Sec. 84101. Establishment of federal orphaned well remediation program
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Section 349 of the Energy Policy Act of 2005 ( Public Law 109–58 ; 42 U.S.C. 15907 ) is amended— by striking the section title and inserting with ; and Orphaned Well Remediation Program by striking subsections
(a)through
(i)and replacing with the following: The Secretary, in cooperation with the Secretary of Agriculture, shall establish a program not later than 90 days after the date of enactment of this section to remediate, reclaim, and close orphaned oil and gas wells located on land administered by the land management agencies within the Department of the Interior and the Department of Agriculture. The program under subsection
(a)shall— include a means of ranking orphaned well sites for priority in remediation, reclamation, and closure, based on public health and safety, potential environmental harm, and other land use priorities; distribute funding according to the priorities identified under paragraph
(1)of this subsection for— reclaiming, remediating, and closing orphaned wells; reclaiming and remediating well pads and access roads associated with orphaned wells; and restoring native species habitat that has been degraded due to the presence of orphaned wells; provide a public accounting of the costs of remediation, reclamation, and closure for each orphaned well site; and seek to determine the identities of potentially responsible parties associated with the orphaned well sites, or their sureties or guarantors, to the extent such information can be ascertained, and make efforts to obtain reimbursement for expenditures to the extent practicable. In carrying out the program under subsection (a), the Secretary shall— work cooperatively with the Secretary of Agriculture and the States within which Federal land is located; and consult with affected Tribes, the Secretary of Energy, and the Interstate Oil and Gas Compact Commission. The Secretary shall establish a program not later than 90 days after the date of enactment of this section to provide grants to States and Tribes to remediate, reclaim, and close orphaned oil and gas wells located on State, Tribal, or private lands. Funds distributed under this subsection may be used by States and Tribes for the activities described in subsection (b), and in addition for— identification and characterization of undocumented orphaned wells on State, Tribal, and private lands; ranking orphaned or abandoned well sites based on factors such as public health and safety, potential environmental harm, and other land use priorities; administration of a State or Tribal orphaned well closure program, provided that no more than 10 percent of the funds received by a State or Tribe under this subsection may be used for this purpose; and making information regarding the use of funds under this subsection available to the public. In providing grants under this subsection, the Secretary shall give priority to— States and Tribes that have an established State or Tribal program for the remediation, reclamation, or closure of abandoned, idled, or orphaned oil and gas wells; and States and Tribes that require companies to provide financial assurances prior to drilling a well equal to the estimated full cost of well closure and land remediation. States and Tribes shall be eligible for grants under this subsection upon application to the Secretary of the Interior. Such application shall include— a prioritized list of the wells, well sites, and affected areas that will be remediated, reclaimed, or closed; a description of the activities to be carried out with the grant, including an identification of the estimated health, safety, habitat, and environmental benefits of remediating, reclaiming, or closing each well, well site, or affected area; an estimate of the cost of each proposed project; an estimate of the number of jobs that will be created or saved through the projects to be funded under this subsection; an estimate of the funds to be spent on administrative costs; and a description of how the information regarding the State’s or Tribe’s activities under this subsection will be made available to the public. The Secretary shall, in consultation with States, affected Tribes, and the Interstate Oil and Gas Compact Commission, develop a formula for the amount of grant funding each State or Tribe is eligible for under this subsection, taking into account— the number of documented orphaned wells within the State or on each Tribe’s lands; the estimated number of undocumented orphaned wells within the State or on each Tribe’s lands; and the amount of oil and gas activity within the State or on Tribal lands in the previous 10 years. The Secretary of Energy, in cooperation with the Secretary, shall establish a program to provide technical assistance to oil and gas producing States and Tribes to ensure practical and economical remedies for environmental problems caused by orphaned or abandoned oil and gas well sites on State, Tribal, or private land. The Secretary of Energy 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 orphaned or abandoned oil or gas wells on State and private land. The program under paragraph
(1)shall include— mechanisms to facilitate identification, if feasible, of the persons currently providing a bond or other form of financial assurance required under State or Federal law for an oil or gas well that is orphaned or abandoned; criteria for ranking orphaned or abandoned well sites based on factors such as public health and safety, potential environmental harm, and other land use priorities; information and training programs on best practices for remediation of different types of sites; and funding of State mitigation efforts on a cost-shared basis. Not later than 1 year after the date of enactment of this section, and every year thereafter, the Secretary shall submit to Congress a report on the programs established under this section. As used in this subsection— The term orphaned well means any well not in operation for which there is no responsible party known to the Secretary to reclaim and remediate or close the well site; and The term responsible party includes any person, association, corporation, subsidiary, or affiliate that directly or indirectly, controls, manages, directs, or undertakes the activities with respect to an oil and gas lease or any person or entity controlled by, or under common control with, such person or entity. There are authorized to be appropriated to the Secretary of the Interior for each of fiscal years 2020 through 2024— $50,000,000 to carry out the program under subsection (a); and $350,000,000 to carry out the program under subsection (d). .
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- Pub. L. 109-58
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Sec. 84101
Establishment of federal orphaned well remediation program
Pub. L.Pub. L. 109-58
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