: Automated Fluid Mineral Support System: 

APD: application for permit to drill: 

BLM: Bureau of Land Management: 

DWRRA: Deep Water Royalty Relief Act: 

LR 2000: Legacy Rehost 2000 (database): 

MMS: Minerals Management Service: 

NPR-A: National Petroleum Reserve in Alaska: 

PDS: Premier Data Services: 

TIMS: Technical Information Management System: 

[End of section] 

United States Government Accountability Office:
Washington, DC 20548: 

October 3, 2008: 

The Honorable Jeff Bingaman: 
Chairman: 
Committee on Energy and Natural Resources: 
United States Senate: 

The Honorable Nick J. Rahall, II: 
Chairman: 
Committee on Natural Resources: 
House of Representatives: 

The Honorable Steve Pearce: 
Ranking Member:
Subcommittee on Energy and Mineral Resources:
Committee on Natural Resources: 
House of Representatives: 

The Honorable Mary L. Landrieu: 
United States Senate: 

Oil and natural gas production from federal lands and waters is 
critical to meeting our nation's energy needs. This production provided 
about 31 percent of all oil and 29 percent of all natural gas produced 
in the United States in fiscal year 2007 and was valued at over $72 
billion. The Department of the Interior (Interior) manages oil and gas 
resources on federal lands and waters and offers leases to oil and gas 
companies that may develop these resources. In 2007, Interior collected 
on behalf of the federal government about $10.5 billion in bonuses, 
rents, and other revenues from companies leasing federal lands and 
waters for oil and gas exploration, development, and production. 
Interior's Minerals Management Service (MMS) manages offshore leases, 
while Interior's Bureau of Land Management (BLM) manages onshore leases 
in the lower 48 states and the National Petroleum Reserve in Alaska 
(NPR-A), a 23-million acre onshore area on Alaska's North Slope that 
was set aside in 1923 as an emergency oil supply. 

Interior's processes for issuing federal leases vary depending on 
whether they are offshore, onshore, or in the NPR-A. Leases are issued 
in some cases using a competitive process, where companies bid on 
leases and in other cases can be issued noncompetitively to interested 
parties. Leases are issued for a fixed period generally ranging from 5 
to 10 years, which is referred to as the primary term of the lease. 
Once leases are issued, lessees begin paying rent, depending on whether 
the lease is offshore, onshore, or in the NPR-A, and may take actions 
to explore for oil and gas and develop the lease. Exploratory 
activities include analyzing available geologic information and seismic 
and other testing to identify if economically viable oil and gas 
reservoirs exist underground.[Footnote 1] If companies believe that 
economically viable reservoirs exist, they may begin efforts to prepare 
for development, such as completing the environmental studies required 
to apply for permits to begin development activities. Once the permits 
are approved, the company may begin development activities, including 
building roads to the well site, drilling wells, and constructing 
platforms and any additional pipeline transportation necessary to 
transport the oil and gas to market.[Footnote 2] Both MMS and BLM 
require "reasonable diligence" in developing and producing oil and gas 
on federal leases, but neither agency has precisely defined the 
activities or time frames that constitute reasonable diligence. In the 
event that a federal lease begins producing, the lessee pays royalties 
on the oil and gas it produces in lieu of paying rent. 

Nonproducing leases expire at the end of their primary terms, but can 
be extended in certain cases. One such case is where actual drilling 
operations are being conducted at the end of the lease's primary term 
or the leases become part of a unit--an administratively combined set 
of contiguous leases that draw upon the same oil or gas reservoir. An 
area developed under a unitization agreement may provide for more 
efficient development of the reservoir, resulting in fewer wells being 
drilled and reducing disruption on the surface and impact on the 
surrounding environment for access roads and pipelines. 

Like the federal government, state governments and private landowners 
also lease land to companies for the development of oil and gas 
resources. Several states, including Alaska, Colorado, Louisiana, 
Montana, New Mexico, Texas, Utah, and Wyoming, have significant 
experience offering such leases. Similar to federal leasing processes, 
states offer various lease terms, accept bonus bids, and charge rent 
and royalties--some of which are set by law and some that state 
officials negotiate. However, state and private leases may be subject 
to fewer restrictions on development than federal leases. For example, 
federal laws, such as the National Environmental Policy Act--which 
requires analysis of the potential environmental impact of federal 
actions--do not apply to state or private leases. Private leases may be 
subject to even fewer restrictions on how leases may be structured; 
while both the federal and state governments have certain statutory and 
regulatory requirements that affect leases they issue, private 
landowners are free to individually negotiate the size and length of 
leases, bonus bids, rents, and royalty rates. 

In recent years, oil and gas activities on federal lands have drawn 
increased attention. Some have advocated increased leasing of federal 
lands that are currently unavailable for leasing, particularly in the 
Alaskan National Wildlife Refuge and off the coasts of Florida and the 
eastern and western United States. Others are concerned about the 
environmental implications of opening more areas to oil and gas 
exploration, and believe that lessees could more quickly develop the 
millions of acres of federal land that are already available and leased 
to bring oil and gas to market, thereby increasing the nation's energy 
supply. In this context, we agreed to (1) describe Interior's efforts 
to encourage development of federal oil and gas leases and compare them 
to states' and private landowners' efforts; (2) examine trends in the 
number of leases and amount of acreage leased on federal lands and 
waters, the amount of development activity on active federal leases, 
and factors that may affect the development of these leases; and (3) 
describe how development occurred on a sample of leases that have 
expired or been extended beyond their primary terms. 

To describe Interior's efforts to encourage development on federal oil 
and gas leases, we reviewed federal laws and regulations and 
interviewed knowledgeable officials with BLM, MMS, states, and industry 
groups. To compare states' and private landowners' efforts to encourage 
development on lands they lease, we collected selected information 
about state leasing of land for oil and gas in eight states with 
significant oil and gas resources and oil and gas leasing experience-- 
Alaska, Colorado, Louisiana, Montana, New Mexico, Texas, Utah, and 
Wyoming--and a private landowners' association. We did not conduct 
detailed examinations of states' laws and related regulations. To 
examine trends in leasing and development, we collected leasing 
statistics from Interior's Public Land Statistics and obtained leasing, 
and production, information from MMS's Technical Information Management 
System. To identify factors that affect development, we interviewed 
knowledgeable officials with BLM and MMS, representatives from the 
eight states with significant oil and gas leasing experience that we 
examined, representatives from industry with experience developing 
federal oil and gas leases, and officials from an association of 
private landowners involved with leasing land for oil and gas 
development. To describe how development occurred on a sample of 
leases, we selected a sample comprising nearly all federal oil and gas 
leases issued during a period spanning 1987 through 1996--leases that 
had expired or been extended beyond their primary terms. We used BLM 
and MMS information systems that contain data on leases and wells to 
track their development through 2007. For onshore leases, we included 
federal leases issued in six states--Colorado, Montana, New Mexico, 
Nevada, Utah, and Wyoming--which together accounted for 82 percent of 
federal onshore leases issued during this time frame. We examined if 
and when drilling or production occurred on each lease issued during 
the sample period and whether the lease expired or was extended. We did 
not analyze trends for the NPR-A because only 411 leases have been 
issued and 30 wells have been drilled there since BLM began issuing 
leases there in 1999--too few to establish any clear trends. 

To evaluate the reliability of the data used in this review, we 
performed electronic and logic testing, traced a sample of lease 
records to the source documents, and interviewed knowledgeable 
officials about the data elements and systems. Based on this work, we 
determined that the data were sufficiently reliable for our reporting 
purposes. We conducted this performance audit from January 2008 to 
August 2008 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. Appendix I 
contains additional information on our scope and methodology. 

Results in Brief: 

Interior does less to encourage development of federal leases than some 
state and private landowners. According to Interior officials, federal 
oil and gas leases contain one provision--escalating rental rates-- 
which may encourage development. For example, the rental rates for 
onshore federal leases increase from $1.50 per acre per year for the 
first 5 years to $2 per acre per year, or 33 percent, for years 6 
through 10. Compared to Interior, states undertake more efforts to 
encourage faster development of land leased for oil and gas production. 
Specifically, state officials in the eight states that we reviewed told 
us that in addition to using escalating rental rates, states undertake 
additional efforts, including shorter primary lease terms and 
escalating royalty rates. For example, to provide a greater financial 
incentive, the state of Texas allows lessees to pay a 20 percent 
royalty rate for the life of the lease if production occurs in the 
first 2 years of the lease, as compared to 25 percent if production 
occurs after the fourth year. In addition, some states do more than 
Interior to structure leases to reflect the likelihood of oil and gas 
production, which state officials told us may also encourage faster 
development. For example, while Interior uses varying primary terms for 
offshore leases, depending on water depth, with leases in deeper waters 
receiving longer primary lease terms, this is not explicitly related to 
the expected productivity of these leases. Five of the states that we 
reviewed--Alaska, Louisiana, Montana, New Mexico, and Texas--vary lease 
lengths or royalty rates to explicitly reflect the state's view of the 
likelihood of discovery of economic oil and gas resources. For example, 
officials in New Mexico can issue shorter leases and can require 
lessees to pay higher royalties for properties that are in or near 
known producing areas, and allow longer leases and lower royalty rates 
in areas believed to be more speculative. We also found that private 
landowners can do more than Interior to encourage development on oil 
and gas leases. According to an official from an association of private 
landowners involved in leasing land for development of oil and gas 
resources, private landowners have also used various leasing methods to 
encourage faster development, including using lease terms as short as 6 
months. 

Over the past 20 years, the total number of oil and gas leases Interior 
issued competitively and noncompetitively each year has varied but 
generally increased in recent years, as has the amount of development 
activity, and industry officials told us that a range of factors 
influence their decisions to acquire and develop leases. The annual 
number of offshore leases issued from 1987 through 2006 had two large 
peaks--in 1988 and 1997--and has generally been increasing since 1999. 
During this same time frame, the number of onshore leases issued 
annually peaked in 1988, then declined until about 1992 and remained at 
these lower levels until about 2003. From 2003 through 2007, the annual 
number of onshore oil and gas leases increased, coinciding with rising 
oil and historically higher natural gas prices. Drilling and production 
activity on an annual basis on federal leases has been higher over the 
last 10 years than from 1987 through 1996, but the increase has been 
more dramatic for onshore leases. Industry officials told us that 
several key factors influence their decisions to acquire and develop 
federal oil and gas leases, including business considerations, such as 
prices of oil and gas; the availability and cost of equipment; the 
geology of the land underlying the lease, including the location and 
access to known oil and gas resources; and relevant regulatory issues, 
such as limitations on when drilling can occur. These sources also 
noted that improvements in technologies in recent years have improved 
their ability to develop resources that are harder to access. 

