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entitled 'Oil And Gas Bonds: Bonding Requirements and BLM Expenditures 
to Reclaim Orphaned Wells' which was released on February 26, 2010. 

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Report to Congressional Requesters: 

United States Government Accountability Office: 
GAO: 

January 2010: 

Oil And Gas Bonds: 

Bonding Requirements and BLM Expenditures to Reclaim Orphaned Wells: 

GAO-10-245: 

GAO Highlights: 

Highlights of GAO-10-245, a report to congressional requesters. 

Why GAO Did This Study: 

The Federal Land Policy and Management Act of 1976 directs the 
Department of the Interior (Interior) to manage lands for multiple 
uses while also taking any action to prevent “unnecessary or undue 
degradation” of the land. To do this, Interior’s Bureau of Land 
Management (BLM), among other things, requires oil and gas operators 
to reclaim the land they disturb and post a bond to help ensure they 
do so. Despite these requirements, not all operators perform 
reclamation. If the bond is not sufficient to cover well plugging and 
surface reclamation and there are no responsible or liable parties, 
the well is considered “orphaned,” and BLM uses federal dollars to 
fund reclamation. The 12 western states where most oil and gas 
production occurs and other Interior agencies also require bonds to 
ensure reclamation. 

GAO was asked to (1) determine the number, value, and coverage of 
bonds held by BLM for oil and gas operations; (2) determine the amount 
that BLM has paid to reclaim orphaned wells over the past 20 years and 
the number of orphaned wells BLM has identified but has not yet 
reclaimed; and (3) compare BLM’s bonding requirements for oil and gas 
operations with those the 12 western states use for oil and gas 
operations on state and private lands and other Interior agencies’ 
bonding requirements for other resources. Among other things, GAO 
analyzed BLM data on wells and BLM-held bonds, and interviewed BLM 
officials. 

What GAO Found: 

According to GAO’s analysis of BLM data, as of December 2008, oil and 
gas operators had provided 3,879 bonds, valued at $162 million, to 
ensure compliance with lease terms and conditions for 88,357 wells. 
BLM regulations establish minimum bond amounts: $10,000 for an 
individual lease, $25,000 to cover all leases of a single operator in 
a state, and $150,000 to cover all leases of a single operator 
nationwide. The bond amount for individual leases was set in 1960, 
while the statewide and nationwide bond amounts were set in 1951. 

For fiscal years 1988 through 2009, BLM spent about $3.8 million to 
reclaim 295 orphaned wells in 10 states and has identified an 
additional 144 orphaned wells in 7 states that need to be reclaimed, 
according to BLM. The amount spent per reclamation project varied 
greatly, from a high of $582,829 for a single well in Wyoming in 
fiscal year 2008 to a low of $300 for 3 wells in Wyoming in fiscal 
year 1994. BLM reclamation cost estimates were not available for all 
of the wells it has yet to reclaim, but BLM field office officials 
have completed reclamation cost estimates of approximately $1.7 
million for 102 of the 144 orphaned wells. 

The 12 western states (Alaska, Arizona, California, Colorado, Idaho, 
Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming) 
and other Interior agencies and offices have bonding approaches that 
differ from BLM’s oil and gas bonding requirements. The states 
generally require higher bond amounts than the minimum amounts 
established by BLM regulations for individual and statewide oil and 
gas leases. Regulations governing the extraction or use of other 
federally owned resources generally require bond amounts based on the 
cost of reclamation or use minimum amounts that were established more 
recently than the bond amounts for oil and gas. 

GAO provided a draft of this report to the Department of Interior for 
review and comment. The Department provided technical comments, which 
were incorporated as appropriate. 

Figure: Oil Wells on BLM Land Southwest of Ely, Nevada: 

[Refer to PDF for image: photograph] 

Source: Bureau of Land Management. 

[End of figure] 

View GAO-10-245 or key components. For more information, contact Anu 
K. Mittal, (202) 512-3841 or mittala@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

BLM Holds Nearly 4,000 Bonds, Valued at $162 Million, but Amounts Are 
Based on Regulatory Minimums and Not on Full Reclamation Costs: 

BLM Spent Nearly $4 Million to Reclaim 295 Orphaned Wells since Fiscal 
Year 1988 and Has Identified Another 144 Orphaned Wells to Be 
Reclaimed: 

BLM Oil and Gas Bonding Requirements Differ from States' Requirements 
and from Federal Bonding Requirements for Other Resources: 

Agency Comments and Our Evaluation: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Information on BLM Held Oil and Gas Bonds: 

Appendix III: Information on the Requirements the 12 Western States 
Use for Oil and Gas Bonds: 

Appendix IV: Bonding Requirements for the Extraction of Federally 
Owned Resources, by Agency and Resource: 

Appendix V: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Number of Wells and Leases, by BLM State Office, as of 
December 1, 2008: 

Table 2: Number of Wells, BLM Expenditures to Reclaim Orphaned Wells, 
and States Where Reclamation Occurred, Fiscal Years 1988-2009: 

Table 3: Number of Wells and BLM Expenditures to Reclaim Orphaned 
Wells, by State, Fiscal Years 1988-2009: 

Table 4: Number of Orphaned Wells, Wells with a Reclamation Cost 
Estimate, and Estimated Reclamation Costs, by State: 

Table 5: Number of Orphaned Wells, Number of Wells with a Reclamation 
Cost Estimate, the Estimated Reclamation Costs, and States where the 
Wells Are Located, by Surface Management Agency: 

Table 6: The 12 Western States' Bonding Requirements: 

Table 7: Summary of Bonding Requirements for the Extraction of 
Federally Owned Resources, by Agency: 

Table 8: Number, Total Value, and Average Value of BLM Held Bonds, by 
BLM State Office: 

Table 9: Number of Surety and Personal Bonds, by BLM State Office: 

Table 10: Value of Surety and Personal Bonds Administered by BLM State 
Offices, by State: 

Table 11: Number of Statewide, Nationwide, Individual, and Other Bonds 
Administered by BLM State Offices, by State: 

Table 12: Value of Statewide, Nationwide, Individual, and Other Bonds 
Administered by BLM State Offices, by State: 

Figures: 

Figure 1: Boundaries of the 12 BLM State Offices: 

Figure 2: Number of Wells and Value of Bonds, September 1988 to 
September 2008: 

Figure 3: Individual, Statewide, and Nationwide Current Bond Minimums 
and Adjusted to 2009 Dollars: 

Figure 4: Total Value of All Bond Categories, and Percentage of Total 
Bond Value, as of December 1, 2008: 

Abbreviations: 

AFMSS: Automated Fluid Minerals Support System: 

BLM: Bureau of Land Management: 

FLPMA: Federal Land Policy and Management Act of 1976: 

Interior: Department of the Interior: 

MMS: Mineral Management Service: 

NPR-A: National Petroleum Reserve, Alaska: 

OSM: Office of Surface Mining Reclamation and Enforcement: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

January 27, 2010: 

Congressional Requesters: 

The Federal Land Policy and Management Act of 1976 (FLPMA), as 
amended, directs the Secretary of the Interior to manage federal lands 
for multiple uses, including recreation and mineral extraction, while 
also taking any action required to prevent the "unnecessary or undue 
degradation" of public land, including federal land that has been 
leased for oil and gas operations. Over the past decade, the total 
number of new wells drilled more than doubled, which has raised 
concerns about the impact of these operations on federal land. 
Operators are required to reclaim the leased land in the interest of 
conservation of surface resources.[Footnote 1] Reclamation is intended 
to return land disturbed by oil and gas operations to as close to its 
original condition as is reasonably practical, including reshaping and 
revegetating, removing structures, and plugging wells. 

