I 

117TH CONGRESS 

1ST SESSION H. R. 3585 

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 HOUSE OF REPRESENTATIVES 

MAY 28, 2021 

Mrs. FLETCHER (for herself and Mr. ARMSTRONG) introduced the following 

bill; which was referred to the Committee on 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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Revive Economic 

3 Growth and Reclaim Orphaned Wells Act of 2021’’ or the 

4 ‘‘REGROW Act of 2021’’. 

5 SEC. 2. ORPHANED WELL SITE PLUGGING, REMEDIATION, 

6 AND RESTORATION. 

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

8 U.S.C. 15907) is amended to read as follows: 

9 ‘‘SEC. 349. ORPHANED WELL SITE PLUGGING, REMEDI10 ATION, AND RESTORATION. 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) FEDERAL LAND.—The term ‘Federal land’ 

13 means land administered by a land management 

14 agency within— 

15 ‘‘(A) the Department of Agriculture; or 

16 ‘‘(B) the Department of the Interior. 

17 ‘‘(2) IDLED WELL.—The term ‘idled well’ 

18 means a well— 

19 ‘‘(A) that has been nonoperational for not 

20 fewer than 4 years; and 

21 ‘‘(B) for which there is no anticipated ben22 eficial future use. 

23 ‘‘(3) INDIAN TRIBE.—The term ‘Indian Tribe’ 

24 has the meaning given the term in section 4 of the 

25 Indian Self-Determination and Education Assistance 

26 Act (25 U.S.C. 5304). 


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1 ‘‘(4) OPERATOR.—The term ‘operator’, with re2 spect to an oil or gas operation, means any entity, 

3 including a lessee or operating rights owner, that 

4 has provided to a relevant authority a written state5 ment that the entity is responsible for the oil or gas 

6 operation, or any portion of the operation. 

7 ‘‘(5) ORPHANED WELL.—The term ‘orphaned 

8 well’— 

9 ‘‘(A) with respect to Federal land or Tribal 

10 land, means a well— 

11 ‘‘(i) that is not used for an authorized 

12 purpose, such as production, injection, or 

13 monitoring; and 

14 ‘‘(ii)(I) for which no operator can be 

15 located; or 

16 ‘‘(II) the operator of which is un17 able— 

18 ‘‘(aa) to plug the well; and 

19 ‘‘(bb) to remediate and reclaim 

20 the well site; and 

21 ‘‘(B) with respect to State or private 

22 land— 

23 ‘‘(i) has the meaning given the term 

24 by the applicable State; or 


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1 ‘‘(ii) if that State uses different termi2 nology, has the meaning given another 

3 term used by the State to describe a well 

4 eligible for plugging, remediation, and rec5 lamation by the State. 

6 ‘‘(6) TRIBAL LAND.—The term ‘Tribal land’ 

7 means any land or interest in land owned by an In8 dian Tribe, the title to which is— 

9 ‘‘(A) held in trust by the United States; or 

10 ‘‘(B) subject to a restriction against alien11 ation under Federal law. 

12 ‘‘(b) FEDERAL PROGRAM.— 

13 ‘‘(1) ESTABLISHMENT.—Not later than 60 days 

14 after the date of enactment of the Revive Economic 

15 Growth and Reclaim Orphaned Wells Act of 2021, 

16 the Secretary shall establish a program to plug, re17 mediate, and reclaim orphaned wells located on Fed18 eral land. 

19 ‘‘(2) INCLUDED ACTIVITIES.—The program 

20 under this subsection shall— 

21 ‘‘(A) include a method of— 

22 ‘‘(i) identifying, characterizing, and 

23 inventorying orphaned wells and associated 

24 pipelines, facilities, and infrastructure on 

25 Federal land; and 


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1 ‘‘(ii) ranking those orphaned wells for 

2 priority in plugging, remediation, and rec3 lamation, based on— 

4 ‘‘(I) public health and safety; 

5 ‘‘(II) potential environmental 

6 harm; and 

7 ‘‘(III) other subsurface impacts 

8 or land use priorities; 

9 ‘‘(B) distribute funding in accordance with 

10 the priorities established under subparagraph 

11 (A)(ii) for— 

12 ‘‘(i) plugging orphaned wells; 

