109 HR 2064 IH: Western Waters and Farm Lands Protection Act
U.S. House of Representatives
2005-05-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; findings; purpose
(a)This Act may be cited as the Western Waters and Farm Lands Protection Act
.
(b)The Congress finds the following:
(1)Domestic oil and gas resources, including coalbed methane, are an important part of the Nation’s energy supply portfolio and their development in appropriate locations and in appropriate ways can help reduce dependence on imported energy supplies.
(2)In many areas of the Western United States, federally owned minerals, including oil and gas, are in lands where the surface estate belongs to non-Federal parties whose interests can be adversely affected if the development of the minerals is not done in an appropriate manner.
(3)Development of oil and gas—and especially coalbed methane—often involves removal of a significant volume of groundwater.
(4)Some of the water extracted in connection with this development is reinjected into the ground, while some is retained in surface holding ponds or released on the surface and allowed to flow into streams or other waterbodies, including ditches used for irrigation.
(5)The quality of these extracted waters varies from one location to another. Some of these waters are of good quality, but they often contain dissolved minerals (such as sodium, magnesium, arsenic, or selenium) that can contaminate other waters as a result of leaks or leaching from holding ponds or discharge of extracted waters. In addition, extracted waters often have other characteristics, such as high acidity and temperature, that can adversely affect agricultural uses of land or the quality of the environment.
(6)Clearer requirements for proper disposal of these extracted waters is necessary in order to avoid adverse effects on the quality of ground and surface waters as well as the productivity of surrounding agricultural lands.
(7)To reduce the chance of potential harm to water supplies, agricultural production, and the environment that otherwise could result from disposal of water extracted in connection with coalbed methane development or the development of other oil or gas resources, the Congress should act to ensure that such disposal is subject to regulation under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and the Mineral Leasing Act (30 U.S.C. 181 et seq.).
(8)Under the Stock-Raising Homestead Act (43 U.S.C. 291 et seq.) and other laws, the Federal Government has transferred to other parties the surface estate in millions of acres in Western States where ownership of coal, oil, gas, and other minerals has been retained by the Federal Government.
(9)Under current Federal law, the leasing of federally owned coal on lands where the surface estate is not owned by the United States is subject to the consent of the surface estate owners, but neither this consent requirement nor the operating and bonding requirements applicable to development of federally owned locatable minerals applies to the leasing or development of oil or gas in similar split-estate situations.
(10)To better balance the need for development of oil and gas resources (including coalbed methane) with the rights and interests of the owners of the surface estate of affected lands, current law should be revised so as to increase the involvement of the surface estate owners in developing and implementing plans for such development and to provide clearer and more adequate standards for such development.
(c)The purpose of this Act is to provide for the protection of water resources and the rights of surface estate owners in the development of oil and gas resources, including coalbed methane.
<enum>I</enum><header>Protection of water resources</header>
<section id="H51E3F82AB1DC46CCB5C71DAC24326808"><enum>101.</enum><header><act-name parsable-cite="MLA">Mineral Leasing Act</act-name> requirements</header><text display-inline="no-display-inline">Section 17 of the <act-name parsable-cite="MLA">Mineral Leasing Act</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/30/226">30 U.S.C. 226</external-xref>) is amended by adding at the end the following:</text>
<quoted-block act-name="Mineral Leasing Act" id="HA7073B10AC044DC3AF7F5E384BA66025">
<subsection id="HA68BE457CA61493FB8D86BE8144E036E"><enum>(p)</enum><header>Water requirements</header>
<paragraph id="H4DC1C8559EB64F659E64D220C82C00F5"><enum>(1)</enum><text>An operator producing oil or gas (including coalbed methane) under a lease issued under this Act shall—</text>
