42 U.S.C. § 15901 Definition of Secretary
In this part, the term “Secretary” means the Secretary of the Interior.
USC Subchapter III
USC Subchapter III
in effect42 U.S.C. § 15902 Program on oil and gas royalties in-kind
(a) Applicability of sectionNotwithstanding 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 conditionsAll 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 obligationDelivery by, or on behalf of, the lessee of the royalty amount and quality due under the lease satisfies royalty obligation of the lessee for the amount delivered, except that transportation and processing reimbursements paid to, or deductions claimed by, the lessee shall be subject to review and audit. (2) Marketable condition(A) Definition of marketable conditionIn this paragraph, the term “in marketable condition” means sufficiently free from impurities and otherwise in a condition that the royalty production will be accepted by a purchaser under a sales contract typical of the field or area in which the royalty production was produced. (B) RequirementRoyalty production shall be placed in marketable condition by the lessee at no cost to the United States. (3) Disposition by the SecretaryThe 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 11 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 SecretaryThe 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; (C) disposing of the royalty production; or (D) any combination of transporting, processing, and disposing of the royalty production. (5) Limitation(A) In generalExcept as provided in subparagraph (B), the Secretary may not use revenues from the sale of oil and gas taken in-kind to pay for personnel, travel, or other administrative costs of the Federal Government. (B) ExceptionNotwithstanding subparagraph (A), the Secretary may use a portion of the revenues from royalty in-kind sales, without fiscal year limitation, to pay salaries and other administrative costs directly related to the royalty in-kind program.
(c) Reimbursement of costIf 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 requiredThe Secretary may receive oil or gas royalties in-kind only if the Secretary determines that receiving royalties in-kind provides benefits to the United States that are greater than or equal to the benefits that are likely to have been received had royalties been taken in-value.
(e) Deduction of expenses(1) In generalBefore making payments under section 191 of title 30 or section 1337(g) of title 43 of revenues derived from the sale of royalty production taken in-kind from a lease, the Secretary shall deduct amounts paid or deducted under subsections (b)(4) and (c) and deposit the amount of the deductions in the miscellaneous receipts of the Treasury. (2) Accounting for deductionsWhen the Secretary allows the lessee to deduct transportation or processing costs under subsection (c), the Secretary may not reduce any payments to recipients of revenues derived from any other Federal oil and gas lease as a consequence of that deduction.
(f) Consultation with StatesThe 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) PreferenceIf the Secretary finds that sufficient supplies of crude oil are not available in the open market to refineries that do not have their own source of supply for crude oil, the Secretary may grant preference to those refineries in the sale of any royalty oil accruing or reserved to the United States under Federal oil and gas leases issued under any mineral leasing law, for processing or use in those refineries at private sale at not less than the market price. (2) Proration among refineries in production areaIn disposing of oil under this subsection, the Secretary may, at the discretion of the Secretary, prorate the oil among refineries described in paragraph (1) in the area in which the oil is produced.
(h) Disposition to Federal agencies(1) Onshore royaltyAny royalty oil or gas taken by the Secretary in-kind from onshore oil and gas leases may be sold at not less than the market price to any Federal agency. (2) Offshore royaltyAny royalty oil or gas taken in-kind from a Federal oil or gas lease on the outer Continental Shelf may be disposed of only under section 1353 of title 43.
(i) Federal low-income energy assistance programs(1) PreferenceIn disposing of royalty oil or gas taken in-kind under this section, the Secretary may grant a preference to any person, including any Federal or State agency, for the purpose of providing additional resources to any Federal low-income energy assistance program. (2) ReportNot 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.
(j) McAlester Army Ammunition PlantAt the request of the Secretary of Defense, the Secretary shall—(1) take in-kind royalty gas from any lease on the McAlester Army Ammunition Plant in McAlester, Oklahoma; and (2) sell such royalty gas to the Department of Defense in accordance with subsection (h)(1), for use only at that plant, only for energy resilience purposes, and only to the extent necessary to meet the natural gas needs of that plant.
42 U.S.C. § 15903 Marginal property production incentives
(a) Definition of marginal propertyUntil such time as the Secretary issues regulations under subsection (e) that prescribe a different definition, in this section, the term “marginal property” means an onshore unit, communitization agreement, or lease not within a unit or communitization agreement, that produces on average the combined equivalent of less than 15 barrels of oil per well per day or 90,000,000 British thermal units of gas per well per day calculated based on the average over the 3 most recent production months, including only wells that produce on more than half of the days during those 3 production months.
(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.
(c) Reduced royalty rate(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 effectivenessThe reduced royalty rate under this subsection shall be effective beginning on the first day of the production month following the date on which the applicable condition specified in subsection (b) is met.
(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 regulationsThe Secretary may by regulation prescribe different parameters, standards, and requirements for, and a different degree or extent of, royalty relief for marginal properties in lieu of those prescribed in subsections (a) through (d). (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) ReportTo the extent the Secretary determines that it is not practicable to issue the regulations referred to in paragraph (2), the Secretary shall provide a report to Congress explaining such determination by not later than 18 months after August 8, 2005. (4) ConsiderationsIn issuing regulations under this subsection, the Secretary may consider—(A) oil and gas prices and market trends; (B) production costs; (C) abandonment 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 provisionNothing in this section prevents a lessee from receiving royalty relief or a royalty reduction pursuant to any other law (including a regulation) that provides more relief than the amounts provided by this section.
42 U.S.C. § 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 generalNot later than 180 days after August 8, 2005, in addition to any other regulations that may provide royalty incentives for natural gas produced from deep wells on oil and gas leases issued pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Secretary shall issue regulations granting royalty relief suspension volumes of not less than 35 billion cubic feet with respect to the production of natural gas from ultra deep wells on leases issued in shallow waters less than 400 meters deep located in the Gulf of Mexico wholly west of 87 degrees, 30 minutes west longitude. Regulations issued under this subsection shall be retroactive to the date that the notice of proposed rulemaking is published in the Federal Register. (2) Suspension volumesThe 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) DefinitionsIn this subsection:(A) Ultra deep wellThe term “ultra deep well” means a well drilled with a perforated interval, the top of which is at least 20,000 true vertical depth below the datum at mean sea level. (B) Sidetrack(i) In generalThe term “sidetrack” means a well resulting from drilling an additional hole to a new objective bottom-hole location by leaving a previously drilled hole. (ii) InclusionThe 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 wellsNot later than 180 days after August 8, 2005, in addition to any other regulations that may provide royalty incentives for natural gas produced from deep wells on oil and gas leases issued pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Secretary shall issue regulations granting royalty relief suspension volumes with respect to production of natural gas from deep wells on leases issued in waters more than 200 meters but less than 400 meters deep located in the Gulf of Mexico wholly west of 87 degrees, 30 minutes west longitude. The suspension volumes for deep wells within 200 to 400 meters of water depth shall be calculated using the same methodology used to calculate the suspension volumes for deep wells in the shallower waters of the Gulf of Mexico, and in no case shall the suspension volumes for deep wells within 200 to 400 meters of water depth be lower than those for deep wells in shallower waters. Regulations issued under this subsection shall be retroactive to the date that the notice of proposed rulemaking is published in the Federal Register.
