[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4715 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  2d Session
                                S. 4715

To amend the Outer Continental Shelf Lands Act to establish fitness to 
operate standards and decommissioning escrow accounts for offshore oil 
               and gas operators, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 2026

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

_______________________________________________________________________

                                 A BILL


 
To amend the Outer Continental Shelf Lands Act to establish fitness to 
operate standards and decommissioning escrow accounts for offshore oil 
               and gas operators, 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 ``Offshore Leasing Standards and 
Accountability Act of 2026''.

SEC. 2. FITNESS TO OPERATE STANDARDS FOR OIL AND GAS OPERATORS ON THE 
              OUTER CONTINENTAL SHELF.

    (a) In General.--The Outer Continental Shelf Lands Act (43 U.S.C. 
1331 et seq.) is amended by adding at the end the following:

``SEC. 34. FITNESS TO OPERATE STANDARDS FOR OFFSHORE OIL AND GAS 
              ACTIVITIES.

    ``(a) Requirement for Approvals.--Beginning on the date on which 
the Secretary issues or revises regulations under subsection (b)(5), 
the Secretary may not issue, extend the term of, or approve the 
transfer of a lease, easement, or right-of-way for oil or gas 
exploration, development, or production on the outer Continental Shelf 
with respect to a recipient responsible party unless the recipient 
responsible party is certified as fit to operate in accordance with 
subsection (b).
    ``(b) Certification of Fitness To Operate.--
            ``(1) In general.--The Secretary shall certify a recipient 
        responsible party as fit to operate based on--
                    ``(A) the past compliance of the recipient 
                responsible party, and any covered entity of the 
                recipient responsible party, with Federal, State, and 
                local environmental and safety laws and regulations, 
                including deadlines and requirements related to 
                environmental reclamation, decommissioning, and worker 
                safety;
                    ``(B) the financial solvency and capacity of the 
                recipient responsible party, and any covered entity of 
                the recipient responsible party, to weather market 
                shocks and fulfill current and projected 
                decommissioning liabilities; and
                    ``(C) any other criteria with respect to the 
                recipient responsible party, and any covered entity of 
                the recipient responsible party, the Secretary may 
                establish by regulation.
            ``(2) Minimum qualifications.--The Secretary may not 
        certify a recipient responsible party as fit to operate unless 
        the recipient responsible party--
                    ``(A) demonstrates, and the Secretary verifies, 
                that--
                            ``(i) the recipient responsible party, and 
                        any covered entity of the recipient responsible 
                        party, did not violate any deadline or 
                        requirement of Federal, State, or local 
                        environmental or safety laws or regulations 
                        related to environmental reclamation, 
                        decommissioning, or worker safety during the 
                        period of 10 years ending on (as applicable) 
                        the date on which the request for certification 
                        was made or the date on which the Secretary 
                        makes an assessment under paragraph (4)(B);
                            ``(ii) the recipient responsible party, and 
                        any covered entity of the recipient responsible 
                        party, are not in violation of this Act or any 
                        other Federal, State, or local environmental or 
                        safety law or regulation, including with 
                        respect to any overdue decommissioning orders 
                        for oil and gas infrastructure located on the 
                        outer Continental Shelf;
                            ``(iii) the recipient responsible party, 
                        and any covered entity of the recipient 
                        responsible party, took timely and effective 
                        corrective actions to address any worker safety 
                        incidents, oil spills, or other unauthorized 
                        pollutant discharges, and infrastructure 
                        failures or disruptions disclosed under 
                        paragraph (B)(iv);
                            ``(iv) the recipient responsible party, and 
                        any covered entity of the recipient responsible 
                        party, do not owe any rentals, royalties, or 
                        other fees for any Federal or State lease, 
                        easement, or right-of-way;
                            ``(v) a Federal or State authority did not 
                        reduce the rate for royalties on oil or gas 
                        produced under any Federal or State lease held 
                        by the recipient responsible party, or any 
                        covered entity of the recipient responsible 
                        party, during the period of 10 years ending on 
                        (as applicable) the date on which the request 
                        for certification was made or the date on which 
                        the Secretary makes an assessment under 
                        paragraph (4)(B);
                            ``(vi) the recipient responsible party, and 
                        any parent company of the recipient responsible 
                        party, possess an investment grade credit 
                        rating from a nationally recognized statistical 
                        rating organization, as such term is defined in 
                        section 3(a)(62) of the Securities Exchange Act 
                        of 1934;
                            ``(vii) the recipient responsible party, 
                        and any parent company of the recipient 
                        responsible party, have not filed a petition 
                        for bankruptcy under title 11, United States 
                        Code, during the period of 10 years ending on 
                        (as applicable) the date on which the request 
                        for certification was made or the date on which 
                        the Secretary makes an assessment under 
                        paragraph (4)(B); and
                            ``(viii) the recipient responsible party, 
                        and any covered entity of the recipient 
                        responsible party, have sufficient financial 
                        capacity to--
                                    ``(I) fulfill all current and 
                                projected decommissioning liabilities, 
                                including demonstration that the 
                                liabilities disclosed under 
                                subparagraph (B)(i)(I) are fully 
                                collateralized or otherwise financially 
                                secured;
                                    ``(II) implement and maintain up-
                                to-date risk mitigation technologies, 
                                environmental protection measures, and 
                                worker safety measures, including the 
                                use of effective blow-out preventer 
                                systems and well-control processes 
                                pursuant to the requirements specified 
                                in section 250.730 of title 30, Code of 
                                Federal Regulations (or any successor 
                                regulations); and
                                    ``(III) support a sufficient amount 
                                of staff needed for maintenance and 
                                oversight of oil and gas infrastructure 
                                on the outer Continental Shelf in 
                                accordance with environmental, health, 
                                and safety requirements; and
                    ``(B) provides to the Secretary a disclosure of--
                            ``(i) current and projected decommissioning 
                        liabilities of the recipient responsible party, 
                        and any covered entity of the recipient 
                        responsible party, related to all leases, 
                        easements, and rights-of-way administered by a 
                        Federal or State authority, including--
                                    ``(I) domestic and global oil and 
                                gas decommissioning liabilities; and
                                    ``(II) the value of decommissioning 
                                obligations relative to the proven 
                                value of oil and gas reserves of the 
                                areas subject to such leases, 
                                easements, and rights-of-way;
                            ``(ii) past results of inspections of oil 
                        and gas infrastructure operated by the 
                        recipient responsible party and any covered 
                        entity of the recipient responsible party;
                            ``(iii) the number, length of ownership, 
                        and decommissioning status of each non-
                        producing oil and gas well located on an area 
                        subject to a State or Federal oil and gas lease 
                        held by the recipient responsible party or any 
                        covered entity of the recipient responsible 
                        party; and
                            ``(iv) the number of worker safety 
                        incidents, oil spills or other unauthorized 
                        pollutant discharges, and infrastructure 
                        failures or disruptions that have occurred on 
                        areas subject to State and Federal oil and gas 
                        leases held by the recipient responsible party, 
                        or any covered entity of the recipient 
                        responsible party, during the period of 15 
                        years ending on (as applicable) the date on 
                        which the request for certification was made or 
                        the date on which the Secretary makes an 
                        assessment under paragraph (4)(B).
            ``(3) Initial request for certification.--A recipient 
        responsible party may request to be certified as fit to operate 
        pursuant to the process established by regulation under 
        paragraph (5).
            ``(4) Maintenance of certification.--
                    ``(A) Requirement.--A certification that the holder 
                of a lease, easement, or right-of-way for oil or gas 
                exploration, development, or production on the outer 
                Continental Shelf issued, extended, or transferred 
                after the date on which the Secretary issues or revises 
                regulations under paragraph (5) is fit to operate shall 
                be maintained in accordance with subparagraph (B).
                    ``(B) Annual compliance verification.--
                            ``(i) In general.--The Secretary shall 
                        annually assess whether each holder of a lease, 
                        easement, or right-of-way described in 
                        subparagraph (A) remains in compliance with 
                        standards established pursuant to paragraph 
                        (5).
                            ``(ii) Suspension of certification.--If the 
                        Secretary determines under subparagraph (A) 
                        that a holder of a lease, easement, or right-
                        of-way described in subparagraph (A) is not in 
                        compliance with the standards established 
                        pursuant to paragraph (5), the Secretary shall 
                        suspend the certification and impose one or 
                        more of the following penalties until such 
                        holder complies with such standards:
