II 118th CONGRESS 1st Session S. 3496 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. Short title This Act may be cited as the Orphan Well Grant Flexibility Act of 2023 . 2. Pre-plugging methane emissions for grant eligibility Section 349 of the Energy Policy Act of 2005 ( 42 U.S.C. 15907 ) is amended— (1) in subsection (c)(2), by adding at the end the following: (C) Activities not required Nothing in this section requires a State to measure methane emissions or conduct other activities described in subparagraph (A), which are activities a State may conduct but is not required to conduct, as a condition of eligibility for a grant under this subsection. ; and (2) in subsection (f)(2), in the matter preceding subparagraph (A), by inserting , which may include estimates derived from pre-plugging or post-plugging monitoring data that States may, but are not required to, collect using funding from grants awarded under this section, after estimate . 3. National Academies study on community impact of orphaned well grant program (a) Study Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall— (1) seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies of Sciences, Engineering, and Medicine shall carry out a study on the effect of the plugging and remediation activity conducted under section 349 of the Energy Policy Act of 2005 ( 42 U.S.C. 15907 ) on economic development, housing trends, and other potential benefits (such as improvements in water quality) in areas where the plugging and remediation activity conducted under that section reclaimed a high number of sites, as determined by the National Academies of Sciences, Engineering, and Medicine; and (2) to the maximum extent practicable, provide the National Academies of Sciences, Engineering, and Medicine with information necessary to carry out the study described in paragraph (1). (b) Key inputs The National Academies of Sciences, Engineering, and Medicine shall ensure that at least 1 State from each region of the United States (Northeast, Southwest, West, Southeast, and Midwest) shall be key inputs to the study carried out under subsection (a). (c) Consultation In carrying out the study under subsection (a), the National Academies of Sciences, Engineering, and Medicine shall consult with— (1) the Department of Housing and Urban Development, with respect to— (A) how the plugging and remediation activity conducted under section 349 of the Energy Policy Act of 2005 ( 42 U.S.C. 15907 ) has affected economic development and housing trends; and (B) how data on locations of plugging and remediation priorities from the Department of the Interior may be valuable to the Department of Housing and Urban Development; (2) the Interstate Oil and Gas Compact Commission, to provide data required to carry out the study under subsection (a); and (3) other Federal agencies, as determined by the Secretary of the Interior, in consultation with the National Academies of Sciences, Engineering, and Medicine. (d) Report Not later than 18 months after the date on which the last grant is awarded under section 349 of the Energy Policy Act of 2005 ( 42 U.S.C. 15907 ), the National Academies of Sciences, Engineering, and Medicine shall submit to Congress a report detailing the findings of the study carried out under subsection (a). (e) Use of existing funds This section shall be carried out using amounts otherwise made available to the Secretary of the Interior.