Our review of detailed data on about 55,000 offshore and onshore 
federal leases issued from 1987 through 1996--those that have exceeded 
their primary terms--identified three key findings regarding 
development. First, we found that development occurred on about 26 
percent of offshore and 6 percent of onshore leases issued during the 
sample period, either during their primary terms or during periods in 
which they had been extended. A smaller proportion of leases, about 12 
percent of offshore leases and 5 percent of onshore leases, ultimately 
achieved production. Some of these leases may have no wells located on 
them but were considered to be producing because they were part of a 
unit that was producing. Second, leases with shorter primary terms were 
generally developed more quickly than longer leases, but not as 
frequently, during the primary term of the lease. Specifically, we 
found that competitively issued leases with 5-year primary lease terms 
were associated with faster development than competitively issued 
leases with 10-year primary terms, but shorter leases were also 
associated with different overall development rates for offshore and 
onshore leases. In particular, for offshore leases, we found that 
shorter leases--issued for shallow waters, which are considered to be 
easier to explore--were developed faster and more frequently. In 
contrast, competitively issued onshore leases with 5-year terms--which 
were issued from 1987 through 1992--were generally developed faster but 
less often than competitively issued leases with 10-year terms--which 
were offered from 1992 through 1996. Noncompetitively issued leases, 
all of which have 10-year primary terms and were issued over the entire 
period of our sample, 1987 through 1996, were the least likely to be 
developed in either period. Third, for those leases that eventually 
produced oil or gas, a substantial amount of the initial drilling 
activity--about 7 percent for offshore and about 25 percent for 
onshore--took place after the scheduled expiration of the lease, 
following a lease extension or suspension. 

We recognize that federal leases may have important restrictions on 
development activity that do not apply to the same extent for state or 
private leases. Nonetheless, the general lack of variation from the 10- 
year statutory primary lease term for federal onshore leases, 
regardless of the perceived likelihood of significant oil and gas 
deposits, as well as the lack of other efforts to encourage faster 
development of federal leases raise the question of whether some of the 
measures used by states or private landowners could effectively be used 
to encourage faster development of some federal leases. Therefore, we 
are recommending that the Secretary of the Interior develop a strategy 
to evaluate options to encourage faster development of oil and gas 
leases on federal lands, including determining whether methods to 
differentiate between leases according to the likelihood of finding 
economic quantities of oil or gas and whether some of the other methods 
states use could effectively be employed, either across all federal 
leases or in a targeted fashion. In so doing, Interior should identify 
any statutory or other obstacles to using such methods and report the 
findings to Congress. Interior generally agreed with the 
recommendation, but questioned whether some actions could have 
potentially adverse impacts. GAO maintains that Interior should study 
these options and report on the results to Congress. 

Background: 

Interior, created by Congress in 1849, oversees and manages the 
nation's publicly owned natural resources, including parks, wildlife 
habitat, and crude oil and natural gas resources on millions of acres 
offshore in the waters of the Outer Continental Shelf and onshore. The 
Outer Continental Shelf Lands Act and the Deep Water Royalty Relief Act 
(DWRRA),[Footnote 3] as amended, give Interior responsibility for 
leasing approximately 1.76 billion acres offshore and collecting 
royalties associated with both onshore and offshore oil and gas 
production. The Mineral Leasing Act of 1920 charges Interior with the 
responsibility for oil and gas leasing on federal and private lands 
where the federal government has retained mineral rights. Interior's 
BLM is responsible for managing approximately 700 million mineral 
onshore acres, which include the acreage leased for oil and gas 
development.[Footnote 4] BLM is also responsible for managing the 
approximately 23 million acres of land in the NPR-A in the North Slope 
of Alaska. The Naval Petroleum Reserve Protection Act of 1976 governs 
federal oil and gas leasing in the NPR-A. Together these statutes are 
the basis for the current leasing framework for oil and gas leasing. 

Interior's processes for issuing federal leases vary depending on 
whether they are offshore, onshore, or in the NPR-A. Specifically: 

* For offshore leases, every 5 years, Interior selects the areas it 
will offer for leasing and establishes a schedule for individual lease 
offerings. These leases are offered for competitive bidding, and all 
eligible companies are invited to submit written sealed bids, referred 
to as bonus bids, for the rights to explore, develop, and produce oil 
and gas resources on these leases, including drilling test wells. These 
rights last for a set period of time, referred to as the primary term 
of the lease, which may be 5, 8, or 10 years, depending on the water 
depth. After the bids are received, MMS estimates the fair market value 
of each lease, and this estimate becomes the minimally acceptable bid. 
The bidder that submits the highest bonus bid that meets or exceeds 
MMS's estimate of the fair market value of a lease is awarded the 
lease. In the event that no bid is received or no bids equal or exceed 
the fair market value estimate, MMS may choose to withdraw the lease-- 
possibly offering it again at a future date. 

* For onshore leases, BLM offers parcels of land nominated by industry 
and the public as well as some it identifies. Like MMS, BLM offers 
leases through a competitive bidding process; however, bonus bids are 
received in an oral auction rather than in a sealed written form, and 
BLM does not separately estimate a minimally acceptable bid for each 
lease. Instead, by law, it requires a uniform national minimum 
acceptable bid of $2 per acre.[Footnote 5] If BLM receives any bids on 
an offered lease, the lease is awarded to the highest qualified bidder. 
Onshore leases that do not receive any bids in the initial offer are 
offered noncompetitively the day after and remain available for leasing 
for a period of 2 years after the competitive lease sale. Any of these 
available leases may be acquired noncompetitively on a first-come, 
first-served basis. Prior to 1992 BLM offered primary terms of 5 years 
for competitively sold leases and 10 years for leases issued 
noncompetitively. Since 1992, BLM has been required by law to only 
offer leases with 10-year primary terms whether leases are sold 
competitively or issued noncompetitively.[Footnote 6] 

* For leases in the NPR-A, BLM oversees this process and offers leases 
competitively, with bonus bids submitted in a written, sealed bid form. 
Like offshore leases, they are subject to an economic evaluation of 
fair market value, which is also completed by MMS personnel who have 
experience developing such analyses for offshore leases. Leases that do 
not receive acceptable minimum bids may be offered in future 
competitive sales but cannot be acquired noncompetitively as can other 
onshore leases. NPR-A leases have 10-year primary terms. 

For all competitively issued leases, the winning bidder becomes the 
lessee and must pay Interior the amount of the bonus bid. The lessee 
then pays a fixed amount of rent each year until the lease begins 
producing or the lease expires. For leases issued noncompetitively, 
lessees do not pay a bonus bid but do pay rent. Once issued, lessees 
may take actions to explore for oil and gas and develop the lease. 
Exploratory activities include analyzing available geologic information 
and seismic and other testing to identify if economically viable oil 
and gas reservoirs exist underground.[Footnote 7] If companies believe 
that economically viable reservoirs exist, they may begin efforts to 
prepare for development, such as completing the environmental studies 
required to apply for permits to begin development activities. Once the 
permits are approved, companies may begin development activities, 
including building roads to the well site, drilling wells, and 
constructing platforms and any additional pipeline transportation 
necessary to transport the oil and gas to market.[Footnote 8] 

Both MMS and BLM require "reasonable diligence" in developing and 
producing oil and gas on federal leases, but neither agency has 
precisely defined the activities or time frames that constitute 
reasonable diligence. If lessees want to develop leases, some 
requirements apply. For example, for offshore leases MMS requires 
lessees to submit exploration and development plans for approval. As 
such, federal oil and gas leaseholders, in general, are not required to 
take actions to develop a lease during the primary term. The only 
specific development requirement that Interior officials identified is 
that Interior requires lessees of 8-year leases in the Gulf of Mexico-
-those in water depths from 400 to 800 meters--to drill before the end 
of the fifth year; otherwise, the lease terminates. 

In the event that a federal lease begins producing, the lessee pays 
royalties on the oil and gas it produces in lieu of paying rent. 
Royalty rates for leases issued in 2007 were 16.67 percent for 
offshore, 12.5 percent for onshore, and 12.5 percent or 16.67 percent 
for NPR-A.[Footnote 9] A productive lease remains in effect and the 
lessee can continue to produce oil and gas until the lease is no longer 
capable of producing in paying quantities, regardless of the length of 
the primary term. 

Federal leases generally expire after the primary term unless the 
lessee is currently drilling a well or is producing oil and gas in 
commercial quantities. After companies establish production, the lessee 
can continue to produce oil and gas from the lease beyond the primary 
term until the lease is no longer productive. If production ceases 
after the end of the primary term, the lease generally terminates; 
however, under certain conditions, nonproducing leases may be 
temporarily extended while lessees perform actions such as drilling 
additional wells, treating the underground geologic formation to 
improve flow of oil or gas, and performing repairs needed to resume 
production. By regulation, offshore leases are held automatically for 
180 days after last production or any other lease-holding operation 
ceases.[Footnote 10] For onshore leases, regulations state that if 
actual drilling operations began prior to the end of the primary term 
and are being diligently pursued, the lease may be extended for up to 2 
years. Under certain conditions, nonproducing leases may be extended 
past their primary terms. 

* Nonproducing leases that are part of a unit that is actively being 
drilled or producing can be extended. Lessees can request that BLM or 
MMS administratively combine contiguous leases in a single grouping 
called a unit for the purposes of jointly exploring and developing an 
underlying oil or gas reservoir. Unitization can help companies more 
efficiently explore and develop oil and gas as they then share access 
roads and pipelines and may drill fewer wells. This also reduces the 
disruption on the surface and the impact on the surrounding 
environment. BLM and MMS require geological justification for combining 
these leases. According to officials, BLM may also require holders of 
contiguous leases to unitize to reduce environmental impact. In 2007, 
BLM reported more that 1,393 active units onshore and MMS reported 215 
active units offshore. For leases that were extended because they were 
unitized, Interior generally establishes drilling requirements. For 
offshore leases, lessees must receive MMS approval of a drilling 
schedule. For onshore leases, BLM generally requires that a well be 
drilled somewhere on the unit every 6 months until the extent of the 
producing reservoir is fully known or the unit is terminated. If 
drilling does not occur on this schedule, Interior terminates the unit 
agreement and leases that were in the unit are extended for up to 2 
years past their primary term. 

