NEGOTIATE WITH A SURFACE PROPERTY INTEREST OWNER FOR THE
RIGHT TO CONDUCT SEISMIC MONITORING ON LANDS OWNED BY THE
SURFACE PROPERTY INTEREST OWNER, THE SECRETARY MAY ISSUE
AN ORDER FOR THE ENTRY ONTO THE LANDS BY THE STORAGE
OPERATOR. IN THIS INSTANCE, THE STORAGE OPERATOR SHALL
PAY THE SURFACE PROPERTY INTEREST OWNER JUST AND
REASONABLE COMPENSATION AS ESTABLISHED BY THE SECRETARY.
(III) THE STORAGE OPERATOR SHALL DEFEND, INDEMNIFY
AND HOLD HARMLESS THE SURFACE PROPERTY INTEREST OWNER AND
SUBSURFACE PROPERTY INTEREST OWNER FOR ALL CLAIMS ARISING
OUT OF ENTRY ONTO THE PROPERTY BY THE STORAGE OPERATOR,
ITS CONTRACTORS AND ITS AGENTS.
(IV) A STORAGE OPERATOR SHALL PROVIDE FOR THE
SUBMISSION TO THE DEPARTMENT OF ANY SEISMIC DATA ABOVE A
SEISMIC THRESHOLD OR FREQUENCY DETERMINED BY THE
DEPARTMENT IN A MANNER PROVIDED FOR BY THE DEPARTMENT.
(3) TO OPERATE A CARBON SEQUESTRATION PROJECT UNDER THIS
SECTION, A STORAGE OPERATOR SHALL DESIGN THE CARBON
SEQUESTRATION PROJECT TO ISOLATE ANY EXISTING OR FUTURE
PRODUCTION FROM THE MINERAL, INCLUDING OF THE COAL, OR OIL AND
GAS ESTATE, FROM THE CARBON DIOXIDE PLUME AND SHALL INDICATE
WHETHER THE STORAGE FACILITY CONTAINS COMMERCIALLY VALUABLE
MINERAL, INCLUDING THE COAL, OR OIL AND GAS ESTATES, AND, IF IT
DOES, A PERMIT MAY BE ISSUED ONLY IF THE DEPARTMENT IS SATISFIED
THAT THE INTERESTS OF THE MINERAL, INCLUDING COAL, OR OIL AND
GAS ESTATE, WILL NOT BE ADVERSELY AFFECTED AND HAVE BEEN
ADDRESSED IN AN AGREEMENT ENTERED INTO BY THE STORAGE OPERATOR
AND THE SUBSURFACE PROPERTY INTEREST OWNERS.
Section 7. Ownership of material injected into storage
facilities and liability for holding interests
20230SB0831PN1434 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30