Union Calendar No. 453
117th CONGRESS 2d Session |
[Report No. 117–629]
To amend the Mineral Leasing Act to make certain adjustments to the regulation of surface-disturbing activities and to protect taxpayers from unduly bearing the reclamation costs of oil and gas development, and for other purposes.
March 2, 2021
Mr. Lowenthal (for himself, Mr. Grijalva, Mr. Levin of California, Mr. Cartwright, Ms. Lee of California, Ms. Barragán, and Mr. Huffman) introduced the following bill; which was referred to the Committee on Natural Resources
December 14, 2022
Additional sponsors: Mr. Blumenauer, Ms. DeGette, Ms. McCollum, Mr. Cohen, Mr. Quigley, Mr. Hastings, Ms. Porter, Ms. Leger Fernandez, and Mr. Casten
December 14, 2022
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 2, 2021]
To amend the Mineral Leasing Act to make certain adjustments to the regulation of surface-disturbing activities and to protect taxpayers from unduly bearing the reclamation costs of oil and gas development, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be referred to as the “Bonding Reform and Taxpayer Protection Act of 2021”.
SEC. 2. Surface disturbance and reclamation.
Section 17(g) of the Mineral Leasing Act (30 U.S.C. 226(g)) is amended to read as follows:
“(g) Bonding requirements.—
“(1) DEFINITIONS.—In this subsection:
“(A) INTERIM RECLAMATION PLAN.—The term ‘Interim Reclamation Plan’ means an ongoing plan specifying reclamation steps to be taken on all disturbed areas covered by any lease issued under this Act that are not needed for active operations.
“(B) FINAL RECLAMATION PLAN.—The term ‘Final Reclamation Plan’ means a plan describing all reclamation activity to be conducted for all disturbed areas, including locations, facilities, trenches, rights-of-way, roads, and any other surface disturbance covered by a lease issued under this Act prior to final abandonment.
“(2) IN GENERAL.—The Secretary concerned shall regulate all surface-disturbing activities conducted pursuant to any lease issued under this Act, and shall determine reclamation and other actions as required in the interest of conservation of surface resources.
“(3) RECLAMATION PLANS REQUIRED.—
“(A) ANALYSIS AND APPROVAL REQUIRED.—No permit to drill on an oil and gas lease issued under this Act may be granted without the analysis and approval by the Secretary concerned of both an interim reclamation plan and a final reclamation plan covering proposed surface-disturbing activities within the lease area.
“(4) BONDING.—
“(A) IN GENERAL.—
“(i) REGULATION.—Not later than 180 days after the date of enactment of the Bonding Reform and Taxpayer Protection Act of 2021, the Secretary concerned shall, by regulation, require that an adequate bond, surety, or other financial arrangement be established prior to the commencement of surface-disturbing activities on any lease under this Act.
“(ii) AMOUNT OF BOND.—In determining the adequacy of a bond, surety, or other financial instrument required by regulation under clause (i), the Secretary shall find that such arrangement is adequate if it is not less than the greater of—
“(I) the amount necessary for—
“(iii) ADJUSTMENT FOR INFLATION.—
“(I) IN GENERAL.—In the application of clause (ii), the Secretaries concerned shall jointly at least once every three years, at the beginning of the fiscal year, adjust the dollar amounts in clause (ii) to account for inflation based on the Consumer Price Index for all urban consumer published by the Department of Labor.
“(B) PROHIBITION.—The Secretary concerned shall not issue or approve the assignment of any lease under the terms of this section to any person, association, corporation, or any subsidiary, affiliate, or person controlled by or under common control with such person, association, or corporation, during any period in which, as determined by the relevant Secretary, such entity has failed or refused to comply in any material respect with the reclamation requirements and other standards established under this section for any prior lease to which such requirements and standards applied.
“(C) NOTICE AND OPPORTUNITY FOR COMPLIANCE.—Prior to making a determination not to issue or approve the assignment of a lease under subparagraph (B) with respect to an entity the Secretary concerned shall provide such entity with adequate notification and an opportunity to comply with such reclamation requirements and other standards and shall consider whether any administrative or judicial appeal is pending. Once the entity has complied with the reclamation requirement or other standard concerned each oil or gas lease may be issued to such entity under this Act.
“(D) REVIEW UPON TRANSFER.—The Secretary concerned shall review the adequacy of a bond, surety, or other financial instrument anytime a lease or well under this Act is transferred. The Secretary shall find such bond, surety, or other financial instrument adequate if such arrangement—
“(E) REQUIRING HIGHER BOND AMOUNTS.—The Secretary concerned shall, at any time that such Secretary determines that a bond, surety, or other financial instrument required by a regulation issued pursuant to subparagraph (A) no longer meets the requirements of clause (ii) of such subparagraph, increase the required amount of such financial arrangement to the level required by subparagraph (A).