* Nonproducing leases can be extended if the lease is being actively 
drilled prior to the expiration date. For offshore leases, regulations 
require that lessees must be conducting operations on the lease at the 
end of the primary term to receive an extension. If the lease is 
extended past the end of its primary term for this reason and drilling 
operations cease without achieving production, Interior can immediately 
terminate the lease. For onshore leases, regulations require that if 
actual drilling operations were commenced prior to the end of the 
primary term and are being diligently pursued, the lease may be 
extended for up to 2 years. 

* Nonproducing leases can be suspended if the company needs to 
temporarily cease operations under circumstances beyond its control, 
for example, during hurricanes that force operators to stop drilling 
operations for safety reasons. However, while a suspension does not 
extend the lease but rather stops the clock on the primary term, it 
does extend the period during which the company has exclusive access to 
the lease area. To obtain a suspension, operators must provide 
sufficient proof of need to Interior. 

* Nonproducing leases in the NPR-A can be renewed or extended. NPR-A 
leases may be renewed for 10 years with a onetime $100 per acre fee and 
if Interior determines that the lessee has diligently pursued 
exploration that warrants further exploration or future development 
success, or all or a part of the lease remains as part of a unit 
agreement covering a lease that qualifies for renewal. NPR-A leases can 
be extended further if BLM determines that the lease is capable of 
producing or if the operator is conducting BLM-approved drilling or 
reworking operations. Nevertheless, NPR-A leases may only be held for a 
maximum of 30 years without production unless BLM suspends the lease 
because the operator failed to produce oil or gas because of 
circumstances beyond its control, such as severe weather or drilling 
equipment being unavailable. 

Interior Does Less to Encourage Development of Federal Leases Than Some 
States and Private Landowners: 

Interior does less to encourage development of federal leases than some 
states and private landowners. Federal leases contain one provision-- 
increasing rental rates over time for offshore 5-year leases and 
onshore leases--to encourage development. State governments also use 
escalating rental rates, but undertake additional efforts to encourage 
lessees to develop oil and gas leases more quickly, including shorter 
lease terms and graduated royalty rates. In addition, compared to 
limited federal efforts, some states do more to structure leases to 
reflect the likelihood of oil and gas production, which may also 
encourage faster development. Based on the limited information 
available on private leases, private landowners also use similar tools 
to encourage development. 

Interior Uses Escalating Rental Rates to Encourage Development on Some 
Leases: 

According to Interior officials, federal leases allow for holders to 
determine which, if any, leases to develop, and whether to develop them 
during the primary term. However, these officials also noted that 
leases issued by Interior contain one key provision--escalating rental 
rates--that may encourage development. For example, for some offshore 
leases in shallow waters--those less than 400 meters in depth and 
issued with 5-year primary terms--the rental rates can escalate and, in 
some cases, eventually double.[Footnote 11] For some of these shallow 
water leases--those in water depths up to 200 meters--rental rates rise 
per acre per year from $6.25 in the first five years to $12.50 in the 
sixth year of the lease, $18.75 in the seventh year, and $25 in the 
eighth year. For other shallow water leases--those in water depths from 
200 meters to less than 400 meters--rental rates per acre per year rise 
from $9.50 for the first five years of the lease to $19 for the sixth 
year, $28.50 in the seventh year, and $38 in the eighth year. Interior 
also uses this same approach for onshore leases, though it is applied 
differently. Onshore federal leases increase from $1.50 per acre per 
year for the first 5 years to $2 per acre per year, or 33 percent, for 
years 6 through 10. Therefore, lessees that do not reach production 
during the first 5 years must pay the federal government more in annual 
rent to retain the lease beyond the initial 5 years of the 10-year 
primary term. 

States Undertake More Efforts to Encourage Faster Development of Leases 
of State Land Than Interior and Structure Leases to Reflect the 
Likelihood of Finding Oil and Gas: 

Like Interior, four of the eight states we reviewed also use escalating 
rental rates, to encourage faster development of land leased for oil 
and gas production. However, unlike Interior, states undertake 
additional efforts, including using shorter lease lengths and graduated 
royalty rates to encourage faster development of land leased for oil 
and gas production. 

Escalating rental rates. State officials in four of the eight states we 
reviewed--Alaska, Montana, New Mexico, and Texas--said that they 
increase rental rates to encourage exploration and development. We 
found that all eight states' rental rates varied widely, generally 
ranging from $1 to $25 per acre per year, as did their methods for 
setting rental rates. State officials in the four states with graduated 
rental rates told us that they increase the rental rates--in some cases 
dramatically--at certain intervals. Officials in these four states said 
that they usually initially charge from $1 to $5 per acre per year and 
increase the rates generally after the third or fifth year of the 
lease. In two of these states, New Mexico and Texas, the amount of the 
increase in the rental rates significantly exceeds the increases 
imposed on federal onshore leases. New Mexico doubles the rental fee 
for the second 5 years of leases issued under 10-year primary terms if 
the leases have not begun producing within the first 5 years. Texas 
increases the rental rate for onshore leases from $5 per acre per year 
to $25 per acre per year if the lease is not developed by the end of 
the third year--a 500 percent increase compared to Interior's 33 
percent increase. Of the eight states we reviewed, five stop charging 
rental fees on leases after production is achieved; however, Colorado, 
New Mexico, and Wyoming charge a rental fee throughout the life of the 
lease. 

Shorter lease terms. Officials from all states we reviewed told us that 
these states use primary lease terms that are similar to, or shorter 
than, federal leases. State officials told us that they believed that 
shorter lease terms encourage lessees to develop oil and gas resources 
more quickly. All of the states we examined allow shorter leases than 
the federal government does for onshore leases. For example, Louisiana 
and Texas issue 3-year onshore leases versus the federal government's 
10-year onshore lease term. 

Graduated royalty rates. One state we reviewed, Texas, uses graduated 
royalty rates to encourage quicker development of leases it issues. 
Specifically, Texas charges a 20 percent royalty rate for the life of 
the lease if production is achieved within the first 2 years of the 
lease. If development occurs in the third or fourth years of the lease, 
rates increase to 22.5 percent. If development occurs after the fourth 
year, royalties rise to 25 percent. This lease provision allows a 
lessee to "earn" a lower fixed royalty rate for the life of lease by 
more rapidly developing it. 

Some States Do More to Structure Lease Lengths and Royalty Rates Based 
on the Likelihood of Oil and Gas Production Than Interior: 

Compared to limited federal efforts, some states do more to structure 
lease lengths and royalty rates based on the likelihood of oil and gas 
production, which may also encourage faster development. Interior's 
efforts to structure federal leases to reflect the perceived likelihood 
of discovering oil and gas are limited to three key provisions. First, 
Interior's estimate of the fair market value of a lease and the minimum 
acceptable bid reflects Interior's knowledge of the oil and gas 
resources underlying the lease and costs of producing them. Second, 
offshore lease terms vary by water depth, although this is not 
explicitly related to the expected productivity of these leases. 
Specifically, offshore leases are issued for 5 years for areas less 
than 400 meters in depth, 8 years for areas 400 to 800 meters, and 10 
years for areas greater than 800 meters, whereas all onshore leases are 
issued for 10 years. According to Interior officials, shallower waters 
are more mature and have already been thoroughly explored, and as a 
result, more is known about the likelihood of discovering oil and gas. 
Officials also noted that many shallow water areas may be easier to 
drill and may be near existing pipeline infrastructure and therefore 
can reach production more quickly. However, by law Interior cannot vary 
lease lengths to reflect the perceived likelihood of finding oil or 
gas. Third, in the NPR-A, Interior uses higher rental rates and higher 
royalty rates in areas where Interior has determined that there is a 
high likelihood of finding oil and gas. Specifically, rental rates in 
areas considered highly likely to contain oil or gas are $5 per acre 
per year, compared to $3 per acre per year for other NPR-A leases. In 
addition, royalty rates in these areas that are more likely to produce 
are 16.67 percent compared to the standard rate of 12.5 percent. 

Some states do more to structure lease lengths and royalty rates based 
on the likelihood of oil and gas production, which may also encourage 
faster development. Five of the eight states we reviewed--Alaska, 
Louisiana, Montana, New Mexico, and Texas--structure leases to 
explicitly reflect the state's view of the likelihood of discovery of 
economic oil and gas resources. For example, New Mexico links its view 
of the likelihood of discovering oil and gas on the lease to variations 
in primary lease term and the royalty rate. Specifically, New Mexico's 
current oil and gas leasing program identifies oil and gas lands as 
restricted--known to have oil and gas resources located on them, or 
unrestricted--not known to have oil and gas resources. Oil and gas 
leases are further divided into categories ranging from the most 
speculative to the most likely to have economic production, 
specifically: 

1. Exploratory leases: Ten-year leases issued for exploration outside 
of the restricted area, and 5-year exploratory leases issued for 
exploration within the restricted area, with both leases having a 12.5 
percent royalty rate. 

2. Discovery leases: Five-year leases issued for drilling within the 
restricted area with a 16.67 percent royalty rate. 

3. Development leases: Five-year leases issued for development drilling 
inside the restricted area along established, productive trends, with 
either an 18 percent or 20 percent royalty rate. 

Utah also structures lease terms depending on its view of the potential 
of discovering oil and gas. One Utah state official told us that while 
the state has 12.50 percent as the statutory minimum royalty rate, they 
typically incorporate a minimum 16.67 percent royalty rate into leases 
of land within 1 mile of known oil or gas production. In addition, the 
state has the option to lease land outside its normal competitive 
leasing process--which could result in even higher returns for the 
state--if a lessee proposes to pay a higher royalty rate or a higher 
bonus. 

