42 USC 15907 - Orphaned well site plugging, remediation, and restoration

Collapse to view only § 15907. Orphaned well site plugging, remediation, and restoration

§ 15901. Definition of Secretary
§ 15902. Program on oil and gas royalties in-kind
§ 15903. Marginal property production incentives
§ 15904. Incentives for natural gas production from deep wells in the shallow waters of the Gulf of Mexico
§ 15905. Royalty relief for deep water production
§ 15906. North Slope Science Initiative
§ 15907. Orphaned well site plugging, remediation, and restoration
§ 15908. Preservation of geological and geophysical data
§ 15909. Gas hydrate production incentive
§ 15910. Enhanced oil and natural gas production through carbon dioxide injection
§ 15911. Denali Commission
§ 15912. Comprehensive inventory of OCS oil and natural gas resources

§ 15901. Definition of Secretary

In this part, the term “Secretary” means the Secretary of the Interior.

(Pub. L. 109–58, title III, § 341, Aug. 8, 2005, 119 Stat. 697.)

§ 15902. Program on oil and gas royalties in-kind

(a) Applicability of section

Notwithstanding any other provision of law, this section applies to all royalty in-kind accepted by the Secretary on or after August 8, 2005, under any Federal oil or gas lease or permit under—

(1)section 192 of title 30;

(2)section 1353 of title 43; or

(3) any other Federal law governing leasing of Federal land for oil and gas development.

(b) Terms and conditions

All royalty accruing to the United States shall, on the demand of the Secretary, be paid in-kind. If the Secretary makes such a demand, the following provisions apply to the payment:

(1) Satisfaction of royalty obligation

(2) Marketable condition

(A) Definition of marketable condition

(B) Requirement

(3) Disposition by the Secretary

The Secretary may—

(A) sell or otherwise dispose of any royalty production taken in-kind (other than oil or gas transferred under section 1353(a)(3) of title 43 1

1 So in original. Probably should be followed by a closing parenthesis.

for not less than the market price; and

(B) transport or process (or both) any royalty production taken in-kind.

(4) Retention by the Secretary

The Secretary may, notwithstanding section 3302 of title 31, retain and use a portion of the revenues from the sale of oil and gas taken in-kind that otherwise would be deposited to miscellaneous receipts, without regard to fiscal year limitation, or may use oil or gas received as royalty taken in-kind (referred to in this paragraph as “royalty production”) to pay the cost of—

(A) transporting the royalty production;

(B) processing the royalty production;

(D) any combination of transporting, processing, and disposing of the royalty production.

(5) Limitation

(A) In general

(B) Exception

If the lessee, pursuant to an agreement with the United States or as provided in the lease, processes the royalty gas or delivers the royalty oil or gas at a point not on or adjacent to the lease area, the Secretary shall—

(1) reimburse the lessee for the reasonable costs of transportation (not including gathering) from the lease to the point of delivery or for processing costs; or

(2) allow the lessee to deduct the transportation or processing costs in reporting and paying royalties in-value for other Federal oil and gas leases.

(d) Benefit to the United States required

(e) Deduction of expenses

(1) In general

(2) Accounting for deductions

(f) Consultation with States

The Secretary—

(1) shall consult with a State before conducting a royalty in-kind program under this part within the State;

(2) may delegate management of any portion of the Federal royalty in-kind program to the State except as otherwise prohibited by Federal law; and

(3) shall consult annually with any State from which Federal oil or gas royalty is being taken in-kind to ensure, to the maximum extent practicable, that the royalty in-kind program provides revenues to the State greater than or equal to the revenues likely to have been received had royalties been taken in-value.

(g) Small refineries

(1) Preference

(2)

(h) Disposition to Federal agencies

(1) Onshore royalty

(2) Offshore royalty

(i) Federal low-income energy assistance programs

(1) Preference

(2) Report

Not later than 3 years after August 8, 2005, the Secretary shall submit a report to Congress—

(A) assessing the effectiveness of granting preferences specified in paragraph (1); and

(B) providing a specific recommendation on the continuation of authority to grant preferences.

(Pub. L. 109–58, title III, § 342, Aug. 8, 2005, 119 Stat. 697; Pub. L. 113–188, title XI, § 1101, Nov. 26, 2014, 128 Stat. 2023.)

