[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1856 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1856

 To amend the Energy Policy Act of 2005 to clarify policies regarding 
                        ownership of pore space.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 22, 2009

 Mr. Barrasso introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Energy Policy Act of 2005 to clarify policies regarding 
                        ownership of pore space.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PORE SPACE OWNERSHIP.

    Subtitle F of title IX of the Energy Policy Act of 2005 (42 U.S.C. 
16291 et seq.) is amended by inserting after section 963 (42 U.S.C. 
16293) the following:

``SEC. 963A. PORE SPACE OWNERSHIP.

    ``(a) Definition of Pore Space.--In this section, the term `pore 
space' means a subsurface space of any size that can be used as storage 
space for carbon dioxide or other substances injected into the space 
for storage.
    ``(b) Ownership.--The ownership of any subsurface pore space 
located below a Federal surface estate shall be vested in the Federal 
Government.
    ``(c) Conveyance.--
            ``(1) In general.--A conveyance of the surface ownership of 
        Federal land shall include the conveyance of the Federal pore 
        space in all strata below the surface of the Federal land 
        (other than previously reserved mineral rights) unless the 
        ownership interest in the pore space has previously been 
        severed from the surface ownership.
            ``(2) Limitation.--Subject to subsections (d) and (e), no 
        agreement conveying Federal mineral interests or other 
        interests underlying the surface of the land shall convey 
        ownership of any Federal pore space in the stratum unless the 
        agreement explicitly conveys the interest in pore space.
            ``(3) Conveyance instruments.--
                    ``(A) In general.--Any instrument that conveys the 
                rights to use Federal pore space under this section 
                shall describe the scope of any right to use the 
                surface estate.
                    ``(B) Use of pore space.--The holder of any pore 
                space right conveyed under this section shall have no 
                right to use the surface estate except for the uses, if 
                any, described in a properly recorded instrument.
                    ``(C) Applicable law.--All conveyances of Federal 
                land executed before the date of enactment of this 
                section shall be construed in accordance with the 
                provisions of this section unless a person claiming 
                ownership interest contrary to the provisions of this 
                section establishes ownership by a preponderance of the 
                evidence in an action to establish ownership of the 
                interest.
    ``(d) Priority.--For the purpose of determining the priority of 
subsurface uses between a mineral estate and pore space, the mineral 
estate is dominant.
    ``(e) Dominance of Mineral Estate.--Nothing in this section alters 
any laws or case law in existence on the date of enactment of this 
section relating to the rights belonging to, or the dominance of, the 
mineral estate.
    ``(f) Notification Requirements.--No provision of law (including 
regulations) that requires notice to be given to a surface owner, an 
owner of the mineral interest, or both shall be construed to require 
notice to persons holding ownership interest in any pore space in the 
underlying strata unless the law specifically provides that notice to 
those persons is required.''.
                                 <all>