[Congressional Record Volume 161, Number 6 (Tuesday, January 13, 2015)]
[Senate]
[Pages S211-S212]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 10. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. __. FINES FOR TRESPASS AND DRILLING WITHOUT APPROVAL.

       (a) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the Bureau of Land Management.
       (2) Trespass or drilling without approval.--The term 
     ``trespass or drilling without approval'' has the meaning 
     given the term in the report of the Office of Inspector 
     General of the Department of the Interior entitled 
     ``Inspection Report--BLM Federal Onshore Oil and Gas Trespass 
     and Drilling Without Approval'' and dated September 29, 2014.
       (b) Shut Down of Wells.--
       (1) In general.--The Director shall conduct a due process 
     hearing for any owner or operator of a well who has been 
     detected as potentially committing trespass or drilling 
     without approval.
       (2) Shut down.--After providing the due process hearing 
     under paragraph (1), the Director shall shut down any well 
     the owner or operator of which has been found to have 
     intentionally committed trespass or drilling without 
     approval.
       (c) Fines; Royalty Rate Payment.--
       (1) In general.--An owner or operator of a well that has 
     been found to have committed trespass or drilling without 
     approval (intentional or unintentional) under subsection (b) 
     shall be subject to the following fines:
       (A) Monetary fine.--The owner or operator shall be fined an 
     amount equal to the cost the owner or operator incurred to 
     drill and complete the well.

[[Page S212]]

       (B) Royalty rate.--The owner or operator shall be fined an 
     amount equal to the royalty rate the owner or operator would 
     have paid to the Federal Government had the owner or operator 
     secured approval to drill the well from the Bureau of Land 
     Management.
       (2) Use of fines.--
       (A) In general.--The Director shall use 25 percent of the 
     revenues raised from the imposition of monetary fines under 
     paragraph (1)(A) to fund programs in the Bureau of Land 
     Management that increase prevention and enforcement of 
     trespass or drilling without approval on Federal land.
       (B) Monitoring and enforcement standards.--
       (i) In general.--In carrying out subparagraph (A), the 
     Director shall standardize the monitoring and enforcement 
     policies of the Bureau of Land Management, to be implemented 
     across the regional offices of the Bureau of Land Management, 
     to increase monitoring of drilling on Federal land.
       (ii) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Director shall submit to Congress 
     a report on the efforts of the Director in carrying out 
     clause (i).
       (d) Liability.--The owner or operator, including any 
     subcontractor of the owner or operator, shall be liable for 
     any claim or cause of action arising from the trespass or 
     drilling without approval.
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