§ 15903. Marginal property production incentives

(a) Definition of marginal property

(b) Conditions for reduction of royalty rateUntil such time as the Secretary issues regulations under subsection (e) that prescribe different standards or requirements, the Secretary shall reduce the royalty rate on—

(1) oil production from marginal properties as prescribed in subsection (c) if the spot price of West Texas Intermediate crude oil at Cushing, Oklahoma, is, on average, less than $15 per barrel (adjusted in accordance with the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics) for 90 consecutive trading days; and

(2) gas production from marginal properties as prescribed in subsection (c) if the spot price of natural gas delivered at Henry Hub, Louisiana, is, on average, less than $2.00 per million British thermal units (adjusted in accordance with the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics) for 90 consecutive trading days.

(1) In generalWhen a marginal property meets the conditions specified in subsection (b), the royalty rate shall be the lesser of—

(A) 5 percent; or

(B) the applicable rate under any other statutory or regulatory royalty relief provision that applies to the affected production.

(2) Period of effectiveness

(d) Termination of reduced royalty rateA royalty rate prescribed in subsection (c)(1) shall terminate—

(1) with respect to oil production from a marginal property, on the first day of the production month following the date on which—

(A) the spot price of West Texas Intermediate crude oil at Cushing, Oklahoma, on average, exceeds $15 per barrel (adjusted in accordance with the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics) for 90 consecutive trading days; or

(B) the property no longer qualifies as a marginal property; and

(2) with respect to gas production from a marginal property, on the first day of the production month following the date on which—

(A) the spot price of natural gas delivered at Henry Hub, Louisiana, on average, exceeds $2.00 per million British thermal units (adjusted in accordance with the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics) for 90 consecutive trading days; or

(B) the property no longer qualifies as a marginal property.

(e) Regulations prescribing different relief

(1) Discretionary regulations

(2) Mandatory regulationsUnless a determination is made under paragraph (3), not later than 18 months after August 8, 2005, the Secretary shall by regulation—

(A) prescribe standards and requirements for, and the extent of royalty relief for, marginal properties for oil and gas leases on the outer Continental Shelf; and

(B) define what constitutes a marginal property on the outer Continental Shelf for purposes of this section.

(3) Report

(4) ConsiderationsIn issuing regulations under this subsection, the Secretary may consider—

(A) oil and gas prices and market trends;

(B) production costs;

(D) Federal and State tax provisions and the effects of those provisions on production economics;

(E) other royalty relief programs;

(F) regional differences in average wellhead prices;

(G) national energy security issues; and

(H) other relevant matters, as determined by the Secretary.

(f) Savings provision

(Pub. L. 109–58, title III, § 343, Aug. 8, 2005, 119 Stat. 700.)

§ 15904. Incentives for natural gas production from deep wells in the shallow waters of the Gulf of Mexico

(a) Royalty incentive regulations for ultra deep gas wells

(1) In general

(2) Suspension volumes

The Secretary may grant suspension volumes of not less than 35 billion cubic feet in any case in which—

(A) the ultra deep well is a sidetrack; or

(B) the lease has previously produced from wells with a perforated interval the top of which is at least 15,000 feet true vertical depth below the datum at mean sea level.

(3) Definitions

In this subsection:

(A) Ultra deep well

(B) Sidetrack

(i) In general

(ii) Inclusion

The term “sidetrack” includes—

(I) drilling a well from a platform slot reclaimed from a previously drilled well;(II) re-entering and deepening a previously drilled well; and(III) a bypass from a sidetrack, including drilling around material blocking a hole or drilling to straighten a crooked hole.

(b) Royalty incentive regulations for deep gas wells

(Pub. L. 109–58, title III, § 344, Aug. 8, 2005, 119 Stat. 702.)

§ 15905. Royalty relief for deep water production

(a) In general

(b) Suspension of royalties

The suspension of royalties under subsection (a) shall be established at a volume of not less than—

(1) 5,000,000 barrels of oil equivalent for each lease in water depths of 400 to 800 meters;

(2) 9,000,000 barrels of oil equivalent for each lease in water depths of 800 to 1,600 meters;

(3) 12,000,000 barrels of oil equivalent for each lease in water depths of 1,600 to 2,000 meters; and

(4) 16,000,000 barrels of oil equivalent for each lease in water depths greater than 2,000 meters.

(Pub. L. 109–58, title III, § 345, Aug. 8, 2005, 119 Stat. 703.)

