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

Page 8736 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15909 1 See References in Text note below. (A) Advise the Secretary on developing guidelines and procedures for providing as- sistance for facilities under subsection (g)(1). (B) Review and critique the draft imple- mentation plan prepared by the Secretary under subsection (c). (C) Identify useful studies of data archived under the Program that will advance under- standing of the Nation’s energy and mineral resources, geologic hazards, and engineering geology. (D) Review the progress of the Program in archiving significant data and preventing the loss of such data, and the scientific progress of the studies funded under the Pro- gram. (E) Include in the annual report to the Secretary required under section 5(b)(3) 1 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(b)(3)) an evaluation of the progress of the Program toward fulfilling the purposes of the Program under sub- section (b). (g) Financial assistance (1) Archive facilities Subject to the availability of appropriations, the Secretary shall provide financial assist- ance to a State agency that is designated under subsection (d)(2) for providing facilities to archive energy material. (2) Studies Subject to the availability of appropriations, the Secretary shall provide financial assist- ance to any State agency designated under subsection (d)(2) for studies and technical as- sistance activities that enhance under- standing, interpretation, and use of materials archived in the data archive system estab- lished under subsection (d). (3) Federal share The Federal share of the cost of an activity carried out with assistance under this sub- section shall be not more than 50 percent of the total cost of the activity. (4) Private contributions The Secretary shall apply to the non-Fed- eral share of the cost of an activity carried out with assistance under this subsection the value of private contributions of property and services used for that activity. (h) Report The Secretary shall include in each report under section 8 of the National Geologic Map- ping Act of 1992 (43 U.S.C. 31g)— (1) a description of the status of the Pro- gram; (2) an evaluation of the progress achieved in developing the Program during the period cov- ered by the report; and (3) any recommendations for legislative or other action the Secretary considers necessary and appropriate to fulfill the purposes of the Program under subsection (b). (i) Maintenance of State effort It is the intent of Congress that the States not use this section as an opportunity to reduce State resources applied to the activities that are the subject of the Program. (j) Definitions In this section: (1) Advisory Committee The term ‘‘Advisory Committee’’ means the advisory committee established under section 5 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d). (2) Program The term ‘‘Program’’ means the National Geological and Geophysical Data Preservation Program carried out under this section. (3) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (4) Survey The term ‘‘Survey’’ means the United States Geological Survey. (k) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2021 through 2029, to remain available until expended. (Pub. L. 109–58, title III, § 351, Aug. 8, 2005, 119 Stat. 711; Pub. L. 116–260, div. Z, title VII, § 7002(l), Dec. 27, 2020, 134 Stat. 2575; Pub. L. 117–58, div. D, title II, § 40203, Nov. 15, 2021, 135 Stat. 959.) Editorial Notes REFERENCES IN TEXT The National Geologic Mapping Act of 1992, referred to in subsec. (f)(2), is Pub. L. 102–285, May 18, 1992, 106 Stat. 166, which is classified principally to sections 31a to 31h of Title 43, Public Lands. Par. (3) of section 5(b) of the Act was redesignated par. (4) by Pub. L. 111–11, title XI, § 11001(f)(2)(B), Mar. 30, 2009, 123 Stat. 1415, and is now classified to section 31d(b)(4) of Title 43. For complete classification of this Act to the Code, see Short Title note set out under section 31a of Title 43 and Tables. AMENDMENTS 2021—Subsec. (b)(4). Pub. L. 117–58 added par. (4). 2020—Subsec. (k). Pub. L. 116–260 substituted ‘‘$5,000,000 for each of fiscal years 2021 through 2029, to remain available until expended’’ for ‘‘$30,000,000 for each of fiscal years 2006 through 2010’’. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. § 15909. Gas hydrate production incentive (a) Purpose The purpose of this section is to promote nat- ural gas production from the natural gas hy- drate resources on the outer Continental Shelf and Federal lands in Alaska by providing roy- alty incentives. Page 8737 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15910 (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 Conti- nental Shelf Lands Act (43 U.S.C. 1331 et seq.), or is an oil and gas lease issued for on- shore 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 deter- mines that such royalty relief would encour- age production of natural gas from gas hy- drate resources from an eligible lease. The maximum suspension volume shall be 30 bil- lion 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 eli- gible production occurring on or after the date of publication of the advanced notice of pro- posed rulemaking. (4) Limitation The Secretary may place limitations on roy- alty 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 rule- making 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 Sec- retary of Energy, shall carry out a review of, and submit to Congress a report on, further op- portunities to enhance production of natural gas from gas hydrate resources on the outer Conti- nental Shelf and on Federal lands in Alaska through the provision of other production incen- tives or through technical or financial assist- ance. (Pub. L. 109–58, title III, § 353, Aug. 8, 2005, 119 Stat. 714.) Editorial Notes REFERENCES IN TEXT The Outer Continental Shelf Lands Act, referred to in subsec. (b)(2)(A), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For com- plete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Ta- bles. § 15910. Enhanced oil and natural gas production through carbon dioxide injection (a) Production incentive (1) Findings Congress finds the following: (A) Approximately two-thirds of the origi- nal oil in place in the United States remains unproduced. (B) Enhanced oil and natural gas produc- tion from the sequestering of carbon dioxide and other appropriate gases has the poten- tial to increase oil and natural gas produc- tion. (C) Capturing and productively using car- bon dioxide would help reduce the carbon in- tensity of the economy. (2) Purpose The purpose of this section is— (A) to promote the capturing, transpor- tation, and injection of produced carbon di- oxide, natural carbon dioxide, and other ap- propriate gases or other matter for seques- tration into oil and gas fields; and (B) to promote oil and natural gas produc- tion from the outer Continental Shelf and onshore Federal lands under lease by pro- viding royalty incentives to use enhanced recovery techniques using injection of the substances referred to in subparagraph (A). (b) Suspension of royalties (1) In general 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 sec- tion, the Secretary shall undertake a rule- making to provide for such reduction for an el- igible lease. (2) Rulemakings The Secretary shall publish the advanced notice of proposed rulemaking within 180 days after August 8, 2005, and complete the rule- making implementing this section within 365 days after August 8, 2005. (3) Eligible leases A lease shall be an eligible lease for purposes of this section if— (A) it is a lease for production of oil and gas from the outer Continental Shelf or Fed- eral onshore lands; (B) the injection of the substances referred to in subsection (a)(2)(A) will be used as an enhanced recovery technique on such lease; and