The Department of the Interior's (Interior) Bureau of Land Management 
(BLM) is responsible for implementing FLPMA on BLM land. To carry out 
this responsibility, BLM, among other things, requires oil and gas 
operators to provide a bond to the agency before beginning certain 
drilling operations under an oil and gas lease.[Footnote 2] These 
bonds are intended to ensure that operators perform the required 
reclamation, as well as the lease's other terms and conditions, such 
as the payment of federal royalties. These bonds may be surety bonds, 
a third-party guarantee that an operator purchases from a private 
insurance company; or personal bonds accompanied by a financial 
instrument, such as a cashier's check or negotiable Treasury security. 
Having operators post bonds to help ensure reclamation after mineral 
production has ceased is a common practice. The 12 western states 
where most oil and gas production occurs also require bonds for oil 
and gas wells on their lands.[Footnote 3] In addition, BLM and other 
Interior agencies require bonds for the extraction of other resources, 
such as gold and coal, which are located on federal land or owned by 
the federal government. 

Although all operators are required to complete reclamation, they do 
not always do so. In these circumstances, BLM may use the bond to help 
defray some of the cost of completing reclamation. If the bond is not 
sufficient to cover well plugging and surface reclamation and there 
are no responsible or liable parties, the well is considered 
"orphaned." these cases, BLM uses appropriated funds to complete the 
reclamation. 

In this context, you asked us to study a range of issues concerning 
BLM's bonding requirements and efforts to ensure that operators 
reclaim their oil and gas operations. This report provides the results 
of the first phase of our work.[Footnote 4] For this phase, we (1) 
determined the number, value, and coverage of bonds held by BLM for 
oil and gas operations;[Footnote 5] (2) determined the amount that BLM 
has paid to reclaim orphaned wells over the past 20 years and the 
number of orphaned wells BLM has identified but has not yet reclaimed; 
and (3) compared BLM's bonding requirements for oil and gas operations 
with the bonding requirements the 12 western states use for oil and 
gas operations on state and private lands and other Interior agencies' 
bonding requirements for other resources. 

To address these objectives, we reviewed federal regulations and BLM 
guidance on bonding for oil and gas leases. We discussed this guidance 
and a broad range of issues related to how BLM oversees bonding for 
oil and gas leases with bonding officials at BLM state offices and 
field offices in Colorado and Wyoming, which have a large number of 
oil and gas wells and administer bonds that account for a significant 
amount of the value of BLM-held bonds. To determine the number of 
bonds, their value, and coverage as of December 2008, we analyzed data 
from BLM's Bonding and Surety System--an electronic system containing 
bond information for oil and gas operations, as well as for other BLM 
resource extraction programs. We also analyzed data from BLM's 
Automated Fluid Minerals Support System (AFMSS)--a database that BLM 
uses to track oil and gas information on public and Indian land. It 
contains data on, among other things, lease ownership, and well 
identification, location, and production. To assess the reliability of 
the data we used from these systems, among other things, we 
electronically tested all fields related to our analysis and met with 
agency officials who administer the systems. We found that these data 
were sufficiently reliable for the purpose of this report. For 
orphaned wells, we obtained information from BLM for fiscal years 1998 
through 2009 on the federal dollars paid to reclaim orphaned wells, 
and the number of orphaned wells and estimated reclamation costs by 
state. We also analyzed state oil and gas bonding regulations, as well 
as federal bonding regulations for the extraction of other resources, 
such as gold and coal, to compare these bonding regulations with BLM's 
bonding regulations for onshore oil and gas operations. Appendix I 
describes our scope and methodology in more detail. 

We performed our work from January 2009 to January 2010 in accordance 
with all sections of GAO's Quality Assurance Framework that are 
relevant to our objectives. The framework requires that we plan and 
perform the engagement to obtain sufficient and appropriate evidence 
to meet our stated objectives and to discuss any limitations in our 
work. We believe that the information and data obtained, and the 
analysis conducted, provide a reasonable basis for our findings. 

Background: 

BLM is responsible for managing, as of July 2008, approximately 700 
million acres of subsurface mineral resources: 655.5 million of these 
acres are not affected by oil and gas production and 44.5 million 
acres are leased for oil and gas operations. Of these 44.5 million 
acres, 11.7 million acres are in oil and gas producing status and 
472,000 acres have surface disturbance related to oil and gas 
production. To manage BLM programs and land, the agency maintains a 
network of state offices, which generally conforms to the boundary of 
one or more states. The state offices are Alaska, Arizona, California, 
Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Wyoming, 
and Eastern States. BLM has little land in the eastern half of the 
United States, consequently, the Eastern States state office, in 
Springfield, Virginia, is responsible for managing land in 31 states. 
Figure 1 shows the boundaries of the 12 BLM state offices. 

Figure 1: Boundaries of the 12 BLM State Offices: 

[Refer to PDF for image: illustration] 

The illustration is a map of the United States depicting state office 
boundaries and state offices. 

Alaska: Anchorage; 
Arizona: Phoenix; 
California: Sacramento; 
Colorado: Denver; 
Eastern States: Springfield, VA; 
Idaho: Boise; 
Montana: Billings; 
Nevada: Reno; 
New Mexico: Santa Fe; 
Oregon: Portland; 
Utah: Salt Lake City; 
Wyoming: Cheyenne. 

Sources: GAO analysis of BLM data; Map Resources (map). 

[End of figure] 

When operators drill oil and gas wells, they typically remove topsoil 
from the well site and lay a well pad, where the drilling rig is 
located. Other equipment on site can include generators and fuel 
tanks. In addition, reserve pits are often constructed to store or 
dispose of water, mud, and other materials that are generated during 
drilling operations, and roads and access ways are often built to move 
equipment to and from the wells. Generally, these activities can 
degrade the environment in three ways: 

* Air quality. Newly graded roads can produce dust, impairing air 
quality and visibility in the immediate area and downwind. Nitrogen 
oxides from diesel engines and compressors used at drilling sites can 
also degrade air quality. 

* Water quality. Water draining off newly graded surfaces and roads or 
oil or water accidentally discharged during oil and gas production can 
increase the amount of sediment, salt, and pollutants discharged into 
rivers and streams, thereby degrading them. In addition, shallow 
aquifers can be polluted if required protective measures are not in 
place, and the production of methane gas from coal beds can deplete 
shallow aquifers that serve as domestic water sources.[Footnote 6] 

* Habitat. A high density of drilling and production equipment can, in 
extreme situations, change the appearance of the landscape from a 
natural setting to an industrial zone. In addition, the noises, 
smells, and lights from trucks, drilling and construction equipment, 
and production facilities can disturb wildlife and people living 
nearby. 