§ 15906. North Slope Science Initiative

(a) Establishment

(1) In general

(2) Purpose

(b) ObjectivesTo ensure that the Initiative is conducted through a comprehensive science strategy and implementation plan, the Initiative shall, at a minimum—

(1) identify and prioritize information needs for inventory, monitoring, and research activities to address the individual and cumulative effects of past, ongoing, and anticipated development activities and environmental change on the North Slope;

(2) develop an understanding of information needs for regulatory and land management agencies, local governments, and the public;

(3) focus on prioritization of pressing natural resource management and ecosystem information needs, coordination, and cooperation among agencies and organizations;

(4) coordinate ongoing and future inventory, monitoring, and research activities to minimize duplication of effort, share financial resources and expertise, and assure the collection of quality information;

(5) identify priority needs not addressed by agency science programs in effect on August 8, 2005, and develop a funding strategy to meet those needs;

(6) provide a consistent approach to high caliber science, including inventory, monitoring, and research;

(7) maintain and improve public and agency access to—

(A) accumulated and ongoing research; and

(B) contemporary and traditional local knowledge; and

(8) ensure through appropriate peer review that the science conducted by participating agencies and organizations is of the highest technical quality.

(1) In general

(2) Cooperative agreements

(d) Science technical advisory panel

(1) In general

(2) Membership

(e) Reports

(f) Authorization of appropriations

(Pub. L. 109–58, title III, § 348, Aug. 8, 2005, 119 Stat. 708.)

§ 15907. Orphaned well site plugging, remediation, and restoration

(a) DefinitionsIn this section:

(1) Federal landThe term “Federal land” means land administered by a land management agency within—

(A) the Department of Agriculture; or

(B) the Department of the Interior.

(2) Idled wellThe term “idled well” means a well—

(A) that has been nonoperational for not fewer than 4 years; and

(B) for which there is no anticipated beneficial future use.

(3) Indian Tribe

(4) Operator

(5) Orphaned wellThe term “orphaned well”—

(A) with respect to Federal land or Tribal land, means a well—

(i)1

1 So in original. No cl. (ii) has been enacted.

 (I) that is not used for an authorized purpose, such as production, injection, or monitoring; and

(II)(aa) for which no operator can be located;(bb) the operator of which is unable—(AA) to plug the well; and(BB) to remediate and reclaim the well site; or(cc) that is within the National Petroleum Reserve–Alaska; and

(B) with respect to State or private land—

(i) has the meaning given the term by the applicable State; or

(ii) if that State uses different terminology, has the meaning given another term used by the State to describe a well eligible for plugging, remediation, and reclamation by the State.

(6) Tribal landThe term “Tribal land” means any land or interest in land owned by an Indian Tribe, the title to which is—

(A) held in trust by the United States; or

(B) subject to a restriction against alienation under Federal law.

(b) Federal program

(1) Establishment

(2) Included activitiesThe program under this subsection shall—

(A) include a method of—

(i) identifying, characterizing, and inventorying orphaned wells and associated pipelines, facilities, and infrastructure on Federal land; and

(ii) ranking those orphaned wells for priority in plugging, remediation, and reclamation, based on—(I) public health and safety;(II) potential environmental harm; and(III) other subsurface impacts or land use priorities;

(B) distribute funding in accordance with the priorities established under subparagraph (A)(ii) for—

(i) plugging orphaned wells;

(ii) remediating and reclaiming well pads and facilities associated with orphaned wells;

(iii) remediating soil and restoring native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines, facilities, and infrastructure; and

(iv) remediating land adjacent to orphaned wells and decommissioning or removing associated pipelines, facilities, and infrastructure;

(D) seek to determine the identities of potentially responsible parties associated with the orphaned well (or a surety or guarantor of such a party), to the extent such information can be ascertained, and make efforts to obtain reimbursement for expenditures to the extent practicable;

(E) measure or estimate and track—

(i) emissions of methane and other gases associated with orphaned wells; and

(ii) contamination of groundwater or surface water associated with orphaned wells; and

(F) identify and address any disproportionate burden of adverse human health or environmental effects of orphaned wells on communities of color, low-income communities, and Tribal and indigenous communities.

(3) Idled wellsThe Secretary, acting through the Director of the Bureau of Land Management, shall—

(A) periodically review all idled wells on Federal land; and

(B) reduce the inventory of idled wells on Federal land.

(4) Cooperation and consultationIn carrying out the program under this subsection, the Secretary shall—

(A) work cooperatively with—

(i) the Secretary of Agriculture;

(ii) affected Indian Tribes; and

(iii) each State within which Federal land is located; and

(B) consult with—

(i) the Secretary of Energy; and

(ii) the Interstate Oil and Gas Compact Commission.