<subparagraph id="H01B67599F85443BAAD81220062BA48BC"><enum>(A)</enum><text>replace the water supply of a water user who obtains all or part of such user’s supply of water for domestic, agricultural, or other purposes from an underground or surface source that has been affected by contamination, diminution, or interruption proximately resulting from drilling operations for such production; and</text></subparagraph>
<subparagraph id="HF6B7E98123F84E4E94CBF61B49FC54DF"><enum>(B)</enum><text>comply with all applicable requirements of Federal and State law for discharge of any water produced under the lease.</text></subparagraph></paragraph>
<paragraph id="H8F23B91B5A0E4BE2A7CB432FE2629F"><enum>(2)</enum><text>An application for a lease under this subsection shall be accompanied by a proposed water management plan including provisions to—</text>
<subparagraph id="H4202360F19504EDD8DAA4D00A42B6181"><enum>(A)</enum><text>protect the quantity and quality of surface and ground water systems, both on-site and off-site, from adverse effects of the exploration, development, and reclamation processes or to provide alternative sources of water if such protection cannot be assured;</text></subparagraph>
<subparagraph id="H5643C08220E045A09464E39CC10748E8"><enum>(B)</enum><text>protect the rights of present users of water that would be affected by operations under the lease, including the discharge of any water produced in connection with such operations that is not reinjected; and</text></subparagraph>
<subparagraph id="H31C2E4471DE9440C9BF34CC7FB715E45"><enum>(C)</enum><text>identify any agreements with other parties for the beneficial use of produced waters and the steps that will be taken to comply with State and Federal laws related to such use.</text></subparagraph></paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block></section>
<section id="H856984FF12264BB1B26C0855CA41182B"><enum>102.</enum><header>Clean Water Act requirements</header><text display-inline="no-display-inline">Section 402(b) of the <act-name parsable-cite="FWPCA">Federal Water Pollution Control Act</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/33/1342">33 U.S.C. 1342</external-xref>) is amended—</text>
<paragraph id="HBDDA27CF64034ECE83D34C193C795600"><enum>(1)</enum><text>in paragraph (8) by striking <quote>and</quote> at the end;</text></paragraph>
<paragraph id="HD0AC8800CD8F49FF8E7899C600648552"><enum>(2)</enum><text>in paragraph (9) by striking <quote>; and</quote> at the end and inserting a period; and</text></paragraph>
<paragraph id="HB1B2157C53E7402FBC52DBDF73600CB"><enum>(3)</enum><text>by adding at the end the following:</text>
<quoted-block act-name="Federal Water Pollution Control Act" id="H724AB121DFE14E1D967DD0F3EB64F05C">
<paragraph id="HD5E2CCEBD1274BA88CDE5955E3ADB4EE"><enum>(10)</enum><text>To issue permits that comply with subsection (a) and any other requirements of this Act, for waters extracted from a subsurface formation in connection with oil and gas, including coalbed methane, and to subject such extracted waters to the requirements of this Act.</text></paragraph><after-quoted-block>.</after-quoted-block></quoted-block></paragraph></section>
<section id="H2932AC4193D24496AE311FCFAB699E11"><enum>103.</enum><header>Relation to State law</header><text display-inline="no-display-inline">Nothing in this Act or any amendment made by this Act shall—</text>
<paragraph id="HADFFD2E1D3274364BD167E2B2CB055E6"><enum>(1)</enum><text>be construed as impairing or in any manner affecting any right or jurisdiction of any State with respect to the waters of such State; or</text></paragraph>
<paragraph id="HC9A359723DC54568A200FBD44D8E2B3C"><enum>(2)</enum><text>be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between States.</text></paragraph></section>
<enum>II</enum><header>Surface owner protection</header>
<section id="H01BD9349E43F4E938621008B3E51B24D"><enum>201.</enum><header>Definitions</header><text display-inline="no-display-inline">As used in this title—</text>
<paragraph id="HEA765C02D2684E5AAC2B8CD3BB56DCF1"><enum>(1)</enum><text>the term <term>Secretary</term> means the Secretary of the Interior;</text></paragraph>
<paragraph id="H20826A0F0D9E4CFC9D2232FCDE006E4E"><enum>(2)</enum><text>the term <term>lease</term> means a lease issued by the Secretary under the <act-name parsable-cite="MLA">Mineral Leasing Act</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/30/181">30 U.S.C. 181 et seq.</external-xref>) or any other law, providing for development of oil and gas resources (including coalbed methane) owned by the United States;</text></paragraph>
