Title 42The Public Health and WelfareRelease 119-73

§17271 Carbon dioxide sequestration capacity assessment

Title 42 › Chapter CHAPTER 152— - ENERGY INDEPENDENCE AND SECURITY › Subchapter SUBCHAPTER VI— - CARBON CAPTURE AND SEQUESTRATION › Part Part B— - Carbon Capture and Sequestration Assessment and Framework › § 17271

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Interior, through the U.S. Geological Survey, must create a method for measuring how much carbon dioxide can be stored underground and then do a national study using that method. The method must be finished within 1 year after December 19, 2007 and must consider the size and location of storage formations, how much they can hold and how fast CO2 can be injected, possible oil and gas recovery from injection, risks, and prior atlas work. The Secretary must publish the method, get public and agency comments, set up an expert review panel, and then publish the final method. The method must be updated at least once every 5 years. Within 2 years after the method is published, the Secretary, working with the Secretary of Energy and state surveys, must complete the national assessment. The work must include a drilling program to gather well logs, core samples, and fluid samples, partnerships to share drilling data, and putting results into the NatCarb database (or a new DOE database) so sites can be ranked by capacity and risk across the country, states, formations, and basins. A report on the findings must go to the Senate and House committees within 180 days after the assessment is finished, and the assessment must be updated at least every 5 years. Defined terms (one line each): assessment = the national study; capacity = the part of a formation that can hold CO2 under the method’s rules; engineered hazard = well locations and histories that could affect storage; risk = geological and engineered dangers that could affect storage; Secretary = Secretary of the Interior acting through the USGS; sequestration formation = deep saline formation, unmineable coal seam, or oil/gas reservoir that can take industrial CO2. Congress authorized $30,000,000 to do this work for fiscal years 2008 through 2012.

Full Legal Text

Title 42, §17271

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

(a)In this section—
(1)The term “assessment” means the national assessment of onshore capacity for carbon dioxide completed under subsection (f).
(2)The term “capacity” means the portion of a sequestration formation that can retain carbon dioxide in accordance with the requirements (including physical, geological, and economic requirements) established under the methodology developed under subsection (b).
(3)The term “engineered hazard” includes the location and completion history of any well that could affect potential sequestration.
(4)The term “risk” includes any risk posed by geomechanical, geochemical, hydrogeological, structural, and engineered hazards.
(5)The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Geological Survey.
(6)The term “sequestration formation” means a deep saline formation, unmineable coal seam, or oil or gas reservoir that is capable of accommodating a volume of industrial carbon dioxide.
(b)Not later than 1 year after December 19, 2007, the Secretary shall develop a methodology for conducting an assessment under subsection (f), taking into consideration—
(1)the geographical extent of all potential sequestration formations in all States;
(2)the capacity of the potential sequestration formations;
(3)the injectivity of the potential sequestration formations;
(4)an estimate of potential volumes of oil and gas recoverable by injection and sequestration of industrial carbon dioxide in potential sequestration formations;
(5)the risk associated with the potential sequestration formations; and
(6)the work done to develop the Carbon Sequestration Atlas of the United States and Canada that was completed by the Department.
(c)(1)(A)The Secretary shall consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency on issues of data sharing, format, development of the methodology, and content of the assessment required under this section to ensure the maximum usefulness and success of the assessment.
(B)The Secretary of Energy and the Administrator shall cooperate with the Secretary to ensure, to the maximum extent practicable, the usefulness and success of the assessment.
(2)The Secretary shall consult with State geological surveys and other relevant entities to ensure, to the maximum extent practicable, the usefulness and success of the assessment.
(d)On completion of the methodology under subsection (b), the Secretary shall—
(1)publish the methodology and solicit comments from the public and the heads of affected Federal and State agencies;
(2)establish a panel of individuals with expertise in the matters described in paragraphs (1) through (5) of subsection (b) composed, as appropriate, of representatives of Federal agencies, institutions of higher education, nongovernmental organizations, State organizations, industry, and international geoscience organizations to review the methodology and comments received under paragraph (1); and
(3)on completion of the review under paragraph (2), publish in the Federal Register the revised final methodology.
(e)The methodology developed under this section shall be updated periodically (including at least once every 5 years) to incorporate new data as the data becomes available.
(f)(1)Not later than 2 years after the date of publication of the methodology under subsection (d)(1), the Secretary, in consultation with the Secretary of Energy and State geological surveys, shall complete a national assessment of capacity for carbon dioxide in accordance with the methodology.
(2)As part of the assessment under this subsection, the Secretary shall carry out a drilling program to supplement the geological data relevant to determining sequestration capacity of carbon dioxide in geological sequestration formations, including—
(A)well log data;
(B)core data; and
(C)fluid sample data.
(3)As part of the drilling program under paragraph (2), the Secretary shall enter, as appropriate, into partnerships with other entities to collect and integrate data from other drilling programs relevant to the sequestration of carbon dioxide in geological formations.
(4)(A)On completion of the assessment, the Secretary of Energy and the Secretary of the Interior shall incorporate the results of the assessment using—
(i)the NatCarb database, to the maximum extent practicable; or
(ii)a new database developed by the Secretary of Energy, as the Secretary of Energy determines to be necessary.
(B)The database shall include the data necessary to rank potential sequestration sites for capacity and risk, across the United States, within each State, by formation, and within each basin.
(5)Not later than 180 days after the date on which the assessment is completed, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the findings under the assessment.
(6)The national assessment developed under this section shall be updated periodically (including at least once every 5 years) to support public and private sector decisionmaking.
(g)There is authorized to be appropriated to carry out this section $30,000,000 for the period of fiscal years 2008 through 2012.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

Reference

Citations & Metadata

Citation

42 U.S.C. § 17271

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73