(1) In generalThe Secretary shall provide to States, in accordance with this subsection—

(A) initial grants under paragraph (3);

(B) formula grants under paragraph (4); and

(2) Activities

(A) In generalA State may use funding provided under this subsection for any of the following purposes:

(i) To plug, remediate, and reclaim orphaned wells located on State-owned or privately owned land.

(ii) To identify and characterize undocumented orphaned wells on State and private land.

(iii) To rank orphaned wells based on factors including—(I) public health and safety;(II) potential environmental harm; and(III) other land use priorities.

(iv) To make information regarding the use of funds received under this subsection available on a public website.

(v) To measure and track—(I) emissions of methane and other gases associated with orphaned wells; and(II) contamination of groundwater or surface water associated with orphaned wells.

(vi) To remediate soil and restore native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines, facilities, and infrastructure.

(vii) To remediate land adjacent to orphaned wells and decommission or remove associated pipelines, facilities, and infrastructure.

(viii) To identify and address any disproportionate burden of adverse human health or environmental effects of orphaned wells on communities of color, low-income communities, and Tribal and indigenous communities.

(ix) Subject to subparagraph (B), to administer a program to carry out any activities described in clauses (i) through (viii).

(B) Administrative cost limitation

(i) In general

(ii) Exception

(3) Initial grants

(A) In generalSubject to the availability of appropriations, the Secretary shall distribute—

(i) not more than $25,000,000 to each State that submits to the Secretary, by not later than 180 days after November 15, 2021, a request for funding under this clause, including—(I) an estimate of the number of jobs that will be created or saved through the activities proposed to be funded; and(II) a certification that—(aa) the State is a Member State or Associate Member State of the Interstate Oil and Gas Compact Commission;(bb) there are 1 or more documented orphaned wells located in the State; and(cc) the State will use not less than 90 percent of the funding requested under this subsection to issue new contracts, amend existing contracts, or issue grants for plugging, remediation, and reclamation work by not later than 90 days after the date of receipt of the funds; and

(ii) not more than $5,000,000 to each State that— requests funding under this clause;(II) does not receive a grant under clause (i); and(III) certifies to the Secretary that—(aa) the State—(AA) has in effect a plugging, remediation, and reclamation program for orphaned wells; or(BB) the capacity to initiate such a program; or(bb) the funds provided under this paragraph will be used to carry out any administrative actions necessary to develop an application for a formula grant under paragraph (4) or a performance grant under paragraph (5).

(B) Distribution

(D) Report

(4) Formula grants

(A) Establishment

(i) In general

(ii) Description of States

(iii) FactorsThe formula established under clause (i) shall account for, with respect to an applicant State, the following factors:(I) Job losses in the oil and gas industry in the State during the period—(aa) beginning on March 1, 2020; and(bb) ending on November 15, 2021.(II) The number of documented orphaned wells located in the State, and the projected cost—(aa) to plug or reclaim those orphaned wells;(bb) to reclaim adjacent land; and(cc) to decommission or remove associated pipelines, facilities, and infrastructure.

(iv) Publication

(B) ApplicationTo be eligible to receive a formula grant under this paragraph, a State shall submit to the Secretary an application that includes—

(i) a description of—(I) the State program for orphaned well plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the State to carry out proposed activities using the grant;(II) the activities to be carried out with the grant, including an identification of the estimated health, safety, habitat, and environmental benefits of plugging, remediating, or reclaiming orphaned wells; and(III) the means by which the information regarding the activities of the State under this paragraph will be made available on a public website;

(ii) an estimate of—(I) the number of orphaned wells in the State that will be plugged, remediated, or reclaimed;(II) the projected cost of—(aa) plugging, remediating, or reclaiming orphaned wells;(bb) remediating or reclaiming adjacent land; and(cc) decommissioning or removing associated pipelines, facilities, and infrastructure;(III) the amount of that projected cost that will be offset by the forfeiture of financial assurance instruments, the estimated salvage of well site equipment, or other proceeds from the orphaned wells and adjacent land;(IV) the number of jobs that will be created or saved through the activities to be funded under this paragraph; and(V) the amount of funds to be spent on administrative costs;

(iii) a certification that any financial assurance instruments available to cover plugging, remediation, or reclamation costs will be used by the State; and

(iv) the definitions and processes used by the State to formally identify a well as—(I) an orphaned well; or(II) if the State uses different terminology, otherwise eligible for plugging, remediation, and reclamation by the State.