13 ‘‘(ii) remediating and reclaiming well 

14 pads and facilities associated with or15 phaned wells; 

16 ‘‘(iii) remediating soil and restoring 

17 native species habitat that has been de18 graded due to the presence of orphaned 

19 wells and associated pipelines, facilities, 

20 and infrastructure; and 

21 ‘‘(iv) remediating land adjacent to or22 phaned wells and decommissioning or re23 moving associated pipelines, facilities, and 

24 infrastructure; 


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1 ‘‘(C) provide a public accounting of the 

2 costs of plugging, remediation, and reclamation 

3 for each orphaned well; 

4 ‘‘(D) seek to determine the identities of po5 tentially responsible parties associated with the 

6 orphaned well (or a surety or guarantor of such 

7 a party), to the extent such information can be 

8 ascertained, and make efforts to obtain reim9 bursement for expenditures to the extent prac10 ticable; 

11 ‘‘(E) measure and track— 

12 ‘‘(i) emissions of methane and other 

13 gases associated with orphaned wells; and 

14 ‘‘(ii) contamination of groundwater or 

15 surface water associated with orphaned 

16 wells; and 

17 ‘‘(F) identify and address any dispropor18 tionate burden of adverse human health or envi19 ronmental effects of orphaned wells on commu20 nities of color, low-income communities, and 

21 Tribal and indigenous communities. 

22 ‘‘(3) IDLED WELLS.—The Secretary, acting 

23 through the Director of the Bureau of Land Man24 agement, shall— 


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1 ‘‘(A) periodically review all idled wells on 

2 Federal land; and 

3 ‘‘(B) reduce the inventory of idled wells on 

4 Federal land. 

5 ‘‘(4) COOPERATION AND CONSULTATION.—In 

6 carrying out the program under this subsection, the 

7 Secretary shall— 

8 ‘‘(A) work cooperatively with— 

9 ‘‘(i) the Secretary of Agriculture; 

10 ‘‘(ii) affected Indian Tribes; and 

11 ‘‘(iii) each State within which Federal 

12 land is located; and 

13 ‘‘(B) consult with— 

14 ‘‘(i) the Secretary of Energy; and 

15 ‘‘(ii) the Interstate Oil and Gas Com16 pact Commission. 

17 ‘‘(c) FUNDING FOR STATE PROGRAMS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall provide 

19 to States, in accordance with this subsection— 

20 ‘‘(A) initial grants under paragraph (3); 

21 ‘‘(B) formula grants under paragraph (4); 

22 and 

23 ‘‘(C) performance grants under paragraph 

24 (5). 

25 ‘‘(2) ACTIVITIES.— 


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1 ‘‘(A) IN GENERAL.—A State may use 

2 funding provided under this subsection for any 

3 of the following purposes: 

4 ‘‘(i) To plug, remediate, and reclaim 

5 orphaned wells located on State-owned or 

6 privately owned land. 

7 ‘‘(ii) To identify and characterize un8 documented orphaned wells on State and 

9 private land. 

10 ‘‘(iii) To rank orphaned wells based 

11 on factors including— 

12 ‘‘(I) public health and safety; 

13 ‘‘(II) potential environmental 

14 harm; and 

15 ‘‘(III) other land use priorities. 

16 ‘‘(iv) To make information regarding 

17 the use of funds received under this sub18 section available on a public website. 

19 ‘‘(v) To measure and track— 

20 ‘‘(I) emissions of methane and 

21 other gases associated with orphaned 

22 wells; and 

23 ‘‘(II) contamination of ground24 water or surface water associated with 

25 orphaned wells. 


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1 ‘‘(vi) To remediate soil and restore 

2 native species habitat that has been de3 graded due to the presence of orphaned 

4 wells and associated pipelines, facilities, 

5 and infrastructure. 

6 ‘‘(vii) To remediate land adjacent to 

7 orphaned wells and decommission or re8 move associated pipelines, facilities, and in9 frastructure. 

10 ‘‘(viii) To identify and address any 

11 disproportionate burden of adverse human 

12 health or environmental effects of or13 phaned wells on communities of color, low14 income communities, and Tribal and indig15 enous communities. 

