Page:United States Statutes at Large Volume 92 Part 3.djvu/734

 92 STAT. 3366

PUBLIC LAW 95-621—NOV. 9, 1978 may b e), the maximum lawful price under this subsection for any such natural g a s delivered during any month shall be the maximum lawful price, p e r million Btu's, computed for such month under section 102 (relating to new natural gas). (B)

I N D I A N TRIBAL LANDS.—For purposes of t h i s p a r a -

grapli, land shall be considered to be owned by a n Indian tribe only if— (i) such land is owned directly by such t r i b e; or (ii) such land is held by the United States or any State in trust for Indian persons and is located within the boundaries of an Indian reservation (as such boundaries were in effect on the date of the enactment of this Act). (C) DEFINITIONS. — For purposes of this paragraph — (i)

STATE GOVERNMENT.—The term

"State

govern-

m e n t " means any State or any agency, instrumentality, or political subdivision of a State. (ii) INDIAN TRIBE.—The term " Indian t r i b e " means any Indian tribe recognized as eligible for services provided by the Secretary of the Interior to Indians.

_.

(c) C E I L I N G P R I C E S M A Y B E INCREASED I F J U S T AND REASONABLE.—

15 USC 7i7w. 15 USC 3317.

The Commission may, by rule or order, prescribe a maximum lawful price, applicable to any first sale of any n a t u r a l g a s (or category thereof, as determined by the Commission) otherwise subject to the preceding provisions of this section, if such price is— (1) higher than the maximum lawful price which would otherwise be applicable under such provisions; and (2) just and reasonable within the meaning of the Natural Gas Act. SEC. 107. CEILING PRICE FOR HIGH-COST NATURAL GAS. (a) W E L L S COMPLETED BELOW 15,000 F E E T. — I n the case of any first

sale of high-cost n a t u r a l gas produced from any well the surface drilling of which began on or after February 19, 1977, if such production is from any completion location which is located a t a depth of more than 15,000 feet, the maximum lawful price under this section for such n a t u r a l gas delivered during any month shall be the maximum lawful price, p e r million Btu's, computed for such month under section 102 (relating to new natural g a s). (b)

COMMISSION AUTHORITY TO PRESCRIBE

HIGHER

INCENTIVE

PRICES.—The Commission may, by rule or order, prescribe a maximum lawful price, applicable to any first sale of any high-cost natural gas, which exceeds the otherwise applicable maximum lawful price to the extent that such special price is necessary to provide reasonable incentives for the production of such high-cost natural gas. (c) DEFINITION OF H I G H - C O S T NATURAL G A S. — For purposes of t h i s

Post, p. 3397.

section, the term "high-cost n a t u r a l g a s " means n a t u r a l gas determined in accordance with section 503 to be— (1) produced from any well the surface drilling of which began on or after February 19, 1977, if such production is from a completion location which is located a t a depth of more than 15,000 feet; (2) produced from geopressured b r i n e; (3) occluded natural gas produced from coal seams; (4) produced from Devonian shale; and (5) produced under such other conditions as the Commission determines to present extraordinary risks or costs.

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