[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1076 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1076

To amend the Energy Policy Act of 2005 to require the Secretary of the 
    Interior to establish a program to plug, remediate, and reclaim 
 orphaned oil and gas wells and surrounding land, to provide funds to 
 State and Tribal governments to plug, remediate, and reclaim orphaned 
    oil and gas wells and surrounding land, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 12, 2021

 Mr. Lujan (for himself and Mr. Cramer) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Energy Policy Act of 2005 to require the Secretary of the 
    Interior to establish a program to plug, remediate, and reclaim 
 orphaned oil and gas wells and surrounding land, to provide funds to 
 State and Tribal governments to plug, remediate, and reclaim orphaned 
    oil and gas wells and surrounding land, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Revive Economic Growth and Reclaim 
Orphaned Wells Act of 2021'' or the ``REGROW Act of 2021''.

SEC. 2. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND RESTORATION.

    Section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907) is 
amended to read as follows:

``SEC. 349. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND RESTORATION.

    ``(a) Definitions.--In this section:
            ``(1) Federal land.--The 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 well.--The 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 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            ``(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 well.--The term `orphaned well'--
                    ``(A) with respect to Federal land or Tribal land, 
                means a well--
                            ``(i) that is not used for an authorized 
                        purpose, such as production, injection, or 
                        monitoring; and
                            ``(ii)(I) for which no operator can be 
                        located; or
                            ``(II) the operator of which is unable--
                                    ``(aa) to plug the well; and
                                    ``(bb) to remediate and reclaim the 
                                well site; 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 land.--The 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 the date 
        of enactment of the Revive Economic Growth and Reclaim Orphaned 
        Wells Act of 2021, the Secretary shall establish a program to 
        plug, remediate, and reclaim orphaned wells located on Federal 
        land.
            ``(2) Included activities.--The 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 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 wells.--The 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 consultation.--In 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 general.--The 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 general.--A State may use funding provided 
                under this subsection for any of the following 
                purposes:
                            ``(i) To plug, remediate, and reclaim 
                        orphaned wells located on State-owned or 
                        privately owned land.
                            ``(ii) To identify and characterize 
                        undocumented orphaned wells on State and 
                        private land.
                            ``(iii) To rank orphaned wells based on 
                        factors including--
                                    ``(I) public health and safety;
                                    ``(II) potential environmental 
                                harm; and
                                    ``(III) other land use priorities.
                            ``(iv) To make information regarding the 
                        use of funds received under this subsection 
                        available on a public website.
                            ``(v) To measure and track--
                                    ``(I) emissions of methane and 
                                other gases associated with orphaned 
                                wells; and
                                    ``(II) contamination of groundwater 
                                or surface water associated with 
                                orphaned wells.
                            ``(vi) To remediate soil and restore native 
                        species habitat that has been degraded due to 
                        the presence of orphaned wells and associated 
                        pipelines, facilities, and infrastructure.
                            ``(vii) To remediate land adjacent to 
                        orphaned wells and decommission or remove 
                        associated pipelines, facilities, and 
                        infrastructure.
                            ``(viii) To identify and address any 
                        disproportionate burden of adverse human health 
                        or environmental effects of orphaned wells on 
                        communities of color, low-income communities, 
                        and Tribal and indigenous communities.
                            ``(ix) Subject to subparagraph (B), to 
                        administer a program to carry out any 
                        activities described in clauses (i) through 
                        (viii).
                    ``(B) Administrative cost limitation.--
                            ``(i) In general.--Except 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) Exception.--The 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 general.--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 the date of enactment 
                        of the Revive Economic Growth and Reclaim 
                        Orphaned Wells Act of 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) Distribution.--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 expenditure.--A 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) Report.--Not 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 general.--The Secretary shall 
                        establish a formula for the distribution to 
                        each State described in clause (ii) of funds 
                        under this paragraph.
                            ``(ii) Description of states.--A State 
                        referred to in clause (i) is a State that, by 
                        not later than 45 days after the date of 
                        enactment of the Revive Economic Growth and 