(c) LimitationsThe Secretary may place limitations on the royalty relief granted under this section based on market price. The royalty relief granted under this section shall not apply to a lease for which deep water royalty relief is available.
42 U.S.C. § 15905 Royalty relief for deep water production
(a) In generalSubject to subsections (b) and (c), for each tract located in water depths of greater than 400 meters in the Western and Central Planning Area of the Gulf of Mexico (including the portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude), any oil or gas lease sale under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) occurring during the 5-year period beginning on August 8, 2005, shall use the bidding system authorized under section 8(a)(1)(H) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1)(H)).
(b) Suspension of royaltiesThe 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.
(c) LimitationThe Secretary may place limitations on royalty relief granted under this section based on market price.
42 U.S.C. § 15906 North Slope Science Initiative
(a) Establishment(1) In generalThe Secretary of the Interior shall establish a long-term initiative to be known as the “North Slope Science Initiative” (referred to in this section as the “Initiative”). (2) PurposeThe purpose of the Initiative shall be to implement efforts to coordinate collection of scientific data that will provide a better understanding of the terrestrial, aquatic, and marine ecosystems of the North Slope of Alaska.
(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.
(c) Membership(1) In generalTo ensure comprehensive collection of scientific data, in carrying out the Initiative, the Secretary shall consult and coordinate with Federal, State, and local agencies that have responsibilities for land and resource management across the North Slope. (2) Cooperative agreementsThe Secretary shall enter into cooperative agreements with the State of Alaska, the North Slope Borough, the Arctic Slope Regional Corporation, and other Federal agencies as appropriate to coordinate efforts, share resources, and fund projects under this section.
(d) Science technical advisory panel(1) In generalThe Initiative shall include a panel to provide advice on proposed inventory, monitoring, and research functions. (2) MembershipThe panel described in paragraph (1) shall consist of a representative group of not more than 15 scientists and technical experts from diverse professions and interests, including the oil and gas industry, subsistence users, Native Alaskan entities, conservation organizations, wildlife management organizations, and academia, as determined by the Secretary.
(e) ReportsNot later than 3 years after August 8, 2005, and each year thereafter, the Secretary shall publish a report that describes the studies and findings of the Initiative.
(f) Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this section.
42 U.S.C. § 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 TribeThe term “Indian Tribe” has the meaning given the term in section 5304 of title 25. (4) OperatorThe term “operator”, with respect to an oil or gas operation, means any entity, including a lessee or operating rights owner, that has provided to a relevant authority a written statement that the entity is responsible for the oil or gas operation, or any portion of the operation. (5) Orphaned wellThe term “orphaned well”—(A) with respect to Federal land or Tribal land, means a well—(i) 11 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) EstablishmentNot later than 60 days after November 15, 2021, the Secretary shall establish a program to plug, remediate, and reclaim orphaned wells located on Federal land. (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; (C) provide a public accounting of the costs of plugging, remediation, and reclamation for each orphaned well; (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.
(c) Funding for State programs(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 (C) performance grants under paragraph (5). (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 generalExcept as provided in clause (ii), a State shall not use more than 10 percent of the funds received under this subsection during a fiscal year for administrative costs under subparagraph (A)(ix). (ii) ExceptionThe limitation under clause (i) shall not apply to funds used by a State as described in paragraph (3)(A)(ii). (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—(I) 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) DistributionSubject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 30 days after the date on which the State submits to the Secretary the certification required under clause (i)(II) or (ii)(III) of subparagraph (A), as applicable. (C) Deadline for expenditureA State that receives funds under this paragraph shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 1 year after the date of receipt of the funds. (D) ReportNot later than 15 months after the date on which a State receives funds under this paragraph, the State shall submit to the Secretary a report that describes the means by which the State used the funds in accordance with the certification submitted by the State under subparagraph (A). (4) Formula grants(A) Establishment(i) In generalThe Secretary shall establish a formula for the distribution to each State described in clause (ii) of funds under this paragraph. (ii) Description of StatesA State referred to in clause (i) is a State that, by not later than 45 days after November 15, 2021, submits to the Secretary a notice of the intent of the State to submit an application under subparagraph (B), including a description of the factors described in clause (iii) with respect to the State. (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) PublicationNot later than 75 days after November 15, 2021, the Secretary shall publish on a public website the amount that each State is eligible to receive under the formula under this subparagraph. (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. (C) DistributionSubject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 60 days after the date on which the State submits to the Secretary a completed application under subparagraph (B). (D) Deadline for expenditureA State that receives funds under this paragraph shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 5 years after the date of receipt of the funds. (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. (C) DistributionSubject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 60 days after the date on which the State submits to the Secretary a completed application under subparagraph (B). (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) NumberThe Secretary may issue to a State under this subparagraph not more than 1 grant for each criterion described in subclause (I) or (II) of clause (i). (II) Maximum amountThe amount of a single grant provided to a State under this subparagraph shall be not more than $20,000,000. (iii) Reimbursement for failure to maintain protectionsA State that receives a grant under this subparagraph shall reimburse the Secretary in an amount equal to the amount of the grant in any case in which, during the 10-year period beginning on the date of receipt of the grant, the State enacts a law or regulation that, if in effect on the date of submission of the application under subparagraph (B), would have prevented the State from being eligible to receive the grant under clause (i). (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 yearThe Secretary may issue to a State under this subparagraph not more than 1 grant for each fiscal year. (II) Total funds providedThe Secretary may provide to a State under this subparagraph a total amount equal to not more than $30,000,000 during the period of fiscal years 2022 through 2031.
