II 

118TH CONGRESS 

1ST SESSION S. 3496 

To amend the Energy Policy Act of 2005 to address measuring methane 

emissions, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 13, 2023 

Mr. BRAUN (for himself, Mr. CASEY, Mr. RISCH, Mr. LEE, Mr. MARSHALL, 

Mr. CRUZ, Mr. MULLIN, Mr. MORAN, Mr. CRAPO, Mr. SCHMITT, Mr. 

LANKFORD, Mr. FETTERMAN, and Mr. BROWN) 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 address 

measuring methane emissions, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Orphan Well Grant 

5 Flexibility Act of 2023’’. 

6 SEC. 2. PRE-PLUGGING METHANE EMISSIONS FOR GRANT 

7 ELIGIBILITY. 

8 Section 349 of the Energy Policy Act of 2005 (42 

9 U.S.C. 15907) is amended— 

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1 (1) in subsection (c)(2), by adding at the end 

2 the following: 

3 ‘‘(C) ACTIVITIES NOT REQUIRED.—Noth4 ing in this section requires a State to measure 

5 methane emissions or conduct other activities 

6 described in subparagraph (A), which are activi7 ties a State may conduct but is not required to 

8 conduct, as a condition of eligibility for a grant 

9 under this subsection.’’; and 

10 (2) in subsection (f)(2), in the matter preceding 

11 subparagraph (A), by inserting ‘‘, which may include 

12 estimates derived from pre-plugging or post-plugging 

13 monitoring data that States may, but are not re14 quired to, collect using funding from grants awarded 

15 under this section,’’ after ‘‘estimate’’. 

16 SEC. 3. NATIONAL ACADEMIES STUDY ON COMMUNITY IM17 PACT OF ORPHANED WELL GRANT PROGRAM. 

18 (a) STUDY.—Not later than 180 days after the date 

19 of enactment of this Act, the Secretary of the Interior 

20 shall— 

21 (1) seek to enter into an agreement with the 

22 National Academies of Sciences, Engineering, and 

23 Medicine under which the National Academies of 

24 Sciences, Engineering, and Medicine shall carry out 

25 a study on the effect of the plugging and remediVerDate Sep 11 2014 04:07 Dec 29, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3496.IS S3496
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1 ation activity conducted under section 349 of the 

2 Energy Policy Act of 2005 (42 U.S.C. 15907) on 

3 economic development, housing trends, and other po4 tential benefits (such as improvements in water 

5 quality) in areas where the plugging and remediation 

6 activity conducted under that section reclaimed a 

7 high number of sites, as determined by the National 

8 Academies of Sciences, Engineering, and Medicine; 

9 and 

10 (2) to the maximum extent practicable, provide 

11 the National Academies of Sciences, Engineering, 

12 and Medicine with information necessary to carry 

13 out the study described in paragraph (1). 

14 (b) KEY INPUTS.—The National Academies of 

15 Sciences, Engineering, and Medicine shall ensure that at 

16 least 1 State from each region of the United States 

17 (Northeast, Southwest, West, Southeast, and Midwest) 

18 shall be key inputs to the study carried out under sub19 section (a). 

20 (c) CONSULTATION.—In carrying out the study under 

21 subsection (a), the National Academies of Sciences, Engi22 neering, and Medicine shall consult with— 

23 (1) the Department of Housing and Urban De24 velopment, with respect to— 

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1 (A) how the plugging and remediation ac2 tivity conducted under section 349 of the En3 ergy Policy Act of 2005 (42 U.S.C. 15907) has 

4 affected economic development and housing 

5 trends; and 

6 (B) how data on locations of plugging and 

7 remediation priorities from the Department of 

8 the Interior may be valuable to the Department 

9 of Housing and Urban Development; 

10 (2) the Interstate Oil and Gas Compact Com11 mission, to provide data required to carry out the 

12 study under subsection (a); and 

13 (3) other Federal agencies, as determined by 

14 the Secretary of the Interior, in consultation with 

15 the National Academies of Sciences, Engineering, 

16 and Medicine. 

17 (d) REPORT.—Not later than 18 months after the 

18 date on which the last grant is awarded under section 349 

19 of the Energy Policy Act of 2005 (42 U.S.C. 15907), the 

20 National Academies of Sciences, Engineering, and Medi21 cine shall submit to Congress a report detailing the find22 ings of the study carried out under subsection (a). 

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1 (e) USE OF EXISTING FUNDS.—This section shall be 

2 carried out using amounts otherwise made available to the 

3 Secretary of the Interior. 

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