A Republican push to make drilling cheaper on federal land is creating new fiscal pressure for states that depend on oil and gas revenue, most notably in New Mexico as it expands early childhood education and saves for the future.
The shift stems from the sweeping law President Donald Trump signed in July that rolls back the minimum federal royalty rate to 12.5%. That rate — the share of production value companies must pay to the government — held steady for a century under the 1920 Mineral Leasing Act. It was raised to 16.7% under the Biden administration in 2022.
Trump and Republicans in Congress say the rate reset will boost energy production, jobs and affordability as the administration clears the way for expanded drilling and mining on public lands.
States receive nearly half the money collected through federal royalties, depending on where production takes place. The environment and economics research group Resources for the Future estimates a roughly $6 billion drop in collections over the coming decade.
The stakes are highest in New Mexico, the largest recipient of federal mineral lease payments. The state could could forgo $1.7 billion by 2035 and as much as $5.1 billion by 2050, according to calculations by economist Brian Prest at Resources for the Future.
More than one-third of the general fund budget in the Democratically-led state is tied to the oil and gas industry.
“New Mexico’s impact is way bigger than Wyoming or Colorado or North Dakota,” Prest said, “and that’s just because that’s where the action is on new development.”
The effects will unfold gradually, since federal leases allow a 10-year window to begin drilling and production. Still, state officials say they’re already prepping for leaner years.
“It all hurts when you’re losing revenues,” said Democratic state Sen. George Muñoz of Gallup, who said lawmakers still hope to invest more in mental health care and support Medicaid, even if federal royalty payments decline. “We’ve learned that until the chicken’s got feathers, we’re not even looking at it.”
The higher federal royalty rate was in place for roughly three years while leasing activity was muted, Prest said. New Mexico budget forecasters never tallied the additional income.
New Mexico’s nest-egg strategy
A nearly five-fold surge in local oil production since 2017 on federal and state land in New Mexico delivered a financial windfall for state government, helping fund higher teacher salaries, tuition-free college, universal free school meals and more.
The state set aside billions of dollars in investment trusts for future spending in case the world’s thirst for oil falters, including a early childhood education fund to help expand preschool, child care subsidies and home wellness visits for pregnancies and infants.
The state’s investment nest egg has grown to $64 billion, second only to Alaska’s Permanent Fund. Earnings from the trusts are New Mexico’s second-biggest source for general fund spending.
That sturdy financial footing shaped a defiant response to this year’s federal government shutdown, when lawmakers voted to subsidize the state’s Affordable Care Act exchange, cover food assistance and backfill cuts to public broadcasting.
But lawmakers reviewing state finances last week learned that predictable income fell 1.6% — the first contraction since the start of the COVID-19 pandemic.
Muñoz said matters would be worse if the state had not raised its own royalty rates this year to 25%, from 20%, for new leases on prime oil and gas tracts, while ending a sales moratorium, under legislation he co-sponsored this year.
Universal free child care under scrutiny
The slowdown has cast uncertainty over a universal free child care initiative launched by Gov. Michelle Lujan Grisham last month.
Some fellow Democrats in the Legislature have balked at a proposed $160 million spending increase. State Rep. Meredith Dixon of Albuquerque said hundreds of families earning more than $320,000 annually could qualify for free child care despite not needing it.
“Universal child care is a fantastic idea,” said Dixon, a Democrat. “I 100% don’t agree with this approach.”
Lawmakers are also under court order to carry out a remedial plan to improve K-12 education for Native American students and others from low-income households. New Mexico has long ranked near the bottom nationally on education outcomes, with lagging test scores and low graduation rates.
Encouraged in Alaska
After New Mexico, the states receiving the most federal oil and gas royalties are Wyoming, Louisiana, North Dakota and Texas.
Texas, the nation’s top oil producer, shares the bountiful Permian Basin with New Mexico but has far less federal land and therefore less exposure to changes in royalty policy.
In Alaska, state officials say they are encouraged by the royalty cut, seeing potential for increased development in places like the National Petroleum Reserve-Alaska, where the massive Willow project — approved in 2023 and now under development — is viewed by some as a catalyst for further activity. The reserve is expected to hold its first lease sales since 2019.
“If reduced federal royalty rates stimulate new leasing, exploration and production, that also could increase other kinds of revenue,” said Lorraine Henry, a spokesperson for Alaska’s Department of Natural Resources.
In North Dakota, federal royalties are split evenly between the state and county governments where drilling occurs. State Office of Management and Budget Director Joe Morrissette said the industry’s future remains difficult to forecast.
“There are so many variables, including timing, price, availability of desirable tracts, and federal policies regarding exploration activities,” Morrissette said.
Associated Press writers Becky Bohrer in Juneau, Alaska; and Jack Dura in Bismark, North Dakota, contributed.