(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 generalExcept as provided in clause (ii), an Indian Tribe shall not use more than 10 percent of the funds received under this subsection during a fiscal year for administrative costs under subparagraph (A)(vi). (ii) ExceptionThe limitation under clause (i) shall not apply to any funds used to carry out an administrative action necessary for the development of a Tribal program described in subparagraph (A)(vi). (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) DistributionSubject to the availability of appropriations, the Secretary shall distribute funds to an Indian Tribe under this subsection by not later than the date that is 60 days after the date on which the Indian Tribe submits to the Secretary a completed application under paragraph (4). (6) Deadline for expenditureAn Indian Tribe that receives funds under this subsection shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 5 years after the date of receipt of the funds, except for cases in which the Secretary has granted the Indian Tribe an extended deadline for completion of the eligible activities after consultation. (7) Delegation to Secretary in lieu of a grant(A) In generalIn lieu of a grant under this subsection, an Indian Tribe may submit to the Secretary a request for the Secretary to administer and carry out plugging, remediation, and reclamation activities relating to an orphaned well on behalf of the Indian Tribe. (B) AdministrationSubject to the availability of appropriations under subsection (h)(1)(E), on submission of a request under subparagraph (A), the Secretary shall administer or carry out plugging, remediation, and reclamation activities for an orphaned well on Tribal land.
(e) Technical assistanceThe Secretary of Energy, in cooperation with the Secretary and the Interstate Oil and Gas Compact Commission, shall provide technical assistance to the Federal land management agencies and oil and gas producing States and Indian Tribes to support practical and economical remedies for environmental problems caused by orphaned wells on Federal land, Tribal land, and State and private land, including the sharing of best practices in the management of oil and gas well inventories to ensure the availability of funds to plug, remediate, and restore oil and gas well sites on cessation of operation.
(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); (C) $2,000,000,000 to provide grants under subsection (c)(4); (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.
42 U.S.C. § 15908 Preservation of geological and geophysical data
(a) Short titleThis section may be cited as the “National Geological and Geophysical Data Preservation Program Act of 2005”.
(b) ProgramThe 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.
(c) PlanNot later than 1 year after August 8, 2005, the Secretary shall submit to Congress a plan for the implementation of the Program.
(d) Data archive system(1) EstablishmentThe Secretary shall establish, as a component of the Program, a data archive system to provide for the storage, preservation, and archiving of subsurface, surface, geological, geophysical, and engineering data and samples. The Secretary, in consultation with the Advisory Committee, shall develop guidelines relating to the data archive system, including the types of data and samples to be preserved. (2) System componentsThe system shall be comprised of State agencies that elect to be part of the system and agencies within the Department of the Interior that maintain geological and geophysical data and samples that are designated by the Secretary in accordance with this subsection. The Program shall provide for the storage of data and samples through data repositories operated by such agencies. (3) Limitation of designationThe Secretary may not designate a State agency as a component of the data archive system unless that agency is the agency that acts as the geological survey in the State. (4) Data from Federal landThe 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 generalAs 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 (C) the means of accessing the material. (2) AvailabilityThe Secretary shall make the national catalog accessible to the public on the site of the Survey on the Internet, consistent with all applicable requirements related to confidentiality and proprietary data.
(f) Advisory Committee(1) In generalThe Advisory Committee shall advise the Secretary on planning and implementation of the Program. (2) New dutiesIn 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) 11 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 facilitiesSubject to the availability of appropriations, the Secretary shall provide financial assistance to a State agency that is designated under subsection (d)(2) for providing facilities to archive energy material. (2) StudiesSubject to the availability of appropriations, the Secretary shall provide financial assistance to any State agency designated under subsection (d)(2) for studies and technical assistance activities that enhance understanding, interpretation, and use of materials archived in the data archive system established under subsection (d). (3) Federal shareThe Federal share of the cost of an activity carried out with assistance under this subsection shall be not more than 50 percent of the total cost of the activity. (4) Private contributionsThe Secretary shall apply to the non-Federal share of the cost of an activity carried out with assistance under this subsection the value of private contributions of property and services used for that activity.
(h) ReportThe 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 effortIt is the intent of Congress that the States not use this section as an opportunity to reduce State resources applied to the activities that are the subject of the Program.
(j) DefinitionsIn this section:(1) Advisory CommitteeThe term “Advisory Committee” means the advisory committee established under section 5 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d). (2) ProgramThe term “Program” means the National Geological and Geophysical Data Preservation Program carried out under this section. (3) SecretaryThe term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (4) SurveyThe term “Survey” means the United States Geological Survey.
(k) Authorization of appropriationsThere are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2021 through 2029, to remain available until expended.
42 U.S.C. § 15909 Gas hydrate production incentive
(a) PurposeThe purpose of this section is to promote natural gas production from the natural gas hydrate resources on the outer Continental Shelf and Federal lands in Alaska by providing royalty incentives.
(b) Suspension of royalties(1) In generalThe Secretary may grant royalty relief in accordance with this section for natural gas produced from gas hydrate resources under an eligible lease. (2) Eligible leasesA 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 (C) production under the lease of natural gas from gas hydrate resources commences prior to January 1, 2018. (3) Amount of reliefThe Secretary shall conduct a rulemaking and grant royalty relief under this section as a suspension volume if the Secretary determines that such royalty relief would encourage production of natural gas from gas hydrate resources from an eligible lease. The maximum suspension volume shall be 30 billion cubic feet of natural gas per lease. Such relief shall be in addition to any other royalty relief under any other provision applicable to the lease that does not specifically grant a gas hydrate production incentive. Such royalty suspension volume shall be applied to any eligible production occurring on or after the date of publication of the advanced notice of proposed rulemaking. (4) LimitationThe Secretary may place limitations on royalty relief granted under this section based on market price.
(c) ApplicationThis section shall apply to any eligible lease issued before, on, or after August 8, 2005.
(d) Rulemakings(1) RequirementThe Secretary shall publish the advanced notice of proposed rulemaking within 180 days after August 8, 2005, and complete the rulemaking implementing this section within 365 days after August 8, 2005. (2) Gas hydrate resources definedSuch regulations shall define the term “gas hydrate resources” to include both the natural gas content of gas hydrates within the hydrate stability zone and free natural gas trapped by and beneath the hydrate stability zone.
(e) ReviewNot later than 365 days after August 8, 2005, the Secretary, in consultation with the Secretary of Energy, shall carry out a review of, and submit to Congress a report on, further opportunities to enhance production of natural gas from gas hydrate resources on the outer Continental Shelf and on Federal lands in Alaska through the provision of other production incentives or through technical or financial assistance.