<paragraph id="H2D2317BB1A0546AD93F3CE14AC2C626D"><enum>(3)</enum><text>the term <term>lessee</term> means the holder of a lease; and</text></paragraph>
<paragraph id="H97242A4E594B484A8E3E00E952136291"><enum>(4)</enum><text>the term <term>operator</term> means any person that is responsible under the terms and conditions of a lease for the operations conducted on leased lands or any portion thereof.</text></paragraph></section>
<section id="H4767863C4B88404A9008F1CBAE02413"><enum>202.</enum><header>Post-lease surface use agreement</header>
<subsection id="H16FC9DC5881843E2AF8CBB811DA96C7E"><enum>(a)</enum><header>In general</header><text>Except as provided in section 203, the Secretary may not authorize any operator to conduct exploration and drilling operations on lands with respect to which title to oil and gas resources is held by the United States but title to the surface estate is not held by the United States, until the operator has filed with the Secretary a document, signed by the operator and the surface owner or owners, showing that the operator has secured a written surface use agreement between the operator and the surface owner or owners that meets the requirements of subsection (b).</text></subsection>
<subsection id="HF1676BB5EE4641B7B62301E60378062B"><enum>(b)</enum><header>Contents</header><text>The surface use agreement shall provide for—</text>
<paragraph id="HBD0A09F3E899435EB16EDBC2710009F8"><enum>(1)</enum><text>the use of only such portion of the surface estate as is reasonably necessary for exploration and drilling operations based on site-specific conditions;</text></paragraph>
<paragraph id="H92BE13C43F89440D9405A4B77D22D8F7"><enum>(2)</enum><text>the accommodation of the surface estate owner to the maximum extent practicable, including the location, use, timing, and type of exploration and drilling operations, consistent with the operator’s right to develop the oil and gas estate;</text></paragraph>
<paragraph id="H42ADC5FD59704F45BD2D5BBE7BA40D4"><enum>(3)</enum><text>the reclamation of the site to a condition capable of supporting the uses which such lands were capable of supporting prior to exploration and drilling operations; and</text></paragraph>
<paragraph id="HBD6DE7166BC3485AA56EF445E11F5C"><enum>(4)</enum><text>compensation for damages as a result of exploration and drilling operations, including but not limited to—</text>
<subparagraph id="H91B33A183DCB49F1B94CED9D3078F08C"><enum>(A)</enum><text>loss of income and increased costs incurred;</text></subparagraph>
<subparagraph id="H90B4A0443AAF47C995897FE324E9522F"><enum>(B)</enum><text>damage to or destruction of personal property, including crops, forage, and livestock; and</text></subparagraph>
<subparagraph id="H917C54A5AAF349DF9E5BBA817BEDDA00"><enum>(C)</enum><text>failure to reclaim the site in accordance with this paragraph (3).</text></subparagraph></paragraph></subsection>
<subsection id="H15AA3B6CB2D44AAF9FA143EA3C6EAAA"><enum>(c)</enum><header>Procedure</header>
<paragraph display-inline="yes-display-inline" id="HFE3F983D1AA34982A993EADBD950FB4F"><enum>(1)</enum><text>An operator shall notify the surface estate owner or owners of the operator’s desire to conclude an agreement under this section. If the surface estate owner and the operator do not reach an agreement within 90 days after the operator has provided such notice, the matter shall be referred to third party arbitration for resolution within a period of 90 days. The cost of such arbitration shall be the responsibility of the operator.</text></paragraph>
<paragraph indent="up1" id="H704F2BFF912545B7A2CA7E54039B00BD"><enum>(2)</enum><text>The Secretary shall identify persons with experience in conducting arbitrations and shall make this information available to operators.</text></paragraph>
<paragraph indent="up1" id="HA48C4EBF0D3845948CD6116CD7236D25"><enum>(3)</enum><text>Referral of a matter for arbitration by a person identified by the Secretary pursuant to paragraph (2) shall be sufficient to constitute compliance with paragraph (1).</text></paragraph></subsection>
<subsection id="H64E98B6C30F34BB5B92B5F84D8693E3E"><enum>(d)</enum><header>Attorneys fees</header><text>If action is taken to enforce or interpret any of the terms and conditions contained in a surface use agreement, the prevailing party shall be reimbursed by the other party for reasonable attorneys fees and actual costs incurred, in addition to any other relief which a court or arbitration panel may grant.</text></subsection></section>