                        Reclaim Orphaned Wells Act of 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) Factors.--The 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 the date 
                                        of enactment of the Revive 
                                        Economic Growth and Reclaim 
                                        Orphaned Wells Act of 2021.
                                    ``(II) The number of documented 
                                orphaned wells located in the State, 
                                and the projected cost--
                                            ``(aa) to plug or reclaim 
                                        those orphaned wells;
                                            ``(bb) to reclaim adjacent 
                                        land; and
                                            ``(cc) to decommission or 
                                        remove associated pipelines, 
                                        facilities, and infrastructure.
                            ``(iv) Publication.--Not later than 75 days 
                        after the date of enactment of this Act, the 
                        Secretary shall publish on a public website the 
                        amount that each State is eligible to receive 
                        under the formula under this subparagraph.
                    ``(B) Application.--To 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) Distribution.--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 expenditure.--A 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) Consultation.--In 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) Establishment.--The 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) Application.--To 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) Distribution.--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) Consultation.--In 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 general.--Beginning 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 provide to 
                        the State a regulatory improvement grant under 
                        this subparagraph, if the State meets, during 
                        the 10-year period ending on the date on which 
                        the State submits to the Secretary an 
                        application under subparagraph (B), 1 of the 
                        following criteria:
                                    ``(I) The State has strengthened 
                                plugging standards and procedures 
                                designed to ensure that wells located 
                                in the State are plugged in an 
                                effective manner that protects 
                                groundwater and other natural 
                                resources, public health and safety, 
                                and the environment.
                                    ``(II) The State has made 
                                improvements to State programs designed 
                                to reduce future orphaned well burdens, 
                                such as financial assurance reform, 
                                alternative funding mechanisms for 
                                orphaned well programs, and reforms to 
                                programs relating to well transfer or 
                                temporary abandonment.
                            ``(ii) Limitations.--
                                    ``(I) Number.--The 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 amount.--The 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 protections.--A 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 general.--Beginning 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 provide to 
                        the State funding, in an amount equal to the 
                        difference between--
                                    ``(I) the average annual amount 
                                expended by the State during the period 
                                of fiscal years 2010 through 2019--
                                            ``(aa) to plug, remediate, 
                                        and reclaim orphaned wells; and
                                            ``(bb) to decommission or 
                                        remove associated pipelines, 
                                        facilities, or infrastructure; 
                                        and
                                    ``(II) the amount that the State 
                                certifies to the Secretary the State 
                                will expend, during the fiscal year in 
                                which the State will receive the grant 
                                under this subparagraph--
                                            ``(aa) to plug, remediate, 
                                        and reclaim orphaned wells;
                                            ``(bb) to remediate or 
                                        reclaim adjacent land; and
                                            ``(cc) to decommission or 
                                        remove associated pipelines, 
                                        facilities, and infrastructure.
                            ``(ii) Limitations.--
                                    ``(I) Fiscal year.--The Secretary 
                                may issue to a State under this 
                                subparagraph not more than 1 grant for 
                                each fiscal year.
                                    ``(II) Total funds provided.--The 
                                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 2021 through 
                                2030.
    ``(d) Tribal Orphaned Well Site Plugging, Remediation, and 
Restoration.--
            ``(1) Establishment.--The Secretary shall establish in the 
        Bureau of Indian Affairs a program under which the Secretary 
        shall provide to Indian Tribes grants in accordance with this 
        subsection.
            ``(2) Eligible activities.--
                    ``(A) In general.--An Indian Tribe may use a grant 
                received under this subsection--
                            ``(i) to plug, remediate, or reclaim an 
                        orphaned well on Tribal land of the Indian 
                        Tribe;
                            ``(ii) to remediate soil and restore native 
