WASHINGTON, D.C. – Today, U.S. Senator John Barrasso (R-Wyo.) received broad support for his carbon capture and sequestration legislation during the Senate Energy and Natural Resources Committee hearing. Senator Barrasso delivered the following remarks regarding the future of coal and the Federal Pore Space Ownership Act (S. 1856):
“Right now half of the electricity in the United States comes from coal.
“Coal is affordable, abundant, and reliable. Most importantly, coal is an American energy resource.
“America cannot afford to leave stranded its most abundant, commercially viable energy resource.
“Coal creates American jobs. It generates revenues for federal, state and local governments. And it enhances America’s energy security.
“To make commercial scale carbon sequestration a reality, we must provide the legal and the regulatory framework to do so. We must address long-term liability.
“I introduced legislation now clarifying pore space ownership under the federal surface estate. Determining pore space ownership is a key aspect of creating the legal framework that’s needed for carbon sequestration. Addressing these questions is essential to ensuring the long term viability of coal.
“That’s why I introduced Senate bill 1856, the Federal Pore Space Ownership Act, which essentially defines pore space as the sub-surface space of any size that can be used to store carbon dioxide or other substances and clarifies that the federal government owns the pore space below federal land.”
BACKGROUND
“Pore space” refers to below surface areas where carbon could be stored. Determining pore space ownership is essential for carbon sequestration projects to proceed. While existing legal precedent suggests the pore space rights remain with the surface owner, the federal government has not made a clear determination for pore space under federal lands. This issue is particularly significant for Western States, where so much of the land is federal.
On October 22, 2009, Senator Barrasso introduced the Federal Pore Space and Ownership Act (S. 1856). This bill clarifies that pore space below federal lands belong to the federal government. By laying the groundwork for the long-term underground storage of carbon, this bill will make it possible to significantly reduce greenhouse gas emissions. It will protect our environment and ensures that coal, our country’s largest fossil fuel resource remains a vital part of our nation’s electricity supply.
At today’s hearing, Anne Castle, Assistant Secretary of the Department of the Interior, expressed the Administration’s support for Senator Barrasso’s bill. “Interior supports the goal of this bill to clarify policies regarding ownership of pore space. We support having clear rules in place before, not after, disputes arise,” said Castle.