(D) Deadline for expenditure

(E) ConsultationIn making a determination under this paragraph regarding the eligibility of a State to receive a formula grant, the Secretary shall consult with—

(i) the Administrator of the Environmental Protection Agency;

(ii) the Secretary of Energy; and

(iii) the Interstate Oil and Gas Compact Commission.

(5) Performance grants

(A) EstablishmentThe Secretary shall provide to States, in accordance with this paragraph—

(i) regulatory improvement grants under subparagraph (E); and

(ii) matching grants under subparagraph (F).

(B) ApplicationTo be eligible to receive a grant under this paragraph, a State shall submit to the Secretary an application including—

(i) each element described in an application for a grant under paragraph (4)(B);

(ii) activities carried out by the State to address orphaned wells located in the State, including—(I) increasing State spending on well plugging, remediation, and reclamation; or(II) improving regulation of oil and gas wells; and

(iii) the means by which the State will use funds provided under this paragraph—(I) to lower unemployment in the State; and(II) to improve economic conditions in economically distressed areas of the State.

(D) ConsultationIn making a determination under this paragraph regarding the eligibility of a State to receive a grant under subparagraph (E) or (F), the Secretary shall consult with—

(i) the Administrator of the Environmental Protection Agency;

(ii) the Secretary of Energy; and

(iii) the Interstate Oil and Gas Compact Commission.

(E) Regulatory improvement grants

(i) In generalBeginning on the date that is 180 days after the date on which an initial grant is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State a regulatory improvement grant under this subparagraph, if the State meets, during the 10-year period ending on the date on which the State submits to the Secretary an application under subparagraph (B), 1 of the following criteria:(I) The State has strengthened plugging standards and procedures designed to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment.(II) The State has made improvements to State programs designed to reduce future orphaned well burdens, such as financial assurance reform, alternative funding mechanisms for orphaned well programs, and reforms to programs relating to well transfer or temporary abandonment.

(ii) Limitations(I) Number(II) Maximum amount

(iii) Reimbursement for failure to maintain protections

(F) Matching grants

(i) In generalBeginning on the date that is 180 days after the date on which an initial grant is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State funding, in an amount equal to the difference between—(I) the average annual amount expended by the State during the period of fiscal years 2010 through 2019—(aa) to plug, remediate, and reclaim orphaned wells; and(bb) to decommission or remove associated pipelines, facilities, or infrastructure; and(II) the amount that the State certifies to the Secretary the State will expend, during the fiscal year in which the State will receive the grant under this subparagraph—(aa) to plug, remediate, and reclaim orphaned wells;(bb) to remediate or reclaim adjacent land; and(cc) to decommission or remove associated pipelines, facilities, and infrastructure.

(ii) Limitations(I) Fiscal year(II) Total funds provided

(d) Tribal orphaned well site plugging, remediation, and restoration

(1) EstablishmentThe Secretary shall establish a program under which the Secretary shall—

(A) provide to Indian Tribes grants in accordance with this subsection; or

(B) on request of an Indian Tribe and in lieu of a grant under subparagraph (A), administer and carry out plugging, remediation, and reclamation activities in accordance with paragraph (7).

(2) Eligible activities

(A) In generalAn Indian Tribe may use a grant received under this subsection—

(i) to plug, remediate, or reclaim an orphaned well on Tribal land;

(ii) to remediate soil and restore native species habitat that has been degraded due to the presence of an orphaned well or associated pipelines, facilities, or infrastructure on Tribal land;

(iii) to remediate Tribal land adjacent to orphaned wells and decommission or remove associated pipelines, facilities, and infrastructure;

(iv) to provide an online public accounting of the cost of plugging, remediation, and reclamation for each orphaned well site on Tribal land;

(v) to identify and characterize undocumented orphaned wells on Tribal land; and

(vi) to develop or administer a Tribal program to carry out any activities described in clauses (i) through (v).

(B) Administrative cost limitation

(i) In general

(ii) Exception

(3) Factors for considerationIn determining whether to provide to an Indian Tribe a grant under this subsection, the Secretary shall take into consideration—

(A) the unemployment rate of the Indian Tribe on the date on which the Indian Tribe submits an application under paragraph (4); and

(B) the estimated number of orphaned wells on the Tribal land of the Indian Tribe.

