Title 15, Commerce and TradeRelease 119-110

§3391 Natural Gas for Essential Agricultural Uses

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Energy must make a rule within 120 days after November 9, 1978, and can change it later. The rule says that interstate pipeline plans must not cut off natural gas needed for essential agricultural uses, except if the cutback still leaves the farm with the minimum gas needed for those uses or if it is needed to serve high-priority users. An exception applies if the Commission and the Secretary of Agriculture find a different fuel (not natural gas) is affordable and available for that farm use. The Secretary of Agriculture must tell the Secretary of Energy and the Commission how much gas (by volume or percent) people or groups need for full food and fiber production. The Secretary of Agriculture can join Commission hearings about the rule. The Secretary of Agriculture may not use this power to limit crop production. Definitions (one line each): essential agricultural use = farm- and food-related uses the Secretary of Agriculture says are necessary for full food and fiber production; high-priority user = people in homes, small commercial users using under 50 Mcf on a peak day, schools/hospitals/similar institutions, or any use the Secretary of Energy says would risk life, health, or property if cut off.

Full Legal Text

Title 15, §3391

Commerce and Trade, Source: USLM XML via OLRC

(a)General rule
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)Curtailment priority not applicable if alternative fuel available
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)Determination of essential agricultural use requirements
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)Authority of Secretary of Agriculture to intervene
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)Limitation
The Secretary of Agriculture may not exercise any authority under this section for the purpose of restricting the production of any crop.
(f)Definitions
For purposes of this section
(1) Essential agricultural use
(2)High-priority user
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 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110