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S. 1856

BillFederalSenateIn Committee
A bill to amend the Energy Policy Act of 2005 to clarify policies regarding ownership of pore space.
About This Bill
Committee
Latest Action · April 20, 2010
Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 111-652.
Congress
111th (2009–2011)
Introduced
October 22, 2009
Cosponsors (0)
None
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Summary

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Amends the Energy Policy Act of 2005 to define "pore space" as 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. Vests ownership in the federal government of any subsurface pore space located below a federal surface estate. Requires inclusion within a conveyance of the surface ownership of federal land the conveyance of the federal pore space in all strata below the surface of such land (other than previously reserved mineral rights) unless the ownership interest in the pore space has previously been severed from the surface ownership. Prohibits: (1) any agreement conveying federal interests underlying the surface of the land from also conveying ownership of federal pore space in the stratum unless the agreement explicitly conveys the interest in pore space; and (2) the holder of any pore space right from using the surface estate (except for the uses described in a properly recorded instrument). States that the mineral estate is dominant for purposes of determining the priority of subsurface uses between a mineral estate and pore space.

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