42 U.S.C. § 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. (C) Capturing and productively using carbon dioxide would help reduce the carbon intensity of the economy. (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 generalIf the Secretary determines that reduction of the royalty under a Federal oil and gas lease that is an eligible lease is in the public interest and promotes the purposes of this section, the Secretary shall undertake a rulemaking to provide for such reduction for an eligible lease. (2) RulemakingsThe Secretary shall publish the advanced notice of proposed rulemaking within 180 days after August 8, 2005, and complete the rulemaking implementing this section within 365 days after August 8, 2005. (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 reliefThe rulemaking shall provide for a suspension volume, which shall not exceed 5,000,000 barrels of oil equivalent for each eligible lease. Such suspension volume shall be applied to any production from an eligible lease occurring on or after the date of publication of any advanced notice of proposed rulemaking under this subsection. (5) LimitationThe Secretary may place limitations on the royalty reduction granted under this section based on market price. (6) ApplicationThis section shall apply to any eligible lease issued before, on, or after August 8, 2005.
(c) Demonstration program(1) Establishment(A) In generalThe Secretary of Energy shall establish a competitive grant program to provide grants to producers of oil and gas to carry out projects to inject carbon dioxide for the purpose of enhancing recovery of oil or natural gas while increasing the sequestration of carbon dioxide. (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 generalThe Secretary of Energy shall issue requirements relating to applications for grants under paragraph (1). (B) RulemakingThe issuance of requirements under subparagraph (A) shall not require a 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) PartnersAn applicant for a grant under paragraph (1) may carry out a project under a pilot program in partnership with 1 or more other public or private entities. (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 amountThe Secretary of Energy shall not provide more than $3,000,000 in Federal assistance under this subsection to any applicant. (B) Cost sharingThe Secretary of Energy shall require cost-sharing under this subsection in accordance with section 16352 of this title. (C) Period of grants(i) In generalA project funded by a grant under this subsection shall begin construction not later than 2 years after the date of provision of the grant, but in any case not later than December 31, 2010. (ii) TermThe Secretary shall not provide grant funds to any applicant under this subsection for a period of more than 5 years. (6) Transfer of information and knowledgeThe Secretary of Energy shall establish mechanisms to ensure that the information and knowledge gained by participants in the program under this subsection are transferred among other participants and interested persons, including other applicants that submitted applications for a grant under this subsection. (7) Schedule(A) PublicationNot later than 180 days after August 8, 2005, the Secretary of Energy shall publish in the Federal Register, and elsewhere, as appropriate, a request for applications to carry out projects under this subsection. (B) Date for applicationsAn application for a grant under this subsection shall be submitted not later than 180 days after the date of publication of the request under subparagraph (A). (C) SelectionAfter the date by which applications for grants are required to be submitted under subparagraph (B), the Secretary of Energy, in a timely manner, shall select, after peer review and based on the criteria under paragraph (4), those projects to be awarded a grant under this subsection.
(d) Records and inventoryThe Secretary of the Interior, acting through the Bureau of Land Management, shall maintain records on, and an inventory of, the quantity of carbon dioxide stored within Federal mineral leaseholds.
(e) Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this section.
42 U.S.C. § 15911 Denali Commission
(a) Definition of CommissionIn this section, the term “Commission” means the Denali Commission established by the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277).
(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.
(c) Open meetings(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) ExceptionsParagraph (1) shall not apply to any portion of a Commission meeting for which the Commission, in public session, votes to close the meeting for the reasons described in paragraph (2), (4), (5), or (6) of subsection (c) of section 552b of title 5. (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 noticeThe Commission shall make a public announcement of any change to the information made available under subparagraph (A) at the earliest practicable time. (4) MinutesThe Commission shall keep, and make available to the public, a transcript, electronic recording, or minutes from each Commission meeting, except for portions of the meeting closed under paragraph (2).
(d) Authorization of appropriationsThere is authorized to be appropriated to the Commission not more than $55,000,000 for each of fiscal years 2006 through 2015 to carry out subsection (b).
42 U.S.C. § 15912 Comprehensive inventory of OCS oil and natural gas resources
(a) In generalThe 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) ReportsThe Secretary shall submit a report to Congress on the inventory of estimates and the analysis of restrictions or impediments, together with any recommendations, within 6 months of August 8, 2005. The report shall be publicly available and updated at least every 5 years.
42 U.S.C. § 15921 Management of Federal oil and gas leasing programs
(a) Timely action on leases and permits(1) Secretary of the InteriorTo ensure timely action on oil and gas leases and applications for permits to drill on land otherwise available for leasing, the Secretary of the Interior (referred to in this section as the “Secretary”) shall—(A) ensure expeditious compliance with section 4332(2)(C) of this title and any other applicable environmental and cultural resources laws; (B) improve consultation and coordination with the States and the public; and (C) improve the collection, storage, and retrieval of information relating to the oil and gas leasing activities. (2) Secretary of AgricultureTo ensure timely action on oil and gas lease applications for permits to drill on land otherwise available for leasing, the Secretary of Agriculture shall—(A) ensure expeditious compliance with all applicable environmental and cultural resources laws; and (B) improve the collection, storage, and retrieval of information relating to the oil and gas leasing activities.
(b) Best management practices(1) In generalNot later than 18 months after August 8, 2005, the Secretary shall develop and implement best management practices to—(A) improve the administration of the onshore oil and gas leasing program under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and (B) ensure timely action on oil and gas leases and applications for permits to drill on land otherwise available for leasing. (2) ConsiderationsIn developing the best management practices under paragraph (1), the Secretary shall consider any recommendations from the review under section 361.11 See References in Text note below. (3) RegulationsNot later than 180 days after the development of the best management practices under paragraph (1), the Secretary shall publish, for public comment, proposed regulations that set forth specific timeframes for processing leases and applications in accordance with the best management practices, including deadlines for—(A) approving or disapproving—(i) resource management plans and related documents; (ii) lease applications; (iii) applications for permits to drill; and (iv) surface use plans; and (B) related administrative appeals.
(c) Improved enforcementThe Secretary and the Secretary of Agriculture shall improve inspection and enforcement of oil and gas activities, including enforcement of terms and conditions in permits to drill on land under the jurisdiction of the Secretary and the Secretary of Agriculture, respectively.
(d) Authorization of appropriationsIn addition to amounts made available to carry out activities relating to oil and gas leasing on public land administered by the Secretary and National Forest System land administered by the Secretary of Agriculture, there are authorized to be appropriated for each of fiscal years 2006 through 2010—(1) to the Secretary, acting through the Director of the Bureau of Land Management—(A) $40,000,000 to carry out subsections (a)(1) and (b); and (B) $20,000,000 to carry out subsection (c); (2) to the Secretary, acting through the Director of the United States Fish and Wildlife Service, $5,000,000 to carry out subsection (a)(1); and (3) to the Secretary of Agriculture, acting through the Chief of the Forest Service, $5,000,000 to carry out subsections (a)(2) and (c).
