94 STAT. 240
10 CFR 212.78.
PUBLIC LAW 96-223—APR. 2, 1980 "(A) a qualified tertiary enhanced recovery project with respect to which a certification as such has been approved and is in effect under the June 1979 energy regulations, or "(B) any project for enhancing recovery of crude oil which meets the requirements of paragraph (2). "(2) REQUIREMENTS.—A project meets the requirements of this paragraph if— "(A) the project involves the application (in accordance with sound engineering principles) of 1 or more tertiary recovery methods which can reasonably be expected to result in more than an insignificant increase in the amount of crude oil which will ultimately be recovered, "(B) the project beginning date is after May 1979, "(C) the portion of the property to be affected by the project is adequately delineated, "(D) the operator submits (at such time and in such manner as the Secretary may by regulations prescribe) to the Secretary— "(i) a certification from a petroleum engineer that the project meets the requirements of subparagraphs (A), (B),and(C),or "(ii) a certification that a jurisdictional agency (within the meaning of subsection (d)(5)) has approved the project as meeting the requirements of subparagraphs (A), (B), and (C), and that such approval is still in effect, and "(E) the operator submits (at such time and such manner as the Secretary may by regulations prescribe) to the Secretary a certification from a petroleum engineer that the project continues to meet the requirements of subparagraphs (A), (B), and (C). "(d) DEFINITIONS AND SPECIAL RULES.—For purposes of this section— "(1) TERTIARY RECOVERY METTHOD.—The term 'tertiary recovery method' means— "(A) any method which is described in subparagraphs (1) through (9) of section 212.78(c) of the June 1979 energy regulations, or "(B) any other method to provide tertiary enhanced recovery which is approved by the Secretary for purposes of this chapter. "(2) PROJECT BEGINNING DATE.—The term 'project beginning date' means the later of— "(A) the date on which the injection of liquids, gases, or other matter begins, or "(B) the date on which— "(i) in the case of a project described in subsection (c)(1)(A), the project is certified as a qualified tertiary enhanced recovery project under the June 1979 energy regulations, or "(ii) in the case of a project described in subsection (c)(1)(B), a petroleum engineer certifies, or a jurisdictional agency approves, the project as meeting the requirements of subparagraphs (A), (B), and (C) of subsection (c)(2). "(3) PROJECT ONLY AFFECTS PORTION OF PROPERTY.—If a qualified tertiary recovery project can reasonably be expected to increase the ultimate recovery of crude oil from only a portion of a property, such portion shall be treated as a separate property.
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