(4) ApplicationTo be eligible to receive a grant under this subsection, an Indian Tribe shall submit to the Secretary an application that includes—

(A) a description of—

(i) the Tribal program for orphaned well plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the Indian Tribe to carry out the proposed activities, or plans to develop such a program; and

(ii) the activities to be carried out with the grant, including an identification of the estimated health, safety, habitat, and environmental benefits of plugging, remediating, or reclaiming orphaned wells and remediating or reclaiming adjacent land; and

(B) an estimate of—

(i) the number of orphaned wells that will be plugged, remediated, or reclaimed; and

(ii) the projected cost of—(I) plugging, remediating, or reclaiming orphaned wells;(II) remediating or reclaiming adjacent land; and(III) decommissioning or removing associated pipelines, facilities, and infrastructure.

(5) Distribution

(6) Deadline for expenditure

(7) Delegation to Secretary in lieu of a grant

(A) In general

(B) Administration

(e) Technical assistance

(f) Report to CongressNot later than 1 year after November 15, 2021, and not less frequently than annually thereafter, the Secretary shall submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives a report describing the program established and grants awarded under this section, including—

(1) an updated inventory of wells located on Federal land, Tribal land, and State and private land that are—

(A) orphaned wells; or

(B) at risk of becoming orphaned wells;

(2) an estimate of the quantities of—

(A) methane and other gasses emitted from orphaned wells; and

(B) emissions reduced as a result of plugging, remediating, and reclaiming orphaned wells;

(3) the number of jobs created and saved through the plugging, remediation, and reclamation of orphaned wells; and

(4) the acreage of habitat restored using grants awarded to plug, remediate, and reclaim orphaned wells and to remediate or reclaim adjacent land, together with a description of the purposes for which that land is likely to be used in the future.

(g) Effect of section

(1) No expansion of liabilityNothing in this section establishes or expands the responsibility or liability of any entity with respect to—

(A) plugging any well; or

(B) remediating or reclaiming any well site.

(2) Tribal landNothing in this section—

(A) relieves the Secretary of any obligation under section 396c of title 25, to plug, remediate, or reclaim an orphaned well located on Tribal land; or

(B) absolves the United States from a responsibility to plug, remediate, or reclaim an orphaned well located on Tribal land or any other responsibility to an Indian Tribe, including any responsibility that derives from—

(i) the trust relationship between the United States and Indian Tribes;

(ii) any treaty, law, or Executive order; or

(iii) any agreement between the United States and an Indian Tribe.

(3) Owner or operator not absolvedNothing in this section absolves the owner or operator of an oil or gas well of any potential liability for—

(A) reimbursement of any plugging or reclamation costs associated with the well; or

(B) any adverse effect of the well on the environment.

(h) Authorization of appropriationsThere are authorized to be appropriated for fiscal year 2022, to remain available until September 30, 2030:

(1) to the Secretary—

(A) $250,000,000 to carry out the program under subsection (b);

(B) $775,000,000 to provide grants under subsection (c)(3);

(D) $1,500,000,000 to provide grants under subsection (c)(5); and

(E) $150,000,000 to carry out the program under subsection (d);

(2) to the Secretary of Energy, $30,000,000 to conduct research and development activities in cooperation with the Interstate Oil and Gas Compact Commission to assist the Federal land management agencies, States, and Indian Tribes in—

(A) identifying and characterizing undocumented orphaned wells; and

(B) mitigating the environmental risks of undocumented orphaned wells; and

(3) to the Interstate Oil and Gas Compact Commission, $2,000,000 to carry out this section.

(Pub. L. 109–58, title III, § 349, Aug. 8, 2005, 119 Stat. 709; Pub. L. 113–40, § 10(b), Oct. 2, 2013, 127 Stat. 545; Pub. L. 117–58, div. D, title VI, § 40601, Nov. 15, 2021, 135 Stat. 1080.)

§ 15908. Preservation of geological and geophysical data

(a) Short title

(b) Program

The Secretary shall carry out a National Geological and Geophysical Data Preservation Program in accordance with this section—

(1) to archive geologic, geophysical, and engineering data, maps, well logs, and samples;

(2) to provide a national catalog of such archival material;

(3) to provide technical and financial assistance related to the archival material; and

(4) to provide for preservation of samples to track geochemical signatures from critical mineral (as defined in section 1606(a) of title 30) ore bodies for use in provenance tracking frameworks.