                        species habitat that has been degraded due to 
                        the presence of an orphaned well or associated 
                        pipelines, facilities, or infrastructure on 
                        Tribal land;
                            ``(iii) to remediate Tribal land adjacent 
                        to orphaned wells and decommission or remove 
                        associated pipelines, facilities, and 
                        infrastructure;
                            ``(iv) to provide an online public 
                        accounting of the cost of plugging, 
                        remediation, and reclamation for each orphaned 
                        well site on Tribal land;
                            ``(v) to identify and characterize 
                        undocumented orphaned wells on Tribal land; and
                            ``(vi) to develop or administer a Tribal 
                        program to carry out any activities described 
                        in clauses (i) through (v).
                    ``(B) Administrative cost limitation.--
                            ``(i) In general.--Except 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) Exception.--The 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 consideration.--In 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) Application.--To be eligible to receive a grant under 
        this subsection, an Indian Tribe shall submit to the Secretary 
        an application that includes--
                    ``(A) a description of--
                            ``(i) the Tribal program for orphaned well 
                        plugging, remediation, and restoration, 
                        including legal authorities, processes used to 
                        identify and prioritize orphaned wells, 
                        procurement mechanisms, and other program 
                        elements demonstrating the readiness of the 
                        Indian Tribe to carry out the proposed 
                        activities, or plans to develop such a program; 
                        and
                            ``(ii) the activities to be carried out 
                        with the grant, including an identification of 
                        the estimated health, safety, habitat, and 
                        environmental benefits of plugging, 
                        remediating, or reclaiming orphaned wells and 
                        remediating or reclaiming adjacent land; and
                    ``(B) an estimate of--
                            ``(i) the number of orphaned wells that 
                        will be plugged, remediated, or reclaimed; and
                            ``(ii) the projected cost of--
                                    ``(I) plugging, remediating, or 
                                reclaiming orphaned wells;
                                    ``(II) remediating or reclaiming 
                                adjacent land; and
                                    ``(III) decommissioning or removing 
                                associated pipelines, facilities, and 
                                infrastructure.
            ``(5) Distribution.--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 expenditure.--An 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.
            ``(7) Delegation to secretary.--
                    ``(A) In general.--An Indian Tribe on the Tribal 
                land of which is located an orphaned well may submit to 
                the Secretary a request for the Secretary to administer 
                and carry out plugging, remediation, and reclamation 
                activities relating to the orphaned well on behalf of 
                the Indian Tribe.
                    ``(B) Treatment.--For the purposes of subsection 
                (b), an orphaned well with respect to which an Indian 
                Tribe of jurisdiction has submitted to the Secretary a 
                request under subparagraph (A) shall be considered to 
                be located on Federal land administered by a land 
                management agency within the Department of the 
                Interior.
    ``(e) Technical Assistance.--The 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 Congress.--Not later than 1 year after the date of 
enactment of the Revive Economic Growth and Reclaim Orphaned Wells Act 
of 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 liability.--Nothing 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 land.--Nothing in this section--
                    ``(A) relieves the Secretary of any obligation 
                under section 3 of the Act of May 11, 1938 (25 U.S.C. 
                396c; 52 Stat. 348, chapter 198), 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 absolved.--Nothing 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) Funding.--
            ``(1) In general.--Out of any funds in the Treasury not 
        otherwise appropriated, the Secretary of the Treasury shall 
        transfer the following amounts, to remain available until 
        September 30, 2030:
                    ``(A) To the Secretary--
                            ``(i) $250,000,000 to carry out the program 
                        under subsection (b);
                            ``(ii) $775,000,000 to provide grants under 
                        subsection (c)(3);
                            ``(iii) $2,000,000,000 to provide grants 
                        under subsection (c)(4);
                            ``(iv) $1,500,000,000 to provide grants 
                        under subsection (c)(5); and
                            ``(v) $150,000,000 to carry out the program 
                        under subsection (d).
                    ``(B) 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--
                            ``(i) identifying and characterizing 
                        undocumented orphaned wells; and
                            ``(ii) mitigating the environmental risks 
                        of undocumented orphaned wells.
                    ``(C) To the Interstate Oil and Gas Compact 
                Commission, $2,000,000 to carry out this section.
            ``(2) Receipt and acceptance.--The Secretary, the Secretary 
        of Energy, and the Interstate Oil and Gas Compact Commission 
        shall be entitled to receive, shall accept, and shall use to 
        carry out this section the funds transferred under 
        subparagraphs (A), (B), and (C), respectively, of paragraph 
        (1), without further appropriation.''.
                                 <all>