42 U.S.C. § 15910 — Enhanced oil and natural gas production through carbon dioxide injection
submitted 21 years ago by Pub. L. 109-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,184 words · no verdicts yet
Congress found that most of the original oil in U.S. fields remains unproduced, and that injecting carbon dioxide can recover more of it while also reducing carbon emissions. This law lets the Secretary offer royalty relief for leases that use CO2 injection to enhance recovery, and directs the Energy Department to run a competitive grant program funding demonstration projects in North Dakota, Montana, and Alaska, each capped at $3 million with matching cost-sharing required.
(a) Production incentive: (1) Congress found that about two-thirds of the oil originally in place in U.S. fields is still unproduced; that injecting carbon dioxide and similar gases can boost oil and gas recovery; and that capturing and reusing carbon dioxide this way helps make the economy less carbon-intensive. (2) This section's purpose is (A) to promote capturing, moving, and injecting carbon dioxide and other appropriate substances into oil and gas fields for storage, and (B) to promote outer Continental Shelf and onshore federal lease production by offering royalty incentives for using that injection as an enhanced recovery technique.
(b) Suspension of royalties: (1) If the Secretary* decides that reducing the royalty on a qualifying lease serves the public interest and this section's purpose, the Secretary must start a rulemaking to provide that reduction. (2) The Secretary had to publish an advanced notice of proposed rulemaking within 180 days of August 8, 2005, and finish the rulemaking within 365 days. (3) A lease qualifies if (A) it is an outer Continental Shelf or onshore federal oil and gas lease, (B) it will use this kind of gas injection as an enhanced recovery technique, and (C) the Secretary decides the lease holds oil or gas that likely would not be produced without the royalty cut. (4) The relief is a suspension volume of up to 5,000,000 barrels of oil equivalent per lease, applying to production from the date the proposed rule was published onward. (5) The Secretary may still limit this relief based on market price. (6) This part applies to any qualifying lease issued before, on, or after August 8, 2005.
(c) Demonstration program: The Secretary of Energy must run a competitive grant program funding up to 10 projects in the Williston Basin in North Dakota and Montana, and 1 project* in the Cook Inlet Basin in Alaska, where oil and gas producers inject carbon dioxide to boost recovery while storing more CO2. The Energy Secretary sets application requirements without needing a separate rulemaking, but every application must at minimum describe the project, estimate the production increase and how long the increase will last, compared with conventional recovery techniques, including water flooding, estimate how much CO2 will be stored, explain how project data will be collected and shared, describe how the project will keep running after federal funding ends, fully break down its costs, state* which costs federal money will cover, and describe any related secondary or tertiary recovery efforts and how well water flooding worked. An applicant may team up with other public or private partners. In picking projects, the Energy Secretary considers each applicant's past experience with similar work, and gives priority to applications that are likely to maximize production cost-effectively, store meaningful amounts of human-caused carbon dioxide, show the strongest commitment and likelihood of continuing after federal funding ends, and minimize environmental harm. No single applicant can get more than $3,000,000 in federal money, cost-sharing* is required, construction must start within 2 years of the grant (and no later than December 31, 2010), and funding cannot run longer than 5 years for any one project. The Energy Secretary must make sure lessons learned get shared among participants and other interested people. Within 180 days of August 8, 2005, the Energy Secretary had to publish a request for applications; applications were due within 180 days after that; and, after peer review, the Energy Secretary had to promptly select projects using the criteria above.
(d) Records and inventory: The Secretary of the Interior, through the Bureau of Land Management, must keep records and an inventory of how much carbon dioxide is stored on federal mineral leaseholds.
(e) Authorization of appropriations: Congress may provide whatever funding is needed to carry out this section.
Congress finds the following:
Approximately two-thirds of the original oil in place in the United States remains unproduced.
Enhanced oil and natural gas production from the sequestering of carbon dioxide and other appropriate gases has the potential to increase oil and natural gas production.
Capturing and productively using carbon dioxide would help reduce the carbon intensity of the economy.
The purpose of this section is—
to promote the capturing, transportation, and injection of produced carbon dioxide, natural carbon dioxide, and other appropriate gases or other matter for sequestration into oil and gas fields; and
to promote oil and natural gas production from the outer Continental Shelf and onshore Federal lands under lease by providing royalty incentives to use enhanced recovery techniques using injection of the substances referred to in subparagraph (A).
