HR8034

On March 20, 2026, Representative Mann (R-KS) introduced HR8034, the 'Protecting America's Small Oil and Gas Producers and Rural Jobs Act.' Despite the title, the bill modifies percentage depletion rules to reduce the maximum depletion deduction from 25% to a formula that starts at 15% and scales with crude oil reference prices below $70/barrel. For context, percentage depletion allows producers to deduct a fixed percentage of gross income from marginal wells without regard to actual capital cost recovery. Reducing the applicable percentage directly increases taxable income for affected properties. The bill has been referred to the House Committee on Ways and Means, the only committee of jurisdiction. With 6 cosponsors and a Republican primary sponsor in a divided 119th Congress, passage in the current session is unlikely but not impossible if tax reform becomes a priority. The money trail here is a tax increase, not a spending program. There is no authorized appropriation. The mechanism reduces a long-standing tax expenditure for domestic oil and gas producers. The Joint Committee on Taxation would score the revenue gain, but the bill does not allocate those proceeds to any specific program or fund. This is a pure revenue-raising measure under the jurisdiction of Ways and Means. The impact is concentrated on small-to-mid-size independent producers and pure-play E&P companies that rely heavily on percentage depletion for marginal wells. Major integrated companies (e.g., $XOM, $CVX) use cost depletion on most properties and are less exposed. Structural winners and losers: The primary losers are domestic E&P companies with significant marginal well production. $EOG Resources and $Occidental Petroleum are the most directly affected publicly traded pure-plays. $EOG's domestic production base, particularly its Permian and Eagle Ford assets, includes marginal wells that qualify for percentage depletion. $OXY's Permian and Gulf Coast production carries similar exposure. Larger diversified producers like $XOM and $CVX are less affected because they rely on cost depletion and have substantial international production. The bill's title includes 'small oil and gas producers' but the text does not include a small-producer exemption — it applies to all marginal property depletion claims. Small private independents would be disproportionately affected relative to their size but are not publicly traded. Based on real market data through April 30, 2026, $EOG trades at $139.65, up 4.9% in the past 7 days but down 3.4% in the past 30 days. $OXY trades at $60.08, up 5.18% in 7 days but down 7.57% in 30 days. Both stocks have rebounded from April lows ($128.43 for EOG on April 17, $53.79 for OXY on April 17) amid broader energy price recovery. The 30-day declines indicate the market was already pricing in headwinds for domestic producers before HR8034 was introduced. The bill's introduction on March 20 did not generate a visible price impact — both stocks moved with oil prices and sector trends rather than reacting to this specific legislative action, confirming the market views it as low-probability near-term risk. Timeline: The bill is in the earliest stage of the legislative process — referred to committee with no hearings scheduled. For it to become law, it must pass the House Ways and Means Committee, pass the full House, pass the Senate Finance Committee and full Senate, and be signed by the President. Given that it was introduced in the second session of the 119th Congress (2026), the window for passage is narrow. Typical legislative timelines for targeted tax bills in an election year favor either no action or inclusion in a larger tax extenders package. The most likely near-term outcome is continued committee consideration without floor action.