S.Amdt. 471Senate118th Congress (2023-2025)
S.Amdt. 471
Sponsored by
Sen. James Lankford (R-OK)
Submitted July 13, 2023
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Senate amendment submitted
July 13, 2023
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Senate amendment submitted
July 13, 2023
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Senate amendment submitted
July 13, 2023
Text
Submitted
SA 471. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in title XXVIII, insert the following: SEC. ___. PRODUCTION AND USE OF NATURAL GAS AT DEPARTMENT OF DEFENSE INSTALLATIONS. (a) Authority.-- (1) In general.--Notwithstanding section 3 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352), the Secretary of Defense may-- (A) produce any natural gas located within land under the geographic footprint of any installation of the Department of Defense within the United States, including within any territory of the United States; and (B) treat, manage, and use the natural gas produced pursuant to subparagraph (A). (2) Contract authority.--To carry out any authority described in paragraph (1), the Secretary of the Army may enter into a contract with an entity determined appropriate by the Secretary. (b) Royalties to States or Territories.-- (1) Value of royalties.--Beginning after the date of the enactment of this Act, as soon as practicable after the end of each calendar year, the Secretary of the Interior shall provide to the Secretary of Defense, for natural gas produced at any installation of the Department pursuant to subsection (a) during that calendar year, information on the amount of royalty payments that the State or territory where each such installation is location would have received under the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) if the natural gas had been produced pursuant to a lease issued under that Act. (2) Access to information.--On request of the Secretary of the Interior, the Secretary of Defense shall promptly provide all information, documents, and other materials the Secretary of the Interior considers necessary to calculate the amount of royalty payments under paragraph (1). (3) Payments; disbursements.-- (A) Payments to treasury.--On receipt of the information from the Secretary of the Interior under paragraph (1) each calendar year, the Secretary of Defense shall, for each State or territory, as applicable, deposit in the Treasury of the United States an amount equal to the amount of the royalty payments calculated under that paragraph. (B) Disbursements.--The Secretary of the Interior shall disburse to each State or territory an amount equal to the amount deposited in the Treasury of the United States by the Secretary of Defense for such State or territory pursuant to subparagraph (A) as though the amounts were being disbursed to the State or territory under section 6 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 355). (4) Waiver authority.--On receipt of written notice from the governor of a State or territory consenting to the waiver of any of the requirements of paragraph (1), the Secretary of the Interior shall waive that requirement. (c) Ownership of Facilities.-- (1) In general.--The Secretary of Defense may take ownership of any gas production and treatment equipment and facilities and associated infrastructure from an entity with which the Secretary has entered into a contract under subsection (a)(2) in accordance with the terms of such contract. (2) Responsibility.--With respect to a natural gas well installed on an installation of the Department and subject to this Act, the Secretary of the Interior shall have no responsibility for-- (A) the plugging, abandonment, or reclamation of such well; or (B) any environmental damage caused by or associated with the production of such well. (d) Limitation on Uses.--Natural gas produced pursuant to subsection (a) may be used only to support activities and operations at the installation at which such gas was produced. (e) Safety Standards for Gas Wells.-- (1) In general.--A natural gas well installed on any installation of the Department and subject to this Act shall meet the same technical installation and operating standards required for a natural gas well installed under a lease issued pursuant to the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), including-- (A) the gas measurement requirements under the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.); and (B) the operational standards required by the Bureau of Land Management pursuant to part 3160 of title 43, Code of Federal Regulations (or a successor regulation). (2) Compliance.--With respect to a natural gas well installed on any installation of the Department and subject to this Act-- (A) the Bureau of Land Management shall-- (i) ensure compliance by the Secretary of Defense with the standards described in paragraph (1); and (ii) report any violations of the standards to the Secretary of Defense; and (B) the Secretary of Defense shall take such actions as are necessary to bring the well into compliance with such standards. ______