If the Secretary* determines that reduction of the royalty under a Federal oil and gas lease that is an eligible lease is in the public interest and promotes the purposes of this section, the Secretary shall undertake a rulemaking to provide for such reduction for an eligible lease.
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.
A lease shall be an eligible lease for purposes of this section if—
it is a lease for production of oil and gas from the outer Continental Shelf or Federal onshore lands;
the injection of the substances referred to in subsection (a)(2)(A) will be used as an enhanced recovery technique on such lease; and
the Secretary determines that the lease contains oil or gas that would not likely be produced without the royalty reduction provided under this section.
The rulemaking shall provide for a suspension volume, which shall not exceed 5,000,000 barrels of oil equivalent for each eligible lease. Such suspension volume shall be applied to any production from an eligible lease occurring on or after the date of publication of any advanced notice of proposed rulemaking under this subsection.
The Secretary may place limitations on the royalty reduction granted under this section based on market price.
This section shall apply to any eligible lease issued before, on, or after August 8, 2005.
The Secretary of Energy shall establish a competitive grant program to provide grants to producers of oil and gas to carry out projects to inject carbon dioxide for the purpose of enhancing recovery of oil or natural gas while increasing the sequestration of carbon dioxide.
The demonstration program shall provide for—
not more than 10 projects in the Willistin Basin in North Dakota and Montana; and
1 project* in the Cook Inlet Basin in Alaska.
The Secretary of Energy shall issue requirements relating to applications for grants under paragraph (1).
The issuance of requirements under subparagraph (A) shall not require a rulemaking.
At a minimum, the Secretary shall require under subparagraph (A) that an application for a grant include—
a description of the project proposed in the application;
an estimate of the production increase and the duration of the production increase from the project, as compared to conventional recovery techniques, including water flooding;
an estimate of the carbon dioxide sequestered by project, over the life of the project;
a plan to collect and disseminate data relating to each project to be funded by the grant;
a description of the means by which the project will be sustainable without Federal assistance after the completion of the term of the grant;
a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project;
a description of which costs of the project will be supported by Federal assistance under this section; and
a description of any secondary or tertiary recovery efforts in the field and the efficacy of water flood recovery techniques used.
An applicant for a grant under paragraph (1) may carry out a project under a pilot program in partnership with 1 or more other public or private entities.
In evaluating applications under this subsection, the Secretary of Energy shall—
consider the previous experience with similar projects of each applicant; and
give priority consideration to applications that—
are most likely to maximize production of oil and gas in a cost-effective manner;
sequester significant quantities of carbon dioxide from anthropogenic sources;
demonstrate the greatest commitment on the part of the applicant to ensure funding for the proposed project and the greatest likelihood that the project will be maintained or expanded after Federal assistance under this section is completed; and
minimize any adverse environmental effects from the project.
The Secretary of Energy shall not provide more than $3,000,000 in Federal assistance under this subsection to any applicant.
The Secretary of Energy shall require cost-sharing* under this subsection in accordance with section 16352 of this title.
A project funded by a grant under this subsection shall begin construction not later than 2 years after the date of provision of the grant, but in any case not later than December 31, 2010.
The Secretary shall not provide grant funds to any applicant under this subsection for a period of more than 5 years.
The Secretary of Energy shall establish mechanisms to ensure that the information and knowledge gained by participants in the program under this subsection are transferred among other participants and interested persons, including other applicants that submitted applications for a grant under this subsection.
Not later than 180 days after August 8, 2005, the Secretary of Energy shall publish in the Federal Register, and elsewhere, as appropriate, a request for applications to carry out projects under this subsection.
An application for a grant under this subsection shall be submitted not later than 180 days after the date of publication of the request under subparagraph (A).
After the date by which applications for grants are required to be submitted under subparagraph (B), the Secretary of Energy, in a timely manner, shall select, after peer review and based on the criteria under paragraph (4), those projects to be awarded a grant under this subsection.
The Secretary of the Interior, acting through the Bureau of Land Management, shall maintain records on, and an inventory of, the quantity of carbon dioxide stored within Federal mineral leaseholds.
There are authorized to be appropriated such sums as are necessary to carry out this section.
Source credit: (Pub. L. 109–58, title III, § 354, Aug. 8, 2005, 119 Stat. 715; Pub. L. 110–140, title VII, § 713, Dec. 19, 2007, 121 Stat. 1715.)
- 2005Enacted · Pub. L. 109-58 · 119 Stat. 715
- 2007Amended · Pub. L. 110-140 · 121 Stat. 1715
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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