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Oil and Gas Royalty Rates: Federal, State Land and Private Leases (2026)

Oil and gas royalty rates are published only where the public is the lessor: Congress sets the federal rate, and state land offices print theirs on every sale notice and lease form. Here are those rates, read in the statute or document itself, with what is known about private leases.

Where to look first

An oil and gas royalty rate is the share of production, or of its value, that the mineral owner keeps free of the cost of drilling. Public owners publish theirs: the federal rate is set by statute, and state land offices print theirs on each sale notice or lease form. Private rates are whatever each lease says.

Royalty rates at a glance
QuestionAnswer
What is the federal onshore royalty rate?At least 12.5 percent for leases issued since July 4, 2025
Federal offshore?12.5 to 16 2/3 percent by statute; 12.5 percent in the August 2026 Gulf sale
Which state land rates are above one sixth?Texas Relinquishment Act lands at 25 percent, New Mexico and Colorado at one fifth, and Oklahoma and core North Dakota at 3/16
Is there a minimum royalty on private leases?Pennsylvania sets 12.5 percent by statute; most states set none, and the lease decides
What do private leases pay?Ohio State Extension reports 12.5 to 20 percent on modern wells; private rates are not published nationally
Oil and gas development on a federal lease managed by BLM California, where the royalty rate is set by statute
Oil and gas development on a federal lease managed by BLM California

How we checked

Every rate below was read on its own page or filing on October 5, 2026, and each figure is given as that source states it. Nothing here is paid placement, and AMR earns nothing from any organization listed.

Federal rates were read in the current statute, and state rates on each land office’s latest sale notice or lease form. Three state sites refuse visitors from outside the United States; those rows rely on archived copies of the agency’s own page, and say so.

Rates at a glance

Federal and state land oil and gas royalty rates, read October 5, 2026
LessorRoyalty rateApplies to
Federal onshore leases12.5 percent minimum (one eighth)Competitive and noncompetitive BLM oil and gas leases issued since July 4, 2025
Federal offshore leases12.5 to 16 2/3 percent; 12.5 percent in the latest Gulf saleOuter Continental Shelf leases; Gulf of America Lease Sale BBG3, held August 12, 2026, for all water depths
Texas, Permanent School Fund landsAt least one eighth; the School Land Board sets the ratePublic school and Gulf land leased by the School Land Board
Texas, Relinquishment Act lands25 percentRoyalty owed to the state on an unleased undivided surface owner interest, until payout
New Mexico State Land OfficeOne fifth (20 percent)Development lease form, sealed tracts in the November 17, 2026 sale
Oklahoma Commissioners of the Land Office3/16 (18.75 percent)Mineral leases at the September 2026 auction, with $1.00 an acre delay rental
Colorado State Land BoardOne fifth (20 percent), with no post-production deductionsState Land Board oil and gas leases
Wyoming Office of State Lands and InvestmentsOne sixth or one eighth, set for each parcelState oil and gas lease auctions
North Dakota Department of Trust Lands3/16 in seven core counties, one sixth elsewhereLeases at the October 2026 auction
Montana DNRC16.67 percent, free of costs; the statute sets a 12.5 percent floorState trust land leases
Utah Trust Lands Administration16 2/3 percent, free of production costsTrust lands oil and gas only lease form
Louisiana State Mineral and Energy BoardAt least one eighth, as a minimum royalty bidBids at state lease sales
Alaska Division of Oil and GasOne sixth (16.67 percent) or one eighth (12.5 percent), fixed by sale areaBeaufort Sea and North Slope areawide sales of 2026
California State Lands CommissionAt least 16 2/3 percent, on a sliding scale for oilState lands, including tide and submerged lands

1. Federal onshore leases, 12.5 percent minimum (one eighth)

Federal onshore leases: 12.5 percent minimum (one eighth). It applies to competitive and noncompetitive BLM oil and gas leases issued since July 4, 2025.

Rate
12.5 percent minimum (one eighth)

“conditioned upon the payment of a royalty at a rate of not less than 12½ per centum in amount or value of the production”

30 U.S.C. 226(b)(1)(A) and (c)(1), as amended by P.L. 119-21

The Inflation Reduction Act had raised the rate to 16 2/3 percent from August 16, 2022; P.L. 119-21 repealed that on July 4, 2025. AMR’s federal mineral royalties page covers the leases issued in between.

Read on October 5, 2026: law.cornell.edu

2. Federal offshore leases, 12.5 to 16 2/3 percent

Federal offshore leases: 12.5 to 16 2/3 percent; 12.5 percent in the latest Gulf sale. It applies to outer Continental Shelf leases; Gulf of America Lease Sale BBG3, held August 12, 2026, for all water depths.