Under FLPMA, BLM must manage federal lands for multiple uses, 
including recreation and mineral extraction, as well as for sustained 
yield. To that end, FLPMA requires BLM to develop resource management 
plans, known as land use plans. In developing its land use plans, BLM 
determines, among other things, which parcels of land will be 
available for oil and gas development. According to BLM officials, 
parties interested in leasing federal minerals submit an Expression of 
Interest or pre-sale offer on those lands they are interested in 
leasing. These are then reviewed and if the lands are eligible to be 
leased, are placed up for competitive oil and gas lease sale. Leases 
can vary in size reaching 2,560 acres for lands in the lower 48 states 
and 5,760 acres for lands in Alaska. 

Operators that have obtained a lease must submit an application for a 
permit to drill to BLM before beginning to prepare land or drilling 
any new oil or gas wells. The complete permit application package is a 
lengthy and detailed set of forms and documents, which, among other 
things, must include proof of bond coverage and a surface use plan of 
operations; this surface use plan must include a reclamation plan that 
details the steps operators propose to take to reclaim the site. 
However, operators generally do not have to submit cost estimates for 
completing the reclamation. 

The Mineral Leasing Act of 1920, as amended, requires that federal 
regulations ensure that an adequate bond or surety is established 
before operators begin to prepare land for drilling. The bond is 
intended to ensure complete and timely reclamation. Accordingly, 
federal regulations require the operator to submit a surety or 
personal bond to BLM, which is intended to ensure compliance with all 
of the lease's terms and conditions, including reclamation 
requirements. Surety bonds are a third-party guarantee that an 
operator purchases from a private insurance company approved by the 
Department of the Treasury, and personal bonds must be accompanied by 
one of the following five financial instruments: 

* certificates of deposit issued by a financial institution whose 
deposits are federally insured; 

* cashier's checks; 

* certified checks; 

* negotiable Treasury securities, including U.S. Treasury notes or 
bonds, with conveyance to the Secretary of the Interior to sell the 
security in case of default in the performance of the lease's terms 
and conditions; and: 

* irrevocable letters of credit that are issued for a specific term by 
a financial institution whose deposits are federally insured, and meet 
certain conditions. 

In reviewing the application for a permit to drill, BLM (1) evaluates 
the operator's proposal to ensure that the proposed drilling plan 
conforms to the land use plan and applicable laws and regulations and 
(2) inspects the proposed drilling site to determine if additional 
site-specific conditions must be addressed before the operator can 
begin drilling. After BLM approves a drilling permit, the operator can 
drill the well and commence production.[Footnote 7] 

After drilling the well, the operator may perform interim reclamation--
the practice of reclaiming surfaces that were disturbed to prepare a 
well for drilling but that are no longer needed. For example, 
operators may need a 10-acre drill pad to safely drill a series of 
wells. However, once the wells are drilled, operators may only need 4 
acres to safely service the wells over their lifetime. In this case, 
the operator could reseed and regrade the 6 acres of the initial pad 
that are no longer needed. While BLM does not generally require 
interim reclamation in all permits it issues, it may decide to add 
interim reclamation as a requirement in drilling permits for specific 
oil and gas developments. 

Final reclamation occurs when an operator determines, and BLM agrees, 
that a well has no economic value. The terms of final reclamation are 
included in the lease and the drilling permit.[Footnote 8] The 
operator must follow the agreed-upon final reclamation plan, including 
plugging the wells, removing all visual evidence of the well and drill 
pad, recontouring the affected land, and revegetating the site with 
native plant species. In general, the goal is to reclaim the well site 
so that it matches the surrounding natural environment to the extent 
possible. BLM then inspects the site to monitor the success of the 
reclamation, a process that typically takes several years. Once BLM 
determines that reclamation efforts have been successful, it approves 
a Final Abandonment Notice.[Footnote 9] 

However, in some circumstances, the operator may delay performing 
reclamation and instead allow the well to remain idle for various 
reasons. For example, expected higher oil and gas prices may once 
again make the well economically viable to operate, or the operator 
may decide to use the well for enhanced recovery operations, for 
example using the well to inject water into the oil reservoir and push 
any remaining oil to operating wells. 

Under BLM policy, the agency must periodically review the status of 
these idle wells to ensure that the operator has legitimate reasons 
for allowing the wells to remain idle. According to BLM officials, the 
primary purpose of idle-well reviews is to ensure that these wells do 
not become orphaned--that is, they lack a bond sufficient to cover 
reclamation costs and there are no responsible or liable parties to 
perform reclamation. 

States have adopted laws and regulations governing oil and gas 
development on state and private lands, including bond and reclamation 
requirements. In addition, other Interior programs and offices that 
are responsible for managing the extraction of other federally owned 
resources have bond and reclamation requirements. Specifically, those 
programs and offices are: 

* BLM Geothermal Resource Leasing. BLM issues leases for the 
development of geothermal resources on federal lands; these resources 
are used to develop electricity by capturing the geothermal heat 
generated in the earth's core. 

* BLM Hardrock Minerals Claims. BLM oversees the process for staking 
claims and extracting hardrock minerals on the lands it manages. These 
minerals are also referred to as locatable minerals and include gold, 
silver, and copper, among others. 

* BLM Mineral Materials Sales. BLM oversees the sale of these 
minerals, such as sand and gravel, from federal lands. These minerals 
are also sometimes referred to as salable minerals. 

* BLM Solid Minerals Leasing. BLM issues leases for the extraction of 
these minerals on federal lands; solid minerals are minerals other 
than coal and oil shale, and include silicates, potash, and phosphate. 
Solid minerals are also sometimes referred to as leasable minerals. 

* Minerals Management Service (MMS) Offshore Oil and Gas Leasing. MMS 
issues leases to develop offshore oil and gas resources in the Gulf of 
Mexico, off the Atlantic coast, and off the Pacific coast states of 
California, Oregon, Washington, and Hawaii. 

* Office of Surface Mining Reclamation and Enforcement (OSM) Coal 
Leasing. OSM regulates the surface mining of coal. States can choose 
to develop their own programs to regulate surface mining if that 
program is in accordance with federal law and approved by OSM. OSM is 
charged with enforcing states' adherence to their approved programs or 
implementing a federal program if the state fails to submit, 
implement, or enforce its program.[Footnote 10] 

BLM Holds Nearly 4,000 Bonds, Valued at $162 Million, but Amounts Are 
Based on Regulatory Minimums and Not on Full Reclamation Costs: 

As of December 2008, oil and gas operators had provided 3,879 surety 
and personal bonds, valued at approximately $162 million, to ensure 
compliance with all lease terms and conditions for 88,357 wells, 
according to our analysis of BLM data. BLM officials told us that the 
bond amounts are generally not based on the full reclamation costs for 
a site that would be incurred by the government if an operator were to 
fail to complete the required reclamation. Rather, the bond amounts 
are based on regulatory minimums intended to ensure that the operator 
complies with all the terms of the lease, including paying royalties 
and conducting reclamation. 