                                    ``(I) Suspend the applicable lease, 
                                easement, or right-of-way pursuant to 
                                section 5(a)(1).
                                    ``(II) Issue fines or other civil 
                                penalties.
                                    ``(III) Require supplemental 
                                financial assurance in an amount equal 
                                to the total expected cost of 
                                decommissioning.
                                    ``(IV) Issue an order to the holder 
                                of the lease, easement, or right-of-way 
                                to commence decommissioning, including 
                                a requirement that such entity develop 
                                and submit a decommissioning plan 
                                pursuant to section 250.1704 of title 
                                30, Code of Federal Regulations (or 
                                successor regulations), for approval by 
                                the Secretary, and issue a notice to 
                                any previous holders of the lease, 
                                easement, or right-of-way to commence 
                                joint and several liability 
                                proceedings.
            ``(5) Regulations.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall issue or revise 
        regulations to--
                    ``(A) establish standards which the Secretary shall 
                use to determine whether to certify a recipient 
                responsible party as fit to operate;
                    ``(B) establish a process for recipient responsible 
                parties to request such certification; and
                    ``(C) carry out any other requirements of this 
                section.
    ``(c) Report to Congress.--Not later than 1 year after the 
Secretary issues or revises regulations under subsection (b)(5), and 
annually thereafter, the Secretary shall submit to Congress a report 
that includes--
            ``(1) a summary of the most recent assessments made under 
        subsection (b)(4)(B), including a list of--
                    ``(A) each person that holds an active or inactive 
                lease, easement, or right-of-way for oil or gas 
                exploration, development, or production on the outer 
                Continental Shelf that failed to meet any of the 
                standards established pursuant to subsection (b)(5);
                    ``(B) the specific standards for which the person 
                is or was non-compliant, disaggregated by--
                            ``(i) person; and
                            ``(ii) lease, easement, and right-of-way; 
                        and
                    ``(C) enforcement actions taken by the Department 
                of the Interior against each person identified under 
                subparagraph (A);
            ``(2) decommissioning cost estimates for each lease, 
        easement, and right-of-way for oil or gas exploration, 
        development, or production on the outer Continental Shelf, as 
        calculated by the Secretary pursuant to section 5(k)(2), and 
        any modifications to such estimates since the previous report; 
        and
            ``(3) the amount of funds currently held in each 
        decommissioning escrow accounts established pursuant to section 
        5(k).
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $30,000,000 for each of fiscal years 2027 
through 2031 to carry out the requirements of this section.
    ``(e) Definitions.--In this section:
            ``(1) Covered entity.--The term `covered entity', with 
        respect to a recipient responsible party, means--
                    ``(A) any parent company of the recipient 
                responsible party;
                    ``(B) any subsidiary company of the recipient 
                responsible party;
                    ``(C) any entity that the recipient responsible 
                party enters into a contract with to construct, 
                develop, or operate a facility on the outer Continental 
                Shelf; and
                    ``(D) any entity that--
                            ``(i) shares officers, directors, or key 
                        managerial personnel with any entity specified 
                        in subparagraph (A) or (B); or
                            ``(ii) is a predecessor to any entity 
                        specified in subparagraph (A) or (B).
            ``(2) Decommissioning.--The term `decommissioning', with 
        respect to oil and gas infrastructure on the outer Continental 
        Shelf, means--
                    ``(A) ending oil and gas operations;
                    ``(B) permanently plugging all wells;
                    ``(C) monitoring the efficacy of activities to end 
                such operations, including monitoring the safety and 
                soundness of plugged wells; and
                    ``(D) returning the area subject to the lease, 
                easement, or right-of-way to a condition that meets the 
                environmental reclamation requirements of the 
                Department of the Interior and any other Federal agency 
                that has jurisdiction over such operations.
            ``(3) Parent company.--The term `parent company' means a 
        company that directly or indirectly controls another company.
            ``(4) Recipient responsible party.--The term `recipient 
        responsible party' means a person seeking the issuance, 
        extension, or transfer of a lease, easement, or right-of-way 
        for oil or gas exploration, development, or production on the 
        outer Continental Shelf.
            ``(5) Subsidiary company.--The term `subsidiary company'--
                    ``(A) means any company that is owned or controlled 
                directly or indirectly by another company; and
                    ``(B) includes any subsidiary of the company that 
                is so owned or controlled.''.
    (b) Conforming Amendment.--Section 5(b) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1334(b)) is amended by inserting ``, 
including the regulations issued or revised under section 34 relating 
to fitness to operate'' after ``regulations issued under this Act''.

