Title 15Commerce and TradeRelease 119-73

§3391 Natural gas for essential agricultural uses

Title 15 › Chapter CHAPTER 60— - NATURAL GAS POLICY › Subchapter SUBCHAPTER IV— - NATURAL GAS CURTAILMENT POLICIES › § 3391

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Energy must write a rule within 120 days after November 9, 1978 (and can update it later) saying that, as much as possible, interstate pipelines may not cut off natural gas needed for essential agricultural uses. Gas can only be cut if doing so does not drop deliveries below the amount the Secretary of Agriculture certifies is required for full food and fiber production, or if cutting gas is necessary to supply high-priority users. If the Commission, after consulting the Secretary of Agriculture, finds another fuel is affordable and reasonably available as an alternative, the rule above does not apply to that use. The Secretary of Agriculture must tell the Secretary of Energy and the Commission the gas amounts needed. The Secretary of Agriculture can join related Commission proceedings and may not use this power to limit crop production. Essential agricultural use: farming, fiber and food production and processing, irrigation, crop drying, or use as a process fuel/feedstock for fertilizer, chemicals, animal feed, or food. High-priority user: a home, a small business using less than 50 Mcf on a peak day, a school or hospital, or any use the Secretary of Energy finds would threaten life, health, or property.

Full Legal Text

Title 15, §3391

Commerce and Trade — Source: USLM XML via OLRC

(a)Not later than 120 days after November 9, 1978, the Secretary of Energy shall prescribe and make effective a rule, which may be amended from time to time, which provides that, notwithstanding any other provision of law (other than subsection (b)) and to the maximum extent practicable, no curtailment plan of an interstate pipeline may provide for curtailment of deliveries of natural gas for any essential agricultural use, unless such curtailment—
(1)does not reduce the quantity of natural gas delivered for such use below the use requirement specified in subsection (c); or
(2)is necessary in order to meet the requirements of high-priority users.
(b)If the Commission, in consultation with the Secretary of Agriculture, determines, by rule or order, that use of a fuel (other than natural gas) is economically practicable and that the fuel is reasonably available as an alternative for any agricultural use of natural gas, the provisions of subsection (a) shall not apply with respect to any curtailment of deliveries for such use.
(c)The Secretary of Agriculture shall certify to the Secretary of Energy and the Commission the natural gas requirements (expressed either as volumes or percentages of use) of persons (or classes thereof) for essential agricultural uses in order to meet the requirements of full food and fiber production.
(d)The Secretary of Agriculture may intervene as a matter of right in any proceeding before the Commission which is conducted in connection with implementing the requirements of the rule prescribed under subsection (a).
(e)The Secretary of Agriculture may not exercise any authority under this section for the purpose of restricting the production of any crop.
(f)For purposes of this section—
(1)The term “essential agricultural use”, when used with respect to natural gas, means any use of natural gas—
(A)for agricultural production, natural fiber production, natural fiber processing, food processing, food quality maintenance, irrigation pumping, crop drying, or
(B)as a process fuel or feedstock in the production of fertilizer, agricultural chemicals, animal feed, or food,
(2)The term “high-priority user” means any person who—
(A)uses natural gas in a residence;
(B)uses natural gas in a commercial establishment in amounts of less than 50 Mcf on a peak day;
(C)uses natural gas in any school, hospital, or similar institution; or
(D)uses natural gas in any other use the curtailment of which the Secretary of Energy determines would endanger life, health, or maintenance of physical property.

Reference

Citations & Metadata

Citation

15 U.S.C. § 3391

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73