S.Amdt. 10

SA 10. Mr. SCHATZ submitted an amendment intended to be proposed to
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr.
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr.
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered
to lie on the table; as follows:

At the end of the bill, add the following:

SEC. __. FINES FOR TRESPASS AND DRILLING WITHOUT APPROVAL.

(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Land Management.
(2) Trespass or drilling without approval.--The term
``trespass or drilling without approval'' has the meaning
given the term in the report of the Office of Inspector
General of the Department of the Interior entitled
``Inspection Report--BLM Federal Onshore Oil and Gas Trespass
and Drilling Without Approval'' and dated September 29, 2014.
(b) Shut Down of Wells.--
(1) In general.--The Director shall conduct a due process
hearing for any owner or operator of a well who has been
detected as potentially committing trespass or drilling
without approval.
(2) Shut down.--After providing the due process hearing
under paragraph (1), the Director shall shut down any well
the owner or operator of which has been found to have
intentionally committed trespass or drilling without
approval.
(c) Fines; Royalty Rate Payment.--
(1) In general.--An owner or operator of a well that has
been found to have committed trespass or drilling without
approval (intentional or unintentional) under subsection (b)
shall be subject to the following fines:
(A) Monetary fine.--The owner or operator shall be fined an
amount equal to the cost the owner or operator incurred to
drill and complete the well.

[[Page S212]]

(B) Royalty rate.--The owner or operator shall be fined an
amount equal to the royalty rate the owner or operator would
have paid to the Federal Government had the owner or operator
secured approval to drill the well from the Bureau of Land
Management.
(2) Use of fines.--
(A) In general.--The Director shall use 25 percent of the
revenues raised from the imposition of monetary fines under
paragraph (1)(A) to fund programs in the Bureau of Land
Management that increase prevention and enforcement of
trespass or drilling without approval on Federal land.
(B) Monitoring and enforcement standards.--
(i) In general.--In carrying out subparagraph (A), the
Director shall standardize the monitoring and enforcement
policies of the Bureau of Land Management, to be implemented
across the regional offices of the Bureau of Land Management,
to increase monitoring of drilling on Federal land.
(ii) Report.--Not later than 180 days after the date of
enactment of this Act, the Director shall submit to Congress
a report on the efforts of the Director in carrying out
clause (i).
(d) Liability.--The owner or operator, including any
subcontractor of the owner or operator, shall be liable for
any claim or cause of action arising from the trespass or
drilling without approval.
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