I 
111TH CONGRESS 
2D SESSION 
H. R. 6077 
To amend the Energy Policy Act of 2005 to clarify policies regarding 
ownership of pore space. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 30, 2010 
Mr. WHITFIELD introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To amend the Energy Policy Act of 2005 to clarify policies 
regarding ownership of pore space. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. PORE SPACE OWNERSHIP. 
Subtitle F of title IX of the Energy Policy Act of 
2005 (42 U.S.C. 16291 et seq.) is amended by inserting 
after section 963 (42 U.S.C. 16293) the following: 
‘‘SEC. 963A. PORE SPACE OWNERSHIP. 
‘‘(a) DEFINITION OF PORE SPACE.—In this section, 
the term ‘pore space’ means a subsurface space of any 
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size that can be used as storage space for carbon dioxide 
or other substances injected into the space for storage. 
‘‘(b) OWNERSHIP.—The ownership of any subsurface 
pore space located below a Federal surface estate shall be 
vested in the Federal Government. 
‘‘(c) CONVEYANCE.— 
‘‘(1) IN GENERAL.—A conveyance of the sur-
face ownership of Federal land shall include the con-
veyance of the Federal pore space in all strata below 
the surface of the Federal land (other than pre-
viously reserved mineral rights) unless the ownership 
interest in the pore space has previously been sev-
ered from the surface ownership. 
‘‘(2) LIMITATION.—Subject to subsections (d) 
and (e), no agreement conveying Federal mineral in-
terests or other interests underlying the surface of 
the land shall convey ownership of any Federal pore 
space in the stratum unless the agreement explicitly 
conveys the interest in pore space. 
‘‘(3) CONVEYANCE INSTRUMENTS.— 
‘‘(A) IN GENERAL.—Any instrument that 
conveys the rights to use Federal pore space 
under this section shall describe the scope of 
any right to use the surface estate. 
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‘‘(B) USE OF PORE SPACE.—The holder of 
any pore space right conveyed under this sec-
tion shall have no right to use the surface es-
tate except for the uses, if any, described in a 
properly recorded instrument. 
‘‘(C) APPLICABLE LAW.—All conveyances 
of Federal land executed before the date of en-
actment of this section shall be construed in ac-
cordance with the provisions of this section un-
less a person claiming ownership interest con-
trary to the provisions of this section estab-
lishes ownership by a preponderance of the evi-
dence in an action to establish ownership of the 
interest. 
‘‘(d) PRIORITY.—For the purpose of determining the 
priority of subsurface uses between a mineral estate and 
pore space, the mineral estate is dominant. 
‘‘(e) DOMINANCE OF MINERAL ESTATE.—Nothing in 
this section alters any laws or case law in existence on 
the date of enactment of this section relating to the rights 
belonging to, or the dominance of, the mineral estate. 
‘‘(f) NOTIFICATION REQUIREMENTS.—No provision 
of law (including regulations) that requires notice to be 
given to a surface owner, an owner of the mineral interest, 
or both shall be construed to require notice to persons 
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holding ownership interest in any pore space in the under-
lying strata unless the law specifically provides that notice 
to those persons is required.’’. 
Æ 
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