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Code · BILL · 115th Congress · H.R. 4426 (Introduced in House) — To reform Federal onshore and offshore fossil fuel leasing, exploration, and development; promote renewable energy on... · Sec. 413

Sec. 413. Abandoned and orphaned wells

982 words·~4 min read·/bill/115/hr/4426/ih/section-413

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As used in this section, the term abandoned well means any well drilled for the purpose of exploring for or developing oil or gas resources (including coalbed methane) that— has not been in operation for a period of 12 continuous months, unless the owner or operator has notified the Secretary of the Interior (for wells drilled to explore for or develop minerals owned by the United States) or the relevant State regulatory agency (for wells drilled to explore for or develop minerals not owned by the United States) that the well has been temporarily shut down; or has not been operative for more than 60 continuous months after the owner or operator has notified the Secretary of the Interior (for wells drilled to explore for or develop minerals owned by the United States) or the relevant State regulatory agency (for wells drilled to explore for or develop minerals not owned by the United States) that the well has been temporarily shut down.
The Secretary of the Interior, in cooperation with the Secretary of Agriculture, shall establish a program to ensure to the maximum extent feasible the remediation, reclamation, and closure of abandoned wells that— are located on lands administered by an agency of the Department of the Interior or the Forest Service; or were drilled to explore for or develop minerals owned by the United States located on lands with respect to which the surface estate is not owned by the United States.
In implementing the program, the Secretary of the Interior— shall cooperate with the Secretary of Agriculture and the States with respect to the Federal lands covered by the program are located; and shall consult with the Secretary of Energy and the Interstate Oil and Gas Compact Commission. The Secretary of the Interior shall establish the program by no later than 3 years after the date of enactment of this section. The program established under paragraph
(1)shall— provide for identification of abandoned wells to be covered by the program; establish a means of ranking critical sites for priority in remediation based on potential environmental harm, other land use priorities, and public health and safety; and provide as far as possible for identifying any lessees or other persons responsible for abandoned wells, and for recovering the costs of remediation to the maximum extent feasible. Within 6 months after the date of enactment of this section, the Secretary of the Interior, in cooperation with the Secretary of Agriculture, shall prepare a plan for implementing the program established under paragraph (1). A copy of the plan shall be transmitted to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. No later than 3 years after the date of enactment of this section, the Secretary of the Interior, in consultation with the Secretary of Agriculture, shall complete a review of the status of remediation, reclamation, and closure actions under the program. Upon completion of the review required by subparagraph (A), the Secretary of the Interior shall provide to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate— a report on the results of the review; information regarding any wells on lands covered by the program that have been abandoned since the date of enactment of this section; and any recommendations the Secretary may choose to make regarding legislative or administration steps to further the purposes for which the program was established. The Secretary of the Interior, in consultation with the Secretary of Energy, shall establish a program to provide technical assistance to facilitate State efforts to develop and implement practical and economical remedies for environmental problems caused by abandoned wells on lands that are not owned by the United States. The Secretary shall work with the States, through the Interstate Oil and Gas Compact Commission, to assist the States in quantifying and mitigating environmental risks of onshore abandoned wells on State and private lands. The Secretary of the Interior, in consultation with the Secretary of Energy, shall establish a program to provide technical assistance to facilitate efforts by Indian Tribes to develop and implement practical and economical remedies for environmental problems caused by abandoned wells on Indian lands, including lands held in trust by the United States. So far as possible, the programs established under this section shall include— mechanisms to facilitate identification of responsible parties; criteria for ranking critical sites based on factors such as other land use priorities, potential environmental harm and public visibility; and information and training programs regarding best practices for remediation of different types of sites. There is established in the Treasury a separate account to be known as the Abandoned and Orphaned Oil and Gas Well Cleanup Fund. The account shall consist of amounts deposited in the account under section 35(d) of the Mineral Leasing Act. Of the amounts deposited into the account each fiscal year, there shall be available to the Secretary of the Interior— $5,000,000 to carry out subsection (b); and $5,000,000 to carry out subsection (c). Section 35(d) of the Mineral Leasing Act ( 30 U.S.C. 191(d) ) is amended— in paragraph (2), by inserting under paragraph
(1)after the fee ; in paragraph (3)— by striking this subsection and inserting paragraph
(1); and in subparagraph (B), by striking the fees and inserting such fees ; and by striking paragraph
(4)and inserting the following: In addition to the fee collected under paragraph (1), the Secretary shall collect a surcharge fee for each such new application for a permit to drill in the amount of $250 (as indexed as provided in paragraph (2)). Amounts collected as a surcharge fee under this paragraph shall be deposited into the Abandoned and Orphaned Oil and Gas Well Cleanup Fund established by section 413 of the Sustainable Energy Development Reform Act . .
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Sec. 413
Abandoned and orphaned wells
U.S.C.§ 191
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