
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-469 Section 103(3)]
[CITE: 42USC6214]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER I--DOMESTIC SUPPLY AVAILABILITY
 
                         Part A--Domestic Supply
 
Sec. 6214. Production of oil or gas at the maximum efficient 
        rate and temporary emergency production rate
        

(a) Determination by Secretary of the Interior

    (1) The Secretary of the Interior, by rule on the record after an 
opportunity for a hearing, shall, to the greatest extent practicable, 
determine the maximum efficient rate of production and, if any, the 
temporary emergency production rate for each field on Federal lands 
which produces, or is determined to be capable of producing, significant 
volumes of crude oil or natural gas, or both.
    (2) Except as provided in subsection (f) of this section, the 
President may, by rule or order, require crude oil or natural gas, or 
both, to be produced from fields on Federal lands designated by him--
        (A) at the maximum efficient rate of production, and
        (B) during a severe energy supply interruption, at the temporary 
    emergency production rate

as determined pursuant to paragraph (1) for such field.

(b) Determination of rate of production by States; required production

    (1) Each State or the appropriate agency thereof may, for the 
purposes of this section, pursuant to procedures and standards 
established by the State, determine the maximum efficient rate of 
production and, if any, the temporary emergency production rate, for 
each field (other than a field on Federal lands) within such State which 
produces, or is determined to be capable of producing, significant 
volumes of crude oil or natural gas, or both.
    (2) If a State or the appropriate agency thereof has determined the 
maximum efficient rate of production and, if any, the temporary 
emergency production rate, or both, or their equivalents (however 
characterized), for any field (other than a field on Federal lands) 
within such State, the President may, by rule or order, during a severe 
energy supply interruption, require the production of such fields at the 
rates of production established by the State.

(c) Fields composed of Federal and non-Federal land

    With respect to any field, which produces, or is determined to be 
capable of producing, significant volumes of crude oil, or natural gas, 
or both, which field is unitized and is composed of both Federal lands 
and lands other than Federal lands and there has been no determination 
of the maximum efficient rate of production or the temporary emergency 
production rate or both, the Secretary of the Interior may, pursuant to 
subsection (a)(1) of this section, determine a maximum efficient rate of 
production and a temporary emergency production rate, if any, for such 
field. The President may, during a severe energy supply interruption by 
rule or order, require production at the maximum efficient rate of 
production and the temporary emergency production rate, if any, 
determined for such field.

(d) Action to recover just compensation

    If loss of ultimate recovery of crude oil or natural gas, or both, 
occurs or will occur as the result of a rule or order under the 
authority of this section to produce at the temporary emergency 
production rate, the owner of any property right who considers himself 
damaged by such order may bring an action in a United States district 
court to recover just compensation, which shall be awarded if the court 
finds that such loss constitutes a taking of property compensable under 
the Constitution.

(e) ``Maximum efficient rate of production'' and ``temporary emergency 
        production rate'' defined

    As used in this section:
        (1) The term ``maximum efficient rate of production'' means the 
    maximum rate of production of crude oil or natural gas, or both, 
    which may be sustained without loss of ultimate recovery of crude 
    oil or natural gas, or both, under sound engineering and economic 
    principles.
        (2) The term ``temporary emergency production rate'' means the 
    maximum rate of production for a field--
            (A) which rate is above the maximum efficient rate of 
        production established for such field; and
            (B) which may be maintained for a temporary period of less 
        than 90 days without reservoir damage and without significant 
        loss of ultimate recovery of crude oil or natural gas, or both, 
        from such field.

(f) Naval Petroleum Reserves

    Nothing in this section shall be construed to authorize the 
production of crude oil, or natural gas, or both, from any Naval 
Petroleum Reserve subject to the provisions of chapter 641 of title 10.

(Pub. L. 94-163, title I, Sec. 106, Dec. 22, 1975, 89 Stat. 880.)

                          Transfer of Functions

    Functions of Secretary of the Interior to promulgate regulations 
under this chapter relating to setting of rates for production of 
Federal leases to establish production rates for all Federal leases 
transferred to Secretary of Energy by section 7152(b), (c) of this 
title. Section 7152(b), (c) of this title repealed by Pub. L. 97-100, 
title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407, and functions of 
Secretary of Energy returned to Secretary of the Interior. See House 
Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

                  Section Referred to in Other Sections

    This section is referred to in section 7172 of this title.