BLM Holds $162 Million in Surety and Personal Bonds for 88,357 Wells: 

As of December 1, 2008, the 88,357 oil and gas wells were covered by 
16,809 leases,[Footnote 11] with 70 percent of all wells located in 
New Mexico and Wyoming. Cumulatively, Wyoming and New Mexico have more 
than four times as many wells as the total number of wells in Utah and 
California, which are the states with the third and fourth most wells 
at 7,388 and 7,215, respectively. Table 1 shows the number of oil and 
gas wells and leases located in the nine BLM state offices. 

Table 1: Number of Wells and Leases, by BLM State Office, as of 
December 1, 2008: 

BLM State Office: New Mexico; 
Number of wells: 31,184; 
Number of leases: 5,664. 

BLM State Office: Wyoming; 
Number of wells: 30,451; 
Number of leases: 6,005. 

BLM State Office: Utah; 
Number of wells: 7,388; 
Number of leases: 1,274. 

BLM State Office: California; 
Number of wells: 7,215; 
Number of leases: 308. 

BLM State Office: Colorado; 
Number of wells: 5,809; 
Number of leases: 1,382. 

BLM State Office: Montana; 
Number of wells: 3,875; 
Number of leases: 1,363. 

BLM State Office: Eastern states; 
Number of wells: 2,122; 
Number of leases: 728. 

BLM State Office: Alaska; 
Number of wells: 176; 
Number of leases: 33. 

BLM State Office: Nevada; 
Number of wells: 137; 
Number of leases: 52. 

BLM State Office: Total; 
Number of wells: 88,357; 
Number of leases: 16,809. 

Source: GAO analysis of BLM data. 

[End of table] 

According to our analysis of BLM's data, as of December 1, 2008, oil 
and gas operators had 3,879 bonds valued at approximately $162 million 
to ensure compliance with lease terms and conditions for 88,357 wells 
on federal land. Fifty-two percent of these bonds--2,086--were surety 
bonds valued at approximately $84 million, and 48 percent--1,793--were 
personal bonds valued at almost $78 million. 

The number of wells and the value of bonds held by BLM have increased 
over the past 20 years. The value of bonds increased from 
approximately $69 million as of September 30, 1988, to approximately 
$164 million as of September 30, 2008, as the number of wells 
increased from almost 50,000 to more than 85,000.[Footnote 12] As 
figure 2 shows, this increase in the number of wells occurred 
primarily in the last decade. 

Figure 2: Number of Wells and Value of Bonds, September 1988 to 
September 2008: 

[Refer to PDF for image: combination vertical bar and line graph] 

Date: 9/30/1988; 
Number of wells: 49,081; 
Value of bonds: $20.0 million. 

Date: 9/30/1993; 
Number of wells: 53,647; 
Value of bonds: $54.4 million. 

Date: 9/30/1998; 
Number of wells: 65,104; 
Value of bonds: $69.8 million. 

Date: 9/30/2003; 
Number of wells: 65,389; 
Value of bonds: $100.9 million. 

Date: 9/30/2008; 
Number of wells: 85,330; 
Value of bonds: $161.0 million. 

Source: GAO analysis of BLM data. 

Notes: 

Total bond values and the number of wells are provided as of the end 
of the fiscal year. 

Value of bonds are presented in current year dollars. 

[End of figure] 

Minimum Bond Amounts Were Last Set in the 1950s and 1960s to Ensure 
Operators Meet Legal Requirements, including Reclamation: 

The Mineral Leasing Act of 1920, as amended, requires that federal 
regulations ensure that an adequate bond or surety is established that 
ensures complete and timely reclamation. Under BLM regulations, bonds 
are conditioned upon compliance with all of the terms and conditions 
of the lease, including but not limited to, paying royalties, plugging 
wells, reclaiming disturbed land, and cleaning up abandoned 
operations. To ensure operators meet legal requirements, including 
reclamation, BLM regulations require them to have one of the following 
types of coverage: 

* individual lease bonds, which are to cover all wells an operator 
drills under one lease;[Footnote 13] 

* statewide bonds, which are to cover all of an operator's leases in 
one state;[Footnote 14] 

* nationwide bonds, which are to cover all of an operator's leases in 
the United States;[Footnote 15] and: 

* other bonds, which include both unit operator bonds that cover all 
operations conducted on leases within a specific unit agreement, 
[Footnote 16] and bonds for leases in the National Petroleum Reserve 
in Alaska (NPR-A).[Footnote 17] 

BLM regulations establish a minimum bond amount in order to ensure 
compliance with all legal requirements and also authorize or require 
BLM to increase the bond amount in certain circumstances. These 
minimum bond amounts were set in the 1950s and 1960s and have not been 
updated. Specifically, the bond minimum of $10,000 for individual 
bonds was last set in 1960, and the bond minimums for statewide bonds--
$25,000--and for nationwide bonds--$150,000--were last set in 1951. If 
adjusted to 2009 dollars, these amounts would be $59,360 for an 
individual bond, $176,727 for a statewide bond, and $1,060,364 for a 
nationwide bond. Figure 3 shows the current amounts set in 1951 and 
1960 and what these amounts would be if adjusted to 2009 dollars. 

Figure 3: Individual, Statewide, and Nationwide Current Bond Minimums 
and Adjusted to 2009 Dollars: 

[Refer to PDF for image: vertical bar graph] 

Bond: Individual bond; 
Bond minimum: $10,000; 
Bond minimum in 2009 dollars: $59,360. 

Bond: Statewide bond; 
Bond minimum: $25,000; 
Bond minimum in 2009 dollars: $176,727. 

Bond: Nationwide bond; 
Bond minimum: $150,000; 
Bond minimum in 2009 dollars: $1,060,364. 

Source: GAO analysis of BLM data. 

[End of figure] 

Of the three primary bond categories--individual, statewide, and 
nationwide--statewide bonds accounted for most of the bonds covering 
oil and gas wells. Figure 4 shows the value and percentage 
distribution of the bonds by type. 

Figure 4: Total Value of All Bond Categories, and Percentage of Total 
Bond Value, as of December 1, 2008: 

[Refer to PDF for image: pie-chart] 

Statewide: $130,219,752: 80%; 
Individual: $12,457,838: 8%; 
Nationwide: $10,231,650: 6%; 
Other[A]: $9,406,169: 6%. 

Source: GAO analysis of BLM data. 

[A] Includes unit and NPR-A bonds. 

[End of figure] 

Appendix II provides more detailed information on the number and value 
of BLM-held bonds by state. 