16 ‘‘(ix) Subject to subparagraph (B), to 

17 administer a program to carry out any ac18 tivities described in clauses (i) through 

19 (viii). 

20 ‘‘(B) ADMINISTRATIVE COST LIMITA21 TION.— 

22 ‘‘(i) IN GENERAL.—Except as pro23 vided in clause (ii), a State shall not use 

24 more than 10 percent of the funds received 

25 under this subsection during a fiscal year 


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1 for administrative costs under subpara2 graph (A)(ix). 

3 ‘‘(ii) EXCEPTION.—The limitation 

4 under clause (i) shall not apply to funds 

5 used by a State as described in paragraph 

6 (3)(A)(ii). 

7 ‘‘(3) INITIAL GRANTS.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall 

9 distribute— 

10 ‘‘(i) not more than $25,000,000 to 

11 each State that submits to the Secretary, 

12 by not later than 180 days after the date 

13 of enactment of the Revive Economic 

14 Growth and Reclaim Orphaned Wells Act 

15 of 2021, a request for funding under this 

16 clause, including— 

17 ‘‘(I) an estimate of the number 

18 of jobs that will be created or saved 

19 through the activities proposed to be 

20 funded; and 

21 ‘‘(II) a certification that— 

22 ‘‘(aa) the State is a Member 

23 State or Associate Member State 

24 of the Interstate Oil and Gas 

25 Compact Commission; 


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1 ‘‘(bb) there are 1 or more 

2 documented orphaned wells lo3 cated in the State; and 

4 ‘‘(cc) the State will use not 

5 less than 90 percent of the fund6 ing requested under this sub7 section to issue new contracts, 

8 amend existing contracts, or 

9 issue grants for plugging, remedi10 ation, and reclamation work by 

11 not later than 90 days after the 

12 date of receipt of the funds; and 

13 ‘‘(ii) not more than $5,000,000 to 

14 each State that— 

15 ‘‘(I) requests funding under this 

16 clause; 

17 ‘‘(II) does not receive a grant 

18 under clause (i); and 

19 ‘‘(III) certifies to the Secretary 

20 that— 

21 ‘‘(aa) the State— 

22 ‘‘(AA) has in effect a 

23 plugging, remediation, and 

24 reclamation program for or25 phaned wells; or 


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1 ‘‘(BB) the capacity to 

2 initiate such a program; or 

3 ‘‘(bb) the funds provided 

4 under this paragraph will be used 

5 to carry out any administrative 

6 actions necessary to develop an 

7 application for a formula grant 

8 under paragraph (4) or a per9 formance grant under paragraph 

10 (5). 

11 ‘‘(B) DISTRIBUTION.—The Secretary shall 

12 distribute funds to a State under this para13 graph by not later than the date that is 30 days 

14 after the date on which the State submits to 

15 the Secretary the certification required under 

16 clause (i)(II) or (ii)(III) of subparagraph (A), 

17 as applicable. 

18 ‘‘(C) DEADLINE FOR EXPENDITURE.—A 

19 State that receives funds under this paragraph 

20 shall reimburse the Secretary in an amount 

21 equal to the amount of the funds that remain 

22 unobligated on the date that is 1 year after the 

23 date of receipt of the funds. 

24 ‘‘(D) REPORT.—Not later than 15 months 

25 after the date on which a State receives funds 


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1 under this paragraph, the State shall submit to 

2 the Secretary a report that describes the means 

3 by which the State used the funds in accord4 ance with the certification submitted by the 

5 State under subparagraph (A). 

6 ‘‘(4) FORMULA GRANTS.— 

7 ‘‘(A) ESTABLISHMENT.— 

8 ‘‘(i) IN GENERAL.—The Secretary 

9 shall establish a formula for the distribu10 tion to each State described in clause (ii) 

11 of funds under this paragraph. 

12 ‘‘(ii) DESCRIPTION OF STATES.—A 

13 State referred to in clause (i) is a State 

14 that, by not later than 45 days after the 

15 date of enactment of the Revive Economic 

16 Growth and Reclaim Orphaned Wells Act 

17 of 2021, submits to the Secretary a notice 

18 of the intent of the State to submit an ap19 plication under subparagraph (B), includ20 ing a description of the factors described in 

21 clause (iii) with respect to the State. 