Officials in several states told us that they vary the lease lengths to 
reflect the perceived likelihood of discovery of oil or gas. For 
example, Louisiana and Texas allow 3-year and even shorter leases; all 
eight states allow 5-year leases; Alaska allows 7-year leases; and 
Alaska, Montana, and New Mexico also use 10-year leases--based on their 
perception of the likelihood of discovery of oil or gas. Louisiana uses 
a unique approach, allowing companies to propose the lease terms, which 
the state either accepts or rejects based on what state officials 
believe is most advantageous to the state. A Louisiana official stated 
that they sometimes receive and accept proposals for lease terms that 
are shorter than 1 year. Meanwhile, Texas typically uses 3-to 5-year 
leases for onshore leases, including leases of land under rivers, at 3 
years, and 5 years for offshore leases. However, the lease lengths can 
be as short as 3 months. Officials told us that areas they consider 
most likely to contain oil and gas are generally leased for shorter 
periods. 

State officials noted that state leases may be easier to develop more 
quickly than federal leases because the land may not be subject to as 
many requirements. For example, state leases may have fewer 
restrictions on development activity, simpler permitting requirements 
for development, and fewer restrictions on when companies can operate 
on a lease related to wildlife preservation or environmental 
considerations. 

Limited Information Available Indicates That Private Landowners Use 
Several Approaches to Encourage Development of Leases on Private Land: 

Information about leases on private lands is proprietary and therefore 
generally not publicly available, but officials from one private 
landowners' association told us that they too are using shorter lease 
terms, ranging from as little as 6 months to 3 years, to ensure that 
lessees are diligent in developing any potential oil and gas resources 
on their land.[Footnote 12] These officials told us that nationally, 
landowners' leases average 3 years but may range from 6 months to 5 
years, generally 3 years in more active areas and 5 years with the 
option of a 5-year extension in less active areas or new areas of 
exploration. Some owners are also including an option in the leases to 
break them if they feel that the lessees are not diligent about 
drilling. In addition, one official stated that landowners in western 
Colorado have begun dividing leases into smaller sections and leasing 
them on an incremental basis to ensure that lessees can or will drill. 

Private landowners may be subject to some federal or state regulatory 
requirements that put constraints on how and when companies can develop 
these private lands. For example, the Endangered Species Act applies to 
all U.S. lands, and private landowners are generally required to take 
appropriate steps to avoid significant habitat modification of an 
endangered species. 

Annual Federal Oil and Gas Leases Issued and Pace of Development Have 
Generally Increased in Recent Years; Industry Cites Several Factors 
That Influence Development: 

Over the past 20 years, the annual number of leases issued on federal 
lands and waters for oil and gas and development has varied but 
generally increased in recent years. Furthermore, development of 
federal leases has generally increased. Oil and gas industry officials 
indicate that several factors influence their decisions regarding 
development of federal leases, including business considerations, 
geologic properties of the land, and regulatory requirements. 

Leasing of Federal Land for Oil and Gas Development Has Varied Both 
Offshore and Onshore, but Both Have Modestly Increased in Recent Years: 

The number of federal oil and gas leases issued has generally increased 
in recent years, but offshore and onshore leasing have followed 
different historical patterns. Specifically, offshore leases issued, as 
shown in figure 1, peaked in 1988 and 1997 and have generally been 
rising since 1999. 

Figure 1: Offshore Oil and Gas Leasing Activity in Federal Waters, 1987 
through 2006: 

[See PDF for image] 

This figure is a combination line and vertical bar graph depicting the 
following data: 

Offshore Oil and Gas Leasing Activity in Federal Waters, 1987 through 
2006: 

Year: 1987; 
Offshore leases issued: 640; 
Offshore acres issued (in millions): 3.45 million. 

Year: 1988; 
Offshore leases issued: 1,621; 
Offshore acres issued (in millions): 8.84 million. 

Year: 1989; 
Offshore leases issued: 1,049; 
Offshore acres issued (in millions): 5.58 million. 

Year: 1990; 
Offshore leases issued: 825; 
Offshore acres issued (in millions): 4.26 million. 

Year: 1991; 
Offshore leases issued: 676; 
Offshore acres issued (in millions): 3.41 million. 

Year: 1992; 
Offshore leases issued: 204; 
Offshore acres issued (in millions): 1.02 million. 

Year: 1993; 
Offshore leases issued: 336; 
Offshore acres issued (in millions): 1.71 million. 

Year: 1994; 
Offshore leases issued: 560; 
Offshore acres issued (in millions): 2.78 million. 

Year: 1995; 
Offshore leases issued: 835; 
Offshore acres issued (in millions): 4.34 million. 

Year: 1996; 
Offshore leases issued: 1,556; 
Offshore acres issued (in millions): 8.25 million. 

Year: 1997; 
Offshore leases issued: 1,782; 
Offshore acres issued (in millions): 9.65 million. 

Year: 1998; 
Offshore leases issued: 1,185; 
Offshore acres issued (in millions): 6.43 million. 

Year: 1999; 
Offshore leases issued: 333; 
Offshore acres issued (in millions): 1.77 million. 

Year: 2000; 
Offshore leases issued: 555; 
Offshore acres issued (in millions): 2.93 million. 

Year: 2001; 
Offshore leases issued: 942; 
Offshore acres issued (in millions): 5.01 million. 

Year: 2002; 
Offshore leases issued: 804; 
Offshore acres issued (in millions): 4.19 million. 

Year: 2003; 
Offshore leases issued: 9,557; 
Offshore acres issued (in millions): 5.03 million. 

Year: 2004; 
Offshore leases issued: 888; 
Offshore acres issued (in millions): 4.69 million. 

Year: 2005; 
Offshore leases issued: 989; 
Offshore acres issued (in millions): 5.24 million. 

Year: 2006; 
Offshore leases issued: 763; 
Offshore acres issued (in millions): 4.12 million. 

Source: Department of the Interior. 

[End of figure] 

The annual number of onshore leases issued, as shown in figure 2, 
peaked in 1988, then rapidly declined until about 1992, and remained at 
these lower levels until about 2003, when it began to increase 
modestly. 

Figure 2: Onshore Oil and Gas Leasing Activity on Federal Lands, 1987 
through 2006: 

[See PDF for image] 

This figure is a combination line and vertical bar graph depicting the 
following data: 

Onshore Oil and Gas Leasing Activity in Federal Waters, 1987 through 
2006: 

Year: 1987; 
Onshore leases issued: 7,247; 
Onshore acres issued (in millions): 7.43 million. 

Year: 1988; 
Onshore leases issued: 9,234; 
Onshore acres issued (in millions): 12.22 million. 

Year: 1989; 
Onshore leases issued: 8,352; 
Onshore acres issued (in millions): 7.81 million. 

Year: 1990; 
Onshore leases issued: 6,552; 
Onshore acres issued (in millions): 5.51 million. 

Year: 1991; 
Onshore leases issued: 5,465; 
Onshore acres issued (in millions): 4.44 million. 

Year: 1992; 
Onshore leases issued: 3,999; 
Onshore acres issued (in millions): 3.18 million. 

Year: 1993; 
Onshore leases issued: 4,040; 
Onshore acres issued (in millions): 3.18 million. 

Year: 1994; 
Onshore leases issued: 4,159; 
Onshore acres issued (in millions): 3.81 million. 

Year: 1995; 
Onshore leases issued: 4,520; 
Onshore acres issued (in millions): 3.87 million. 

Year: 1996; 
Onshore leases issued: 3,375; 
Onshore acres issued (in millions): 2.52 million. 

Year: 1997; 
Onshore leases issued: 4,180; 
Onshore acres issued (in millions): 3.47 million. 

Year: 1998; 
Onshore leases issued: 4,105; 
Onshore acres issued (in millions): 3.60 million. 

Year: 1999; 
Onshore leases issued: 3,075; 
Onshore acres issued (in millions): 3.60 million. 

Year: 2000; 
Onshore leases issued: 2,909; 
Onshore acres issued (in millions): 2.65 million. 

Year: 2001; 
Onshore leases issued: 3,289; 
Onshore acres issued (in millions): 4.00 million. 

Year: 2002; 
Onshore leases issued: 2,384; 
Onshore acres issued (in millions): 2.81 million. 

Year: 2003; 
Onshore leases issued: 2,022; 
Onshore acres issued (in millions): 2.06 million. 

Year: 2004; 
Onshore leases issued: 2,699; 
Onshore acres issued (in millions): 4.16 million. 

Year: 2005; 
Onshore leases issued: 3,514; 
Onshore acres issued (in millions): 4.31 million. 

Year: 2006; 
Onshore leases issued: 3,746; 
Onshore acres issued (in millions): 4.39 million. 

Source: Department of the Interior. 

[End of figure] 

According to MMS officials, these trends, in part, reflect changes in 
oil and gas prices. Specifically, the officials told us that at the 
beginning of our time frame, 1987 through 1988, onshore and offshore 
leasing typically reflected both oil and gas prices. However, offshore 
trends have since come to more closely reflect oil prices, while 
onshore trends have come to more closely reflect natural gas prices. 

Development of Federal Leases Has Generally Increased: 

Annual drilling and production activity has been generally higher over 
the last 10 years than from 1987 through 1996 for both offshore and 
onshore leases. As shown in figure 3, annual drilling activity in 
offshore leases has been highly variable but has generally increased 
since 2002, a period during which oil prices rose significantly. 
Offshore drilling activity increased significantly from 1991 through 
1997, had fallen significantly through 2002, and then began to increase 
again. The initial increase in wells with an active drilling status in 
1996 coincides with increased oil and gas drilling in deep waters of 
the Gulf of Mexico. The increase in wells completed after 2002 occurred 
during a period of generally increasing oil and gas prices. 

Figure 3: Offshore Oil and Gas Drilling in Federal Waters, 1987 through 
2006: 

[See PDF for image] 

This figure is a line graph depicting the following data: 

Year: 1987; 
Number of wells in active drilling: 142. 

Year: 1988; 
Number of wells in active drilling: 116. 

Year: 1989; 
Number of wells in active drilling: 123. 

Year: 1990; 
Number of wells in active drilling: 120. 

Year: 1991; 
Number of wells in active drilling: 64. 

Year: 1992; 
Number of wells in active drilling: 104. 

