Page:United States Statutes at Large Volume 119.djvu/754

 119 STAT. 736

PUBLIC LAW 109–58—AUG. 8, 2005

(c) DEFINITION OF UTILITY FACILITY.—In this section, the term ‘‘utility facility’’ means any privately, publicly, or cooperatively owned line, facility, or system— (1) for the transportation of— (A) oil, natural gas, synthetic liquid fuel, or gaseous fuel; (B) any refined product produced from oil, natural gas, synthetic liquid fuel, or gaseous fuel; or (C) products in support of the production of material referred to in subparagraph (A) or (B); (2) for storage and terminal facilities in connection with the production of material referred to in paragraph (1); or (3) for the generation, transmission, and distribution of electric energy. SEC. 373. SENSE OF CONGRESS REGARDING DEVELOPMENT OF MINERALS UNDER PADRE ISLAND NATIONAL SEASHORE.

(a) FINDINGS.—Congress finds the following: (1) Pursuant to Public Law 87–712 (16 U.S.C. 459d et seq.; popularly known as the ‘‘Federal Enabling Act’’) and various deeds and actions under that Act, the United States is the owner of only the surface estate of certain lands constituting the Padre Island National Seashore. (2) Ownership of the oil, gas, and other minerals in the subsurface estate of the lands constituting the Padre Island National Seashore was never acquired by the United States, and ownership of those interests is held by the State of Texas and private parties. (3) Public Law 87–712 (16 U.S.C. 459d et seq.)— (A) expressly contemplated that the United States would recognize the ownership and future development of the oil, gas, and other minerals in the subsurface estate of the lands constituting the Padre Island National Seashore by the owners and their mineral lessees; and (B) recognized that approval of the State of Texas was required to create Padre Island National Seashore. (4) Approval was given for the creation of Padre Island National Seashore by the State of Texas through Tex. Rev. Civ. Stat. Ann. Art. 6077(t) (Vernon 1970), which expressly recognized that development of the oil, gas, and other minerals in the subsurface of the lands constituting Padre Island National Seashore would be conducted with full rights of ingress and egress under the laws of the State of Texas. (b) SENSE OF CONGRESS.—It is the sense of Congress that with regard to Federal law, any regulation of the development of oil, gas, or other minerals in the subsurface of the lands constituting Padre Island National Seashore should be made as if those lands retained the status that the lands had on September 27, 1962. Louisiana.

SEC. 374. LIVINGSTON PARISH MINERAL RIGHTS TRANSFER.

Section 102 of Public Law 102–562 (106 Stat. 4234) is amended by striking subsection (b) and inserting the following: ‘‘(b) RESERVATION OF OIL AND GAS RIGHTS AND CONVEYANCE OF REMAINING MINERAL RIGHTS.—Subject to the limitations set forth in subsection (c), the United States hereby excepts and reserves from the provisions of subsection (a), all rights to oil and gas underlying such lands, along with the right to explore

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