Title 42The Public Health and WelfareRelease 119-73

§15910 Enhanced oil and natural gas production through carbon dioxide injection

Title 42 › Chapter CHAPTER 149— - NATIONAL ENERGY POLICY AND PROGRAMS › Subchapter SUBCHAPTER III— - OIL AND GAS › Part Part A— - Production Incentives › § 15910

Last updated Apr 6, 2026|Official source

Summary

Promotes using captured carbon dioxide (CO2) and similar gases to get more oil and gas from wells by offering royalty breaks and federal grants. It says much of the oil in the ground has not been produced and that injecting CO2 can help produce more while storing CO2 and lowering the economy’s carbon intensity. The Secretary in charge of Federal oil and gas leases must start a rulemaking to allow reduced royalties for eligible offshore and onshore Federal leases if it is in the public interest. A lease is eligible if CO2 or similar gases are injected to boost recovery and the Secretary believes the oil or gas likely would not be produced without the royalty cut. The rule must set a suspension volume up to 5,000,000 barrels of oil equivalent per eligible lease, apply to production after the notice is published, may limit reductions based on market price, and covers leases issued before, on, or after August 8, 2005. The Secretary must publish an advanced notice within 180 days after August 8, 2005, and finish the rulemaking within 365 days after that date. The Secretary of Energy must run a competitive grant program to pay for CO2 injection projects that boost recovery and store CO2. The demo program can fund up to 10 projects in the Williston Basin (North Dakota and Montana) and 1 project in the Cook Inlet Basin (Alaska). Applications must describe the project, estimated production gains vs. normal methods (including water flooding), CO2 to be stored over the project life, data plans, costs, which costs federal money will cover, and how the project will continue without federal help. Partners are allowed. Grants will be judged on experience, cost-effective production, CO2 from human sources, financial commitment, and minimizing environmental harm. No applicant may get more than $3,000,000, cost-sharing is required, projects must start construction within 2 years of the grant (and no later than December 31, 2010), and grant funds may not be provided for more than 5 years. The Energy Secretary must publish a request for applications within 180 days after August 8, 2005, and select projects after peer review. The Interior Department, through BLM, must keep records of CO2 stored on Federal leaseholds. Funds as needed are authorized.

Full Legal Text

Title 42, §15910

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)Congress finds the following:
(A)Approximately two-thirds of the original oil in place in the United States remains unproduced.
(B)Enhanced oil and natural gas production from the sequestering of carbon dioxide and other appropriate gases has the potential to increase oil and natural gas production.
(C)Capturing and productively using carbon dioxide would help reduce the carbon intensity of the economy.
(2)The purpose of this section is—
(A)to promote the capturing, transportation, and injection of produced carbon dioxide, natural carbon dioxide, and other appropriate gases or other matter for sequestration into oil and gas fields; and
(B)to promote oil and natural gas production from the outer Continental Shelf and onshore Federal lands under lease by providing royalty incentives to use enhanced recovery techniques using injection of the substances referred to in subparagraph (A).
(b)(1)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 section, the Secretary shall undertake a rulemaking to provide for such reduction for an eligible lease.
(2)The Secretary shall publish the advanced notice of proposed rulemaking within 180 days after August 8, 2005, and complete the rulemaking implementing this section within 365 days after August 8, 2005.
(3)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 Federal 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
(C)the Secretary determines that the lease contains oil or gas that would not likely be produced without the royalty reduction provided under this section.
(4)The rulemaking shall provide for a suspension volume, which shall not exceed 5,000,000 barrels of oil equivalent for each eligible lease. Such suspension volume shall be applied to any production from an eligible lease occurring on or after the date of publication of any advanced notice of proposed rulemaking under this subsection.
(5)The Secretary may place limitations on the royalty reduction granted under this section based on market price.
(6)This section shall apply to any eligible lease issued before, on, or after August 8, 2005.
(c)(1)(A)The Secretary of Energy shall establish a competitive grant program to provide grants to producers of oil and gas to carry out projects to inject carbon dioxide for the purpose of enhancing recovery of oil or natural gas while increasing the sequestration of carbon dioxide.
(B)The demonstration program shall provide for—
(i)not more than 10 projects in the Willistin Basin in North Dakota and Montana; and
(ii)1 project in the Cook Inlet Basin in Alaska.
(2)(A)The Secretary of Energy shall issue requirements relating to applications for grants under paragraph (1).
(B)The issuance of requirements under subparagraph (A) shall not require a rulemaking.
(C)At a minimum, the Secretary shall require under subparagraph (A) that an application for a grant include—
(i)a description of the project proposed in the application;
(ii)an estimate of the production increase and the duration of the production increase from the project, as compared to conventional recovery techniques, including water flooding;
(iii)an estimate of the carbon dioxide sequestered by project, over the life of the project;
(iv)a plan to collect and disseminate data relating to each project to be funded by the grant;
(v)a description of the means by which the project will be sustainable without Federal assistance after the completion of the term of the grant;
(vi)a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project;
(vii)a description of which costs of the project will be supported by Federal assistance under this section; and
(viii)a description of any secondary or tertiary recovery efforts in the field and the efficacy of water flood recovery techniques used.
(3)An applicant for a grant under paragraph (1) may carry out a project under a pilot program in partnership with 1 or more other public or private entities.
(4)In evaluating applications under this subsection, the Secretary of Energy shall—
(A)consider the previous experience with similar projects of each applicant; and
(B)give priority consideration to applications that—
(i)are most likely to maximize production of oil and gas in a cost-effective manner;
(ii)sequester significant quantities of carbon dioxide from anthropogenic sources;
(iii)demonstrate the greatest commitment on the part of the applicant to ensure funding for the proposed project and the greatest likelihood that the project will be maintained or expanded after Federal assistance under this section is completed; and
(iv)minimize any adverse environmental effects from the project.
(5)(A)The Secretary of Energy shall not provide more than $3,000,000 in Federal assistance under this subsection to any applicant.
(B)The Secretary of Energy shall require cost-sharing under this subsection in accordance with section 16352 of this title.
(C)(i)A project funded by a grant under this subsection shall begin construction not later than 2 years after the date of provision of the grant, but in any case not later than December 31, 2010.
(ii)The Secretary shall not provide grant funds to any applicant under this subsection for a period of more than 5 years.
(6)The Secretary of Energy shall establish mechanisms to ensure that the information and knowledge gained by participants in the program under this subsection are transferred among other participants and interested persons, including other applicants that submitted applications for a grant under this subsection.
(7)(A)Not later than 180 days after August 8, 2005, the Secretary of Energy shall publish in the Federal Register, and elsewhere, as appropriate, a request for applications to carry out projects under this subsection.
(B)An application for a grant under this subsection shall be submitted not later than 180 days after the date of publication of the request under subparagraph (A).
(C)After the date by which applications for grants are required to be submitted under subparagraph (B), the Secretary of Energy, in a timely manner, shall select, after peer review and based on the criteria under paragraph (4), those projects to be awarded a grant under this subsection.
(d)The Secretary of the Interior, acting through the Bureau of Land Management, shall maintain records on, and an inventory of, the quantity of carbon dioxide stored within Federal mineral leaseholds.
(e)There are authorized to be appropriated such sums as are necessary to carry out this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2007—Subsecs. (d), (e). Pub. L. 110–140 added subsec. (d) and redesignated former subsec. (d) as (e).

Statutory Notes and Related Subsidiaries

Effective Date

of 2007 AmendmentAmendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an

Effective Date

note under section 1824 of Title 2, The Congress.

Reference

Citations & Metadata

Citation

42 U.S.C. § 15910

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73