Year: 1993; 
Number of wells in active drilling: 129. 

Year: 1994; 
Number of wells in active drilling: 117. 

Year: 1995; 
Number of wells in active drilling: 124. 

Year: 1996; 
Number of wells in active drilling: 212. 

Year: 1997; 
Number of wells in active drilling: 268. 

Year: 1998; 
Number of wells in active drilling: 175. 

Year: 1999; 
Number of wells in active drilling: 219. 

Year: 2000; 
Number of wells in active drilling: 230. 

Year: 2001; 
Number of wells in active drilling: 153. 

Year: 2002; 
Number of wells in active drilling: 143. 

Year: 2003; 
Number of wells in active drilling: 204. 

Year: 2004; 
Number of wells in active drilling: 197. 

Year: 2005; 
Number of wells in active drilling: 242. 

Year: 2006; 
Number of wells in active drilling: 209. 

Source: Department of the Interior. 

Note: Annual data on applications to drill and well completions are not 
available for offshore leases. 

[End of figure] 

However, as shown in figure 4, the increase has been more dramatic for 
onshore leases. Since 1999, a rapid increase is evident in applications 
for permits to drill (APD) wells, in wells started, and in wells 
completed. 

Figure 4: Onshore Oil and Gas Drilling on Federal Lands, 1987 through 
2006: 

[See PDF for image] 

This figure is a multiple line graph depicting the following data: 

Year: 1987; 
Number of Onshore APDs approved: 1,486; 
Number of Onshore wells started: 1,023; 
Number of Onshore wells completed: 1,112. 

Year: 1988; 
Number of Onshore APDs approved: 1,772; 
Number of Onshore wells started: 1,526; 
Number of Onshore wells completed: 988. 

Year: 1989; 
Number of Onshore APDs approved: 1,851; 
Number of Onshore wells started: 1,231; 
Number of Onshore wells completed: 1,006. 

Year: 1990; 
Number of Onshore APDs approved: 2,617; 
Number of Onshore wells started: 1,827; 
Number of Onshore wells completed: 1,263. 

Year: 1991; 
Number of Onshore APDs approved: 1,969; 
Number of Onshore wells started: 1,783; 
Number of Onshore wells completed: 1,588. 

Year: 1992; 
Number of Onshore APDs approved: 1,947; 
Number of Onshore wells started: 1,214; 
Number of Onshore wells completed: 2,213. 

Year: 1993; 
Number of Onshore APDs approved: 1,631; 
Number of Onshore wells started: 1,541; 
Number of Onshore wells completed: 1,481. 

Year: 1994; 
Number of Onshore APDs approved: 2,113; 
Number of Onshore wells started: 1,630; 
Number of Onshore wells completed: 1,283. 

Year: 1995; 
Number of Onshore APDs approved: 1,807; 
Number of Onshore wells started: 1,452; 
Number of Onshore wells completed: 1,359. 

Year: 1996;; 
Number of Onshore APDs approved: 1,959; 
Number of Onshore wells started: 1,410; 
Number of Onshore wells completed: 824. 

Year: 1997; 
Number of Onshore APDs approved: 2,580; 
Number of Onshore wells started: 1,736; 
Number of Onshore wells completed: 934. 

Year: 1998; 
Number of Onshore APDs approved: 3,148; 
Number of Onshore wells started: 2,363; 
Number of Onshore wells completed: 2,106. 

Year: 1999; 
Number of Onshore APDs approved: 1,923; 
Number of Onshore wells started: 1,537; 
Number of Onshore wells completed: 1,749. 

Year: 2000; 
Number of Onshore APDs approved: 3,413; 
Number of Onshore wells started: 2,623; 
Number of Onshore wells completed: 2,341. 

Year: 2001; 
Number of Onshore APDs approved: 3,863; 
Number of Onshore wells started: 3,114; 
Number of Onshore wells completed: 2,741. 

Year: 2002; 
Number of Onshore APDs approved: 3,727; 
Number of Onshore wells started: 2,772; 
Number of Onshore wells completed: 2,922. 

Year: 2003; 
Number of Onshore APDs approved: 3,759; 
Number of Onshore wells started: 2,878; 
Number of Onshore wells completed: 1,105. 

Year: 2004; 
Number of Onshore APDs approved: 6,051; 
Number of Onshore wells started: 3,696; 
Number of Onshore wells completed: 2,384. 

Year: 2005; 		
No data available from Public Land Statistics for 2005. 

Year: 2006; 
Number of Onshore APDs approved: 6,738; 
Number of Onshore wells started: 4,708; 
Number of Onshore wells completed: 3,693. 

Source: Department of the Interior. 

[End of figure] 

Companies Consider Various Factors before Acquiring and Developing 
Federal Oil and Gas Leases: 

Industry officials we spoke with said that business, geological, and 
regulatory factors influence companies' decisions to lease and develop 
oil and gas leases, and that they cannot always achieve production 
during the primary terms and therefore seek extensions. Specifically: 

* Business factors. Industry officials told us that companies purchase 
leases knowing that it will not be economically feasible to drill every 
lease; however, they maintain an inventory of leases in various stages 
of development so that they may plan their business to develop leases 
when it is most profitable to do so. Industry officials emphasized that 
the oil and gas business is inherently speculative; therefore commodity 
prices and other market conditions determine whether it is economical 
to drill. For example, some wells may not be economical to drill while 
oil and gas prices are lower, but companies may keep inventories of 
leases that could become profitable to develop at higher oil and gas 
prices. In addition, industry officials told us that if their producing 
leases are not part of a unit agreement, their companies need to 
maintain undeveloped leases surrounding their producing leases so that 
other lessees do not tap into the same reservoir. They also told us 
that the development of oil and gas leases requires time-consuming and 
costly research to determine which leases to develop, including 
exploratory, geological, and seismic studies. Lease terms and 
stipulations can also influence companies' decisions. For example, 
industry officials told us that if a company is reasonably confident 
that a lease will produce relatively quickly, a 3-or 5-year lease term 
may be sufficient, but that it may need a longer lease in areas that 
are considered less certain and, hence, more speculative. In addition, 
they told us that companies consider the location and the availability 
of equipment, such as drilling rigs, as well as the infrastructure to 
deliver the oil and gas to market centers. Officials also noted that 
building additional connecting pipelines requires a critical mass of 
leases, which may take time to acquire. 

* Geological factors. Industry officials told us that oil and gas 
resources are becoming more difficult to find and develop, and said 
that identifying the exact location or extent of subsurface oil or gas 
deposits may require them to collect and analyze seismic data and drill 
multiple wells, which is time-consuming and costly. 

* Regulatory factors. Industry officials cited increasing federal 
regulations and the withdrawal of lands for wildlife and environmental 
protection as having the greatest negative impact on their ability to 
develop oil and gas at a faster pace since the 1990s. For example, in 
parts of Wyoming, drilling cannot occur during the spring to protect 
the sage grouse and is limited during the winter because elk live and 
forage for food in the area. They also told us that the development of 
oil and gas leases requires federally mandated studies to protect the 
environment, wildlife, and cultural and historic resources and 
development plans that Interior must approve before the leaseholder can 
begin development activities, which can take about 2 years. Because of 
the various studies that are required and the workload at the agencies, 
permits to drill can require long lead times. They also noted that 
historically, the time to receive an approved application to drill 
varied widely across different Interior regional offices and, as a 
result, led to uncertainty and unexpected delays. 

New advances in technology have helped oil companies address some of 
these factors. For example, advanced techniques for identifying oil and 
gas underground can help companies more readily find new reservoirs. 
Similarly, advances in drilling techniques and materials have allowed 
companies to drill multiple wells from a single portion of a lease to 
access distant resources that were previously too costly to access. 
However, for both of these, advanced equipment is expensive, and 
training staff to use it adds to personnel costs. 

Development Activity in a Sample of Leases Issued from 1987 through 
1996 Varied Considerably: 

Our review of detailed data on about 55,000 offshore and onshore leases 
issued from 1987 through 1996 identified three key findings. First, a 
majority of leases expired without being drilled or reaching 
production. Second, shorter leases were generally developed more 
quickly than longer leases but not necessarily at comparable rates. 
Third, a substantial percentage of leases were drilled after the 
initial primary term following a lease extension or suspension. 

Many Leases Expired without Having Been Drilled: 

As shown in table 1, of the leases issued from 1987 through 1996, 
offshore leases were substantially more likely than onshore leases to 
have been developed up through 2007. Specifically, about 1,891 leases, 
or about 26 percent of the 7,285 offshore leases were drilled, and 
about 888 leases, or about 12 percent of the offshore leases achieved 
production. By comparison, about 2,904 leases, or 6 percent of the 
nearly 47,925 onshore leases issued, were drilled during the sample 
period, and about 2,386 leases, or 5 percent of the total leases, 
produced oil and gas by 2007. 

Table 1: Percentage of Offshore and Onshore Leases Issued (1987 
through 1996), Drilled and Produced through 2007: 

Location: Offshore; 
Number of leases issued: 7,285; 
Number of leases drilled: 1,891; 
Percentage of leases drilled: 25.96; 
Number of producing leases[A]: 888; 
Percentage of producing leases: 12.19. 

Location: Onshore; 
Number of leases issued: 47,925;
Number of leases drilled: 2,904; 
Percentage of leases drilled: 6.06; 
Number of producing leases[A]: 2,386; 
Percentage of producing leases: 4.98. 

Source: GAO analysis of data provided by the Department of the Interior 
and Premier Data Services. 

[A] These totals reflect production occurring on the lease and 
production occurring within a unit that may be allocated to the lease. 

[End of table] 

In our sample of onshore leases, about 5,300 leases participated in at 
least one unit agreement, and 18 percent of these leases were drilled 
during the time frame of our review--a percentage much higher than the 
percentage for onshore leases that never participated in a unit 
agreement. In addition to the production occurring on leases, some 
leases were considered by Interior to be producing because they were 
part of a unit that was producing--meaning that drilling and production 
occurred elsewhere within the unit. Specifically, for offshore leases 
we identified 15 leases of the 888 leases identified as producing that 
had not been drilled but that were considered to be producing because 
they were part of a producing unit. Drilling and production occurring 
in units was even more frequent for onshore leases. Specifically, we 
identified 569 onshore leases of the 2,386 leases that had not been 
drilled but that were considered to be producing because they were part 
of a unit that was producing. Both offshore and onshore leases are 
deemed to be producing because they are part of a unit, are receiving a 
share of production from the unit, and pay royalties on that share to 
the federal government even though no drilling has occurred on the 
lease itself. 