While BLM regulations set minimum amounts for bonds, they also require 
bonds in an increased amount in certain circumstances and authorize 
BLM to require an increased bond amount when the operator poses a risk 
due to certain factors. First, when an operator who has failed to plug 
a well or reclaim lands in a timely manner that resulted in BLM making 
a demand on a bond in the prior 5 years applies for a new permit to 
drill, BLM must require a bond in an amount equal to the BLM cost 
estimate for plugging the well and reclaiming the disturbed area if 
the cost estimate is higher than the regulatory minimum.[Footnote 18] 
Second, BLM officials may require an increase in the amount of any 
bond when the operator poses a risk due to factors that include, but 
are not limited to, a history of previous violations, a notice from 
MMS that there are uncollected royalties due, or the fact that the 
total cost of plugging existing wells and reclaiming lands exceeds the 
present bond amount based on BLM estimates.[Footnote 19] 

BLM Spent Nearly $4 Million to Reclaim 295 Orphaned Wells since Fiscal 
Year 1988 and Has Identified Another 144 Orphaned Wells to Be 
Reclaimed: 

According to BLM data, the agency spent about $3.8 million to reclaim 
295 orphaned wells in 10 states from fiscal years 1988 through 2009. 
The 10 states where orphaned wells were reclaimed include California, 
Colorado, Montana, New Mexico, North Dakota, Oklahoma, Ohio, Utah, 
West Virginia, and Wyoming. Some of these states, such as Ohio and 
West Virginia, do not currently produce high volumes of oil and gas 
compared with other states in the West, although they did in the late 
1800s and early 1900s. Although reclamation costs averaged $12,788 per 
well, the amount spent to reclaim wells varied by reclamation project, 
state, and fiscal year. For example: 

* Cost per project. The amount spent per reclamation project varied 
from a high of $582,829 for a single well in Wyoming in fiscal year 
2008, to a low of $300 for three wells in Wyoming in fiscal year 1994. 
These variations are due to differences in the amount of surface and 
subsurface disturbance and the amount of effort required to reclaim 
these wells. 

* Number of wells and spending by state. The number of wells reclaimed 
and the amount spent in each state also varied considerably. 
California had the most orphaned wells reclaimed--140 of the 295 wells 
reclaimed, or about 47 percent--while Colorado and West Virginia had 
the fewest, each with 1 reclaimed well. However, over one-third of the 
amount spent to reclaim orphaned wells--about $1.3 million--went 
toward reclaiming 44 wells in Wyoming. 

* Amount spent per year. In the fiscal years that BLM spent funds to 
reclaim orphaned wells, the amount spent in each fiscal year varied 
from a high of $632,829 to reclaim two wells in 2008, to a low of 
$24,962 to reclaim a single well in Ohio in fiscal year 2001. BLM had 
no expenditures to reclaim orphaned wells in fiscal years 1989 through 
1991, 1996 through 1998, or in 2005. BLM officials explained that 
orphaned wells were not reclaimed in those years because the decision 
to do so is left to the discretion of BLM state office officials. 
Further, there is no dedicated budget line item to fund orphaned well 
reclamation; instead, it is dependent on whatever funds are available 
from BLM state offices and the BLM Washington office. 

Table 2 provides a summary of the number of wells reclaimed, the 
expenditures per year, and the states where reclamation occurred by 
year; table 3 shows the number of wells reclaimed and expenditures by 
state. 

Table 2: Number of Wells, BLM Expenditures to Reclaim Orphaned Wells, 
and States Where Reclamation Occurred, Fiscal Years 1988-2009: 

Fiscal year: 1988; 
Wells: 1; 
BLM expenditures: $475,279; 
State where reclamation occurred: North Dakota. 

Fiscal year: 1989; 
Wells: 0; 
BLM expenditures: 0; 
State where reclamation occurred: [Empty]. 

Fiscal year: 1990; 
Wells: 0; 
BLM expenditures: 0; 
State where reclamation occurred: [Empty]. 

Fiscal year: 1991; 
Wells: 0; 
BLM expenditures: 0; 
State where reclamation occurred: [Empty]. 

Fiscal year: 1992; 
Wells: 23; 
BLM expenditures: $565,807; 
State where reclamation occurred: California, Montana, New Mexico, 
Utah, Wyoming. 

Fiscal year: 1993; 
Wells: 26; 
BLM expenditures: $445,253; 
State where reclamation occurred: California, Colorado, Montana, North 
Dakota, Oklahoma, Wyoming. 

Fiscal year: 1994; 
Wells: 74; 
BLM expenditures: $233,223; 
State where reclamation occurred: California, New Mexico, Utah, 
Wyoming. 

Fiscal year: 1995; 
Wells: 22; 
BLM expenditures: $386,033; 
State where reclamation occurred: California, Montana, Ohio. 

Fiscal year: 1996; 
Wells: 0; 
BLM expenditures: 0; 
State where reclamation occurred: [Empty]. 

Fiscal year: 1997; 
Wells: 0; 
BLM expenditures: 0; 
State where reclamation occurred: [Empty]. 

Fiscal year: 1998; 
Wells: 0; 
BLM expenditures: 0; 
State where reclamation occurred: [Empty]. 

Fiscal year: 1999; 
Wells: 15; 
BLM expenditures: $110,516; 
State where reclamation occurred: Ohio, Wyoming. 

Fiscal year: 2000; 
Wells: 1; 
BLM expenditures: $80,987; 
State where reclamation occurred: Utah. 

Fiscal year: 2001; 
Wells: 1; 
BLM expenditures: $24,962; 
State where reclamation occurred: Ohio. 

Fiscal year: 2002; 
Wells: 16; 
BLM expenditures: $106,758; 
State where reclamation occurred: California. 

Fiscal year: 2003; 
Wells: 104; 
BLM expenditures: $250,080; 
State where reclamation occurred: California, Ohio. 

Fiscal year: 2004; 
Wells: 3; 
BLM expenditures: $48,000; 
State where reclamation occurred: Ohio, Utah. 

Fiscal year: 2005; 
Wells: 0; 
BLM expenditures: 0; 
State where reclamation occurred: [Empty]. 

Fiscal year: 2006; 
Wells: 2; 
BLM expenditures: $259,378; 
State where reclamation occurred: Ohio, West Virginia. 

Fiscal year: 2007; 
Wells: 2; 
BLM expenditures: $27,000; 
State where reclamation occurred: Wyoming. 

Fiscal year: 2008; 
Wells: 2; 
BLM expenditures: $632,829; 
State where reclamation occurred: Utah, Wyoming. 

Fiscal year: 2009; 
Wells: 3; 
BLM expenditures: $126,583; 
State where reclamation occurred: Wyoming. 

Fiscal year: Total; 
Wells: 295; 
BLM expenditures: $3,772,688; 
State where reclamation occurred: [Empty]. 

Source: GAO analysis of BLM data. 

[End of table] 

Table 3: Number of Wells and BLM Expenditures to Reclaim Orphaned 
Wells, by State, Fiscal Years 1988-2009: 

State: California; 
Wells: 140; 
BLM expenditures: $624,813. 

State: Colorado; 
Wells: 1; 
BLM expenditures: $8,746. 

