Legacy Pollution Remediation and Reclamation

The Bipartisan Infrastructure Law (BIL), also known as the Infrastructure Investment and Jobs Act (Public Law 117-58), directs the Secretary of the Interior to establish programs to address abandoned mine lands and inventory and properly close orphaned wells. These programs will address legacy pollution and employment challenges in energy communities nationwide on Federal, Tribal, State, and private lands. Click here to view the Department of the Interior Bipartisan Infrastructure Law (Section) 40601 Orphaned Well Program (2022 Annual) Report to Congress.

Orphaned Wells

With an appropriation of $4.677B, the BIL will reduce methane and other greenhouse gas emissions from orphaned wells as part of a much larger strategy to combat climate change. These funds also will clean up surface water and groundwater contamination, restore native habitat, create good-paying union jobs, and benefit disproportionately impacted communities. 

A key component within the Orphaned Well Site Plugging, Remediation, and Restoration section of the BIL is methane reduction.  The BIL contains provisions to measure or estimate and track methane associated with orphaned wells.  Methane may leak from orphaned wells in various ways (see a schematic here).  The DOI methane measurement guidelines for orphaned wells is available here.

For consistency across Federal, State, and Tribal orphaned well programs and to facilitate the Secretary's annual report to Congress, the DOI has developed a standard data reporting template, available here:  Data Reporting Template.

State and Tribal Grants Orphaned Well Program.  The BIL funding for wells on Tribal, State, and private lands will be distributed through a grant program managed by the Office of Environmental Policy and Compliance (OEPC). 

• State Orphaned Well Grants (click here for more detail).  The BIL specifies three types of grants for the State Program:

1. Initial Grants (up to $25M per state)
   • Through President Biden's Bipartisan Infrastructure Law, 24 States Set to Begin Plugging Over 10,000 Orphaned Wells
   • Biden-Harris Administration Releases Final Guidance on New Orphaned Well Program
   • Biden-Harris Administration Releases Draft Guidance, Invites Public Comment on New Orphaned Well Program
   • Guidance
   • Frequently Asked Questions - August 2022
   • Initial State Grant Questions and Answers - May 2022
   • Frequently Asked Questions - April 2022
2. Formula Grants ($2B total)
   • Interior Department Releases Draft Guidance for $500 Million in Formula Grants for States to Address Orphaned Oil and Gas Wells
   • Draft Formula Grant Guidance (Fiscal Year 2023)
     • The period for the public to comment on the state formula grant draft guidance has been extended from February 24, 2023 until March 24, 2023. 
     • On Thursday, March 2, at 1:00 PM EST, the Department of the Interior hosted an online public roundtable-style webinar on the draft formula grant guidance. During the webinar, the Department provided an overview of the draft guidance and listened to comments offered by members of the public. Click here to view the PowerPoint presentation or the recorded webinar. 
   • Biden Administration Announces $1.15 Billion for States to Create Jobs Cleaning Up Orphaned Oil and Gas Wells
3. Performance Grants ($1.5B total) [INFORMATION FORTHCOMING]

• Tribal Orphaned Well Grants (click here for more detail).  The BIL provides $150M for Tribal well plugging, remediation, and restoration. Tribes may seek funding to undertake the well plugging or may request that the Secretary administer the well plugging on behalf of the Tribe. The OEPC has worked closely with the Bureau of Indian Affairs' Indian Energy Service Center to develop the following:  

  • FY23 Tribal Orphaned Well Grant Guidance (Application Deadline Extended to 2/21/23)
  • Biden-Harris Administration Makes $50 Million Available to Clean Up Orphaned Oil and Gas Wells on Tribal Lands
  • Tribal Webinar and Office Hours Flyer
  • Additional Tribal Consultation Materials 
    • Tribal Consultation - Orphaned Well Presentation September 2022
  • ​​​​​​​Dear Tribal Leader Letter August 2022
  • Dear Tribal Leader Letter January 2023
  • Biden-Harris Administration Releases Draft Guidance on New Tribal Orphaned Well Program 

Federal Orphaned Well Program (click here for more detail).  The Federal Orphaned Well Program is led by the OEPC and the Bureau of Land Management. The BIL provides $250M to Federal Land Managers at the Department of the Interior and the Department of Agriculture to inventory, assess, plug, and restore orphaned well sites.  Eligible bureaus are the Bureau of Land Management, National Park Service, Fish and Wildlife Service, Bureau of Safety and Environmental Enforcement, and the US Forest Service.  See the Federal Well Program tile below for more information.

• Biden-Harris Administration Announces $33 Million Infrastructure Investment to Address Legacy Pollution, Spur Good-Paying Jobs on Public Lands

Abandoned Mine Lands (AML).  

Coal Mines.  Sections 40701 through 40703 of the BIL addresses abandoned mine land reclamation related to coal mining and are managed by the Office of Surface Mining Reclamation and Enforcement.

Non-Coal (including Hardrock) Mines. Section 40704 of the BIL requires the Secretary of the Interior to establish a program “to inventory, assess, decommission, reclaim, respond to hazardous substances release on, and remediate abandoned hardrock mine land based on conditions including need, public health and safety, potential environmental harm, and other land use priorities” on Federal, State, and Tribal lands.  While funds for the non-coal AML Program were not appropriated in the BIL, Congress did include initial program funding in FY22 DOI appropriations.  [INFORMATION FORTHCOMING]

Resources:

Federal Orphaned Well Program Bureau of Land Management 

Indian Energy Service Center Indian Affairs

Interstate Oil and Gas Compact Commission

Definitions

Contact us:

State Orphaned Wells:     orphanedwells@ios.doi.gov

Tribal Orphaned Well Grant Program:     ecrp@ios.doi.gov