SEC. 3. DECOMMISSIONING ESCROW ACCOUNTS.

    Section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334) 
is amended by adding at the end the following:
    ``(k) Escrow Account for Decommissioning Liability.--
            ``(1) In general.--The holder of an oil and gas lease 
        shall, in accordance with this subsection, make payments to an 
        interest-bearing escrow account, established and administered 
        by the Secretary, in order to fully meet the total cost of 
        decommissioning the oil and gas infrastructure located on the 
        area subject to the lease.
            ``(2) Decommissioning cost estimate.--
                    ``(A) In general.--For each oil and gas lease, the 
                Secretary, or an independent third-party entity 
                designated by the Secretary, shall calculate and 
                periodically update a probabilistic estimate of the 
                total cost of decommissioning existing and proposed oil 
                and gas infrastructure, including platforms, wells, and 
                pipelines, located on the area subject to such lease.
                    ``(B) Initial estimate.--The Secretary, or the 
                independent third-party, shall calculate an initial 
                estimate of the total costs described in subparagraph 
                (A) prior to the issuance of a new lease.
                    ``(C) Reevaluation and updates.--The Secretary, or 
                the independent third-party, shall reevaluate and, if 
                necessary, update the estimate of the total costs 
                described in subparagraph (A) at a minimum--
                            ``(i) not less frequently than once every 2 
                        years, to reflect any changes in such total 
                        costs;
                            ``(ii) prior to the approval of a 
                        development and production plan pursuant to 
                        section 25;
                            ``(iii) prior to the end of the schedule 
                        for payments established under paragraph (3); 
                        and
                            ``(iv) following the disbursal of funds 
                        from the escrow accounts for a use approved 
                        under paragraph (4).
            ``(3) Payment schedule.--
                    ``(A) In general.--The Secretary shall establish a 
                mandatory schedule for payments required by paragraph 
                (1).
                    ``(B) Deadlines to establish schedules.--
                            ``(i) New leases.--With respect to the 
                        issuance, extension, or transfer of an oil and 
                        gas lease after the date of enactment of this 
                        subsection, the Secretary shall establish the 
                        schedule for payments prior to such issuance, 
                        extension, or transfer.
                            ``(ii) Existing leases.--With respect to 
                        any lease in effect as of the date of enactment 
                        of this subsection, the Secretary shall 
                        establish the schedule for payments by not 
                        later than 1 year after such date of enactment.
                    ``(C) Minimum payments by 5 years.--Each schedule 
                of payments established under subparagraph (A) shall 
                provide that the total amount of payments made to the 
                escrow account by the date that is 5 years after the 
                schedule is established be not less than the total 
                decommissioning costs for all oil and gas 
                infrastructure located on the area of the applicable 
                lease.
                    ``(D) Initial payments.--No lease may be issued, 
                and no development and production plan may be approved 
                under section 25, unless the recipient responsible 
                party or leaseholder makes a payment to the escrow 
                account in an amount equal to the greater of--
                            ``(i) 25 percent of the average cost to 
                        decommission oil and gas infrastructure located 
                        on a typical lease at similar depths; and
                            ``(ii) 25 percent of the total 
                        decommissioning costs for all oil and gas 
                        infrastructure proposed to be installed on the 
                        area subject to the lease pursuant to the plan.
                    ``(E) Lease extensions and transfers.--
                            ``(i) Missed payments.--The Secretary may 
                        not extend the term of, or approve the transfer 
                        of, a lease if the holder of the lease owes any 
                        outstanding payments to the escrow account.
