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42 U.S.C. § 15909 — Gas hydrate production incentive

submitted 21 years ago by Pub. L. 109-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 438 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law let the Secretary offer royalty relief to encourage natural gas production from gas hydrate deposits on the outer Continental Shelf and Alaska's federal lands. Eligible leases had to be issued before 2016 with production starting before 2018, and relief was capped at 30 billion cubic feet per lease. The Secretary had to write the needed regulations within about a year and report to Congress on further opportunities.

(a) Purpose: This section exists to encourage natural gas production from gas hydrate resources on the outer Continental Shelf and on federal land in Alaska, by offering royalty incentives.

(b) Suspension of royalties: (1) The Secretary may grant royalty relief for gas produced from hydrate resources under a qualifying, or "eligible," lease. (2) A lease qualifies if (A) it was issued under the Outer Continental Shelf Lands Act or as an onshore Alaska federal oil and gas lease, (B) it was issued before January 1, 2016, and (C) hydrate gas production on it started before January 1, 2018. (3) After a rulemaking, the Secretary could grant relief as a "suspension volume" — gas that owes no royalty — up to 30 billion cubic feet per lease, if doing so would encourage hydrate gas production. This relief comes on top of any other royalty relief that is not specifically for gas hydrates, and it applies to production starting on or after the date the proposed rule was first published. (4) The Secretary may still limit this relief based on market prices.

(c) Application: This section applies to any eligible lease issued before, on, or after August 8, 2005.

(d) Rulemakings: (1) The Secretary had to publish a proposed rule within 180 days of August 8, 2005, and finish the rulemaking within 365 days. (2) Those regulations must define "gas hydrate resources" to include both the natural gas inside hydrate ice formations and any free natural gas trapped just beneath them.

(e) Review: Within 365 days of August 8, 2005, the Secretary, working with the Secretary of Energy, had to review and report to Congress on other ways — beyond this section — to encourage more natural gas production from gas hydrates on the outer Continental Shelf and in Alaska, whether through other incentives or through technical or financial help.

the actual law source: uscode.house.gov ↗public domain
(a) Purpose

The purpose of this section is to promote natural gas production from the natural gas hydrate resources on the outer Continental Shelf and Federal lands in Alaska by providing royalty incentives.

(b) Suspension of royalties
(1) In general

The Secretary may grant royalty relief in accordance with this section for natural gas produced from gas hydrate resources under an eligible lease.

(2) Eligible leases

A lease shall be an eligible lease for purposes of this section if—

(A)

it is issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), or is an oil and gas lease issued for onshore Federal lands in Alaska;

(B)

it is issued prior to January 1, 2016; and

(C)

production under the lease of natural gas from gas hydrate resources commences prior to January 1, 2018.

(3) Amount of relief

The Secretary shall conduct a rulemaking and grant royalty relief under this section as a suspension volume if the Secretary determines that such royalty relief would encourage production of natural gas from gas hydrate resources from an eligible lease. The maximum suspension volume shall be 30 billion cubic feet of natural gas per lease. Such relief shall be in addition to any other royalty relief under any other provision applicable to the lease that does not specifically grant a gas hydrate production incentive. Such royalty suspension volume shall be applied to any eligible production occurring on or after the date of publication of the advanced notice of proposed rulemaking.

(4) Limitation

The Secretary may place limitations on royalty relief granted under this section based on market price.

(c) Application

This section shall apply to any eligible lease issued before, on, or after August 8, 2005.

(d) Rulemakings
(1) Requirement

The Secretary shall publish the advanced notice of proposed rulemaking within 180 days after August 8, 2005, and complete the rulemaking implementing this section within 365 days after August 8, 2005.

(2) Gas hydrate resources defined

Such regulations shall define the term “gas hydrate resources” to include both the natural gas content of gas hydrates within the hydrate stability zone and free natural gas trapped by and beneath the hydrate stability zone.

(e) Review

Not later than 365 days after August 8, 2005, the Secretary, in consultation with the Secretary of Energy, shall carry out a review of, and submit to Congress a report on, further opportunities to enhance production of natural gas from gas hydrate resources on the outer Continental Shelf and on Federal lands in Alaska through the provision of other production incentives or through technical or financial assistance.

Source credit: (Pub. L. 109–58, title III, § 353, Aug. 8, 2005, 119 Stat. 714.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 109-58 · 119 Stat. 714

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 2005-08-08.

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