---
kind: "section"
citation: "15 U.S.C. § 3391"
title: "15"
title_heading: "Commerce and Trade"
number: "3391"
heading: "Natural gas for essential agricultural uses"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/3391"
units:
  - "Chapter 60 — Natural Gas Policy"
  - "Subchapter IV — Natural Gas Curtailment Policies"
---

# §3391. Natural gas for essential agricultural uses

- (a) **General rule—** Not later than 120 days after November 9, 1978, the Secretary of Energy shall prescribe and make effective a rule, which may be amended from time to time, which provides that, notwithstanding any other provision of law (other than [subsection (b)](#b)) and to the maximum extent practicable, no curtailment plan of an [interstate pipeline](/usc/15/3301.md?p=15) may provide for curtailment of deliveries of [natural gas](/usc/15/3301.md?p=1) for any essential agricultural use, unless such curtailment—
  - (1) does not reduce the quantity of [natural gas](/usc/15/3301.md?p=1) delivered for such use below the use requirement specified in [subsection (c)](#c); or
  - (2) is necessary in order to meet the requirements of high-priority users.
- (b) **Curtailment priority not applicable if alternative fuel available—** If the [Commission](/usc/15/3301.md?p=24), in consultation with the Secretary of Agriculture, determines, by rule or order, that use of a fuel (other than [natural gas](/usc/15/3301.md?p=1)) is economically practicable and that the fuel is reasonably available as an alternative for any agricultural use of [natural gas](/usc/15/3301.md?p=1), the provisions of [subsection (a)](#a) shall not apply with respect to any curtailment of deliveries for such use.
- (c) **Determination of essential agricultural use requirements—** The Secretary of Agriculture shall certify to the Secretary of Energy and the [Commission](/usc/15/3301.md?p=24) the [natural gas](/usc/15/3301.md?p=1) requirements (expressed either as volumes or percentages of use) of [persons](/usc/15/3301.md?p=26) (or classes thereof) for essential agricultural uses in order to meet the requirements of full [food](/usc/15/55.md?p=b) and fiber production.
- (d) **Authority of Secretary of Agriculture to intervene—** The Secretary of Agriculture may intervene as a matter of right in any proceeding before the [Commission](/usc/15/3301.md?p=24) which is conducted in connection with implementing the requirements of the rule prescribed under [subsection (a)](#a).
- (e) **Limitation—** The Secretary of Agriculture may not exercise any authority under this section for the purpose of restricting the production of any crop.
- (f) **Definitions—** For purposes of this section—
  - (1) **Essential agricultural use—** The term “essential agricultural use”, when used with respect to [natural gas](/usc/15/3301.md?p=1), means any use of [natural gas](/usc/15/3301.md?p=1)—
    - (A) for agricultural production, natural fiber production, natural fiber processing, [food](/usc/15/55.md?p=b) processing, [food](/usc/15/55.md?p=b) quality maintenance, irrigation pumping, crop drying, or
    - (B) as a process fuel or feedstock in the production of fertilizer, agricultural chemicals, animal feed, or [food](/usc/15/55.md?p=b),

    which the Secretary of Agriculture determines is necessary for full [food](/usc/15/55.md?p=b) and fiber production.

  - (2) **High-priority user—** The term “high-priority user” means any [person](/usc/15/3301.md?p=26) who—
    - (A) uses [natural gas](/usc/15/3301.md?p=1) in a residence;
    - (B) uses [natural gas](/usc/15/3301.md?p=1) in a commercial establishment in amounts of less than 50 [Mcf](/usc/15/3301.md?p=29) on a peak day;
    - (C) uses [natural gas](/usc/15/3301.md?p=1) in any school, hospital, or similar institution; or
    - (D) uses [natural gas](/usc/15/3301.md?p=1) in any other use the curtailment of which the Secretary of Energy determines would endanger life, health, or maintenance of physical property.

## Source credit

(Pub. L. 95–621, title IV, § 401, Nov. 9, 1978, 92 Stat. 3394.)