42 U.S.C. § 15922 Consultation regarding oil and gas leasing on public land
(a) In generalNot later than 180 days after August 8, 2005, the Secretary of the Interior and the Secretary of Agriculture shall enter into a memorandum of understanding regarding oil and gas leasing on—(1) public land under the jurisdiction of the Secretary of the Interior; and (2) National Forest System land under the jurisdiction of the Secretary of Agriculture.
(b) ContentsThe memorandum of understanding shall include provisions that—(1) establish administrative procedures and lines of authority that ensure timely processing of—(A) oil and gas lease applications; (B) surface use plans of operation, including steps for processing surface use plans; and (C) applications for permits to drill consistent with applicable timelines; (2) eliminate duplication of effort by providing for coordination of planning and environmental compliance efforts; (3) ensure that lease stipulations are—(A) applied consistently; (B) coordinated between agencies; and (C) only as restrictive as necessary to protect the resource for which the stipulations are applied; (4) establish a joint data retrieval system that is capable of—(A) tracking applications and formal requests made in accordance with procedures of the Federal onshore oil and gas leasing program; and (B) providing information regarding the status of the applications and requests within the Department of the Interior and the Department of Agriculture; and (5) establish a joint geographic information system mapping system for use in—(A) tracking surface resource values to aid in resource management; and (B) processing surface use plans of operation and applications for permits to drill.
42 U.S.C. § 15923 Methodology
The Secretary of the Interior shall use the same assessment methodology across all geological provinces, areas, and regions in preparing and issuing national geological assessments to ensure accurate comparisons of geological resources.
42 U.S.C. § 15924 Project to improve Federal permit coordination
(a) EstablishmentThe Secretary of the Interior (referred to in this section as the “Secretary”) shall establish a Federal Permit Streamlining Project (referred to in this section as the “Project”).
(b) Memorandum of understanding(1) In generalNot later than 90 days after August 8, 2005, the Secretary shall enter into a memorandum of understanding for purposes of this section with—(A) the Secretary of Agriculture; (B) the Administrator of the Environmental Protection Agency; and (C) the Chief of Engineers. (2) State participationThe Secretary may request that the Governors of the States in which Project offices are located be signatories to the memorandum of understanding.
(c) Designation of qualified staff(1) In generalNot later than 30 days after the date of the signing of the memorandum of understanding under subsection (b), all Federal signatory parties shall, if appropriate, assign to each of the field offices identified in subsection (d) an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in—(A) the consultations and the preparation of biological opinions under section 1536 of title 16; (B) permits under section 1344 of title 33; (C) regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.); (D) planning under the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.); and (E) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) DutiesEach employee assigned under paragraph (1) shall—(A) not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned; (B) be responsible for all issues relating to the jurisdiction of the home office or agency of the employee; and (C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses.
(d) Project officesThe following Bureau of Land Management Offices shall serve as the Project offices:(1) Rawlins Field Office, Wyoming. (2) High Plains District Office, Wyoming. (3) Montana/Dakotas State Office, Montana. (4) Farmington Field Office, New Mexico. (5) Carlsbad Field Office, New Mexico. (6) Grand Junction/Glenwood Springs Field Office, Colorado. (7) Vernal Field Office, Utah. (8) Any other State, district, or field office of the Bureau of Land Management determined by the Secretary.
(e) Report to CongressNot later than February 1 of the first fiscal year beginning after the date of enactment of the National Defense Authorization Act for Fiscal Year 2015 and each February 1 thereafter, the Secretary shall report to the Chairman and ranking minority Member of the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, which shall include—(1) the allocation of funds to each Project office for the previous fiscal year; and (2) the accomplishments of each Project office relating to the coordination and processing of oil and gas use authorizations during that fiscal year.
(f) Additional personnelThe Secretary shall assign to each field office identified in subsection (d) any additional personnel that are necessary to ensure the effective implementation of—(1) the Project; and (2) other programs administered by the field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(g) Omitted
(h) Transfer of fundsFor the purposes of coordination and processing of oil and gas use authorizations on Federal land under the administration of the Project offices identified in subsection (d), the Secretary may authorize the expenditure or transfer of such funds as are necessary to—(1) the United States Fish and Wildlife Service; (2) the Bureau of Indian Affairs; (3) the Forest Service; (4) the Environmental Protection Agency; (5) the Corps of Engineers; and (6) the States in which Project offices are located.
(i) Savings provisionNothing in this section affects—(1) the operation of any Federal or State law; or (2) any delegation of authority made by the head of a Federal agency whose employees are participating in the Project.
42 U.S.C. § 15925 Fair market value determinations for linear rights-of-way across public lands and national forests
(a) Update of fee scheduleNot later than 1 year after August 8, 2005—(1) the Secretary of the Interior shall update section 2806.20 of title 43, Code of Federal Regulations, as in effect on August 8, 2005, to revise the per acre rental fee zone value schedule by State, county, and type of linear right-of-way use to reflect current values of land in each zone; and (2) the Secretary of Agriculture shall make the same revision for linear rights-of-way granted, issued, or renewed under title V of the Federal Lands Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) on National Forest System land.
(b) Fair market value rental determination for linear rights-of-wayThe fair market value rent of a linear right-of-way across public lands or National Forest System lands issued under section 504 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764) or section 185 of title 30 shall be determined in accordance with subpart 2806 of title 43, Code of Federal Regulations, as in effect on August 8, 2005 (including the annual or periodic updates specified in the regulations), and as updated in accordance with subsection (a).
42 U.S.C. § 15926 Energy right-of-way corridors on Federal land
(a) Western StatesNot later than 2 years after August 8, 2005, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, and the Secretary of the Interior (in this section referred to collectively as “the Secretaries”), in consultation with the Federal Energy Regulatory Commission, States, tribal or local units of governments as appropriate, affected utility industries, and other interested persons, shall consult with each other and shall—(1) designate, under their respective authorities, corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land in the eleven contiguous Western States (as defined in section 1702(o) of title 43; 11 So in original. A closing parenthesis probably should follow “title 43”. (2) perform any environmental reviews that may be required to complete the designation of such corridors; and (3) incorporate the designated corridors into the relevant agency land use and resource management plans or equivalent plans.
