The benefit, known as royalty relief, was supposed to be halted if the price of oil climbed above $36 a barrel.
Most industry executives say that the royalty relief spurred drilling and exploration when prices were relatively low.
Some energy companies are now allowed "royalty relief" expected to total about $7 billion over the next five years.
The big issue for both lawmakers and the Interior Department is whether royalty relief has much of an impact.
It would prohibit "royalty relief" for natural gas produced from very deep wells in shallow waters.
But at $70 a barrel, don't expect royalty relief.
"The legislation said that royalty relief for these leases is automatic."
The giveaway also seemed a natural sequel to a measure passed in 1995 to provide royalty relief.
The actual cost of such royalty relief has been shrouded in mystery almost since its inception.
The leases offered "royalty relief" as an incentive to companies drilling in deep water.