Rate
12.5 to 16 2/3 percent; 12.5 percent in the latest Gulf sale

“cash bonus bid with a royalty at not less than 12½ percent, but not more than 16⅔ percent, fixed by the Secretary”

43 U.S.C. 1337(a)(1)(A); final notice of sale for BBG3

The BBG3 notice set “12 ½ percent for blocks in all water depths”, the minimum the 2025 law allows.

Read on October 5, 2026: law.cornell.edu

3. Texas, Permanent School Fund lands, at least one eighth

Texas, Permanent School Fund lands: at least one eighth; the School Land Board sets the rate. It applies to public school and Gulf land leased by the School Land Board.

Rate
At least one eighth; the School Land Board sets the rate

“The royalty rate set must be at least one-eighth of the gross production or the market value of the oil and gas produced.”

Tex. Nat. Res. Code 52.022

No General Land Office page states the rate the board uses in practice.

Read on October 5, 2026: glo.texas.gov

4. Texas, Relinquishment Act lands, 25 percent

Texas, Relinquishment Act lands: 25 percent. It applies to royalty owed to the state on an unleased undivided surface owner interest, until payout.

Rate
25 percent

“shall be paid a royalty of twenty-five percent (25%) of the value of the Gross Production allocable to the unleased undivided interest”

General Land Office guidelines for leasing Relinquishment Act lands

Read on October 5, 2026: glo.texas.gov

5. New Mexico State Land Office, one fifth (20 percent)

New Mexico State Land Office: one fifth (20 percent). It applies to development lease form, sealed tracts in the November 17, 2026 sale.

Rate
One fifth (20 percent)

“DEVELOPMENT LEASE FORM, five (5) year term, 1/5th royalty”

NMSLO November 2026 lease sale book; NMSA 1978 19-10-4.3

Read on October 5, 2026: nmstatelands.org

6. Oklahoma Commissioners of the Land Office, 3/16 (18.75 percent)

Oklahoma Commissioners of the Land Office: 3/16 (18.75 percent). It applies to mineral leases at the September 2026 auction, with $1.00 an acre delay rental.

Rate
3/16 (18.75 percent)

“will provide for 3/16ths royalty, and an annual delay rental of $1.00 per net acre”

CLO sale notice, September 2026

The June 2026 notice says the same.

Read on October 5, 2026: clo.ok.gov

7. Colorado State Land Board, one fifth (20 percent)

Colorado State Land Board: one fifth (20 percent), with no post-production deductions. It applies to state Land Board oil and gas leases.

Rate
One fifth (20 percent), with no post-production deductions

“The Board’s current royalty rate is 1/5th with no deductions allowed for post-production costs.”

State Land Board oil and gas leasing page

Read from an archived copy dated February 9, 2026, because the live site refuses visitors from outside the United States.

Read on October 5, 2026: web.archive.org

8. Wyoming Office of State Lands and Investments, one sixth or one eighth

Wyoming Office of State Lands and Investments: one sixth or one eighth, set for each parcel. It applies to state oil and gas lease auctions.

Rate
One sixth or one eighth, set for each parcel

“a royalty rate of one-sixth or one-eighth of the production, as indicated on the parcel listing”

OSLI auction information page

Read on October 5, 2026: lands.wyo.gov

9. North Dakota Department of Trust Lands, 3/16 in seven core counties

North Dakota Department of Trust Lands: 3/16 in seven core counties, one sixth elsewhere. It applies to leases at the October 2026 auction.

Rate
3/16 in seven core counties, one sixth elsewhere

“all leases located within the following counties will be leased at a 3/16 royalty rate”

October 2026 auction land unit list

The seven are Billings, Divide, Dunn, Golden Valley, McKenzie, Mountrail and Williams.

Read on October 5, 2026: land.nd.gov

10. Montana DNRC, 16.67 percent

Montana DNRC: 16.67 percent, free of costs; the statute sets a 12.5 percent floor. It applies to state trust land leases.

Rate
16.67 percent, free of costs; the statute sets a 12.5 percent floor

“a royalty of 16.67%, free of all costs and deductions, on the average production of the oil”

DNRC lease form DS-423 (January 2024); MCA 77-3-432

Read on October 5, 2026: dnrc.mt.gov

11. Utah Trust Lands Administration, 16 2/3 percent

Utah Trust Lands Administration: 16 2/3 percent, free of production costs. It applies to trust lands oil and gas only lease form.

Rate
16 2/3 percent, free of production costs

“Lessee shall pay Lessor a royalty, free of all production costs and expenses, of sixteen and two-thirds’ percent (16 2/3%)”

TLA oil and gas only lease form, section 4.1

Read from an archived copy of the form dated May 2025, because the live site sits behind a bot check.