22 ‘‘(iii) FACTORS.—The formula estab23 lished under clause (i) shall account for, 

24 with respect to an applicant State, the fol25 lowing factors: 


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1 ‘‘(I) Job losses in the oil and gas 

2 industry in the State during the pe3 riod— 

4 ‘‘(aa) beginning on March 1, 

5 2020; and 

6 ‘‘(bb) ending on the date of 

7 enactment of the Revive Eco8 nomic Growth and Reclaim Or9 phaned Wells Act of 2021. 

10 ‘‘(II) The number of documented 

11 orphaned wells located in the State, 

12 and the projected cost— 

13 ‘‘(aa) to plug or reclaim 

14 those orphaned wells; 

15 ‘‘(bb) to reclaim adjacent 

16 land; and 

17 ‘‘(cc) to decommission or re18 move associated pipelines, facili19 ties, and infrastructure. 

20 ‘‘(iv) PUBLICATION.—Not later than 

21 75 days after the date of enactment of this 

22 Act, the Secretary shall publish on a public 

23 website the amount that each State is eli24 gible to receive under the formula under 

25 this subparagraph. 


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1 ‘‘(B) APPLICATION.—To be eligible to re2 ceive a formula grant under this paragraph, a 

3 State shall submit to the Secretary an applica4 tion that includes— 

5 ‘‘(i) a description of— 

6 ‘‘(I) the State program for or7 phaned well plugging, remediation, 

8 and restoration, including legal au9 thorities, processes used to identify 

10 and prioritize orphaned wells, procure11 ment mechanisms, and other program 

12 elements demonstrating the readiness 

13 of the State to carry out proposed ac14 tivities using the grant; 

15 ‘‘(II) the activities to be carried 

16 out with the grant, including an iden17 tification of the estimated health, 

18 safety, habitat, and environmental 

19 benefits of plugging, remediating, or 

20 reclaiming orphaned wells; and 

21 ‘‘(III) the means by which the in22 formation regarding the activities of 

23 the State under this paragraph will be 

24 made available on a public website; 

25 ‘‘(ii) an estimate of— 


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1 ‘‘(I) the number of orphaned 

2 wells in the State that will be plugged, 

3 remediated, or reclaimed; 

4 ‘‘(II) the projected cost of— 

5 ‘‘(aa) plugging, remediating, 

6 or reclaiming orphaned wells; 

7 ‘‘(bb) remediating or re8 claiming adjacent land; and 

9 ‘‘(cc) decommissioning or re10 moving associated pipelines, fa11 cilities, and infrastructure; 

12 ‘‘(III) the amount of that pro13 jected cost that will be offset by the 

14 forfeiture of financial assurance in15 struments, the estimated salvage of 

16 well site equipment, or other proceeds 

17 from the orphaned wells and adjacent 

18 land; 

19 ‘‘(IV) the number of jobs that 

20 will be created or saved through the 

21 activities to be funded under this 

22 paragraph; and 

23 ‘‘(V) the amount of funds to be 

24 spent on administrative costs; 


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1 ‘‘(iii) a certification that any financial 

2 assurance instruments available to cover 

3 plugging, remediation, or reclamation costs 

4 will be used by the State; and 

5 ‘‘(iv) the definitions and processes 

6 used by the State to formally identify a 

7 well as— 

8 ‘‘(I) an orphaned well; or 

9 ‘‘(II) if the State uses different 

10 terminology, otherwise eligible for 

11 plugging, remediation, and reclama12 tion by the State. 

13 ‘‘(C) DISTRIBUTION.—The Secretary shall 

14 distribute funds to a State under this para15 graph by not later than the date that is 60 days 

16 after the date on which the State submits to 

17 the Secretary a completed application under 

18 subparagraph (B). 

19 ‘‘(D) DEADLINE FOR EXPENDITURE.—A 

20 State that receives funds under this paragraph 

21 shall reimburse the Secretary in an amount 

22 equal to the amount of the funds that remain 

23 unobligated on the date that is 5 years after the 

24 date of receipt of the funds. 