<section id="H92326946A5CA46EFBE40797495904187"><enum>203.</enum><header>Authorized exploration and drilling operations</header>
<subsection id="H6D62FD4F699A41C5A3AA5745E8005750"><enum>(a)</enum><header>Authorization without surface use agreement</header><text>The Secretary may authorize an operator to conduct exploration and drilling operations on lands covered by section 202 in the absence of an agreement with the surface estate owner or owners, if—</text>
<paragraph id="H57D312C4B8F146A68BC9634B71F72B78"><enum>(1)</enum><text>the Secretary makes a determination in writing that the operator made a good faith attempt to conclude such an agreement, including referral of the matter to arbitration pursuant to section 202(c), but that no agreement was concluded within 90 days after the referral to arbitration;</text></paragraph>
<paragraph id="H8B4C0C67BDB34819ACE4836DBA25C8FD"><enum>(2)</enum><text>the operator submits a plan of operations that provides for the matters specified in section 202(b) and for compliance with all other applicable requirements of Federal and State law; and</text></paragraph>
<paragraph id="H7053C5C1E53949BF801D4BABCFAD74C0"><enum>(3)</enum><text>the operator posts a bond or other financial assurance in an amount the Secretary determines to be adequate to ensure compensation to the surface estate owner for any damages to the site, in the form of a surety bond, trust fund, letter of credit, government security, certificate of deposit, cash, or equivalent.</text></paragraph></subsection>
<subsection id="H53C2F79A0A4049AE9835B1D7F6C1045D"><enum>(b)</enum><header>Surface owner participation</header><text>The Secretary shall provide surface estate owners with an opportunity to—</text>
<paragraph id="HB6122671E4214345ADAE88DBD4B6B7DC"><enum>(1)</enum><text>comment on plans of operations in advance of a determination of compliance with this title;</text></paragraph>
<paragraph id="H4B3DFB440908499ABCE32BD8C38ED371"><enum>(2)</enum><text>participate in bond level determinations and bond release proceedings under this section;</text></paragraph>
<paragraph id="HDDF99CE5EF4547649FB8F660A8F12051"><enum>(3)</enum><text>attend an on-site inspection during such determinations and proceedings;</text></paragraph>
<paragraph id="HAA33C8103A3C4B2BA3571CFE98FB7E89"><enum>(4)</enum><text>file written objections to a proposed bond release; and</text></paragraph>
<paragraph id="HAF823D6F1107478CA88F56A96DCAA612"><enum>(5)</enum><text>request and participate in an on-site inspection when they have reason to believe there is a violation of the terms and conditions of a plan of operations.</text></paragraph></subsection>
<subsection id="H029EC251F98D43A7BC9B42637B3851DB"><enum>(c)</enum><header>Payment of financial guarantee</header><text>A surface estate owner with respect to any land subject to a lease may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under this section as compensation for any damages as a result of exploration and drilling operations. Pursuant to such a petition, the Secretary may use such bond or other guarantee to provide compensation to the surface estate owner for such damages.</text></subsection>
<subsection id="H0F95D09023D24567A35F27A637D12200"><enum>(d)</enum><header>Bond release</header><text>Upon request and after inspection and opportunity for surface estate owner review, the Secretary may release the financial assurance required under this section if the Secretary determines that exploration and drilling operations are ended and all damages have been fully compensated.</text></subsection></section>
<section id="H21E403F8B63248F299A7B8BDFBFA5E8"><enum>204.</enum><header>Surface owner notification</header><text display-inline="no-display-inline">The Secretary shall—</text>
<paragraph id="H0AD0C1FA61D34410826EE58BD6B5A407"><enum>(1)</enum><text>notify surface estate owners in writing at least 45 days in advance of lease sales;</text></paragraph>
<paragraph id="H89147AA836DB42F2A8437601415D4E2B"><enum>(2)</enum><text>within ten working days after a lease is issued, notify surface estate owners of regarding the identity of the lessee;</text></paragraph>
<paragraph id="H0ABB44BC37EA4719B01337A632A1D2FB"><enum>(3)</enum><text>notify surface estate owners in writing concerning any subsequent decisions regarding a lease, such as modifying or waiving stipulations and approving rights of way; and</text></paragraph>
<paragraph id="H6A162FE7565F437D98E2794B5B68A938"><enum>(4)</enum><text>notify surface estate owners within five business days after issuance of a drilling permit under a lease.</text></paragraph></section>
<enum>III</enum><header>Reclamation and bonding</header>
<section id="HE8172F6259764DF5A8566EE0DE1BA4C9"><enum>301.</enum><header>Reclamation standard and bond</header><text display-inline="no-display-inline">Section 17 of the <act-name parsable-cite="MLA">Mineral Leasing Act</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/30/226">30 U.S.C. 226</external-xref>) is amended by adding at the end the following:</text>
<quoted-block act-name="Mineral Leasing Act" id="H9BC2B853D0504E76849E356D003B41C0">
<subsection id="HDB0140ECD7C549BBA23439346B60BAB"><enum>(p)</enum><header>Reclamation requirements</header><text>An operator producing oil or gas (including coalbed methane) under a lease issued pursuant to this Act shall—</text>
<paragraph id="HA3EA8891CA8F457D83AA10D23849A95C"><enum>(1)</enum><text>at a minimum restore the land affected to a condition capable of supporting the uses that it was capable of supporting prior to any drilling, or higher or better uses of which there is reasonable likelihood, so long as such use or uses do not present any actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or pollution, and the permit applicants’ declared proposed land use following reclamation is not impractical or unreasonable, inconsistent with applicable land use policies and plans, or involve unreasonable delay in implementation, or is violative of Federal, State, or local law;</text></paragraph>
<paragraph id="HB25F2D932BC14B96B9F009CFF3DEE28"><enum>(2)</enum><text>ensure that all reclamation efforts proceed in an environmentally sound manner and as contemporaneously as practicable with the oil and gas drilling operations; and</text></paragraph>
<paragraph id="HADC5DB80313F47FDA32615179208B51C"><enum>(3)</enum><text>submit with the plan of operations a reclamation plan that describes in detail the methods and practices that will be used to ensure complete and timely restoration of all lands affected by oil and gas operations.</text></paragraph></subsection>
<subsection id="H69DD303331EC4D05AA3DC32C3264DB8"><enum>(q)</enum><header>Reclamation bond</header><text>An operator producing oil or gas (including coalbed methane) under a lease issued under this Act shall post a bond that covers that area of land within the permit area upon which the operator will initiate and conduct oil and gas drilling and reclamation operations within the initial term of the permit. As succeeding increments of oil and gas drilling and reclamation operations are to be initiated and conducted within the permit area, the lessee shall file with the regulatory authority an additional bond or bonds to cover such increments in accordance with this section. The amount of the bond required for each bonded area shall depend upon the reclamation requirements of the approved permit; shall reflect the probable difficulty of reclamation giving consideration to such factors as topography, geology of the site, hydrology, and revegetation potential; and shall be determined by the Secretary. The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by the Secretary in the event of forfeiture.</text></subsection>
<subsection id="H1C187A71D6E9468389FB759500807782"><enum>(r)</enum><header>Regulations</header><text>No later than one year after the date of the enactment of this subsection, the Secretary shall promulgate regulations to implement the requirements of subsections (p) and (q).</text></subsection>
<subsection id="H9E138D8C16CC44DC8BC1440697642EA4"><enum>(s)</enum><header>Study by the general accounting office</header>
<paragraph display-inline="yes-display-inline" id="H94BAF47F5B824D2599F6A04CF42E74DA"><enum>(1)</enum><text>The Comptroller General shall conduct a review to assess the adequacy of the regulations issued by the Secretary pursuant to subsection (r) to ensure that operators will meet the requirements of subsection (p).</text></paragraph>
<paragraph indent="up1" id="HC1213677BDC14D9ABA8239C7B7ADC9B1"><enum>(2)</enum><text>A report of the results of the review required by paragraph (1) shall be transmitted to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate no later than 180 days after the date on which the Secretary promulgates regulations pursuant to subsection (r).</text></paragraph>
<paragraph indent="up1" id="HE2D3289AF531430599B3D430E860A67F"><enum>(3)</enum><text>The report required by paragraph (2) shall include findings and conclusions by the Comptroller General of the United States, and any recommendations the Comptroller General may make with respect to any legislation or administrative actions the Comptroller General determines would be appropriate to ensure compliance with the requirements of subsection (p).</text></paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block></section>
<enum>IV</enum><header>Abandoned wells</header>
<section id="HEC4596AFBBF34F38998E6386EA904E71"><enum>401.</enum><header>Definition</header><text display-inline="no-display-inline">As used in this title, the term <quote>abandoned well</quote> means any well drilled for the purpose of exploring for or developing oil or gas resources (including coalbed methane) that—</text>
<paragraph id="HC1C0CF1FE399459A89856C578F887F9B"><enum>(1)</enum><text>has not been in operation for a period of 12 continuous months, unless the owner or operator has notified the Secretary of the Interior (for wells drilled to explore for or develop minerals owned by the United States) or the relevant State regulatory agency (for wells drilled to explore for or develop minerals not owned by the United States) that the well has been temporarily shut down; or</text></paragraph>
<paragraph id="H119D424B58234277006B2DE6C2D55334"><enum>(2)</enum><text>has not been operative for more than 60 continuous months after the owner or operator has notified the Secretary of the Interior (for wells drilled to explore for or develop minerals owned by the United States) or the relevant State regulatory agency (for wells drilled to explore for or develop minerals not owned by the United States) that the well has been temporarily shut down.</text></paragraph></section>
<section id="H2A6115B0DFDE4BB8BC3C86ABC9DCD2AD"><enum>402.</enum><header>Federal remediation program</header>
<subsection id="H474EF71864AF45C08F05C5E8009F6DF3"><enum>(a)</enum><header>Establishment of program</header>
<paragraph display-inline="yes-display-inline" id="H08FE94EEACEA4C039F98B84E534399DB"><enum>(1)</enum><text>The Secretary of the Interior, in cooperation with the Secretary of Agriculture, shall establish a program to ensure to the maximum extent feasible the remediation, reclamation, and closure of abandoned wells that—</text>
<subparagraph indent="up1" id="H4DEDA3500EB7434BBFE07BD46F2B71DC"><enum>(A)</enum><text>are located on lands administered by an agency of the Department of the Interior or the Forest Service; or</text></subparagraph>
<subparagraph indent="up1" id="H035D4DC66DAC40F9AEE78CD4222F125B"><enum>(B)</enum><text>were drilled to explore for or develop minerals owned by the United States located on lands with respect to which the surface estate is not owned by the United States.</text></subparagraph></paragraph>
<paragraph indent="up1" id="H9CD3B2F627E2413A8F9157DEDD2D8179"><enum>(2)</enum><text>In implementing the program, the Secretary of the Interior—</text>
<subparagraph id="H0D930710F9F948689CA91B2582239F72"><enum>(A)</enum><text>shall cooperate with the Secretary of Agriculture and the States with respect to the Federal lands covered by the program are located; and</text></subparagraph>
<subparagraph id="HCB5C109E1066428EB4EFBEF1E24D25E8"><enum>(B)</enum><text>shall consult with the Secretary of Energy and the Interstate Oil and Gas Compact Commission.</text></subparagraph></paragraph>
<paragraph indent="up1" id="HC392152D9A3F40AFA5E0C0FC78BFB86"><enum>(3)</enum><text>The Secretary of the Interior shall establish the program by no later than 3 years after the date of enactment of this section.</text></paragraph></subsection>
<subsection id="H134558D444654236B02D00C4A800D6EE"><enum>(b)</enum><header>Program elements</header><text>The program established under subsection (a) shall—</text>
<paragraph id="H10DC7730771C49DFBED57C79CD7068C"><enum>(1)</enum><text>provide for identification of abandoned wells to be covered by the program;</text></paragraph>
<paragraph id="H54518AF60A1E414BBF7F25253B8401C9"><enum>(2)</enum><text>establish a means of ranking critical sites for priority in remediation based on potential environmental harm, other land use priorities, and public health and safety; and</text></paragraph>
<paragraph id="H0BF6056430A143F398BF3BC887DDCFA"><enum>(3)</enum><text>provide as far as possible for identifying any lessees or other persons responsible for abandoned wells, and for recovering the costs of remediation to the maximum extent feasible.</text></paragraph></subsection>
