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senate Bill S. 1856

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

bill Progress

  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on Energy and Natural Resources
    IntroducedOctober 22nd, 2009

Bill Details

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Official Title

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


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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