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1 ‘‘(E) CONSULTATION.—In making a deter2 mination under this paragraph regarding the 

3 eligibility of a State to receive a formula grant, 

4 the Secretary shall consult with— 

5 ‘‘(i) the Administrator of the Environ6 mental Protection Agency; 

7 ‘‘(ii) the Secretary of Energy; and 

8 ‘‘(iii) the Interstate Oil and Gas Com9 pact Commission. 

10 ‘‘(5) PERFORMANCE GRANTS.— 

11 ‘‘(A) ESTABLISHMENT.—The Secretary 

12 shall provide to States, in accordance with this 

13 paragraph— 

14 ‘‘(i) regulatory improvement grants 

15 under subparagraph (E); and 

16 ‘‘(ii) matching grants under subpara17 graph (F). 

18 ‘‘(B) APPLICATION.—To be eligible to re19 ceive a grant under this paragraph, a State 

20 shall submit to the Secretary an application in21 cluding— 

22 ‘‘(i) each element described in an ap23 plication for a grant under paragraph 

24 (4)(B); 


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1 ‘‘(ii) activities carried out by the State 

2 to address orphaned wells located in the 

3 State, including— 

4 ‘‘(I) increasing State spending on 

5 well plugging, remediation, and rec6 lamation; or 

7 ‘‘(II) improving regulation of oil 

8 and gas wells; and 

9 ‘‘(iii) the means by which the State 

10 will use funds provided under this para11 graph— 

12 ‘‘(I) to lower unemployment in 

13 the State; and 

14 ‘‘(II) to improve economic condi15 tions in economically distressed areas 

16 of the State. 

17 ‘‘(C) DISTRIBUTION.—The Secretary shall 

18 distribute funds to a State under this para19 graph by not later than the date that is 60 days 

20 after the date on which the State submits to 

21 the Secretary a completed application under 

22 subparagraph (B). 

23 ‘‘(D) CONSULTATION.—In making a deter24 mination under this paragraph regarding the 

25 eligibility of a State to receive a grant under 


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1 subparagraph (E) or (F), the Secretary shall 

2 consult with— 

3 ‘‘(i) the Administrator of the Environ4 mental Protection Agency; 

5 ‘‘(ii) the Secretary of Energy; and 

6 ‘‘(iii) the Interstate Oil and Gas Com7 pact Commission. 

8 ‘‘(E) REGULATORY IMPROVEMENT

9 GRANTS.— 

10 ‘‘(i) IN GENERAL.—Beginning on the 

11 date that is 180 days after the date on 

12 which an initial grant is provided to a 

13 State under paragraph (3), the Secretary 

14 shall provide to the State a regulatory im15 provement grant under this subparagraph, 

16 if the State meets, during the 10-year pe17 riod ending on the date on which the State 

18 submits to the Secretary an application 

19 under subparagraph (B), one of the fol20 lowing criteria: 

21 ‘‘(I) The State has strengthened 

22 plugging standards and procedures 

23 designed to ensure that wells located 

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1 water and other natural resources, 

2 public health and safety, and the envi3 ronment. 

4 ‘‘(II) The State has made im5 provements to State programs de6 signed to reduce future orphaned well 

7 burdens, such as financial assurance 

8 reform, alternative funding mecha9 nisms for orphaned well programs, 

10 and reforms to programs relating to 

11 well transfer or temporary abandon12 ment. 

13 ‘‘(ii) LIMITATIONS.— 

14 ‘‘(I) NUMBER.—The Secretary 

15 may issue to a State under this sub16 paragraph not more than 1 grant for 

17 each criterion described in subclause 

18 (I) or (II) of clause (i). 

19 ‘‘(II) MAXIMUM AMOUNT.—The 

20 amount of a single grant provided to 

21 a State under this subparagraph shall 

22 be not more than $20,000,000. 

23 ‘‘(iii) REIMBURSEMENT FOR FAILURE

24 TO MAINTAIN PROTECTIONS.—A State that 

25 receives a grant under this subparagraph 


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1 shall reimburse the Secretary in an 

2 amount equal to the amount of the grant 

3 in any case in which, during the 10-year 

4 period beginning on the date of receipt of 

5 the grant, the State enacts a law or regula6 tion that, if in effect on the date of sub7 mission of the application under subpara8 graph (B), would have prevented the State 

9 from being eligible to receive the grant 

10 under clause (i). 

