---
kind: "section"
citation: "42 U.S.C. § 17271"
title: "42"
title_heading: "The Public Health and Welfare"
number: "17271"
heading: "Carbon dioxide sequestration capacity assessment"
release: "119-102"
url: "https://uscodex.org/usc/42/17271"
units:
  - "Chapter 152 — Energy Independence and Security"
  - "Subchapter VI — Carbon Capture and Sequestration"
  - "Part B — Carbon Capture and Sequestration Assessment and Framework"
---

# §17271. Carbon dioxide sequestration capacity assessment

- (a) **Definitions—** In this section—
  - (1) **Assessment—** The term “assessment” means the national assessment of onshore [capacity](#a-2) for carbon dioxide completed under [subsection (f)](#f).
  - (2) **Capacity—** The term “capacity” means the portion of a [sequestration formation](#a-6) that can retain carbon dioxide in accordance with the requirements (including physical, geological, and economic requirements) established under the methodology developed under [subsection (b)](#b).
  - (3) **Engineered hazard—** The term “engineered hazard” includes the location and completion history of any well that could affect potential sequestration.
  - (4) **Risk—** The term “risk” includes any risk posed by geomechanical, geochemical, hydrogeological, structural, and [engineered hazards](#a-3).
  - (5) **Secretary—** The term “Secretary” means the Secretary of the Interior, acting through the [Director](/usc/42/5061.md?p=1) of the [United States](/usc/42/403.md?p=k) Geological Survey.
  - (6) **Sequestration formation—** 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) **Methodology—** Not later than 1 year after December 19, 2007, the [Secretary](#a-5) shall develop a methodology for conducting an [assessment](#a-1) under [subsection (f)](#f), taking into consideration—
  - (1) the geographical extent of all potential [sequestration formations](#a-6) in all [States](/usc/42/201.md?p=f);
  - (2) the [capacity](#a-2) of the potential [sequestration formations](#a-6);
  - (3) the injectivity of the potential [sequestration formations](#a-6);
  - (4) an estimate of potential volumes of oil and gas recoverable by injection and sequestration of industrial carbon dioxide in potential [sequestration formations](#a-6);
  - (5) the [risk](#a-4) associated with the potential [sequestration formations](#a-6); and
  - (6) the work done to develop the Carbon Sequestration Atlas of the [United States](/usc/42/403.md?p=k) and Canada that was completed by the [Department](/usc/42/17001.md?p=1).
- (c) **Coordination—**
  - (1) **Federal coordination—**
    - (A) **Consultation—** The [Secretary](#a-5) shall consult with the [Secretary](#a-5) of [Energy](/usc/42/6311.md?p=7) and the [Administrator](/usc/42/4005.md?p=1) of the Environmental Protection Agency on issues of data sharing, format, development of the methodology, and content of the [assessment](#a-1) required under this section to ensure the maximum usefulness and success of the [assessment](#a-1).
    - (B) **Cooperation—** The [Secretary](#a-5) of [Energy](/usc/42/6311.md?p=7) and the [Administrator](/usc/42/4005.md?p=1) shall cooperate with the [Secretary](#a-5) to ensure, to the maximum extent practicable, the usefulness and success of the [assessment](#a-1).
  - (2) **State coordination—** The [Secretary](#a-5) shall consult with [State](/usc/42/201.md?p=f) geological surveys and other relevant entities to ensure, to the maximum extent practicable, the usefulness and success of the [assessment](#a-1).
- (d) **External review and publication—** On completion of the methodology under [subsection (b)](#b), the [Secretary](#a-5) shall—
  - (1) publish the methodology and solicit comments from the public and the heads of affected Federal and [State agencies](/usc/42/1396r–8.md?p=k-9);
  - (2) establish a [panel](/usc/42/10362.md?p=16) of individuals with expertise in the matters described in [paragraphs (1) through (5)](#b-1..b-5) of subsection (b) composed, as appropriate, of [representatives](/usc/42/3058f.md?p=5) of Federal agencies, institutions of higher education, nongovernmental organizations, [State](/usc/42/201.md?p=f) organizations, industry, and international geoscience organizations to review the methodology and comments received under [paragraph (1)](#d-1); and
  - (3) on completion of the review under [paragraph (2)](#d-2), publish in the Federal Register the revised final methodology.
- (e) **Periodic updates—** 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) **National assessment—**
  - (1) **In general—** Not later than 2 years after the date of publication of the methodology under [subsection (d)(1)](#d-1), the [Secretary](#a-5), in consultation with the [Secretary](#a-5) of [Energy](/usc/42/6311.md?p=7) and [State](/usc/42/201.md?p=f) geological surveys, shall complete a national [assessment](#a-1) of [capacity](#a-2) for carbon dioxide in accordance with the methodology.
  - (2) **Geological verification—** As part of the [assessment](#a-1) under this subsection, the [Secretary](#a-5) shall carry out a drilling [program](/usc/42/274l–1.md?p=4) to supplement the geological data relevant to determining sequestration [capacity](#a-2) of carbon dioxide in geological [sequestration formations](#a-6), including—
    - (A) well log data;
    - (B) core data; and
    - (C) fluid sample data.
  - (3) **Partnership with other drilling programs—** As part of the drilling [program](/usc/42/274l–1.md?p=4) under [paragraph (2)](#f-2), the [Secretary](#a-5) shall enter, as appropriate, into partnerships with other entities to collect and integrate data from other drilling [programs](/usc/42/274l–1.md?p=4) relevant to the sequestration of carbon dioxide in geological formations.
  - (4) **Incorporation into NatCarb—**
    - (A) **In general—** On completion of the [assessment](#a-1), the [Secretary](#a-5) of [Energy](/usc/42/6311.md?p=7) and the [Secretary](#a-5) of the Interior shall incorporate the results of the [assessment](#a-1) using—
      - (i) the NatCarb database, to the maximum extent practicable; or
      - (ii) a new database developed by the [Secretary](#a-5) of [Energy](/usc/42/6311.md?p=7), as the [Secretary](#a-5) of [Energy](/usc/42/6311.md?p=7) determines to be necessary.
    - (B) **Ranking—** The database shall include the data necessary to rank potential sequestration sites for [capacity](#a-2) and [risk](#a-4), across the [United States](/usc/42/403.md?p=k), within each [State](/usc/42/201.md?p=f), by formation, and within each basin.
  - (5) **Report—** Not later than 180 days after the date on which the [assessment](#a-1) is completed, the [Secretary](#a-5) shall submit to the Committee on [Energy](/usc/42/6311.md?p=7) and Natural Resources of the Senate and the Committee on Natural Resources of the House of [Representatives](/usc/42/3058f.md?p=5) a report describing the findings under the [assessment](#a-1).
  - (6) **Periodic updates—** The national [assessment](#a-1) developed under this section shall be updated periodically (including at least once every 5 years) to support public and private sector decisionmaking.
- (g) **Authorization of appropriations—** There is authorized to be appropriated to carry out this section $30,000,000 for the period of fiscal years 2008 through 2012.

## Source credit

(Pub. L. 110–140, title VII, § 711, Dec. 19, 2007, 121 Stat. 1710.)

## Notes

### 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.