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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5630 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5630
To amend the Mineral Leasing Act to ensure sufficient bonding and
complete and timely reclamation of land and water disturbed by Federal
and Indian oil and gas production, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30, 2026
Mr. Bennet (for himself, Mr. Padilla, Mr. Hickenlooper, Mr. Schiff, and
Mr. Lujan) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Mineral Leasing Act to ensure sufficient bonding and
complete and timely reclamation of land and water disturbed by Federal
and Indian oil and gas production, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Orphaned Wells Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) according to the Interstate Oil and Gas Compact
Commission, there are in existence not fewer than 140,000
documented orphaned well sites, and between 250,000 and 740,000
undocumented orphaned well sites, across the United States on
Federal, State, Tribal, and private land;
(2) as of December 2024, the Bureau of Land Management
estimated there were more than 15,000 orphaned wells on Federal
land;
(3)(A) orphaned well sites--
(i) pose significant public health, safety, and
environmental risks; and
(ii) should be remediated;
(B) there are no identified responsible parties to provide
for the remediation of those sites; and
(C) as a consequence, Federal and State taxes are
frequently used to provide funding for plugging and reclaiming
those sites;
(4) under the Mineral Leasing Act (30 U.S.C. 181 et seq.),
the Secretary of the Interior is required--
(A) to ensure the complete and timely reclamation
of all Federal onshore oil and gas leases; and
(B) to secure financial assurances in the form of
bonds, sureties, or other approved financial
arrangements for remediation, reclamation, and well
closure;
(5) in November 2021, Congress passed the Infrastructure
Investment and Jobs Act (Public Law 117-58; 135 Stat. 429),
which--
(A) provided $4,700,000,000 in funding to reclaim
orphaned wells on Federal, State, Tribal, and private
land;
(B) required the Secretary of the Interior to
establish a program to plug, remediate, and reclaim
orphaned wells on Federal land; and
(C) required the Secretary of the Interior to
reduce the inventory of idled wells on Federal land;
and
(6) the Infrastructure Investment and Jobs Act (Public Law
117-58; 135 Stat. 429) helped to address urgent public health
and safety and environmental issues associated with existing
orphaned wells, but additional action is needed to ensure that
oil and gas operators, and not taxpayers, are financing timely
and adequate reclamation activities for future orphaned wells.
SEC. 3. REGULATION OF SURFACE-DISTURBING ACTIVITIES.
Section 17(g) of the Mineral Leasing Act (30 U.S.C. 226(g)) is
amended--
(1) in the sixth sentence--
(A) by striking ``such entity'' and inserting ``the
operator or other entity''; and
(B) by striking ``Once the entity'' and inserting
the following:
``(C) Issuance of lease after compliance.--Once the
operator or other entity'';
(2) in the fifth sentence, by striking ``Prior to making
such determination with respect to any such entity the
concerned Secretary shall provide such entity with'' and
inserting the following:
``(B) Requirement for notice and opportunity to
comply.--Before making a determination under
subparagraph (A) with respect to any operator or other
entity, the Secretary shall provide to the operator or
other entity'';
(3) by striking the fourth sentence and inserting the
following:
``(6) Failure or refusal to comply.--
``(A) In general.--The Secretary shall not issue,
or approve the transfer or assignment of, any lease
under this section to any operator or other entity, or
any subsidiary, affiliate, or person controlled by or
under common control of that operator or other entity,
during any period in which, as determined by the
Secretary, the operator or other entity has failed or
refused to comply in any material respect with a
reclamation requirement or other standard established
under this section that is applicable to any other
lease of the operator or other entity.'';
(4) by striking the third sentence and inserting the
following:
``(4) Financial assurances.--
``(A) Requirement.--
``(i) In general.--The Secretary shall
promulgate regulations to require that a
financial assurance shall be provided by an
operator prior to the commencement of
activities on any lease issued under this Act
to ensure the complete and timely remediation
and reclamation of any land, water, or other
resources (including resources with recreation,
range, timber, mineral, watershed, fish or
wildlife, natural scenic, scientific, or
historical value) adversely affected by lease
activities and operations after the abandonment
or cessation of oil and gas operations on the
lease.
``(ii) Elimination of nationwide financial
assurances.--
``(I) In general.--An operator may
not provide a financial assurance under
clause (i) on a nationwide basis for
all leases of the operator in the
United States.