Shorter Leases Were Generally Developed More Quickly Than Longer 
Leases: 

We found that for offshore leases, all of which were issued 
competitively, shorter leases--issued for shallower waters that are 
generally easier to explore and develop--were generally more likely to 
be developed and were generally developed more quickly. Specifically, 
we found that shallow water leases, those for waters less than 400 
meters deep, which were issued under 5-year primary lease terms, were 
the most likely to have been drilled and to have produced oil or gas 
during the sample period and were developed most quickly. Moreover, 
about one-third of shallow water leases were drilled and about one- 
sixth achieved production during the primary term. These leases were 
drilled in about 2.4 years and achieved production in about 4.3 years. 
The industry has more experience exploring and drilling in shallower 
waters and development is generally easier. In particular, it is 
generally less costly to explore and drill leases in shallower waters 
and easier and less costly to connect a well to the pipeline 
infrastructure used to transport the oil or gas to onshore markets. In 
contrast, deepwater leases, issued for waters deeper than 800 meters 
and under 10-year primary lease terms, were the least likely to have 
been drilled and to have produced. Specifically, we found that about 10 
percent of leases were drilled and about 2.9 percent of leases achieved 
production during the sample period. These leases also took more time, 
on average, to be developed. Specifically, it took about 7.6 years for 
these leases to be drilled and nearly 13 years for these leases to 
achieve production. It is important to note, however, that deepwater 
leases had only begun to be developed in the later years of the sample 
period as technology has evolved to allow such development. Development 
of deepwater leases can also involve very specialized equipment and 
staff for exploration and drilling, which can be difficult to obtain. 
As a result, development of deepwater leases, including developing the 
pipeline infrastructure needed to deliver oil and gas from these leases 
to onshore markets, can be more costly and take more time. To encourage 
deepwater development, royalty relief was granted for these leases 
issued from 1996 through 2000.[Footnote 13] The data on leasing and 
development of 5-, 8-, and 10-year leases are shown in table 2. 

Table 2: Offshore Leases Issued (1987 through 1996), Drilled and 
Produced through 2007: 

Shallow water 5-year leases; 
Number of leases issued: 4,794; 
Number of leases drilled: 1,605; 
Percentage of leases drilled: 33.48; 
Average number of years to first drilling: 2.42; 
Number of leases that produced: 782; 
Percentage of leases that produced: 16.31; 
Average number of years to first production: 4.31. 

Mid-depth 8-year leases; 
Number of leases issued: 634; 
Number of leases drilled: 95; 
Percentage of leases drilled: 14.98; 
Average number of years to first drilling: 3.62; 
Number of leases that produced: 38; 
Percentage of leases that produced: 5.99; 
Average number of years to first production: 7.62. 

Deepwater 10-year leases; 
Number of leases issued: 1,857; 
Number of leases drilled: 191; 
Percentage of leases drilled: 10.29; 
Average number of years to first drilling: 7.62; 
Number of leases that produced: 53; 
Percentage of leases that produced: 2.85; 
Average number of years to first production: 12.94. 

Total; 
Number of leases issued: 7,285; 
Number of leases drilled: 1,891; 
Percentage of leases drilled: 25.96; 
Average number of years to first drilling: [Empty]; 
Number of leases that produced: 873; 
Percentage of leases that produced: 11.98; 
Average number of years to first production: [Empty]. 

Source: GAO analysis of data provided by the Department of the 
Interior. 

[End of table] 

Development of onshore leases was slightly different--shorter lease 
terms were developed more quickly, but were also less likely to be 
developed. In particular, those competitive leases with 5-year primary 
lease terms--leases issued from 1987 through October 1992--were more 
likely to expire without having been drilled, but the drilling that did 
occur took place faster than for the competitive leases having 10-year 
primary lease terms--those in the sample from October 1992 through 
1996. For example, while 5-year competitively issued leases were 
generally only developed about half as frequently as 10-year 
competitively issued leases, they were generally drilled about 3 years 
earlier.[Footnote 14] Noncompetitive leases--all of which had 10-year 
primary terms--were the least likely of onshore leases to be developed 
during the entire sample period. The data on leasing and development of 
5-year competitive, 10-year competitive, and 10-year noncompetitive 
leases are shown in table 3. 

Table 3: Percentage of 5-Year and 10-Year Onshore Leases Issued (1987 
through 1996), Drilled and Produced through 2007: 

Competitive 5-year leases (1987-1992); 
Number of leases issued: 13,424; 
Number of leases drilled: 864; 
Percentage of leases drilled: 6.44; 
Average number of years to first drilling: 4.39; 
Number of leases that produced: 528; 
Percentage of leases that produced: 3.93; 
Average number of years to first production: 4.92. 

Competitive 10-year leases (1992-1996); 
Number of leases issued: 10,804; 
Number of leases drilled: 1,395; 
Percentage of leases drilled: 12.91; 
Average number of years to first drilling: 7.09; 
Number of leases that produced: 978; 
Percentage of leases that produced: 9.05; 
Average number of years to first production: 7.74. 

Noncompetitive 10-year leases (1987-1996); 
Number of leases issued: 23,697; 
Number of leases drilled: 645; 
Percentage of leases drilled: 2.72; 
Average number of years to first drilling: 7.70; 
Number of leases that produced: 311; 
Percentage of leases that produced: 1.31; 
Average number of years to first production: 9.55. 

Total; 
Number of leases issued: 47,925; 
Number of leases drilled: 2,904; 
Percentage of leases drilled: 6.06; 
Average number of years to first drilling: [Empty]; 
Number of leases that produced: 1,817; 
Percentage of leases that produced: 3.79; 
Average number of years to first production: [Empty]. 

Source: GAO analysis of data provided by the Department of the Interior 
and Premier Data Services. 

[End of table] 

In addition, for onshore federal leases, the proportion of sample 
leases that were drilled varied a great deal across the states. This 
variation could be the result of many factors, including the amount and 
accessibility of oil and gas resources in these different states, as 
well as potential differences in factors that affect the relative cost 
or ease of development. Table 4 lists information on federal leases 
issued in the six states having the highest numbers of federal leases 
issued during the sample period. 

Table 4: Onshore Leases Issued (1987 through 1996), Drilled and 
Produced by State through 2007: 

State: Colorado; 
Number of leases issued: 5,122; 
Number of leases drilled: 281; 
Number of leases that produced: 147; 
Percentage of leases drilled: 5.49; 
Percentage of leases that produced: 2.87. 

State: Montana; 
Number of leases issued: 2,921; 
Number of leases drilled: 111; 
Number of leases that produced: 69; 
Percentage of leases drilled: 3.80; 
Percentage of leases that produced: 2.36. 

State: New Mexico; 
Number of leases issued: 5,470; 
Number of leases drilled: 564; 
Number of leases that produced: 425; 
Percentage of leases drilled: 10.31; 
Percentage of leases that produced: 7.77. 

State: Nevada; 
Number of leases issued: 4,067; 
Number of leases drilled: 69; 
Number of leases that produced: 2; 
Percentage of leases drilled: 1.70; 
Percentage of leases that produced: 0.05. 

State: Utah; 
Number of leases issued: 5,127; 
Number of leases drilled: 323; 
Number of leases that produced: 225; 
Percentage of leases drilled: 6.30; 
Percentage of leases that produced: 4.39. 

State: Wyoming; 
Number of leases issued: 25,218; 
Number of leases drilled: 1,556; 
Number of leases that produced: 949; 
Percentage of leases drilled: 6.17; 
Percentage of leases that produced: 3.76. 

State: Total; 
Number of leases issued: 47,925; 
Number of leases drilled: 2,904; 
Number of leases that produced: 1,817; 
Percentage of leases drilled: 6.06; 
Percentage of leases that produced: 3.79. 

Source: GAO analysis of data provided by the Department of the Interior 
and Premier Data Services. 

[End of table] 

Many Leases Were Not Developed until after the End of the Initial 
Primary Term Following Lease Extensions or Suspensions: 

A substantial percentage of leases that were drilled were not first 
drilled until after the end of the initial primary term following lease 
extensions for drilling, unitization, or suspension.[Footnote 15] This 
varied between offshore and onshore leases. Specifically, of the total 
1,891 leases that were drilled offshore, 139 leases, or about 7 percent 
of offshore leases, were first drilled after the primary term. In 
addition, about 751 leases, or 26 percent of the total 2,904 onshore 
leases that were drilled, were first drilled after the primary term. An 
even larger percentage of producing leases started producing after the 
end of the primary term. Specifically, 395 leases, or 45 percent of the 
total 873 producing offshore leases, and 741 leases, or 41 percent of 
the total 1,817 producing onshore leases, realized first production 
after the primary term of the lease. See table 5 for offshore and 
onshore drilling and production after the primary term of the lease. 

Table 5: Development and Production during and after the Primary Term: 

Offshore; 
Number of leases drilled: 1,891; 
Number of leases drilled after primary term: 139; 
Percentage of leases drilled after primary term: 7.35; 
Number of producing leases: 873; 
Number of leases that first produced after primary term: 395; 
Percentage of producing leases that first produced after primary term: 
45.25. 

Onshore; 
Number of leases drilled: 2,904; 
Number of leases drilled after primary term: 751; 
Percentage of leases drilled after primary term: 25.86; 
Number of producing leases: 1,817; 
Number of leases that first produced after primary term: 741; 
Percentage of producing leases that first produced after primary term: 
40.78. 

Source: GAO analysis of data provided by the Department of the Interior 
and Premier Data Services. 