11 ‘‘(F) MATCHING GRANTS.— 

12 ‘‘(i) IN GENERAL.—Beginning on the 

13 date that is 180 days after the date on 

14 which an initial grant is provided to a 

15 State under paragraph (3), the Secretary 

16 shall provide to the State funding, in an 

17 amount equal to the difference between— 

18 ‘‘(I) the average annual amount 

19 expended by the State during the pe20 riod of fiscal years 2010 through 

21 2019— 

22 ‘‘(aa) to plug, remediate, 

23 and reclaim orphaned wells; and 


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1 ‘‘(bb) to decommission or re2 move associated pipelines, facili3 ties, or infrastructure; and 

4 ‘‘(II) the amount that the State 

5 certifies to the Secretary the State 

6 will expend, during the fiscal year in 

7 which the State will receive the grant 

8 under this subparagraph— 

9 ‘‘(aa) to plug, remediate, 

10 and reclaim orphaned wells; 

11 ‘‘(bb) to remediate or re12 claim adjacent land; and 

13 ‘‘(cc) to decommission or re14 move associated pipelines, facili15 ties, and infrastructure. 

16 ‘‘(ii) LIMITATIONS.— 

17 ‘‘(I) FISCAL YEAR.—The Sec18 retary may issue to a State under this 

19 subparagraph not more than 1 grant 

20 for each fiscal year. 

21 ‘‘(II) TOTAL FUNDS PRO22 VIDED.—The Secretary may provide 

23 to a State under this subparagraph a 

24 total amount equal to not more than 


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1 $30,000,000 during the period of fis2 cal years 2021 through 2030. 

3 ‘‘(d) TRIBAL ORPHANED WELL SITE PLUGGING, RE4 MEDIATION, AND RESTORATION.— 

5 ‘‘(1) ESTABLISHMENT.—The Secretary shall es6 tablish in the Bureau of Indian Affairs a program 

7 under which the Secretary shall provide to Indian 

8 Tribes grants in accordance with this subsection. 

9 ‘‘(2) ELIGIBLE ACTIVITIES.— 

10 ‘‘(A) IN GENERAL.—An Indian Tribe may 

11 use a grant received under this subsection— 

12 ‘‘(i) to plug, remediate, or reclaim an 

13 orphaned well on Tribal land of the Indian 

14 Tribe; 

15 ‘‘(ii) to remediate soil and restore na16 tive species habitat that has been degraded 

17 due to the presence of an orphaned well or 

18 associated pipelines, facilities, or infra19 structure on Tribal land; 

20 ‘‘(iii) to remediate Tribal land adja21 cent to orphaned wells and decommission 

22 or remove associated pipelines, facilities, 

23 and infrastructure; 

24 ‘‘(iv) to provide an online public ac25 counting of the cost of plugging, remediVerDate Sep 11 2014 05:27 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3585.IH H3585

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1 ation, and reclamation for each orphaned 

2 well site on Tribal land; 

3 ‘‘(v) to identify and characterize un4 documented orphaned wells on Tribal land; 

5 and 

6 ‘‘(vi) to develop or administer a Tribal 

7 program to carry out any activities de8 scribed in clauses (i) through (v). 

9 ‘‘(B) ADMINISTRATIVE COST LIMITA10 TION.— 

11 ‘‘(i) IN GENERAL.—Except as pro12 vided in clause (ii), an Indian Tribe shall 

13 not use more than 10 percent of the funds 

14 received under this subsection during a fis15 cal year for administrative costs under 

16 subparagraph (A)(vi). 

17 ‘‘(ii) EXCEPTION.—The limitation 

18 under clause (i) shall not apply to any 

19 funds used to carry out an administrative 

20 action necessary for the development of a 

21 Tribal program described in subparagraph 

22 (A)(vi). 