State: Montana; 
Wells: 15; 
BLM expenditures: $451,994. 

State: New Mexico; 
Wells: 14; 
BLM expenditures: $93,230. 

State: North Dakota; 
Wells: 2; 
BLM expenditures: $497,852. 

State: Ohio; 
Wells: 19; 
BLM expenditures: $225,168. 

State: Oklahoma; 
Wells: 3; 
BLM expenditures: $18,660. 

State: Utah; 
Wells: 56; 
BLM expenditures: $351,987. 

State: West Virginia; 
Wells: 1; 
BLM expenditures: $211,218. 

State: Wyoming; 
Wells: 44; 
BLM expenditures: $1,289,020. 

State: Total; 
Wells: 295; 
BLM expenditures: $3,772,688. 

Source: GAO analysis of BLM data. 

[End of table] 

BLM has identified an additional 144 orphaned wells on BLM and other 
federal land that need to be reclaimed in seven states. Although BLM 
reclamation estimates were not available for all of these wells, 
officials in BLM field offices have completed reclamation cost 
estimates for 102 of the 144 wells, for a total estimated cost of 
$1,683,490. More than half of these wells for which BLM has estimated 
costs are in Oklahoma--the state with the highest concentration of 
orphaned wells. The estimated reclamation costs in each state differ 
substantially--from an average cost per well in Wyoming of $93,641 to 
a low of $9,100 in Arizona. These differences are due to such factors 
as well age, well depth, the amount of surface disturbance, and costs 
for materials and labor. Table 4 shows the orphaned wells and the 
estimated reclamation costs by state; table 5 shows the wells by 
surface management agency. 

Table 4: Number of Orphaned Wells, Wells with a Reclamation Cost 
Estimate, and Estimated Reclamation Costs, by State: 

State: Arizona; 
Wells: 4; 
Number of wells with a reclamation cost estimate: 4; 
Total estimated reclamation costs: $36,400. 

State: California; 
Wells: 25; 
Number of wells with a reclamation cost estimate: 23; 
Total estimated reclamation costs: $380,000. 

State: New Mexico; 
Wells: 34; 
Number of wells with a reclamation cost estimate: 8; 
Total estimated reclamation costs: $127,900. 

State: Ohio; 
Wells: 9; 
Number of wells with a reclamation cost estimate: 8; 
Total estimated reclamation costs: $154,530. 

State: Oklahoma; 
Wells: 54; 
Number of wells with a reclamation cost estimate: 54; 
Total estimated reclamation costs: $516,455. 

State: Utah; 
Wells: 13; 
Number of wells with a reclamation cost estimate: 0; 
Total estimated reclamation costs: Unknown. 

State: Wyoming; 
Wells: 5; 
Number of wells with a reclamation cost estimate: 5; 
Total estimated reclamation costs: $468,205. 

State: Total; 
Wells: 144; 
Number of wells with a reclamation cost estimate: 102; 
Total estimated reclamation costs: $1,683,490. 

Source: GAO analysis of BLM data. 

[End of table] 

Table 5: Number of Orphaned Wells, Number of Wells with a Reclamation 
Cost Estimate, the Estimated Reclamation Costs, and States where the 
Wells Are Located, by Surface Management Agency: 

Surface management agency: BLM[A]; 
Wells: 134; 
Number of wells with a reclamation cost estimate: 93; 
Total estimated reclamation costs: $1,468,960; 
States: Arizona, California, New Mexico, Oklahoma, Utah, Wyoming. 

Surface management agency: National Park Service; 
Wells: 7; 
Number of wells with a reclamation cost estimate: 7; 
Total estimated reclamation costs: $147,030; 
States: Ohio. 

Surface management agency: Forest Service; 
Wells: 3; 
Number of wells with a reclamation cost estimate: 2; 
Total estimated reclamation costs: $67,500; 
States: California, Ohio. 

Surface management agency: Total; 
Wells: 144; 
Number of wells with a reclamation cost estimate: 102; 
Total estimated reclamation costs: $1,683,490. 

Source: GAO analysis of BLM data. 

[A] Includes split estate lands. 

[End of table] 

In addition, BLM is responsible for reclaiming 67 wells in Alaska that 
are commonly referred to as legacy wells. Unlike orphaned wells, which 
were drilled by private-sector operators, legacy wells were drilled by 
the U.S. Navy and the U.S. Geological Survey from the early 1900s to 
1981 on what was then the Naval Petroleum Reserve No. 4--a 23-million- 
acre roadless area 200 miles north of the Arctic Circle. The wells 
were drilled to evaluate the mineral potential of the area and to test 
arctic oil and gas exploration and engineering practices. In 1976, the 
reserve was renamed the National Petroleum Reserve-Alaska (NPR-A) and 
its administration was transferred to BLM--including responsibility 
for reclaiming those wells drilled prior to the transfer. Because of 
the remote location and difficult weather conditions in the NPR-A, 
mobilizing equipment and personnel to perform reclamation can be 
unusually expensive. For example, BLM estimates that reclaiming one 
well--known as Drew Point #1--will cost $23.6 million, owing in part 
to the well's close proximity--less than 500 feet--to the Arctic 
Ocean, which is eroding the shore nearby. Although estimates are not 
available for reclaiming all 67 of these legacy wells, BLM estimated 
in 2004 that reclaiming 37 high-priority legacy wells would exceed $40 
million.[Footnote 20] 

BLM Oil and Gas Bonding Requirements Differ from States' Requirements 
and from Federal Bonding Requirements for Other Resources: 

Like BLM, states have bonding requirements for oil and gas operations. 
[Footnote 21] However, in most states, bond amounts reflect some of 
the well's characteristics and are generally higher than BLM's minimum 
amounts. The states with regulatory minimum bond amounts not based on 
well characteristics generally have minimum amounts higher than BLM's 
minimum amounts. In addition, federal regulations for other resources 
generally require the bonds to reflect the cost of reclamation or have 
minimum bond amounts that have been more recently established. 

States Have Different Approaches for Determining Bonding Amounts and 
Generally Require Bond Amounts Equal to or Higher Than Those of BLM: 

The 12 western states have bonding requirements for oil and gas 
operations that differ in their approach from BLM's onshore oil and 
gas bonding requirements. The states use bonds that cover either all 
wells in the state (similar to BLM's statewide bond but referred to as 
statewide blanket bonds), multiple wells in the states (referred to as 
blanket bonds), or an individual well. Regarding the amount of bond 
required, the 12 western states generally either use a minimum bond 
amount established by regulation regardless of the well's 
characteristics or determine bond amounts based either on the depth of 
the well(s) or on the total number of wells covered by the bond. The 
latter approach is often more complex than the regulatory minimum 
requirements and triggers increases in bond amounts when certain 
additional factors come into play. For example: 

* For individual wells, Wyoming determines bond amounts based on well 
depth. If the well is less than 2,000 feet deep, the state requires a 
bond of at least $10,000, and if the well is 2,000 feet or deeper, the 
state requires a bond of at least $20,000. For statewide bonds, the 
minimum bond amount is $75,000. However, Wyoming may require an 
additional bond, currently in the amount of $10 per foot of well 
depth, when a well is not producing, injecting, or disposing after an 
operator's total footage of idle wells reaches a certain 
threshold.[Footnote 22] Finally, the amount of this additional bond 
will increase every 3 years in accordance with the percentage change 
in Wyoming consumer price index. 