<subsection id="H096BC66692254ED3930077F7EDF37200"><enum>(c)</enum><header>Plan</header><text>Within 6 months after the date of enactment of this section, the Secretary of the Interior, in cooperation with the Secretary of Agriculture, shall prepare a plan for implementing the program established under subsection (a). A copy of the plan shall be transmitted to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.</text></subsection>
<subsection id="H84895CCC27DF41B6AB7EF717C1A98609"><enum>(d)</enum><header>Review and report</header>
<paragraph display-inline="yes-display-inline" id="HCE35593F8A494D10A560846C10E700EE"><enum>(1)</enum><text>No later than 3 years after the date of enactment of this section, the Secretary of the Interior, in consultation with the Secretary of Agriculture, shall complete a review of the status of remediation, reclamation, and closure actions under the program.</text></paragraph>
<paragraph indent="up1" id="H52133A74C4EC44B085D5583460C97200"><enum>(2)</enum><text>Upon completion of the review required by paragraph (1), the Secretary of the Interior shall provide to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate—</text>
<subparagraph id="HF484AD978FEE451AB6E0D2809FB6EB1F"><enum>(A)</enum><text>a report on the results of the review;</text></subparagraph>
<subparagraph id="HBC13835E2DC24829BDC4FE26DB21BD9"><enum>(B)</enum><text>information regarding any wells on lands covered by the program that have been abandoned since the date of enactment of this section; and</text></subparagraph>
<subparagraph id="H3CF6CC50E29A46E0A2B35800AB6FE07D"><enum>(C)</enum><text>any recommendations the Secretary may choose to make regarding legislative or administration steps to further the purposes for which the program was established.</text></subparagraph></paragraph></subsection>
<subsection id="H0480BB968B344690AE173F90B2D9ADC7"><enum>(e)</enum><header>Authorization of appropriations</header><text>There are authorized to be appropriated to the Secretary of the Interior $5,000,000 for each of fiscal years 2006 through 2007 to carry out this section.</text></subsection></section>
<section id="HB1EE36FE18984F468247A49C1EC9BA9"><enum>403.</enum><header>Assistance to States and tribes</header>
<subsection id="H4A72024553354479A632F5D475C65E27"><enum>(a)</enum><header>State program</header><text>The Secretary of the Interior, in consultation with the Secretary of Energy, shall establish a program to provide technical assistance to facilitate State efforts to develop and implement practical and economical remedies for environmental problems caused by abandoned wells on lands that are not owned by the United States. The Secretary shall work with the States, through the Interstate Oil and Gas Compact Commission, to assist the States in quantifying and mitigating environmental risks of onshore abandoned wells on State and private lands.</text></subsection>
<subsection id="HFE578AC9527343298BD190188598565F"><enum>(b)</enum><header>Tribal program</header><text>The Secretary of the Interior, in consultation with the Secretary of Energy, shall establish a program to provide technical assistance to facilitate efforts by Indian tribes to develop and implement practical and economical remedies for environmental problems caused by abandoned wells on Indian lands, including lands held in trust by the United States.</text></subsection>
<subsection id="H6DA3EEDA42C34277B2006853D7773862"><enum>(c)</enum><header>Program elements</header><text>So far as possible, the programs established under this section shall include—</text>
<paragraph id="H545131E50FFE49DDB36C06F8ADBB4336"><enum>(1)</enum><text>mechanisms to facilitate identification of responsible parties;</text></paragraph>
<paragraph id="H2637A7200D71478B9E9F2E63DF441625"><enum>(2)</enum><text>criteria for ranking critical sites based on factors such as other land use priorities, potential environmental harm and public visibility; and</text></paragraph>
<paragraph id="H598E2F3AB3C54B13BD6D006D00F01DD7"><enum>(3)</enum><text>information and training programs regarding best practices for remediation of different types of sites.</text></paragraph></subsection>
<subsection id="H648C0BDB1CF54DD292CC2342F4BE0022"><enum>(d)</enum><header>Authorization of appropriations</header><text>There is authorized to be appropriated to the Secretary of the Interior for activities under this section $5,000,000 for each of fiscal years 2006 through 2008.</text></subsection></section>