23 ‘‘(3) FACTORS FOR CONSIDERATION.—In deter24 mining whether to provide to an Indian Tribe a 


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1 grant under this subsection, the Secretary shall take 

2 into consideration— 

3 ‘‘(A) the unemployment rate of the Indian 

4 Tribe on the date on which the Indian Tribe 

5 submits an application under paragraph (4); 

6 and 

7 ‘‘(B) the estimated number of orphaned 

8 wells on the Tribal land of the Indian Tribe. 

9 ‘‘(4) APPLICATION.—To be eligible to receive a 

10 grant under this subsection, an Indian Tribe shall 

11 submit to the Secretary an application that in12 cludes— 

13 ‘‘(A) a description of— 

14 ‘‘(i) the Tribal program for orphaned 

15 well plugging, remediation, and restora16 tion, including legal authorities, processes 

17 used to identify and prioritize orphaned 

18 wells, procurement mechanisms, and other 

19 program elements demonstrating the readi20 ness of the Indian Tribe to carry out the 

21 proposed activities, or plans to develop 

22 such a program; and 

23 ‘‘(ii) the activities to be carried out 

24 with the grant, including an identification 

25 of the estimated health, safety, habitat, 


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1 and environmental benefits of plugging, re2 mediating, or reclaiming orphaned wells 

3 and remediating or reclaiming adjacent 

4 land; and 

5 ‘‘(B) an estimate of— 

6 ‘‘(i) the number of orphaned wells 

7 that will be plugged, remediated, or re8 claimed; and 

9 ‘‘(ii) the projected cost of— 

10 ‘‘(I) plugging, remediating, or re11 claiming orphaned wells; 

12 ‘‘(II) remediating or reclaiming 

13 adjacent land; and 

14 ‘‘(III) decommissioning or remov15 ing associated pipelines, facilities, and 

16 infrastructure. 

17 ‘‘(5) DISTRIBUTION.—The Secretary shall dis18 tribute funds to an Indian Tribe under this sub19 section by not later than the date that is 60 days 

20 after the date on which the Indian Tribe submits to 

21 the Secretary a completed application under para22 graph (4). 

23 ‘‘(6) DEADLINE FOR EXPENDITURE.—An In24 dian Tribe that receives funds under this subsection 

25 shall reimburse the Secretary in an amount equal to 


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1 the amount of the funds that remain unobligated on 

2 the date that is 5 years after the date of receipt of 

3 the funds. 

4 ‘‘(7) DELEGATION TO SECRETARY.— 

5 ‘‘(A) IN GENERAL.—An Indian Tribe on 

6 the Tribal land of which is located an orphaned 

7 well may submit to the Secretary a request for 

8 the Secretary to administer and carry out plug9 ging, remediation, and reclamation activities re10 lating to the orphaned well on behalf of the In11 dian Tribe. 

12 ‘‘(B) TREATMENT.—For the purposes of 

13 subsection (b), an orphaned well with respect to 

14 which an Indian Tribe of jurisdiction has sub15 mitted to the Secretary a request under sub16 paragraph (A) shall be considered to be located 

17 on Federal land administered by a land man18 agement agency within the Department of the 

19 Interior. 

20 ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary of 

21 Energy, in cooperation with the Secretary and the Inter22 state Oil and Gas Compact Commission, shall provide 

23 technical assistance to the Federal land management 

24 agencies and oil and gas producing States and Indian 

25 Tribes to support practical and economical remedies for 


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1 environmental problems caused by orphaned wells on Fed2 eral land, Tribal land, and State and private land, includ3 ing the sharing of best practices in the management of 

4 oil and gas well inventories to ensure the availability of 

5 funds to plug, remediate, and restore oil and gas well sites 

6 on cessation of operation. 