Read on October 5, 2026: web.archive.org

12. Louisiana State Mineral and Energy Board, at least one eighth

Louisiana State Mineral and Energy Board: at least one eighth, as a minimum royalty bid. It applies to bids at state lease sales.

Rate
At least one eighth, as a minimum royalty bid

“the Minimum Royalty bid cannot be less than one-eighth (1/8) of all oil, gas or other liquid or gaseous minerals”

La. R.S. 30:127, as cited on the board’s notice

Bidders compete on royalty as well as bonus, so awarded rates can be higher.

Read on October 5, 2026: dce.louisiana.gov

13. Alaska Division of Oil and Gas, one sixth (16.67 percent) or one eighth (12.5 percent)

Alaska Division of Oil and Gas: one sixth (16.67 percent) or one eighth (12.5 percent), fixed by sale area. It applies to beaufort Sea and North Slope areawide sales of 2026.

Rate
One sixth (16.67 percent) or one eighth (12.5 percent), fixed by sale area

“All Tracts Cash Bonus $35.00 16.66667% Fixed”

Notice of sale, September 28, 2026

The North Slope South Sub-Region and the Foothills carry 12.5 percent.

Read on October 5, 2026: dog.dnr.alaska.gov

14. California State Lands Commission, at least 16 2/3 percent

California State Lands Commission: at least 16 2/3 percent, on a sliding scale for oil. It applies to state lands, including tide and submerged lands.

Rate
At least 16 2/3 percent, on a sliding scale for oil

“shall specify a sliding scale royalty on oil commencing at not less than 16 2 / 3 percent”

Cal. Pub. Res. Code 6827

Read on October 5, 2026: leginfo.legislature.ca.gov

Private leases

On private land the rate is whatever the lease says; only a few states set a floor, and no agency publishes what private leases pay.

Private lease royalty: statutes and a published range
StateRateSource of the rateRead
PennsylvaniaAt least 12.5 percent, by statuteThe state’s minimum royalty act, 58 P.S. 33, as Penn State Extension describes itextension.psu.edu
West VirginiaAt least one eighth of gross proceedsW. Va. Code 22-6-8(e), for wells under old flat rate leases only; read from an archived copycode.wvlegislature.gov
Ohio, typical12.5 to 20 percentOhio State University Extension fact sheet ANR-88ohioline.osu.edu

Common questions

What is the average oil and gas royalty rate?

No national average is published. One eighth, 12.5 percent, is the traditional floor; state land offices now charge one sixth to one fifth, and Ohio State Extension reports 12.5 to 20 percent on modern private wells.

What is the federal oil and gas royalty rate in 2026?

At least 12.5 percent for new onshore leases, after P.L. 119-21 repealed the Inflation Reduction Act’s 16 2/3 percent on July 4, 2025.

What royalty rate does Texas charge on state land?

At least one eighth on Permanent School Fund land, set by the School Land Board, and 25 percent on unleased interests in Relinquishment Act lands.

Does the rate include post-production costs?

Not by itself. Whether costs come out of royalty depends on the lease and the state; see AMR’s royalty deductions by state.

Summary

Public lessors charge from one eighth to one quarter, and most producing state land offices now ask one sixth to one fifth, above the restored federal 12.5 percent. To turn a rate into dollars, use AMR’s royalty calculator.

Sources

Every page below was opened on October 5, 2026.

  1. 30 U.S.C. 226(b)(1)(A) and (c)(1), as amended by P.L. 119-21Read October 5, 2026.
  2. 43 U.S.C. 1337(a)(1)(A); final notice of sale for BBG3Read October 5, 2026.
  3. Tex. Nat. Res. Code 52.022Read October 5, 2026.
  4. General Land Office guidelines for leasing Relinquishment Act landsRead October 5, 2026.
  5. NMSLO November 2026 lease sale book; NMSA 1978 19-10-4.3Read October 5, 2026.
  6. CLO sale notice, September 2026Read October 5, 2026.
  7. State Land Board oil and gas leasing pageRead October 5, 2026.
  8. OSLI auction information pageRead October 5, 2026.
  9. October 2026 auction land unit listRead October 5, 2026.
  10. DNRC lease form DS-423 (January 2024); MCA 77-3-432Read October 5, 2026.
  11. TLA oil and gas only lease form, section 4.1Read October 5, 2026.
  12. La. R.S. 30:127, as cited on the board’s noticeRead October 5, 2026.
  13. Notice of sale, September 28, 2026Read October 5, 2026.
  14. Cal. Pub. Res. Code 6827Read October 5, 2026.

Cite this list

American Mineral Registry. "Oil and Gas Royalty Rates: Federal, State Land and Private Leases (2026)." Release 2026.10.1, October 5, 2026. https://americanmineralregistry.com/research/oil-and-gas-royalty-rates