``(II) Requirement.--With respect
to any nationwide financial assurance
in effect on the date of enactment of
the Stop Orphaned Wells Act, the
Secretary shall require that, not later
than 1 year after that date of
enactment, operators shall post
replacement financial assurances in
accordance with this Act.
``(B) Amount.--
``(i) In general.--Subject to clause (ii)
and (iii), the amount of a financial assurance
required under this paragraph shall be the
amount determined by the Secretary to be
sufficient to ensure the complete and timely
remediation and reclamation required under
subparagraph (A)(i).
``(ii) Minimum amounts.--
``(I) In general.--Subject to
subclause (II), the minimum amount of a
financial assurance required under this
paragraph shall be not less than, as
applicable--
``(aa) $200,000, in the
case of a financial assurance
for surface-disturbing
activities on an individual oil
or gas lease; or
``(bb) $650,000, in the
case of a financial assurance
for all oil and gas leases of
an operator in a State.
``(II) Idled wells.--Whenever the
total number of idled wells of an
operator equals or exceeds 50 percent
of the total wells owned or operated by
the operator, including wells owned or
operated by a subsidiary of the
operator, the Secretary shall require
from that operator a full liability
bond for the estimated reclamation and
remediation costs associated with all
of the operations of the operator.
``(III) Increased minimum amounts
for additional categories of
operations.--
``(aa) Establishment by
regulation.--In promulgating
regulations to carry out this
Act, the Secretary shall
determine whether higher
minimum amounts of financial
assurance should be required
for any other categories of
operations that pose heightened
risks of abandonment or
environmental harm.
``(bb) Public petition.--
``(AA) In
general.--Any
individual may, at any
time, file a petition
with the Secretary, in
such a manner and
containing such
information as the
Secretary may require,
to establish an
increased minimum
amount of financial
assurance for a
specific category of
operations.
``(BB) Findings.--
On receipt of a
petition under subitem
(AA), the Secretary
shall make detailed
findings and provide
the petitioner a
written response and
determination not later
than 90 days after
receipt of the
petition.
``(CC)
Publication.--If the
Secretary determines
that a specific
category of operations
requires an increased
minimum amount of
financial assurance
under subitem (BB), the
Secretary shall publish
in the Federal Register
the determination with
the increased amount
required not later than
30 days after making
that determination.
``(IV) Adjustments for inflation.--
Not later than 1 year after the date of
enactment of the Stop Orphaned Wells
Act, and not less frequently than
annually thereafter, the Secretary
shall adjust for inflation the minimum
amounts under subclauses (I) and (III),
as applicable.
``(iii) Additional factors.--The Secretary
shall establish the level of a financial
assurance required under this paragraph above
the applicable minimum level required under
clause (ii) as the Secretary determines to be
appropriate or necessary to ensure the complete
and timely remediation and reclamation required
under subparagraph (A)(i), after taking into
consideration the following factors:
``(I) The depth of each relevant
proposed wellbore.
``(II) The presence of other
resources (including resources with
recreation, range, timber, mineral,
watershed, fish or wildlife, natural
scenic, scientific, or historical
value).
``(III) The number of wells to be
drilled on the lease.
``(IV) The number and percentage of
idled wells on--
``(aa) the applicable
lease; and
``(bb) any other leases
held by each applicable
operator.
``(V) Any current or past
violations by each operator.
``(VI) The anticipated condition of
the applicable well site and the extent
of the remediation and reclamation to
be required.
``(VII) The ability of each
operator to fully carry out that
remediation and reclamation.
``(VIII) Such other factors as the
Secretary determines to be relevant.
``(C) Review.--
``(i) Prospective.--
``(I) In general.--With respect to
any financial assurance provided after
the date of enactment of the Stop
Orphaned Wells Act, not less frequently
than once every 5 years, and prior to
approving an assignment, transfer, or
change in operator of a lease, the
Secretary shall review the financial
assurance to determine, after taking
into consideration the factors
described in subparagraph (B)(iii),
whether the amount of the financial
assurance is adequate to ensure the
complete and timely remediation and
reclamation required under subparagraph
(A)(i).
``(II) Authority to increase.--If
the Secretary determines under
subclause (I) that the amount of a
financial assurance is not adequate,
the Secretary shall increase the amount
of the financial assurance in
accordance with subparagraph (B),
including making an adjustment for
inflation, as appropriate.