                            ``(ii) Adoption of payment schedule.--The 
                        Secretary may not approve the transfer of a 
                        lease unless the recipient responsible party 
                        agrees to adopt the schedule for payments 
                        established for the lease.
                    ``(F) Adjustments.--The Secretary shall adjust a 
                schedule for payments established under subparagraph 
                (A) to reflect any update to the applicable cost 
                estimate under paragraph (2)(C).
                    ``(G) Supplemental financial assurances.--If the 
                combined amount of the funds in an escrow account for a 
                lease and any supplemental financial assurances 
                provided by the holder of the lease exceeds the total 
                decommissioning cost estimate calculated by the 
                Secretary pursuant to paragraph (2), the Secretary 
                shall correspondingly reduce the supplemental financial 
                assurances required until the combined figure is 
                equivalent to the decommissioning cost estimate.
                    ``(H) Interest.--Any interest paid on funds in an 
                escrow account established under paragraph (1) shall 
                become part of the principal funds in the account.
                    ``(I) Amounts from joint and several liability.--
                All funds accrued from previous holders of an oil and 
                gas lease as a result of joint and several liability 
                for the purposes of decommissioning shall be deposited 
                into the corresponding escrow account.
                    ``(J) Return of remaining funds after 
                decommissioning.--After decommissioning is complete, 
                any funds remaining in an escrow account for a lease 
                established under paragraph (1) shall be returned to 
                any parties that made payments to the escrow account, 
                excluding any amounts deposited pursuant to 
                subparagraph (I), based on the proportion of the 
                payments made by the respective party.
            ``(4) Use of funds.--
                    ``(A) In general.--The holder of a lease may only 
                use funds in an escrow account established under 
                paragraph (1)--
                            ``(i) for the purposes of decommissioning 
                        the oil and gas infrastructure located on the 
                        area subject to the lease; and
                            ``(ii) if the use is approved by the 
                        Secretary.
                    ``(B) No use as collateral.--No person may commit 
                funds held in an escrow account established under 
                paragraph (1) as collateral.
            ``(5) Penalties.--If the required payments into an escrow 
        account established under paragraph (1) are delinquent by more 
        than 60 days, the Secretary shall--
                    ``(A) raise the royalty rate for the applicable 
                lease at a rate sufficient to recover the delinquent 
                amount within 6 months and deposit the recovered amount 
                into the applicable escrow account established under 
                paragraph (1); or
                    ``(B) suspend the lease, pursuant to section 
                5(a)(2), until the holder of the lease provides the 
                delinquent amount.
            ``(6) Definitions.--In this subsection, the terms 
        `decommissioning', `parent company', and `recipient responsible 
        party' have the meanings given such terms, respectively, in 
        section 34.''.

SEC. 4. RESTRICTION ON TEMPORARY ABANDONMENT OF WELLS.

    Section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334) 
is amended by adding at the end the following:
    ``(l) Restriction on Temporary Abandonment of Wells.--
            ``(1) In general.--The Secretary--
                    ``(A) may not approve the placement of an oil well 
                in temporary abandonment status for a period longer 
                than 3 years; and
                    ``(B) may only approve such placement after 
                submission and validation of an accompanying economic 
                analysis verifying the potential for temporary 
                abandonment to improve operational stability of the oil 
                well or mitigate environmental impacts of operating the 
                oil well.
            ``(2) Extension.--Notwithstanding paragraph (1)(A), the 
        Secretary may, on a one-time basis for an oil well, extend the 
        maximum period the oil well may be placed in temporary 
        abandonment status to 5 years if the Secretary determines such 
        extension is necessary to ensure operational stability or 
        environmental safety.''.
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