* For statewide bonds, California uses an approach that considers the 
number of wells and imposes an additional requirement on operators 
with idle wells. If an operator has 50 or fewer wells, then the bond 
amount is set at $100,000; if an operator has more than 50 wells 
exclusive of properly abandoned wells, the bond amount is set at 
$250,000. In addition to these bond amounts, operators must either (1) 
pay an annual fee for each idle well, (2) establish an escrow account 
of $5,000 for each idle well, (3) provide a $5,000 bond per idle well, 
or (4) have filed a management and elimination plan for all long-term 
idle wells. In lieu of complying with this requirement for idle wells, 
operators can post a $1 million statewide bond. 

In contrast, BLM's method for deciding when and how much to increase 
the minimum bond amount is not automatic, unless the operator has 
previously failed to plug a well or reclaim lands; rather, it is based 
on the judgment of field and state office officials. 

Table 6 shows the 12 western states' bonding requirements. 

Table 6: The 12 Western States' Bonding Requirements: 

State: Alaska: Individual well bond; 
Approach for determining the bond amount: Minimum amount[A]. 

State: Alaska: Statewide bond; 
Approach for determining the bond amount: Minimum amount. 

State: Arizona: Individual well bond; 
Approach for determining the bond amount: Based on well depth. 

State: Arizona: Blanket bond; 
Approach for determining the bond amount: Based on number of wells. 

State: California: Individual well bond; 
Approach for determining the bond amount: Based on well depth. 

State: California: Statewide bond; 
Approach for determining the bond amount: Based on number of wells[B]. 

State: Colorado: Individual well bond; 
Approach for determining the bond amount: Based on well depth[C]. 

State: Colorado: Statewide bond; 
Approach for determining the bond amount: Based on number of wells: 
[C]. 

State: Idaho: Individual well bond; 
Approach for determining the bond amount: Minimum amount. 

State: State: Idaho: Statewide bond; 
Approach for determining the bond amount: Minimum amount. 

State: Montana: Individual well bond; 
Approach for determining the bond amount: Based on well depth[C]. 

State: Montana: Blanket bond; 
Approach for determining the bond amount: Minimum amount[D]. 

State: Nevada: Individual well bond; 
Approach for determining the bond amount: Minimum amount. 

State: Nevada: Statewide bond; 
Approach for determining the bond amount: Minimum amount. 

State: New Mexico: Individual well bond; 
Approach for determining the bond amount: Based on well depth. 

State: New Mexico: Statewide bond; 
Approach for determining the bond amount: Minimum amount[E]. 

State: Oregon: Individual well bond; 
Approach for determining the bond amount: Based on well depth. 

State: Oregon: Blanket bond; 
Approach for determining the bond amount: Based on well depth. 

State: Utah: Individual well bond; 
Approach for determining the bond amount: Based on well depth[F]. 

State: Utah: Statewide bond; 
Approach for determining the bond amount: Based on well depth[F]. 

State: Washington: Individual well bond; 
Approach for determining the bond amount: Minimum amount. 

State: Washington: Statewide bond; 
Approach for determining the bond amount: Minimum amount. 

State: Wyoming: Individual well bond; 
Approach for determining the bond amount: Based on well depth. 

State: Wyoming: Statewide bond; 
Approach for determining the bond amount: Minimum amount. 

Total: Individual well bond; 
Approach for determining the bond amount: Minimum amount: 4; 
Approach for determining the bond amount: Based on well depth: 8; 
Approach for determining the bond amount: Based on number of wells: 0. 

Total: Blanket or statewide bond; 
Approach for determining the bond amount: Minimum amount: 7; 
Approach for determining the bond amount: Based on well depth: 2; 
Approach for determining the bond amount: Based on number of wells: 3. 

Source: GAO analysis of state laws and regulations. 

[A] State regulators are authorized to allow bond coverage in a lesser 
amount for a specific well under certain circumstances. 

[B] Bond amounts are based in part on the number of wells covered by 
the bond. 

[C] State regulations establish bond amounts but authorize regulators 
to increase that amount under certain circumstances. 

[D] State regulations set the bond amount at $50,000 but authorize an 
increase to $100,000 when the factual situation warrants it. In 
addition, the state Board of Oil and Gas Conservation can limit the 
number of wells covered by a blanket bond. 

[E] Under state law, statewide bonds cannot exceed $50,000, which is 
the amount specified in the regulation. 

[F] State regulations establish minimum bond amount based on well 
depth but authorize regulators to allow bond coverage in a lesser 
amount for a specific well under certain circumstances and greater 
amounts when the regulatory minimum amount will be insufficient to 
cover the costs of plugging the well and restoring the well site. 

[End of table] 

The 12 western states generally require bond amounts that are at least 
equal to or higher than the minimum amount BLM requires for its 
individual lease and statewide bonds, or determine the bond amount 
based on well depth or number of wells covered by the bond. For 
example: 

* The 4 states that require minimum bond amounts for individual wells 
regardless of well depth--Alaska, Idaho, Nevada, and Washington--set 
minimum bond amounts at $100,000, $10,000, $10,000, and $50,000 per 
well, respectively. Because these bond amounts are required for each 
well, in most circumstances they are generally higher than BLM's 
minimum amount of $10,000 for individual lease bonds since most BLM 
leases have more than one well. 

* The 7 states whose regulations establish a bond amount or minimum 
bond amount for statewide or blanket bonds regardless of a well's 
characteristics--Alaska, Idaho, Montana, Nevada, New Mexico, 
Washington, and Wyoming--have amounts that range from a high of 
$250,000 in Washington to low of $25,000 in Idaho. 

* All states except Alaska, Idaho, Nevada, and Washington determine 
the amount of individual well bonds based, at least in part, on well 
depth. Three of the 9 states whose regulations provide for statewide 
bonds--California, Colorado, Utah--also determine the amount based on 
well depth or the number of wells covered by the bond.[Footnote 23] 
Because of the nature of these approaches, it is difficult to compare 
them with BLM's bonding requirements to determine which would result 
in the higher bond amount. However, these approaches are generally 
more sophisticated than minimum requirements in that they associate 
the bond amount with the amount of drilling, which may reduce the 
potential liability to the states in cases where the operator fails to 
perform the necessary reclamation. 

See appendix III for detailed information on the bonding requirements 
in each of the 12 western states. 

Federal Regulations for Other Resources Generally Require Bond Amounts 
That Cover Reclamation Costs or the Minimum Bond Amounts Have Been 
More Recently Set: 

Regulations governing the extraction of other resources owned by the 
federal government generally require (1) bond amounts that consider 
the cost of reclamation, which reduces the government's potential 
liability for reclamation costs; or (2) use minimum amounts that were 
established more recently than the amounts for BLM oil and gas bonds. 