(d) Data archive system

(1) Establishment

(2) System components

(3) Limitation of designation

(4) Data from Federal land

The data archive system shall provide for the archiving of relevant subsurface data and samples obtained from Federal land—

(A) in the most appropriate repository designated under paragraph (2), with preference being given to archiving data in the State in which the data were collected; and

(B) consistent with all applicable law and requirements relating to confidentiality and proprietary data.

(e) National catalog

(1) In general

As soon as practicable after August 8, 2005, the Secretary shall develop and maintain, as a component of the Program, a national catalog that identifies—

(A) data and samples available in the data archive system established under subsection (d);

(B) the repository for particular material in the system; and

(2) Availability

(f) Advisory Committee

(1) In general

(2) New duties

In addition to its duties under the National Geologic Mapping Act of 1992 (43 U.S.C. 31a et seq.), the Advisory Committee shall perform the following duties:

(A) Advise the Secretary on developing guidelines and procedures for providing assistance for facilities under subsection (g)(1).

(B) Review and critique the draft implementation plan prepared by the Secretary under subsection (c).

(C) Identify useful studies of data archived under the Program that will advance understanding of the Nation’s energy and mineral resources, geologic hazards, and engineering geology.

(D) Review the progress of the Program in archiving significant data and preventing the loss of such data, and the scientific progress of the studies funded under the Program.

(E) Include in the annual report to the Secretary required under section 5(b)(3) 1

1 See References in Text note below.

of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(b)(3)) an evaluation of the progress of the Program toward fulfilling the purposes of the Program under subsection (b).

(g) Financial assistance

(1) Archive facilities

(2) Studies

(3) Federal share

(4) Private contributions

(h) Report

The Secretary shall include in each report under section 8 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31g)—

(1) a description of the status of the Program;

(2) an evaluation of the progress achieved in developing the Program during the period covered by the report; and

(3) any recommendations for legislative or other action the Secretary considers necessary and appropriate to fulfill the purposes of the Program under subsection (b).

(i) Maintenance of State effort

(j) Definitions

In this section:

(1) Advisory Committee

(2) Program

(3) Secretary

(4) Survey

(k) Authorization of appropriations

(Pub. L. 109–58, title III, § 351, Aug. 8, 2005, 119 Stat. 711; Pub. L. 116–260, div. Z, title VII, § 7002(l), Dec. 27, 2020, 134 Stat. 2575; Pub. L. 117–58, div. D, title II, § 40203, Nov. 15, 2021, 135 Stat. 959.)

§ 15909. Gas hydrate production incentive

(a) Purpose

(b) Suspension of royalties

(1) In general

(2) Eligible leases

A lease shall be an eligible lease for purposes of this section if—

(A) it is issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), or is an oil and gas lease issued for onshore Federal lands in Alaska;

(B) it is issued prior to January 1, 2016; and

(3) Amount of relief

(4) Limitation

(d) Rulemakings

(1) Requirement

(2) Gas hydrate resources defined

(e) Review

(Pub. L. 109–58, title III, § 353, Aug. 8, 2005, 119 Stat. 714.)

§ 15910. Enhanced oil and natural gas production through carbon dioxide injection

(a) Production incentive

(1) FindingsCongress finds the following:

(A) Approximately two-thirds of the original oil in place in the United States remains unproduced.

(B) Enhanced oil and natural gas production from the sequestering of carbon dioxide and other appropriate gases has the potential to increase oil and natural gas production.

(2) PurposeThe purpose of this section is—

(A) to promote the capturing, transportation, and injection of produced carbon dioxide, natural carbon dioxide, and other appropriate gases or other matter for sequestration into oil and gas fields; and

(B) to promote oil and natural gas production from the outer Continental Shelf and onshore Federal lands under lease by providing royalty incentives to use enhanced recovery techniques using injection of the substances referred to in subparagraph (A).

(b) Suspension of royalties

(1) In general

(2) Rulemakings

(3) Eligible leasesA lease shall be an eligible lease for purposes of this section if—

(A) it is a lease for production of oil and gas from the outer Continental Shelf or Federal onshore lands;

(B) the injection of the substances referred to in subsection (a)(2)(A) will be used as an enhanced recovery technique on such lease; and

(C) the Secretary determines that the lease contains oil or gas that would not likely be produced without the royalty reduction provided under this section.

(4) Amount of relief

(5) Limitation

(6) Application

(1) Establishment

(A) In general

(B) ProjectsThe demonstration program shall provide for—

(i) not more than 10 projects in the Willistin Basin in North Dakota and Montana; and

(ii) 1 project in the Cook Inlet Basin in Alaska.