[End of table] 

Conclusions: 

The national debate about whether, when, and how to develop additional 
federal oil and gas resources is complex and ongoing. A key element of 
the debate centers on the extent to which existing federal leases are 
being developed. Given the relative absence of incentives in federal 
leases to encourage faster development and to reflect the likelihood of 
finding oil and gas, we are concerned that Interior may not have 
considered the full range of options. For example, Interior could 
benefit from some of the efforts states and private landowners use to 
encourage development and to differentiate leases based on the 
likelihood of finding oil and gas. While there may be valid reasons 
that federal leases differ from state leases, it appears to us that 
some of the efforts states use could be used more widely and 
consistently in federal leases to the benefit of the country and the 
federal government. To the extent that the efforts states use to 
encourage development could also be effective for Interior leases, the 
country could benefit from increased oil and gas production sooner, and 
the federal government could realize higher revenues through royalties 
and rent. We recognize that the applicable federal laws and regulations 
are complex and that determining which of the efforts used by states, 
if any, are appropriate for Interior to apply or whether additional 
efforts would be helpful will require careful consideration and study. 

Recommendation for Executive Action: 

To better ensure that federal land leased for oil and gas exploration 
and development provides financial and energy benefits as soon as 
possible, we recommend that the Secretary of the Interior develop a 
strategy to evaluate options to encourage faster development of oil and 
gas leases on federal lands, including determining whether methods to 
differentiate between leases according to the likelihood of finding 
economic quantities of oil or gas and whether some of the other methods 
states use could effectively be employed, either across all federal 
leases or in a targeted fashion. In so doing, Interior should identify 
any statutory or other obstacles to using such methods and report the 
findings to Congress. 

Agency Comments and Our Evaluation: 

We provided a draft of this report to Interior for comment. Interior 
provided us with a formal written comment letter. 

In its comment letter, Interior generally agreed with our 
recommendation, but stated that specific suggestions in our report 
could have potentially adverse consequences that we did not discuss in 
our report. Interior also stated that it is pursuing expedited 
development of oil and gas leases and is already assessing many aspects 
of leasing to determine if there are adjustments that could be 
beneficial. While we applaud Interior for being receptive to our 
recommendation, we disagree with the characterization of our report 
discussed below and continue to believe that Interior's efforts to 
promote diligent development are in need of a broader reexamination 
than the agency currently has under way. 

With regard to Interior's comment that some of our specific suggestions 
could have adverse consequences, we believe that this statement 
mischaracterizes our report. To be clear, we recommended that Interior 
evaluate methods to differentiate between leases according to the 
likelihood of finding economic quantities of oil or gas, to encourage 
faster development of oil and gas leases on federal lands, and to 
determine whether some of the methods states use could effectively be 
employed on federal leases, but made no specific suggestions for which 
if any of these practices Interior should adopt. Further, Interior 
provided no specific examples or evidence of how our recommendation 
could result in adverse consequences. Our recommendation stated that 
Interior should identify any statutory or other obstacles to using 
methods to encourage faster development of oil and gas leases and 
report the findings to Congress. If any adverse consequences of 
adopting more stringent methods for encouraging development of federal 
oil and gas leases are found by Interior as it studies this issue, we 
believe it would be appropriate for Interior to make that case clearly 
and with supporting evidence. 

We do not agree that Interior is pursuing expedited development of oil 
and gas leases. We found that Interior has not clearly defined 
diligence, nor is it using all the tools that other resource owners use 
to encourage more rapid development. While two of Interior's practices-
-escalating rental rates and the requirement for 8 year offshore leases 
that drilling occur within the first 5 years of the lease--have the 
effect of encouraging faster development, we do not believe this is 
sufficient to rule out using other or more stringent means to encourage 
faster development of some federal leases. Neither we, nor Interior, 
can know which, if any, of these other means should be adopted without 
first evaluating the options in a comprehensive way. 

Finally, we applaud Interior for taking the initiative to evaluate 
leasing practices, but do not believe that these efforts are 
sufficient. The assessment Interior refers to is a contracted study of 
policies affecting the pace of areawide leasing and revenues in the 
central and western Gulf of Mexico. This study may well result in 
findings that are applicable elsewhere in the Gulf of Mexico, other 
offshore regions, or onshore. However, as Interior states in its 
comments, oil and gas properties differ significantly across and within 
regions. This is precisely why we have recommended that Interior study 
what other resource owners do to see if they are applicable to federal 
oil and gas leases. To the extent that some of these practices are 
applicable to federal leases, we believe it unlikely that they would 
apply equally to all federal leases. We modified the language of our 
recommendation to make it clearer that a specific practice that may be 
applicable and beneficial for one set of oil and gas leases may not 
necessarily apply equally to all leases. 

Interior's full letter commenting on the draft report is reprinted in 
appendix II, and our detailed response to several points not covered 
above follows. In addition, Interior made technical comments, which we 
have addressed as appropriate. 

As agreed with your offices, unless you publicly announce the contents 
of this report earlier, we plan no further distribution until 30 days 
from the report date. At that time, we will send copies of this report 
to interested congressional committees, the Secretary of the Interior, 
and other interested parties. We will also make copies available to 
others upon request. In addition, the report will be available at no 
charge on the GAO Web Site at [hyperlink, http://www.gao.gov]. 

If you or your staffs have any questions about this report, please 
contact me at (202) 512-3841 or ruscof@gao.gov. Contact points for our 
Offices of Congressional Relations and Public Affairs may be found on 
the last page of this report. GAO staff who made major contributions to 
this report are listed in appendix III. 

Signed by: 

Frank Rusco: 
Acting Director, Natural Resources and Environment: 

[End of section] 

Appendix I: Scope and Methodology: 

We agreed to (1) describe Interior's efforts to encourage development 
of federal oil and gas leases and compare them to states' and private 
landowners' efforts; (2) examine trends in the number of leases and 
amount of acreage leased on federal lands and waters, the amount of 
development activity on active federal leases, and factors that may 
affect the development of these leases; and (3) describe how 
development occurred on a sample of leases that have expired or been 
extended beyond their primary terms. 

To describe Interior's efforts to encourage development of federal oil 
and gas leases and compare them to states' and private landowners' 
efforts, we reviewed federal laws and regulations and interviewed 
knowledgeable officials with Interior's Bureau of Land Management (BLM) 
and Minerals Management Service (MMS), selected states, industry 
groups, and a landowners' association. To compare Interior's efforts to 
the efforts of selected states to encourage development of state and 
private land oil and gas leases, we collected selected information 
about state leasing of land for oil and gas from knowledgeable 
officials from eight states with experience in oil and gas leasing: 
Alaska, Colorado, Montana, New Mexico, Louisiana, Texas, Utah, and 
Wyoming. We also conducted a literature search for any studies states 
might have conducted and found only a study by the state of Montana on 
royalty rates. To compare Interior's efforts to the efforts of private 
landowners, we collected selected information from an association of 
private landowners involved in leasing land for oil and gas 
development; however, much of this information is proprietary and was 
limited and not consistently available to us. 

To examine trends in the number of leases and acreage leased on federal 
lands and waters, the amount of development activity on active federal 
leases, and factors that may affect the development of these leases, we 
collected leasing statistics from Interior's Public Land Statistics and 
obtained leasing, production, and reserve information from MMS's 
Technical Information Management System (TIMS). To identify factors 
that affect development, we interviewed knowledgeable officials with 
BLM and MMS, representatives from the eight states with significant oil 
and gas leasing experience that we examined, representatives from 
industry with experience developing federal oil and gas leases, and 
officials from an association of private landowners involved with 
leasing land for oil and gas development. 

To describe how development occurred on a sample of leases, we selected 
a sample comprising all federal oil and gas leases issued during a 
period spanning 1987 through 1996 and tracked development on those 
leases through 2007. We selected this time period because leases would 
have already passed the 10-year primary term. Our review included the 
following: 

* We obtained data on (1) all onshore leases issued from 1987 through 
1996 from BLM's automated case recordation system, the Legacy Rehost 
2000 (LR2000); (2) onshore drilling and production activity from BLM's 
Automated Fluid Mineral Support System (AFMSS); and (3) all offshore 
leases issued along with drilling and production activity from MMS's 
TIMS. Given that all onshore leases issued after 1992 were for 10-year 
terms, the time frame of our sample of leases allowed us to evaluate 
development and production activity from 10 through 20 years after the 
leases were issued. 

* We focused on onshore federal leases issued in six states (Colorado, 
Montana, New Mexico, Nevada, Utah, and Wyoming), which account for 82 
percent of leases issued during this time frame, because collecting and 
assessing the reliability of data from each state was extremely 
resource intensive. We also limited our analysis to include only 
competitively or noncompetitively issued leases, and to exclude a small 
number of other leases issued under special legal provisions because 
the lease terms and provisions vary significantly and are not 
consistent with the lease terms and provisions applicable to the 
majority of onshore leases issued. From 1987 through 2006, these types 
of leases represented less than half of 1 percent of the total leases 
issued. 

* We defined development to include any drilling activity--with or 
without production in paying quantities. We identified drilling 
activity by merging all leases in our time frame with 20 years of AFMSS 
or TIMS drilling and production data. Matched cases indicated that 
drilling activity had occurred at some point within or after the 
primary term of the lease. Although our definition of development 
rested on the presence of drilling, it should be noted that drilling 
and production data collected by Interior represent only the final 
decision of oil and gas companies to proceed with development. These 
drilling decisions do not measure the extent of exploration leading up 
to the decision to drill, and before any decision is made, there is 
often substantial exploration that can involve a host of factors, such 
as management, economic, geologic, regulatory, and technological 
evaluations. BLM does not, and is not specifically required to, collect 
data on the exploration activities of lessees. 

To determine the timing of drilling and production, we used system 
documentation--specifically LR2000, AFMSS, and TIMS--to identify action 
codes that indicated drilling and production. We isolated and confirmed 
these codes with knowledgeable Interior officials. We created 
categories of producing leases based on these codes. We then calculated 
the timing of development, and whether the activity took place within 
or after the initial primary term of the lease based on lease terms and 
lease issuance date. 

We did not identify the reason(s) that drilling occurred after the 
initial primary term of the lease based on Interior data because the 
information systems do not contain enough information to make this 
distinction. For example, we found that the LR2000 database did not 
consistently record the beginning and ending of approved suspensions. 
We also found that AFMSS does not readily show the unit leases that are 
held by drilling or production on a different lease within the same 
unit. However, the systems did enable the analysis of all wells drilled 
and all leases produced regardless of unit participation. 