``(ii) Retrospective.--
``(I) In general.--Operators shall
increase or replace all bonds that do
not meet the appropriate minimum amount
of financial assurance required under
subparagraph (B)(ii) not later than--
``(aa) for nationwide
bonds, which shall be replaced
with individual lease or
statewide bonds, 1 year after
the date of enactment of the
Stop Orphaned Wells Act;
``(bb) for statewide bonds,
2 years after the date of
enactment of the Stop Orphaned
Wells Act; and
``(cc) for individual oil
and gas lease bonds, 3 years
after the date of enactment of
the Stop Orphaned Wells Act.
``(II) Authority to increase.--If
the Secretary determines under
subclause (I) that the amount of a
financial assurance is not adequate,
the Secretary shall increase the amount
of the financial assurance in
accordance with subparagraph (B),
including making an adjustment for
inflation, as appropriate.
``(D) Release.--On request, and after inspection by
the Secretary, the Secretary may release, in whole or
in part, the financial assurance required for a lease
under this paragraph if the Secretary determines that--
``(i) the remediation, reclamation, or
permanent plugging covered by the financial
assurance has been completed in accordance with
applicable standards; and
``(ii) all other applicable Federal
requirements have been met.
``(E) Consultation.--The Secretary shall consult
with the Secretary of Agriculture prior to making any
determination under paragraphs (4), (5), or (6) related
to activities on National Forest System land.
``(F) Authority.--Nothing in this section prevents
the Secretary of Agriculture from requiring additional
financial assurances with respect to activities on
National Forest System land.
``(5) Temporarily abandoned and shut-in wells.--
``(A) In general.--The Secretary shall promulgate
regulations to reduce the inventory of idled wells and
temporarily abandoned and shut-in wells on Federal
land, including by enhancing oversight of wells that
have been temporarily abandoned or shut-in.
``(B) Requirements.--
``(i) Temporarily abandoned wells.--
``(I) In general.--The Secretary
shall review and may approve a request
from an operator to designate a well as
temporarily abandoned for a period
greater than 30 consecutive days.
``(II) Designation.--
``(aa) In general.--A well
designated as temporarily
abandoned under subclause (I)
shall retain that designation
for a 1-year period, subject to
renewal under item (bb).
``(bb) Renewal.--
``(AA) In
general.--Not earlier
than 10 days before a
designation under
subclause (I) is set to
expire, an operator may
submit to the Secretary
a subsequent request to
designate the well for
another 1-year period
as temporarily
abandoned.
``(BB) Limit.--
There is no limit on
the number of
subsequent requests an
operator may submit
under this item for
approval by the
Secretary under
subclause (I).
``(III) Requests.--In submitting a
request under subclause (I), an
operator shall--
``(aa) include--
``(AA) adequate and
detailed justification
for temporarily
abandoning the well;
and
``(BB) verification
of the mechanical
integrity of the well;
and
``(bb) isolate the
completed intervals prior to
temporarily abandoning the
well.
``(IV) Follow-up.--
``(aa) In general.--Not
later than 4 years after the
temporary abandonment of a well
under subclause (I), the
operator shall--
``(AA) fully
complete reclamation,
as required by
applicable
requirements, unless
the Secretary has
approved a request to
delay under item
(bb)(BB);
``(BB) resume
production in paying
quantities or commence
using the well for
injection or disposal;
or
``(CC) submit to
the Secretary a
detailed plan and
timeline for future
beneficial use of the
well.
``(bb) Beneficial use.--On
submission of a plan and
timeline to the Secretary under
item (aa)(CC), the Secretary
shall--
``(AA) make a
determination regarding
whether there is a
legitimate future
beneficial use of the
well; and
``(BB) subject to a
determination that
there is a legitimate
future beneficial use
of the well under
subitem (AA), grant the
operator a 1-year
delay, subject to the
condition that the
operator confirms the
future beneficial use
of the well and is
making verifiable
progress on returning
the well to that
beneficial use.
``(ii) Shut-in wells.--
``(I) Verification and
confirmation.--Not later than 3 years
after a well is designated as shut-in,
the operator shall submit to the
Secretary a verification of the
mechanical integrity of the well and
confirm that the well remains capable
of producing in paying quantities.
``(II) Follow-up.--
``(aa) In general.--Not
later than 4 years after a well
shut-in, the operator shall--
``(AA) permanently
abandon the shut-in
well, unless the
Secretary has approved
a request to delay
under item (bb)(BB);
``(BB) resume
production in paying
quantities; or
``(CC) submit to
the Secretary a
detailed plan and
timeline for future
beneficial use of the
well.
