110 HR 1180 IH: Western Waters and Farm Lands Protection
U.S. House of Representatives
2007-02-16
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="H1F4E444B89F646F09F5F3E74EE07682D"><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="HB84C18C804D14DEA0071DB7449942DDB">
<subsection id="H714EF17BFCEA49FD00D3037F8EC4F42C"><enum>(p)</enum><header>Water
requirements</header>
<paragraph id="H76CBAC2D28DF4ED49C056CDA00866E51"><enum>(1)</enum><text>An operator
producing oil or gas (including coalbed methane) under a lease issued under
this Act shall—</text>
<subparagraph id="H6054C55EBE8D4F019FD651AFA09949B7"><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="H934706AFD4924B12936DC21DDAC316B2"><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="H1121AFFE83AD409381C28B78D4C73F13"><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="HEA50F361440842F6B7C96498729D94BF"><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="H92AE10461B154E779BC87377B804493D"><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="H288529FD87EB4385AB85C3BCC5E12453"><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="HAC5A66ADD0D2481C9FBD9CC8FF35D5B"><enum>102.</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="H00F782B03914466191C73799D7FDB4DD"><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="H095EC7D4EB644193B63818ECE1187289"><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="H450DC969A7F341BE969682FB9676C300"><enum>201.</enum><header>Definitions</header><text display-inline="no-display-inline">As used in this title—</text>
<paragraph id="HA43902BC54D54AC18FDF1797EA45F363"><enum>(1)</enum><text>the term
<term>Secretary</term> means the Secretary of the Interior;</text>
</paragraph><paragraph id="H4638CE770E8F4A9800AFBFA8ABE30055"><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> (30 U.S.C. 181 et
seq.) or any other law, providing for development of oil and gas resources
(including coalbed methane) owned by the United States;</text>
</paragraph><paragraph id="H2EB3FA7D20134974951ED9AC7DEEE02C"><enum>(3)</enum><text>the term
<term>lessee</term> means the holder of a lease; and</text>
</paragraph><paragraph id="H9E1315B4C4D8403C85D745C799CC112E"><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="H7BA864B532544F76B7EC45A3B960573F"><enum>202.</enum><header>Post-lease
surface use agreement</header>
<subsection id="H04FE20A3134744CCBDCD8B7E4CB1900"><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="HDE5B4A76FCAE49C98D134C29EE47E87"><enum>(b)</enum><header>Contents</header><text>The
surface use agreement shall provide for—</text>
<paragraph id="H61D28B4C5976473D94ED5B75F73BCB72"><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="HFCC2A40B176446729709CA84A0316D52"><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="H128B09E1890748299776803E9EB13830"><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="H919CBE0E1B654C5786000800A5130051"><enum>(4)</enum><text>compensation for
damages as a result of exploration and drilling operations, including but not
limited to—</text>
<subparagraph id="H0BF4E6B06B8D4251A2EED43958248D89"><enum>(A)</enum><text>loss of income and
increased costs incurred;</text>
</subparagraph><subparagraph id="H41DA5ABFF926438788CF8C7D8BFE1C4C"><enum>(B)</enum><text>damage to or
destruction of personal property, including crops, forage, and livestock;
and</text>
</subparagraph><subparagraph id="HF6A6EC3DC8D249A9BA42FF63C91BF72F"><enum>(C)</enum><text>failure to reclaim
the site in accordance with this paragraph (3).</text>
</subparagraph></paragraph></subsection><subsection id="H9C56CF75EF22482A81A4F650A3BA5F1F"><enum>(c)</enum><header>Procedure</header><paragraph commented="no" display-inline="yes-display-inline" id="HE054853860CD4430B000CD00D6BE23FF"><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 id="HCC7F5BC2213F48BDABC48550FDB79718" indent="up1"><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 id="H3E8E576C0B3648B8813842E722204675" indent="up1"><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="H1E86061E4E994F9689400952B4C2F525"><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="H709CB33439E54A7CA7B726D4738EFD4D"><enum>203.</enum><header>Authorized
exploration and drilling operations</header>
<subsection id="HC5CEF3517AE64135BD119E08B8006939"><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="HB9441DBC731E44938739B56BDA26FB4C"><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="HDEB9659987654DA58891D52C8509F6C2"><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="HC27B9C9576184F6FA9C3D2ECF696EFCD"><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="H4BF30190C47649ADA4B2FF523022217E"><enum>(b)</enum><header>Surface owner
participation</header><text>The Secretary shall provide surface estate owners
with an opportunity to—</text>
<paragraph id="HA32BE3442CCF40C7B859824019ED7007"><enum>(1)</enum><text>comment on plans
of operations in advance of a determination of compliance with this
title;</text>
</paragraph><paragraph id="H4343BDD7BFE747C89519A7003CC86B32"><enum>(2)</enum><text>participate in
bond level determinations and bond release proceedings under this
section;</text>
</paragraph><paragraph id="HFC8A6CF2663345BB99EA928681718EE9"><enum>(3)</enum><text>attend an on-site
inspection during such determinations and proceedings;</text>
</paragraph><paragraph id="H38B15B94D89940928FBD1EB7004856CB"><enum>(4)</enum><text>file written
objections to a proposed bond release; and</text>
</paragraph><paragraph id="HE5D1CC8AB6524A7899CC1400CC11E3FF"><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="H3E939AEB411A42BFBD22AC6E8108935F"><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="HCF2925242556416FA0695997CC8797C2"><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="H1BF8698AADAD49FF80412D204C5203AA"><enum>204.</enum><header>Surface owner
notification</header><text display-inline="no-display-inline">The Secretary
shall—</text>
<paragraph id="H725340E553E5498384C9C8F67FAAA478"><enum>(1)</enum><text>notify surface
estate owners in writing at least 45 days in advance of lease sales;</text>
</paragraph><paragraph id="H92B79D73ED314B3C9042005BAD0098B4"><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="HC903A16C30DD4DFEB2872C324BB26D54"><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="H5E93762B5F5F44EF8084CDC6C2D51722"><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="HB562D672C2774112928E56C8ABCDEDC4"><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> (30 U.S.C.