To determine the reliability of the LR2000 data we used, we interviewed 
officials responsible for the data and data systems, reviewed system 
documentation, compared data for a sample of 200 leases to source 
documents, and performed logic and electronic tests on the data. To 
determine the reliability of the AFMSS data we used, we interviewed BLM 
officials and others responsible for the data, reviewed system 
documentation, and performed logic and electronic tests on the data. 
Additionally, we obtained LR2000 lease data sets and the linking keys 
to the AFMSS well data through an independent contractor--Premier Data 
Services (PDS)--that has worked with these data for many years. PDS 
obtains LR2000 data from BLM on a monthly basis, conducts a variety of 
system and audit checks to identify data errors, and then reports 
errors to BLM for correction. Based on our assessment, we concluded 
that the LR2000 and AFMSS data we used in this report were sufficiently 
reliable for our purposes. To determine the reliability of TIMS data, 
we interviewed responsible officials, reviewed system documentation, 
compared our results to published agency data, and performed electronic 
and logic tests of the data. Based on our assessment we determined that 
the TIMS data we used were sufficiently reliable for our purposes. 

We did not analyze trends for the National Petroleum Reserve in Alaska, 
a 23-million acre area on Alaska's North Slope that was set aside in 
1923 as an emergency oil supply, because only 411 leases have been 
issued and 30 wells drilled there since BLM began issuing leases there 
in 1999--too few for a trend analysis since none of the leases have 
exceeded the primary terms. 

We conducted this performance audit from January 2008 to August 2008 in 
accordance with generally accepted government auditing standards. Those 
standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe that 
the evidence obtained provides a reasonable basis for our findings and 
conclusions based on our audit objectives. 

[End of section] 

Appendix II: Comments from the Department of the Interior: 

Note: GAO comments supplementing those in the report text appear at the 
end of this appendix. 

United States Department of the Interior: 
Office Of The Secretary: 
Washington, DC 20240: 

September 24, 2008: 

Mr. Frank Rusco: 
Acting Director, Natural Resources and Environment: 
Government Accountability Office: 
441 G Street, NW: 
Washington, D.C. 20548: 

Dear Mr. Rusco: 

Thank you for the opportunity to review and comment on the Government 
Accountability Office draft report entitled, "Oil and Gas Leasing: 
Interior Could Do More to Encourage Diligent Development" (GAO-08-986). 
Although the Department of the Interior generally concurs with the 
GAO's recommendation to evaluate lease terms to ensure diligent 
development, some of the specific suggestions offered by GAO have 
potentially adverse consequences not discussed in the report. Extensive 
technical comments have been provided by the Minerals Management 
Service and the Bureau of Land Management. [See comment 1] 

As noted in the draft report, the total number of oil and gas leases 
the DOI issued in recent years has generally increased. The DOI is 
pursuing expedited development of oil and gas leases. The leases 
themselves are designed with diligence in mind. For example. the terms 
of offshore leases (5, 8, or 10 years) were chosen because they are 
reasonable lengths of time for a diligent party to explore and develop 
oil and gas leases at the respective water depths associated with the 
lease terms. [See comment 1] 

The report draws comparisons between leases administered by various 
State governments as well as private landowners. It is important to 
understand that the regulatory requirements to drill for oil and gas on 
Federal land differ from State and private landowners' requirements. 
The report does not detail these important requirements. More time, 
effort and investment is needed to drill on Federal land. For example, 
in many instances an environmental impact statement must be completed 
after a lease has been issued. This alone can take 24 months. [See 
comment 1] 

Also, not all properties are alike; the physical location and geology 
vary among leases affecting the time and investment needed to develop 
the lease. As your report states, not all leases result in the 
discovery of economically recoverable resources. The length of time 
before exploration, development and production is a function of the 
risk and investment necessary to bring a lease into production. A 
prudent operator needs time to evaluate a lease before making the 
significant investment required to explore and develop a lease. For the 
Outer Continental Shelf, the difference between State and Federal areas 
is substantial. [See comment 2] 

We agree with the GAO regarding the importance of lease management 
policies that foster diligent development. The DOI has carefully 
implemented such policies, while also ensuring that diligent 
development incentives or requirements do not compromise safety or 
environmental achievements, do not significantly reduce the ultimate 
recovery of oil and gas, and do not unduly reduce the revenue derived 
from oil and gas leasing. 

The DOI evaluates lease terms, including requiring escalating rents in 
leases, prior to lease sales. For example, both the royalty rates and 
rental rates have been changed for offshore sales this year and those 
scheduled for next year. The DOI does differentiate among tracts 
offered for lease based on indicators, such as nearby or past drilling. 
However, the substantial expense and effort required to analyze tracts 
in advance of lease sales in order to create different terms among 
leases does not appear to be justified, as there is no evidence that 
such an effort will result in faster exploration and development. [See 
comment 2] 

The DOI is currently assessing many aspects of leasing to help 
determine if there are adjustments that could be beneficial. The 
completion of this assessment should provide additional tools to 
evaluate oil and gas leasing in the Outer Continental Shelf and other 
Federal lands and determine if encouraging more rapid development will 
benefit the Nation. Well-conceived diligence strategies would need to 
increase the acreage leased, increase the amount of oil and gas 
produced, and increase the bonus bids that help to fund important 
national needs. 

Extensive substantive comments have been provided separately. Please 
contact Andrea Nygren, MMS Audit Liaison Officer, at (202) 208-4343, or 
LaVanna Stevenson, BLM Audit Liaison Officer, at (202) 785-6580, if you 
have any questions. 

Sincerely, 

Signed by: 

C. Stephen Allred: 
Assistant Secretary: 
Land and Minerals Management: 

The following are GAO's responses to the Department of the Interior's 
Letter dated September 24, 2008. 

GAO Comments: 

1. We acknowledged, in our draft report, that development of state 
lands may be simpler than for federal land leased for oil and gas 
development, and identified several such differences. We made no change 
in response to this comment. 

2. We note that Interior's comments appear internally inconsistent 
regarding leased lands and leases. On one hand, Interior acknowledges 
that some lands are more likely to contain economic quantities of oil 
or gas. On the other hand, it appears unwilling to reflect these 
differences in the terms of leases that it issues. We believe, as we 
have recommended, that Interior should consider whether it is feasible 
and beneficial to differentiate lease terms to reflect the likelihood 
of finding oil and gas as some other resource owners appear to do. We 
modified the recommendation language to better reflect that this is one 
of several factors Interior should consider as part of its efforts to 
determine which measures could be useful in encouraging development of 
federal oil and gas leases. 

[End of section] 

Appendix III: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Frank Rusco, (202) 512-3841 or ruscof@gao.gov: 

Acknowledgments: 

In addition to the individual named above, key contributors to this 
report included Jon Ludwigson, Assistant Director; Ron Belak; Glenn 
Fischer; Alison O'Neill; Rebecca Shea; Dawn Shorey; Barbara Timmerman; 
Maria Vargas; and Jacqueline Wade. Important assistance was also 
provided by Robert Baney, Casey Brown, Kristen Massey, and Mary Welch. 

[End of section] 

Footnotes: 

[1] In some cases, particularly for offshore leases, where other 
activities may be less effective, exploratory activities may include 
drilling wells. 

[2] For purposes of this report, we considered drilling to be primarily 
a developmental activity. 

[3] Royalty relief waived or reduced the amount of royalties that 
companies would otherwise be obligated to pay on the initial volumes of 
production from certain deepwater leases (deeper than 200 meters), 
which are referred to as royalty suspension volumes. DWRRA also 
authorized the Secretary of the Interior to provide royalty relief to 
promote oil and gas development or to increase production from leases 
in the Gulf of Mexico. 

[4] Federal mineral acres include federal surface and split estate 
mineral acres, which are acres where private landowners own the surface 
and the federal government owns the subsurface. 

[5] The Secretary of the Interior has the authority to raise the 
uniform national minimum acceptable bid for all leases, but has not 
done so. 

[6] The Energy Policy Act of 1992 required BLM to offer all competitive 
and noncompetitive leases with 10-year primary terms. 

[7] In some cases, particularly for offshore leases, where other 
activities may be less effective, exploratory activities may include 
drilling wells. 

[8] For purposes of this report, we considered drilling to be primarily 
a developmental activity. 

[9] The royalty rate for all new leases in the Gulf of Mexico was 
increased to 18.75 percent for newly issued leases starting with the 
first 2008 lease sale. Once a lease is producing, lessees pay the 
higher of either the royalty percentage or a minimum royalty payment 
equal to the applicable rental rate. 

[10] If operations cease during the last 180 days of the primary term, 
the leases will automatically expire unless lease-holding operations 
are resumed or an approved extension is obtained before the end of the 
180th day after operations ceased. 

[11] This provision only applies to leases starting with Sale 204 in 
2007, which occurred in August, and only to leases that were extended 
past their original 5-year primary term. Lessees can avoid these 
increases, in some cases, by drilling additional wells. 

[12] According to knowledgeable officials from an owners' association, 
oil and gas lease information on privately owned land is proprietary 
and not consistently captured. 

[13] In 1995, the federal government enacted the DWRRA, which provided 
royalty relief on new production from certain deepwater leases. See 
GAO, Oil and Gas Royalties: Litigation over Royalty Relief Could Cost 
the Federal Government Billions of Dollars, [hyperlink, 
http://www.gao.gov/cgi-bin/getrpt?GAO-08-792R] Washington, D.C.: June 
5, 2008. 

[14] It is important to note that while our sample included leases with 
both 5-and 10-year primary terms, these leases were not concurrently 
available and were issued in different years. As a result, several key 
factors, such as oil and gas prices and drilling technologies, which 
could have influenced development, differed when these leases were 
issued and developed. In addition, because the data reflect all leases 
issued over this period it is possible that some land was leased more 
than once. As such, it is possible that some of the 5-year leases could 
have expired, been reissued, and actually produced during the sample 
period as 10-year leases. 

[15] We could not identify all the reasons that drilling occurred after 
the initial primary term of the lease based on Interior data because 
the information systems do not contain enough information to make this 
distinction. For example, we found that the information systems did not 
consistently record the beginning and ending of approved suspensions 
for onshore leases. In addition, the systems did not allow for the easy 
identification of wells drilled under offshore and onshore unit 
agreements. 

[End of section] 

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