“(F) PHASING-IN BOND INCREASES.—With respect to a bond increased under subparagraph (E), the Secretary concerned shall require the operator to meet the following deadlines in posting the amount of the increase that results from the operation of such paragraph:
“(5) STANDARDS.—Not later than 180 days after the date of enactment of the Bonding Reform and Taxpayer Protection Act of 2021, the Secretary of the Interior and the Secretary of Agriculture shall, by regulation, establish uniform standards for all Interim and Final Reclamation Plans. The goal of such plans shall be the restoration of the affected ecosystem to a condition approximating or equal to that which existed prior to the surface disturbance. Such standards shall include restoration of natural vegetation and hydrology, habitat restoration, salvage, storage and reuse of topsoils, erosion control, control of invasive species and noxious weeds and natural contouring.
“(6) MONITORING.—The Secretary concerned shall not approve final abandonment and shall not release any bond required by this Act until the standards and requirement for final reclamation established pursuant to this Act have been met.
“(7) FINANCIAL ASSURANCES.—The Secretary concerned shall not release the financial assurance established for a lease until the operator has paid the inspection fees required under section 4 for the lease covered by the financial assurance instrument.
SEC. 3. Changes to the BLM Permit Processing Improvement Fund.
(a) Name of fund.—Section 35(c)(2)(B) of the Mineral Leasing Act (30 U.S.C. 191(c)(2)(B)) is amended by striking “BLM Permit Processing Improvement Fund” and inserting “BLM Administration and Accountability Fund”.
(b) Additional uses.—Section 35(c)(3)(A) of such Act (30 191(c)(3)(A)) is amended by adding at the end the following: “Such coordination and processing shall include—
“(i) the coordination and review process for financial assurances for oil and gas leases and bond releases for oil and gas leases;
(a) In general.—Section 108 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1718) is amended by adding at the end the following:
“(d) Inspection fees.—
“(1) IN GENERAL.—Except as provided in paragraph (5), the designated operator under each oil and gas lease on Federal or Indian lands, or each unit and communitization agreement that includes one or more such Federal or Indian leases, that is subject to inspection under subsection (b) and that is in force at the start of the fiscal year 2021, shall pay a nonrefundable annual inspection fee in an amount that, except as provided in paragraph (2), is established by the Secretary by regulation and is sufficient to recover the full costs incurred by the United States for inspection and enforcement with respect to such leases.
“(2) AMOUNT.—Until the effective date of regulations under paragraph (1), the amount of the fee shall be—
“(A) $700 for each lease or unit or communitization agreement with no active or inactive wells, but with surface use, disturbance or reclamation;
“(B) $1,225 for each lease or unit or communitization agreement with 1 to 10 wells, with any combination of active or inactive wells;
“(3) DUE DATE.—Payment of the fee under this section shall be due, annually, not later than 30 days after the Secretary provides notice of the assessment of the fee.
“(4) PENALTY.—If the designated operator fails to pay the full amount of the fee as prescribed in this section, the Secretary may, in addition to utilizing any other applicable enforcement authority, assess civil penalties against the operator under section 109 in the same manner as if this section were a mineral leasing law.
“(5) EXEMPTION FOR TRIBAL OPERATORS.—An operator that is a Tribe or is controlled by a Tribe is not subject to paragraph (1) with respect to a lease, unit, or communitization agreement that is located entirely on the lands of such Tribe.
“(6) ADJUSTMENT FOR INFLATION.—In the application of paragraph (2), the Secretaries shall at least once every three years, at the beginning of the fiscal year, adjust the dollar amounts in paragraph (2) to account for inflation based on the Consumer Price Index for all urban consumer published by the Department of Labor.”.
(b) Assessment for fiscal year 2022.—The Secretary of the Interior shall assess the fee under the amendment made by subsection (a) for fiscal year 2022, and provide notice of such assessment to each designated operator who is liable for such fee, by not later than 60 days after the date of enactment of this Act.
SEC. 5. Bonding Equity for National Wildlife Refuge System Lands.
Section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) is amended—
(2) by inserting after subsection (g) the following new subsection:
“(h) Reclamation, Damages, and Financial Assurance for oil and gas operations on Refuge Lands.—
“(1) The Secretary, acting through the Director, shall obtain adequate financial assurances from non-Federal entities to repair potential damages to refuge resources, prior to the commencement of surface-disturbing activities as part of the development of non-Federal minerals below refuge surface estate, including—
Union Calendar No. 453 | |||||
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[Report No. 117–629] | |||||
A BILL | |||||
To amend the Mineral Leasing Act to make certain adjustments to the regulation of surface-disturbing activities and to protect taxpayers from unduly bearing the reclamation costs of oil and gas development, and for other purposes. | |||||
December 14, 2022 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |