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42 U.S. Code § 15907. Orphaned well site plugging, remediation, and restoration
(a) DefinitionsIn this section:
(1) Federal landThe term “Federal land” means land administered by a land management agency within—
(A)
the Department of Agriculture; or
(B)
the Department of the Interior.
(2) Idled wellThe term “idled well” means a well—
(A)
that has been nonoperational for not fewer than 4 years; and
(B)
for which there is no anticipated beneficial future use.
(3) Indian Tribe
The term “Indian Tribe” has the meaning given the term in section 5304 of title 25.
(4) Operator
The 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)
[1] (I) that is not used for an authorized purpose, such as production, injection, or monitoring; and
(II)
(aa)
for which no operator can be located;
(bb) the operator of which is unable—
(AA)
to plug the well; and
(BB)
to remediate and reclaim the well site; or
(cc)
that is within the National Petroleum Reserve–Alaska; and
(B) with respect to State or private land—
(i)
has the meaning given the term by the applicable State; or
(ii)
if that State uses different terminology, has the meaning given another term used by the State to describe a well eligible for plugging, remediation, and reclamation by the State.
(6) Tribal landThe term “Tribal land” means any land or interest in land owned by an Indian Tribe, the title to which is—
(A)
held in trust by the United States; or
(B)
subject to a restriction against alienation under Federal law.
(b) Federal program
(1) Establishment
Not 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.