(2) Requirements

(A) In general

(B) Rulemaking

(C) Minimum requirementsAt a minimum, the Secretary shall require under subparagraph (A) that an application for a grant include—

(i) a description of the project proposed in the application;

(ii) an estimate of the production increase and the duration of the production increase from the project, as compared to conventional recovery techniques, including water flooding;

(iii) an estimate of the carbon dioxide sequestered by project, over the life of the project;

(iv) a plan to collect and disseminate data relating to each project to be funded by the grant;

(v) a description of the means by which the project will be sustainable without Federal assistance after the completion of the term of the grant;

(vi) a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project;

(vii) a description of which costs of the project will be supported by Federal assistance under this section; and

(viii) a description of any secondary or tertiary recovery efforts in the field and the efficacy of water flood recovery techniques used.

(3) Partners

(4) Selection criteriaIn evaluating applications under this subsection, the Secretary of Energy shall—

(A) consider the previous experience with similar projects of each applicant; and

(B) give priority consideration to applications that—

(i) are most likely to maximize production of oil and gas in a cost-effective manner;

(ii) sequester significant quantities of carbon dioxide from anthropogenic sources;

(iii) demonstrate the greatest commitment on the part of the applicant to ensure funding for the proposed project and the greatest likelihood that the project will be maintained or expanded after Federal assistance under this section is completed; and

(iv) minimize any adverse environmental effects from the project.

(5) Demonstration program requirements

(A) Maximum amount

(B) Cost sharing

(i) In general

(ii) Term

(6) Transfer of information and knowledge

(7) Schedule

(A) Publication

(B) Date for applications

(d) Records and inventory

(e) Authorization of appropriations

(Pub. L. 109–58, title III, § 354, Aug. 8, 2005, 119 Stat. 715; Pub. L. 110–140, title VII, § 713, Dec. 19, 2007, 121 Stat. 1715.)

§ 15911. Denali Commission

(a) Definition of Commission

(b) Energy programsThe Commission shall use amounts made available under subsection (d) to carry out energy programs, including—

(1) energy generation and development, including—

(A) fuel cells, hydroelectric, solar, wind, wave, and tidal energy; and

(B) alternative energy sources;

(2) the construction of energy transmission, including interties;

(3) the replacement and cleanup of fuel tanks;

(4) the construction of fuel transportation networks and related facilities;

(5) power cost equalization programs; and

(6) projects using coal as a fuel, including coal gasification projects.

(1) In generalExcept as provided in paragraph (2), a meeting of the Commission shall be open to the public if—

(A) the Commission members take action on behalf of the Commission; or

(B) the deliberations of the Commission determine, or result in the joint conduct or disposition of, official Commission business.

(2) Exceptions

(3) Public notice

(A) In generalAt least 1 week before a meeting of the Commission, the Commission shall make a public announcement of the meeting that describes—

(i) the time, place, and subject matter of the meeting;

(ii) whether the meeting is to be open or closed to the public; and

(iii) the name and telephone number of an appropriate person to respond to requests for information about the meeting.

(B) Additional notice

(4) Minutes

(d) Authorization of appropriations

(Pub. L. 109–58, title III, § 356, Aug. 8, 2005, 119 Stat. 719.)

§ 15912. Comprehensive inventory of OCS oil and natural gas resources

(a) In general

The Secretary shall conduct an inventory and analysis of oil and natural gas resources beneath all of the waters of the United States Outer Continental Shelf (“OCS”). The inventory and analysis shall—

(1) use available data on oil and gas resources in areas offshore of Mexico and Canada that will provide information on trends of oil and gas accumulation in areas of the OCS;

(2) use any available technology, except drilling, but including 3–D seismic technology to obtain accurate resource estimates;

(3) analyze how resource estimates in OCS areas have changed over time in regards to gathering geological and geophysical data, initial exploration, or full field development, including areas such as the deepwater and subsalt areas in the Gulf of Mexico;

(4) estimate the effect that understated oil and gas resource inventories have on domestic energy investments; and

(5) identify and explain how legislative, regulatory, and administrative programs or processes restrict or impede the development of identified resources and the extent that they affect domestic supply, such as moratoria, lease terms and conditions, operational stipulations and requirements, approval delays by the Federal Government and coastal States, and local zoning restrictions for onshore processing facilities and pipeline landings.

(b) Reports

(Pub. L. 109–58, title III, § 357, Aug. 8, 2005, 119 Stat. 720.)