7 ‘‘(f) REPORT TO CONGRESS.—Not later than 1 year 

8 after the date of enactment of the Revive Economic 

9 Growth and Reclaim Orphaned Wells Act of 2021, and 

10 not less frequently than annually thereafter, the Secretary 

11 shall submit to the Committees on Appropriations and En12 ergy and Natural Resources of the Senate and the Com13 mittees on Appropriations and Natural Resources of the 

14 House of Representatives a report describing the program 

15 established and grants awarded under this section, includ16 ing— 

17 ‘‘(1) an updated inventory of wells located on 

18 Federal land, Tribal land, and State and private 

19 land that are— 

20 ‘‘(A) orphaned wells; or 

21 ‘‘(B) at risk of becoming orphaned wells; 

22 ‘‘(2) an estimate of the quantities of— 

23 ‘‘(A) methane and other gasses emitted 

24 from orphaned wells; and 


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1 ‘‘(B) emissions reduced as a result of plug2 ging, remediating, and reclaiming orphaned 

3 wells; 

4 ‘‘(3) the number of jobs created and saved 

5 through the plugging, remediation, and reclamation 

6 of orphaned wells; and 

7 ‘‘(4) the acreage of habitat restored using 

8 grants awarded to plug, remediate, and reclaim or9 phaned wells and to remediate or reclaim adjacent 

10 land, together with a description of the purposes for 

11 which that land is likely to be used in the future. 

12 ‘‘(g) EFFECT OF SECTION.— 

13 ‘‘(1) NO EXPANSION OF LIABILITY.—Nothing in 

14 this section establishes or expands the responsibility 

15 or liability of any entity with respect to— 

16 ‘‘(A) plugging any well; or 

17 ‘‘(B) remediating or reclaiming any well 

18 site. 

19 ‘‘(2) TRIBAL LAND.—Nothing in this section— 

20 ‘‘(A) relieves the Secretary of any obliga21 tion under section 3 of the Act of May 11, 1938 

22 (25 U.S.C. 396c; 52 Stat. 348, chapter 198), to 

23 plug, remediate, or reclaim an orphaned well lo24 cated on Tribal land; or 


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1 ‘‘(B) absolves the United States from a re2 sponsibility to plug, remediate, or reclaim an 

3 orphaned well located on Tribal land or any 

4 other responsibility to an Indian Tribe, includ5 ing any responsibility that derives from— 

6 ‘‘(i) the trust relationship between the 

7 United States and Indian Tribes; 

8 ‘‘(ii) any treaty, law, or Executive 

9 order; or 

10 ‘‘(iii) any agreement between the 

11 United States and an Indian Tribe. 

12 ‘‘(3) OWNER OR OPERATOR NOT ABSOLVED.— 

13 Nothing in this section absolves the owner or oper14 ator of an oil or gas well of any potential liability 

15 for— 

16 ‘‘(A) reimbursement of any plugging or 

17 reclamation costs associated with the well; or 

18 ‘‘(B) any adverse effect of the well on the 

19 environment. 

20 ‘‘(h) FUNDING.— 

21 ‘‘(1) IN GENERAL.—Out of any funds in the 

22 Treasury not otherwise appropriated, the Secretary 

23 of the Treasury shall transfer the following amounts, 

24 to remain available until September 30, 2030: 

25 ‘‘(A) To the Secretary— 


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1 ‘‘(i) $250,000,000 to carry out the 

2 program under subsection (b); 

3 ‘‘(ii) $775,000,000 to provide grants 

4 under subsection (c)(3); 

5 ‘‘(iii) $2,000,000,000 to provide 

6 grants under subsection (c)(4); 

7 ‘‘(iv) $1,500,000,000 to provide 

8 grants under subsection (c)(5); and 

9 ‘‘(v) $150,000,000 to carry out the 

10 program under subsection (d). 

11 ‘‘(B) To the Secretary of Energy, 

12 $30,000,000 to conduct research and develop13 ment activities in cooperation with the Inter14 state Oil and Gas Compact Commission to as15 sist the Federal land management agencies, 

16 States, and Indian Tribes in— 

17 ‘‘(i) identifying and characterizing un18 documented orphaned wells; and 

19 ‘‘(ii) mitigating the environmental 

20 risks of undocumented orphaned wells. 

21 ‘‘(C) To the Interstate Oil and Gas Com22 pact Commission, $2,000,000 to carry out this 

23 section. 

24 ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec25 retary, the Secretary of Energy, and the Interstate 


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1 Oil and Gas Compact Commission shall be entitled 

2 to receive, shall accept, and shall use to carry out 

3 this section the funds transferred under subpara4 graphs (A), (B), and (C), respectively, of paragraph 

5 (1), without further appropriation.’’. 

Æ 


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