226) is amended by adding at the end the following:</text>
<quoted-block act-name="Mineral Leasing Act" id="HEAF8A6E156274F3EA4F19294B3C3F201">
<subsection id="HB8E0D2DCB8164C5FB4112D3C06AD7736"><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="H3E5697DE99C64815B0A4583370E412C1"><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="H5C62BCE7E98445449D192B506EC01973"><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="H099B6986CE18490E9E2847A9D684544F"><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="H5F99D8FD9CC9493DB654FADB1CA5249"><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="HE1DA81DE38264F938F27251301C8EAA6"><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="H7D324C2F22694F9CAF7138C4C52ED620"><enum>(s)</enum><header>Study by the
general accounting office</header><paragraph commented="no" display-inline="yes-display-inline" id="H09EEA5E62B1346439878AC5F211858EA"><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 id="HD10C7FB11F3A44FD93866C421B3C31E3" indent="up1"><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 id="H686374A6F1E24CA391C8DEADAE7EB6" indent="up1"><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="H532CF502CFD54D708918E300C886292C"><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="H566DEBC7E43C47FBADAFE7476539FE9D"><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="H8D526E5C0F7149418619274E32BD3B00"><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="H4C4443C2FC5D44DE8C8C61589EC823C"><enum>402.</enum><header>Federal
remediation program</header>
<subsection id="H5A9B101E92B14163B39DB1D7BDAFE509"><enum>(a)</enum><header>Establishment of
program</header><paragraph commented="no" display-inline="yes-display-inline" id="H203BAEEA998743A1BC8D94E377AFE060"><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 id="HD0FCA83484BC4CD4B676CF11E3002841" indent="up1"><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 id="HEFDBA0B94B41480C9722EABCF5BBACB" indent="up1"><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 id="HAF00486DD4D94BEC8BA3C09FEAB981A" indent="up1"><enum>(2)</enum><text>In implementing the program, the
Secretary of the Interior—</text>
<subparagraph id="H07DDBB0015CE4F619B24EA7C62784100"><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="H6A613ABE2FE44A958D4BD8112CCCED3E"><enum>(B)</enum><text>shall consult with the Secretary of
Energy and the Interstate Oil and Gas Compact Commission.</text>
</subparagraph></paragraph><paragraph id="H44709726673E44189107DD2BBBFD06C" indent="up1"><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="H3B5F14731F3C405000007DA5000984DB"><enum>(b)</enum><header>Program
elements</header><text>The program established under subsection (a)
shall—</text>
<paragraph id="H84CD6EEEB941464EBB5349282BC49400"><enum>(1)</enum><text>provide for
identification of abandoned wells to be covered by the program;</text>
</paragraph><paragraph id="H859D1D0412714F138155D925FB290BE"><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="H86DE5EAD23834949005F67FC50EB40D0"><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="H2A31AF634B864ADC88835274FDAD19B3"><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="H88481D1652C7420390A4954970FA067D"><enum>(d)</enum><header>Review and
report</header><paragraph commented="no" display-inline="yes-display-inline" id="H2E5089F70B27470884F03161ABD3897F"><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 id="H94356136F57145ABB46E3113007054F4" indent="up1"><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="H98562C860A094B1E97BD877C9CFAECB"><enum>(A)</enum><text>a report on the results of the
review;</text>
</subparagraph><subparagraph id="H6AC000E611594BDABEED6FB198D1B7C9"><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="H2D98D3A347024378AD399291476F7C67"><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="HDB23AC6859564EDFB895FFA43DAC5094"><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 2008 through 2009
to carry out this section.</text>
</subsection></section><section id="HB8949FE0AC4F467A8E262E4710824200"><enum>403.</enum><header>Assistance to
States and tribes</header>
<subsection id="H69D247A09FF1463EB2D5BA9D57CAFFFC"><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="H115DA45F9C9B4D9F002DE100AE75594F"><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="HA57F7BD3D2464D6BA50575E14405DC9B"><enum>(c)</enum><header>Program
elements</header><text>So far as possible, the programs established under this
section shall include—</text>
<paragraph id="H74AB3229CCDC4B958920D300DED20F"><enum>(1)</enum><text>mechanisms to
facilitate identification of responsible parties;</text>
</paragraph><paragraph id="H35972CFFE9A74AB78CAB5782D394D8B"><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="HD683BEFA569844508404256166C9277B"><enum>(3)</enum><text>information and
training programs regarding best practices for remediation of different types
of sites.</text>
</paragraph></subsection><subsection id="HDB4081C422484FE1BE8F4697A45DB8B2"><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 2008 through 2009.</text>
</subsection></section>