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119-S-4604 Journalist Public Summary

119 · S 4604 Protecting America’s Small Oil and Gas Producers and Rural Jobs Act

A Senate bill would expand the oil‑and‑gas “percentage depletion” tax break for low‑producing (marginal) wells by raising how the deduction is calculated, doubling eligible daily production, and lifting income‑based caps, with backers framing it as help for small producers and critics calling it an expanded fossil‑fuel subsidy. [1]Quiver Quantitative — S. 4604 overview and actions

Published
30 May 2026
Updated
30 May 2026
Unvetted
01 · Section

Public Summary

Headline Summary: A tax bill to boost and modernize the oil‑and‑gas “percentage depletion” deduction for marginal wells, aimed at small producers and rural jobs. [1]Quiver Quantitative — S. 4604 overview and actions

What It Does: The bill (S. 4604) changes how the percentage‑depletion rate is set for marginal properties: instead of today’s formula tied to a $20/barrel reference price, it uses $70/barrel (indexed to drilling‑cost inflation starting in 2028) and still caps the rate at 25%. It also removes taxable‑income limits that can cap the deduction for marginal properties and doubles the daily depletable oil quantity from 1,000 to 2,000 barrels. In plain terms, when oil prices are weak, qualifying small wells could claim a larger deduction; when prices are high, the rate stays at the base level. [2]GovInfo / U.S. GPO — H.R. 8034 (IH) — Protecting America’s Small Oil and Gas Pr…

Max depletion rate for marginal properties
25%
Reference-price threshold under bill
70$/bbl
Depletable oil quantity (per taxpayer)
2000barrels/day
Overall cap removed (marginal properties)
65%

Why It Matters: Supporters say the change helps small, “stripper” or marginal wells stay open—important in many rural communities—by letting producers keep more after‑tax cash when prices dip. Nationally, low‑volume wells still account for a measurable slice of U.S. output, so changes to their tax treatment can influence whether they remain in operation. Opponents view percentage depletion as a fossil‑fuel subsidy that reduces federal revenue and undercuts climate goals. [3]Independent Petroleum Association of America — IPAA — Taxes: positions and expl…

  • Who’s For It: Sponsored by Sens. Roger Marshall (R‑KS), Bill Cassidy (R‑LA), and Jerry Moran (R‑KS). Industry groups representing independent producers (e.g., IPAA) generally argue percentage depletion helps small operators reinvest and retain jobs. [1]Quiver Quantitative — S. 4604 overview and actions
  • Who’s Against It: Environmental groups and some Democrats who have pushed to scale back or repeal fossil‑fuel tax preferences (including percentage depletion) say expansions prolong dependence on oil and gas and cost taxpayers. Examples include advocacy from NRDC and legislation like the “End Polluter Welfare Act.” [4]nrdc.org

What’s Next: As of May 20, 2026, the bill was read twice and sent to the Senate Finance Committee. It would need a committee markup and floor votes in both chambers to advance. A House companion (H.R. 8034) with matching text has been introduced. [1]Quiver Quantitative — S. 4604 overview and actions

Sources cited
  1. [1] S. 4604 overview and actions Quiver Quantitative
  2. [2] H.R. 8034 (IH) — Protecting America’s Small Oil and Gas Producers and Rural Jobs Act (bill text) GovInfo / U.S. GPO
  3. [3] IPAA — Taxes: positions and explanations on producer tax provisions (including percentage depletion) Independent Petroleum Association of America
  4. [4] nrdc.org
  5. [5] 26 U.S.C. §613A — Limitations on percentage depletion in case of oil and gas wells GovInfo / U.S. GPO

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