``(bb) Beneficial use.--On
submission of a plan and
timeline to the Secretary under
item (aa)(CC), the Secretary
shall--
``(AA) make a
determination regarding
whether there is a
legitimate future
beneficial use of the
well; and
``(BB) subject to a
determination that
there is a legitimate
future beneficial use
of the well under
subitem (AA), grant the
operator a 1-year
delay, subject to the
condition that the
operator confirms the
future beneficial use
of the well and is
making verifiable
progress on returning
the well to that
beneficial use.
``(C) Publication.--The Secretary shall annually
update and publicly publish a database of idled wells
and temporarily abandoned and shut-in wells under the
jurisdiction of the Secretary.'';
(5) in the second sentence--
(A) by striking ``Secretary concerned'' and
inserting ``Secretary, or the Secretary of Agriculture
with respect to National Forest System land,''; and
(B) by striking ``No permit'' and inserting the
following:
``(3) Analysis and approval required.--No permit''; and
(6) by striking the subsection designation and all that
follows through ``the Secretary of Agriculture,'' and inserting
the following:
``(g) Regulation of Surface-Disturbing Activities.--
``(1) Definitions.--In this subsection:
``(A) Idled well.--The term `idled well' means a
well--
``(i) that has been nonoperational for not
less than 4 years; and
``(ii) for which there is no anticipated
beneficial future use.
``(B) Operator.--The term `operator', with respect
to an oil or gas operation, means any individual or
entity (including a lessee or operating rights owner)
that has provided to a relevant authority a written
statement that the individual or entity is responsible
for the operation (or any portion of the operation).
``(C) Orphaned well.--The term `orphaned well',
with respect to a well or well site under an oil or gas
lease issued under this Act, means a well--
``(i)(I) that is not used for an authorized
purpose, such as production, injection,
monitoring, or another approved beneficial use;
and
``(II) for which no operator can be
located; or
``(ii) the operator of which is unable--
``(I) to plug the well; or
``(II) to remediate and reclaim the
well site.
``(D) Secretary.--The term `Secretary' means the
Secretary of the Interior.
``(E) Shut-in.--The term `shut-in' means a non-
operational well that is mechanically capable of
producing or injecting by opening a valve or activating
existing equipment.
``(F) Temporarily abandoned.--The term `temporarily
abandoned', with respect to the status of a well, means
a non-operational well that--
``(i) is not physically or mechanically
capable of production or injection without
additional equipment or servicing of the well;
but
``(ii) may have a future beneficial use.
``(2) Regulation of activities.--The Secretary, or the
Secretary of Agriculture with respect to National Forest System
land,''.
SEC. 4. PREDECESSOR LIABILITY.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by
adding at the end the following:
``(r) Predecessor Liability.--
``(1) In general.--Not later than 60 days after the date of
enactment of the Stop Orphaned Wells Act, the Secretary shall
promulgate regulations addressing lessee and sublessee
responsibility and liability for performing all obligations
relating to plugging a well drilled, and removing a facility
installed, pursuant to--
``(A) a lease issued under this Act; and
``(B) other applicable law.
``(2) Requirements.--In carrying out paragraph (1), the
Secretary shall require that--
``(A) the lessee or sublessee, as applicable, shall
remain responsible for performing all obligations under
the lease until the date that the Secretary approves an
assignment of record title interest or transfer of
operating rights; and
``(B) after the Secretary approves the assignment
or transfer under subparagraph (A), the assignor or
transferor will continue to be responsible for lease
obligations that accrued before the approval date,
whether or not those obligations were identified at the
time of the transfer, including--
``(i) paying compensatory royalties for
drainage;
``(ii) responsibility for plugging drilled
wells; and
``(iii) removing facilities installed or
used before the effective date of the
assignment or transfer.''.
SEC. 5. LIMITATIONS ON TRANSFER OF LEASES.
(a) Definitions.--In this section:
(1) Covered lease.--The term ``covered lease'' means--
(A) an oil or gas lease issued pursuant to the
Mineral Leasing Act (30 U.S.C. 181 et seq.), and any
interest in that lease; and
(B) an oil or gas lease issued pursuant to the
Mineral Leasing Act for Acquired Lands (30 U.S.C. 351
et seq.), and any interest in that lease.
(2) Parent company.--The term ``parent company'' means a
company that directly or indirectly controls another company.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Subsidiary company.--The term ``subsidiary company''--
(A) means any company that is owned or controlled,
directly or indirectly, by another company; and
(B) includes any subsidiary of the company that is
so owned or controlled.
(b) Limitations.--
(1) In general.--A leaseholder may not transfer a covered
lease to any person, regardless of whether the lease was issued
before, on, or after the date of enactment of this Act, unless
the Secretary approves the transfer under paragraph (2).
(2) Application.--
(A) In general.--Prior to transferring a covered
lease, a leaseholder shall submit to the Secretary an
application containing--
(i) a financial risk assessment of the
proposed lessee, including an assessment of the
adequacy of the proposed financial assurances,
credit rating (or lack thereof), and bonding of
the lessee;
(ii) a complete list of oil and gas leases
and wells owned or operated by the proposed
lessee, along with the operational status of
the wells, including whether any of the wells
are idled wells, temporarily abandoned, or
shut-in (as those terms are defined in section
17(g) of the Mineral Leasing Act (30 U.S.C.
226(g)));
(iii) a complete list of past and ongoing
violations of Federal, State, or local laws and
regulations applicable to any of the oil and
gas operations of the proposed lessee; and
(iv) any other information that the
Secretary may require.
(B) Approval or denial.--After receiving an
application submitted under subparagraph (A), the
Secretary shall, subject to subparagraphs (D) and (E)--
(i) immediately post the proposed transfer
on the website of the Department of the
Interior;
(ii) invite public comment on the proposed
transfer for not less than 30 days; and
(iii) not later than 90 days after
receiving the application--
(I) approve, conditionally approve,
or deny that application; and
(II) publicly post on the website
of the Department of the Interior the
reasoning for the approval, conditional
approval, or denial, to include whether
the decision was based on information
provided by the public under clause
(ii).
(C) Notice.--Not later than 5 days after making a
decision under subparagraph (B), the Secretary shall--
(i) notify the leaseholder of that
decision; and
(ii) post the decision on the website of
the Department of the Interior.
(D) Additional bonding.--The Secretary shall
conditionally approve an application under subparagraph
(B), subject to the condition that the leaseholder
acquires additional bonding to offset any financial
risks identified during the review of the application
by the Secretary.
(E) Mandatory denial.--The Secretary shall deny an
application under subparagraph (B) if the proposed
lessee--
(i) has filed a petition for bankruptcy
under title 11, United States Code;
(ii) does not, along with any parent
company of the proposed lessee, possess an
investment grade credit rating from a
nationally recognized statistical rating
organization (as defined in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C.
78c(a)));
(iii) has no prior record of safe and
compliant oil or gas production operations
within the preceding 5 years; or
(iv) is a subsidiary company of a parent
company and fails to demonstrate a debt-to-
equity ratio of less than 2 to 1, unless the
parent company provides an unconditional
corporate guarantee for all liabilities under
the covered lease.
SEC. 6. FITNESS TO OPERATE STANDARDS.
The Mineral Leasing Act is amended by inserting after section 37
(30 U.S.C. 193) the following:
``SEC. 38. FITNESS TO OPERATE STANDARDS FOR OIL AND GAS ACTIVITIES.
``(a) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity', with
respect to a recipient responsible party, means--
``(A) any parent company of the recipient
responsible party;
``(B) any subsidiary company of the recipient
responsible party;
``(C) any entity with which the recipient
responsible party enters into a contract to construct,
develop, maintain, or operate a facility on Federal
land subject to this Act; and
``(D) any entity that--
``(i) shares officers, directors, or key
managerial personnel with any entity described
in subparagraph (A) or (B); or
``(ii) is a predecessor to any entity
described in subparagraph (A) or (B).
``(2) Decommissioning.--The term `decommissioning', with
respect to oil and gas infrastructure on Federal land subject
to this Act, means--
``(A) ending an oil and gas operation;
``(B) permanently plugging a well;
``(C) monitoring the efficacy of activities to end
an oil and gas operation, including monitoring the
safety and soundness of a plugged well; and
``(D) returning the area subject to the lease,
right-of-way, permit, or other authorization to a
condition that meets the environmental reclamation
requirements of the Department of the Interior and any
other Federal agency that has jurisdiction over the oil
and gas operation.
``(3) Parent company.--The term `parent company' means a
company that directly or indirectly controls another company.
``(4) Recipient responsible party.--The term `recipient
responsible party' means an entity seeking the issuance,
extension, or transfer of a lease, right-of-way, permit, or
other authorization for oil or gas exploration, development, or
production on Federal land subject to this Act.
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(6) Subsidiary company.--The term `subsidiary company'--
``(A) means any company that is owned or
controlled, directly or indirectly, by another company;
and
``(B) includes any subsidiary of the company that
is so owned or controlled.
``(b) Requirement for Approvals.--Beginning on the date on which
the Secretary issues or revises regulations under subsection (c)(4),
the Secretary may not issue, extend the term of, or approve the
transfer of, a lease, right-of-way, permit, or other authorization for
oil or gas exploration, development, or production on Federal land
subject to this Act with respect to a recipient responsible party,
unless the recipient responsible party is certified as fit to operate
in accordance with subsection (c).
``(c) Certification of Fitness To Operate.--
``(1) In general.--The Secretary shall certify a recipient
responsible party as fit to operate based on--
``(A) the past compliance of the recipient
responsible party, and any covered entity of the
recipient responsible party, with Federal, State, and
local environmental and safety laws and regulations,
including deadlines and requirements related to
environmental reclamation, decommissioning, and worker
safety;
``(B) the financial solvency and capacity of the
recipient responsible party, and any covered entity of
the recipient responsible party, to weather market
shocks and fulfill current and projected
decommissioning liabilities; and
``(C) any other criteria with respect to the
recipient responsible party, and any covered entity of
the recipient responsible party, as the Secretary
determines appropriate.
``(2) Initial request for certification.--A recipient
responsible party may request to be certified as fit to operate
pursuant to the process established by regulation under
paragraph (4).
``(3) Maintenance of certification.--
``(A) Requirement.--A certification that the holder
of a lease, right-of-way, permit, or other
authorization for oil or gas exploration, development,
or production on Federal land subject to this Act
issued, extended, or transferred after the date on
which the Secretary issues or revises regulations under
paragraph (4) is fit to operate shall be maintained in
accordance with subparagraph (B).
``(B) Annual compliance verification.--
``(i) In general.--The Secretary shall
annually assess whether each holder of a lease,
right-of-way, permit, or other authorization
described in subparagraph (A) remains in
compliance with standards established pursuant
to paragraph (4).
``(ii) Suspension of certification.--If the
Secretary determines under subparagraph (A)
that a holder of a lease, right-of-way, permit,
or other authorization described in
subparagraph (A) is not in compliance with the
standards established pursuant to paragraph
(4), the Secretary shall suspend the
certification and impose 1 or more of the
following penalties until that holder complies
with the standards:
``(I) Suspend the applicable lease,
right-of-way, permit, or other
authorization pursuant to section
5(a)(1).
``(II) Issue a fine or other civil
penalties.
``(III) Require supplemental
financial assurance in an amount equal
to the total expected cost of
decommissioning, as applicable.
``(IV) Issue an order to the holder
of the lease, right-of-way, permit, or
other authorization to commence
decommissioning, including a
requirement that the entity develop and
submit a decommissioning plan pursuant
to section 3162.3-4 of title 43, Code
of Federal Regulations (or a successor
regulation) for approval by the
Secretary, and issue a notice to any
previous holders of the lease, right-
of-way, permit, or other authorization
to commence joint and several liability
proceedings.
``(4) Regulations.--Not later than 1 year after the date of
enactment of the Stop Orphaned Wells Act, the Secretary shall
promulgate or revise regulations--
``(A) to establish standards, in accordance with
this section, that the Secretary shall use to determine
whether to certify a recipient responsible party as fit
to operate;
``(B) to establish a process for recipient
responsible parties to request such certification; and
``(C) to carry out any other requirements of this
section.
``(d) Report to Congress.--Not later than 1 year after the
Secretary issues or revises regulations under subsection (c)(4), and
annually thereafter, the Secretary shall submit to Congress a report
that includes a summary of the most recent assessments made under
subsection (c)(3)(B), including a list of--
``(1) each person that holds an active or inactive lease,
right-of-way, permit, or other authorization for oil or gas
exploration, development, or production on Federal land subject
to this Act that failed to meet any of the standards
established pursuant to subsection (c)(4);
``(2) the specific standards for which the person is or was
non-compliant, disaggregated by--
``(A) person; and
``(B) lease, right-of-way, permit, and other
authorizations; and
``(3) enforcement actions taken by the Secretary against
each person identified under paragraph (1).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $30,000,000 for
each of fiscal years 2028 through 2032.''.
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