(b) Other StatesNot later than 4 years after August 8, 2005, the Secretaries, in consultation with the Federal Energy Regulatory Commission, affected utility industries, and other interested persons, shall jointly—(1) identify corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land in States other than those described in subsection (a); and (2) schedule prompt action to identify, designate, and incorporate the corridors into the applicable land use plans.
(c) Ongoing responsibilitiesThe Secretaries, in consultation with the Federal Energy Regulatory Commission, affected utility industries, and other interested parties, shall establish procedures under their respective authorities that—(1) ensure that additional corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land are promptly identified and designated as necessary; and (2) expedite applications to construct or modify oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities within such corridors, taking into account prior analyses and environmental reviews undertaken during the designation of such corridors.
(d) ConsiderationsIn carrying out this section, the Secretaries shall take into account the need for upgraded and new electricity transmission and distribution facilities to—(1) improve reliability; (2) relieve congestion; and (3) enhance the capability of the national grid to deliver electricity.
(e) Specifications of corridorA corridor designated under this section shall, at a minimum, specify the centerline, width, and compatible uses of the corridor.
42 U.S.C. § 15927 Oil shale, tar sands, and other strategic unconventional fuels
(a) Short titleThis section may be cited as the “Oil Shale, Tar Sands, and Other Strategic Unconventional Fuels Act of 2005”.
(b) Declaration of policyCongress declares that it is the policy of the United States that—(1) United States oil shale, tar sands, and other unconventional fuels are strategically important domestic resources that should be developed to reduce the growing dependence of the United States on politically and economically unstable sources of foreign oil imports; (2) the development of oil shale, tar sands, and other strategic unconventional fuels, for research and commercial development, should be conducted in an environmentally sound manner, using practices that minimize impacts; and (3) development of those strategic unconventional fuels should occur, with an emphasis on sustainability, to benefit the United States while taking into account affected States and communities.
(c) Leasing program for research and development of oil shale and tar sandsIn accordance with section 241 of title 30 and any other applicable law, except as provided in this section, not later than 180 days after August 8, 2005, from land otherwise available for leasing, the Secretary of the Interior (referred to in this section as the “Secretary”) shall make available for leasing such land as the Secretary considers to be necessary to conduct research and development activities with respect to technologies for the recovery of liquid fuels from oil shale and tar sands resources on public lands. Prospective public lands within each of the States of Colorado, Utah, and Wyoming shall be made available for such research and development leasing.
(d) Programmatic environmental impact statement and commercial leasing program for oil shale and tar sands(1) Programmatic environmental impact statementNot later than 18 months after August 8, 2005, in accordance with section 4332(2)(C) of this title, the Secretary shall complete a programmatic environmental impact statement for a commercial leasing program for oil shale and tar sands resources on public lands, with an emphasis on the most geologically prospective lands within each of the States of Colorado, Utah, and Wyoming. (2) Final regulationNot later than 6 months after the completion of the programmatic environmental impact statement under this subsection, the Secretary shall publish a final regulation establishing such program.
(e) Commencement of commercial leasing of oil shale and tar sandsNot later than 180 days after publication of the final regulation required by subsection (d), the Secretary shall consult with the Governors of States with significant oil shale and tar sands resources on public lands, representatives of local governments in such States, interested Indian tribes, and other interested persons, to determine the level of support and interest in the States in the development of tar sands and oil shale resources. If the Secretary finds sufficient support and interest exists in a State, the Secretary may conduct a lease sale in that State under the commercial leasing program regulations. Evidence of interest in a lease sale under this subsection shall include, but not be limited to, appropriate areas nominated for leasing by potential lessees and other interested parties.
(f) Diligent development requirementsThe Secretary shall, by regulation, designate work requirements and milestones to ensure the diligent development of the lease.
(g) Initial report by the Secretary of the InteriorWithin 90 days after August 8, 2005, the Secretary of the Interior shall report to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on—(1) the interim actions necessary to—(A) develop the program, complete the programmatic environmental impact statement, and promulgate the final regulation as required by subsection (d); and (B) conduct the first lease sales under the program as required by subsection (e); and (2) a schedule to complete such actions within the time limits mandated by this section.
(h) Task Force(1) EstablishmentThe Secretary of Energy, in cooperation with the Secretary of the Interior and the Secretary of Defense, shall establish a task force to develop a program to coordinate and accelerate the commercial development of strategic unconventional fuels, including but not limited to oil shale and tar sands resources within the United States, in an integrated manner. (2) CompositionThe Task Force shall be composed of—(A) the Secretary of Energy (or the designee of the Secretary); (B) the Secretary of the Interior (or the designee of the Secretary of the Interior); (C) the Secretary of Defense (or the designee of the Secretary of Defense); (D) the Governors of affected States; and (E) representatives of local governments in affected areas. (3) RecommendationsThe Task Force shall make such recommendations regarding promoting the development of the strategic unconventional fuels resources within the United States as it may deem appropriate. (4) PartnershipsThe Task Force shall make recommendations with respect to initiating a partnership with the Province of Alberta, Canada, for purposes of sharing information relating to the development and production of oil from tar sands, and similar partnerships with other nations that contain significant oil shale resources. (5) Reports(A) Initial reportNot later than 180 days after August 8, 2005, the Task Force shall submit to the President and Congress a report that describes the analysis and recommendations of the Task Force. (B) Subsequent reportsThe Secretary shall provide an annual report describing the progress in developing the strategic unconventional fuels resources within the United States for each of the 5 years following submission of the report provided for in subparagraph (A).
(i) Office of Petroleum Reserves(1) In generalThe Office of Petroleum Reserves of the Department of Energy shall—(A) coordinate the creation and implementation of a commercial strategic fuel development program for the United States; (B) evaluate the strategic importance of unconventional sources of strategic fuels to the security of the United States; (C) promote and coordinate Federal Government actions that facilitate the development of strategic fuels in order to effectively address the energy supply needs of the United States; (D) identify, assess, and recommend appropriate actions of the Federal Government required to assist in the development and manufacturing of strategic fuels; and (E) coordinate and facilitate appropriate relationships between private industry and the Federal Government to promote sufficient and timely private investment to commercialize strategic fuels for domestic and military use. (2) Consultation and coordinationThe Office of Petroleum Reserves shall work closely with the Task Force and coordinate its staff support.
(j) Omitted
(k) Interagency coordination and expeditious review of permitting process(1) Department of the Interior as lead agencyUpon written request of a prospective applicant for Federal authorization to develop a proposed oil shale or tar sands project, the Department of the Interior shall act as the lead Federal agency for the purposes of coordinating all applicable Federal authorizations and environmental reviews. To the maximum extent practicable under applicable Federal law, the Secretary shall coordinate this Federal authorization and review process with any Indian tribes and State and local agencies responsible for conducting any separate permitting and environmental reviews. (2) Implementing regulationsNot later than 6 months after August 8, 2005, the Secretary shall issue any regulations necessary to implement this subsection.
(l) Cost-shared demonstration technologies(1) IdentificationThe Secretary of Energy shall identify technologies for the development of oil shale and tar sands that—(A) are ready for demonstration at a commercially-representative scale; and (B) have a high probability of leading to commercial production. (2) AssistanceFor each technology identified under paragraph (1), the Secretary of Energy may provide—(A) technical assistance; (B) assistance in meeting environmental and regulatory requirements; and (C) cost-sharing assistance.
(m) National oil shale and tar sands assessment(1) Assessment(A) In generalThe Secretary shall carry out a national assessment of oil shale and tar sands resources for the purposes of evaluating and mapping oil shale and tar sands deposits, in the geographic areas described in subparagraph (B). In conducting such an assessment, the Secretary shall make use of the extensive geological assessment work for oil shale and tar sands already conducted by the United States Geological Survey. (B) Geographic areasThe geographic areas referred to in subparagraph (A), listed in the order in which the Secretary shall assign priority, are—(i) the Green River Region of the States of Colorado, Utah, and Wyoming; (ii) the Devonian oil shales and other hydrocarbon-bearing rocks having the nomenclature of “shale” located east of the Mississippi River; and (iii) any remaining area in the central and western United States (including the State of Alaska) that contains oil shale and tar sands, as determined by the Secretary. (2) Use of State surveys and universitiesIn carrying out the assessment under paragraph (1), the Secretary may request assistance from any State-administered geological survey or university.
(n) Land exchanges(1) In generalTo facilitate the recovery of oil shale and tar sands, especially in areas where Federal, State, and private lands are intermingled, the Secretary shall consider the use of land exchanges where appropriate and feasible to consolidate land ownership and mineral interests into manageable areas. (2) Identification and priority of public landsThe Secretary shall identify public lands containing deposits of oil shale or tar sands within the Green River, Piceance Creek, Uintah, and Washakie geologic basins, and shall give priority to implementing land exchanges within those basins. The Secretary shall consider the geology of the respective basin in determining the optimum size of the lands to be consolidated. (3) Compliance with section 1716 of title 43A land exchange undertaken in furtherance of this subsection shall be implemented in accordance with section 1716 of title 43.
(o) Royalty rates for leasesThe Secretary shall establish royalties, fees, rentals, bonus, or other payments for leases under this section that shall—(1) encourage development of the oil shale and tar sands resource; and (2) ensure a fair return to the United States.
(p) Heavy oil technical and economic assessmentThe Secretary of Energy shall update the 1987 technical and economic assessment of domestic heavy oil resources that was prepared by the Interstate Oil and Gas Compact Commission. Such an update should include all of North America and cover all unconventional oil, including heavy oil, tar sands (oil sands), and oil shale.
(q) Omitted
(r) State water rightsNothing in this section preempts or affects any State water law or interstate compact relating to water.
(s) Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this section.
42 U.S.C. § 15928 Consultation regarding energy rights-of-way on public land
(a) Memorandum of understanding(1) In generalNot later than 6 months after August 8, 2005, the Secretary of Energy, in consultation with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Defense with respect to lands under their respective jurisdictions, shall enter into a memorandum of understanding to coordinate all applicable Federal authorizations and environmental reviews relating to a proposed or existing utility facility. To the maximum extent practicable under applicable law, the Secretary of Energy shall, to ensure timely review and permit decisions, coordinate such authorizations and reviews with any Indian tribes, multi-State entities, and State agencies that are responsible for conducting any separate permitting and environmental reviews of the affected utility facility. (2) ContentsThe memorandum of understanding shall include provisions that—(A) establish—(i) a unified right-of-way application form; and (ii) an administrative procedure for processing right-of-way applications, including lines of authority, steps in application processing, and timeframes for application processing; (B) provide for coordination of planning relating to the granting of the rights-of-way; (C) provide for an agreement among the affected Federal agencies to prepare a single environmental review document to be used as the basis for all Federal authorization decisions; and (D) provide for coordination of use of right-of-way stipulations to achieve consistency.
(b) Natural gas pipelines(1) In generalWith respect to permitting activities for interstate natural gas pipelines, the May 2002 document entitled “Interagency Agreement On Early Coordination Of Required Environmental And Historic Preservation Reviews Conducted In Conjunction With The Issuance Of Authorizations To Construct And Operate Interstate Natural Gas Pipelines Certificated By The Federal Energy Regulatory Commission” shall constitute compliance with subsection (a). (2) Report(A) In generalNot later than 1 year after August 8, 2005, and every 2 years thereafter, agencies that are signatories to the document referred to in paragraph (1) shall transmit to Congress a report on how the agencies under the jurisdiction of the Secretaries are incorporating and implementing the provisions of the document referred to in paragraph (1). (B) ContentsThe report shall address—(i) efforts to implement the provisions of the document referred to in paragraph (1); (ii) whether the efforts have had a streamlining effect; (iii) further improvements to the permitting process of the agency; and (iv) recommendations for inclusion of State and tribal governments in a coordinated permitting process.
(c) Definition of utility facilityIn this section, the term “utility facility” means any privately, publicly, or cooperatively owned line, facility, or system—(1) for the transportation of—(A) oil, natural gas, synthetic liquid fuel, or gaseous fuel; (B) any refined product produced from oil, natural gas, synthetic liquid fuel, or gaseous fuel; or (C) products in support of the production of material referred to in subparagraph (A) or (B); (2) for storage and terminal facilities in connection with the production of material referred to in paragraph (1); or (3) for the generation, transmission, and distribution of electric energy.
42 U.S.C. § 15941 Great Lakes oil and gas drilling ban
No Federal or State permit or lease shall be issued for new oil and gas slant, directional, or offshore drilling in or under one or more of the Great Lakes.
42 U.S.C. § 15942 NEPA review
(a) NEPA reviewAction by the Secretary of the Interior in managing the public lands, or the Secretary of Agriculture in managing National Forest System Lands, with respect to any of the activities described in subsection (b) shall be subject to a rebuttable presumption that the use of a categorical exclusion under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] (NEPA) would apply if the activity is conducted pursuant to the Mineral Leasing Act [30 U.S.C. 181 et seq.] for the purpose of exploration or development of oil or gas.
(b) Activities describedThe activities referred to in subsection (a) are the following:(1) Individual surface disturbances of less than 5 acres so long as the total surface disturbance on the lease is not greater than 150 acres and site-specific analysis in a document prepared pursuant to NEPA has been previously completed. (2) Drilling an oil or gas well at a location or well pad site at which drilling has occurred previously within 5 years prior to the date of spudding the well. (3) Drilling an oil or gas well within a developed field for which an approved land use plan or any environmental document prepared pursuant to NEPA analyzed such drilling as a reasonably foreseeable activity, so long as such plan or document was approved within 5 years prior to the date of spudding the well. (4) Placement of a pipeline in an approved right-of-way corridor, so long as the corridor was approved within 5 years prior to the date of placement of the pipeline. (5) Maintenance of a minor activity, other than any construction or major renovation or a building or facility.
42 U.S.C. § 15943 Certain gathering lines located on Federal land and Indian land
(a) DefinitionsIn this section:(1) Federal land(A) In generalThe term “Federal land” means land the title to which is held by the United States. (B) ExclusionsThe term “Federal land” does not include—(i) a unit of the National Park System; (ii) a unit of the National Wildlife Refuge System; (iii) a component of the National Wilderness Preservation System; (iv) a wilderness study area within the National Forest System; or (v) Indian land. (2) Gathering line and associated field compression or pumping unit(A) In generalThe term “gathering line and associated field compression or pumping unit” means—(i) a pipeline that is installed to transport oil, natural gas and related constituents, or produced water from 1 or more wells drilled and completed to produce oil or gas; and (ii) if necessary, 1 or more compressors or pumps to raise the pressure of the transported oil, natural gas and related constituents, or produced water to higher pressures necessary to enable the oil, natural gas and related constituents, or produced water to flow into pipelines and other facilities. (B) InclusionsThe term “gathering line and associated field compression or pumping unit” includes a pipeline or associated compression or pumping unit that is installed to transport oil or natural gas from a processing plant to a common carrier pipeline or facility. (C) ExclusionsThe term “gathering line and associated field compression or pumping unit” does not include a common carrier pipeline. (3) Indian landThe term “Indian land” means land the title to which is held by—(A) the United States in trust for an Indian Tribe or an individual Indian; or (B) an Indian Tribe or an individual Indian subject to a restriction by the United States against alienation. (4) Produced waterThe term “produced water” means water produced from an oil or gas well bore that is not a fluid prepared at, or transported to, the well site to resolve a specific oil or gas well bore or reservoir condition. (5) SecretaryThe term “Secretary” means the Secretary of the Interior.
(b) Certain gathering lines(1) In generalSubject to paragraph (2), the issuance of a sundry notice or right-of-way for a gathering line and associated field compression or pumping unit that is located on Federal land or Indian land and that services any oil or gas well may be considered by the Secretary to be an action that is categorically excluded (as defined in section 1508.1 of title 40, Code of Federal Regulations (as in effect on November 15, 2021)) for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the gathering line and associated field compression or pumping unit—(A) are within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed transportation of oil, natural gas, or produced water from 1 or more oil or gas wells in the field or unit as a reasonably foreseeable activity; (B) are located adjacent to or within—(i) any existing disturbed area; or (ii) an existing corridor for a right-of-way; and (C) would reduce—(i) in the case of a gathering line and associated field compression or pumping unit transporting methane, the total quantity of methane that would otherwise be vented, flared, or unintentionally emitted from the field or unit; or (ii) in the case of a gathering line and associated field compression or pumping unit not transporting methane, the vehicular traffic that would otherwise service the field or unit. (2) ApplicabilityParagraph (1) shall apply to Indian land, or a portion of Indian land—(A) to which the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applies; and (B) for which the Indian Tribe with jurisdiction over the Indian land submits to the Secretary a written request that paragraph (1) apply to that Indian land (or portion of Indian land).
(c) Effect on other lawNothing in this section—(1) affects or alters any requirement—(A) relating to prior consent under—(i) section 324 of title 25; or (ii) section 5123(e) of title 25 (commonly known as the “Indian Reorganization Act” 11 See References in Text note below.); (B) under section 306108 of title 54; or (C) under any other Federal law (including regulations) relating to Tribal consent for rights-of-way across Indian land; or (2) makes the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable to land to which that Act otherwise would not apply.
42 U.S.C. § 15951 Findings and definitions
(a) FindingsCongress finds that—(1) it serves the national interest to increase petroleum refining capacity for gasoline, heating oil, diesel fuel, jet fuel, kerosene, and petrochemical feedstocks wherever located within the United States, to bring more supply to the markets for the use of the American people; (2) United States demand for refined petroleum products currently exceeds the country’s petroleum refining capacity to produce such products; (3) this excess demand has been met with increased imports; (4) due to lack of capacity, refined petroleum product imports are expected to grow from 7.9 percent to 10.7 percent of total refined product by 2025; (5) refiners are still subject to significant environmental and other regulations and face several new requirements under the Clean Air Act (42 U.S.C. 7401 et seq.) over the next decade; and (6) better coordination of Federal and State regulatory reviews may help facilitate siting and construction of new refineries to meet the demand in the United States for refined products.
(b) DefinitionsIn this part:(1) AdministratorThe term “Administrator” means the Administrator of the Environmental Protection Agency. (2) StateThe term “State” means—(A) a State; (B) the Commonwealth of Puerto Rico; and (C) any other territory or possession of the United States.
42 U.S.C. § 15952 Federal-State regulatory coordination and assistance
(a) In generalAt the request of the Governor of a State, the Administrator may enter into a refinery permitting cooperative agreement with the State, under which each party to the agreement identifies steps, including timelines, that it will take to streamline the consideration of Federal and State environmental permits for a new refinery.
(b) Authority under agreementThe Administrator shall be authorized to—(1) accept from a refiner a consolidated application for all permits required from the Environmental Protection Agency, to the extent consistent with other applicable law; (2) enter into memoranda of agreement with other Federal agencies to coordinate consideration of refinery applications and permits among Federal agencies; and (3) enter into memoranda of agreement with a State, under which Federal and State review of refinery permit applications will be coordinated and concurrently considered, to the extent practicable.
(c) State assistanceThe Administrator is authorized to provide financial assistance to State governments to facilitate the hiring of additional personnel with expertise in fields relevant to consideration of refinery permits.
(d) Other assistanceThe Administrator is authorized to provide technical, legal, or other assistance to State governments to facilitate their review of applications to build new refineries.