First, bonding requirements for the extraction of coal and hardrock 
minerals--such as gold, silver, and copper--require operators to post 
bonds that cover the full estimated cost of reclamation. These 
requirements reduce the potential reclamation liability to the federal 
government should the operations fail to perform the necessary 
reclamation. 

Second, for the remaining types of federally owned resources, minimum 
bond amounts are established by regulation. These regulations are 
similar to BLM's regulations; however, these regulatory minimum 
amounts generally have all been established or updated since BLM 
established its current regulatory minimums for oil and gas leases in 
1951 for statewide and nationwide bonds, and in 1960 for individual 
lease bonds. Table 7 provides a summary of the type and amount of 
bonds required for the extraction or use of federally owned resources. 
Additional detail on the structure, amount, and types of bonds 
permitted is contained in appendix IV. 

Table 7: Summary of Bonding Requirements for the Extraction of 
Federally Owned Resources, by Agency: 

Agency and program: BLM Geothermal Resource Leasing; 
Type and amount: Minimum amounts established by regulation:[A]; 
Drilling Operations (established in 1973): 
* Single lease: $10,000; 
* Statewide: $50,000; 
* Nationwide: $150,000; 
Utilization Operations (such as electricity generation): 
* Electrical Generation Facility: $100,000 (established in 1979); 
Direct Use Facility: BLM will specify amount. 

Agency and program: BLM Hardrock Minerals (also known as locatable 
minerals--includes minerals such as gold, silver, and copper); 
Type and amount: Regulations promulgated in 2000 established that the 
bond amount will be based on the estimated costs as if BLM were to 
contract with a third party to reclaim the operations according to the 
reclamation plan. 

Agency and program: BLM Mineral Materials (also known as salable 
minerals--includes materials such as sand and gravel); 
Type and amount: Bond amount based on sales contract amount: 
* No bond is required if contract utilizes a community pit or common 
use area and party pays a reclamation fee. (Established in 1983); 
* For contracts of $2,000 or more, BLM will establish bond amount to 
ensure it is sufficient to meet the contract's reclamation standards. 
However, the amount must be at least $500. (Established in 2001); 
* For contracts of less than $2,000, BLM may require a bond. If BLM 
requires a bond it cannot exceed an amount greater than 20 percent of 
the total contract value. (Established in 1983)[B]. 

Agency and program: BLM Solid Minerals (other than coal and oil shale, 
also known as leasable minerals--includes minerals such as silicates, 
potash, and sulfur); 
Type and amount: Minimum amounts established by regulation: 
* Individual lease: $5,000 (established in 1949 for phosphate, in 1954 
for potassium and sodium, 1956 for sulfur, and in 1984 for all other 
solid minerals other than coal and oil shale, such as vein type solid 
hydrocarbons); 
* Statewide (for a specific mineral): $25,000 (established in 1967 for 
most solid minerals other than coal and oil shale and extended to all 
solid minerals other than coal and oil shale in 1984); 
* Nationwide (for a specific mineral): $75,000 (established in 1984). 

Agency and program: MMS Offshore Oil and Gas Leasing; 
Type and amount: Minimum amounts, determined by the stage of 
development/activity, established by regulation: 
General Lease Bond (established in 1969)[C]: 
* Individual lease: $50,000; 
* Areawide:[D] $300,000; 
Lease Exploration Bond (established in 1993): 
* Individual lease: $200,000; 
* Areawide:[D] $1 million; 
Development and Production Activities Bond (established in 1993):
* Individual lease: $500,000; 
* Areawide:[D] $3 million. 

Agency and program: OSM Coal Leasing[E]; 
Type and amount: Bond amount based on, but not limited to, the 
estimated reclamation costs submitted by the operator or owner and 
reflects the probable difficulty of reclamation. The amount of the 
bond must be sufficient to assure the completion of the reclamation 
plan if the work has to be performed by the regulatory authority. The 
regulatory authority must adjust the bond amount from time to time as 
the area requiring bond coverage is increased or decreased or where 
the cost of future reclamation changes; 
OSM regulations were promulgated in 1983. 

Source: GAO analysis of federal regulations. 

[A] BLM is authorized to increase the bond amount under certain 
circumstances, including when the amount will not cover the estimated 
reclamation cost. 

[B] Prior to 1983, BLM regulations authorized a bond amount for 
contracts less than $2,000 but did not impose a maximum bond amount. 

[C] A general lease bond does not have to be posted if a lease 
exploration or development and production activities bond is posted. 
The latter categories of bonds were established in 1993 because the 
level of the general lease bond coverage could no longer provide 
assurance of safety and effective protection to the environment. 

[D] Areawide bonds cover an operator's or owner's leases in one of 
three areas: (1) the Gulf of Mexico and the area off the Atlantic 
coast; (2) the area offshore the Pacific Coast states of California, 
Oregon, Washington, and Hawaii; and (3) the area off the shore of 
Alaska. 

[E] Under the Surface Mining Control and Reclamation Act of 1977, OSM 
regulates surface coal mining, however, the act also allows states to 
develop their own regulatory program if those programs are in 
accordance with the act's requirements and approved by OSM. States 
with an approved state program and that meet other qualifications can 
enter into a cooperative agreement with the Secretary of the Interior 
to enforce the state's program on federal lands within the state. In 
these cooperative agreements, OSM delegates responsibility for the 
establishment and release of bonds required for surface coal mining 
and reclamation operations on federal lands to the state regulatory 
authority, although OSM must concur in the release. In addition to 
this bond required by OSM or the approved state regulatory authority, 
BLM will not issue a coal lease until the prospective lessee has 
posted a bond. However, these lease bonds do not cover reclamation 
unless the state in which the mining will occur does not have a 
cooperative agreement with the Secretary. 

[End of table] 

Agency Comments and Our Evaluation: 

GAO provided Interior with a draft of this report for its review and 
comment. Interior provided technical comments, which we incorporated 
as appropriate. 

As agreed with your offices, unless you publicly announce the contents 
of this report earlier, we plan no further distribution until 30 days 
from the report date. At that time, we will send copies to interested 
congressional committees; the Secretary of the Interior; and the 
Director of the Bureau of Land Management. The report also is 
available at no charge on the GAO Web site at [hyperlink, 
http://www.gao.gov]. 

If you or your staffs have any questions about this report, please 
contact me at (202) 512-3841 or mittala@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this report. GAO staff who made major 
contributions to this report are listed in appendix V. 

Signed by: 

Anu K. Mittal: 
Director, Natural Resources and Environment: 

List of Requesters: 

The Honorable Jeff Bingaman:
Chairman:
Committee on Energy and Natural Resources:
United States Senate: 

The Honorable Nick Rahall:
Chairman:
Committee on Natural Resources:
House of Representatives: 

The Honorable Jim Costa:
Chairman:
Subcommittee on Energy and Mineral Resources:
Committee on Natural Resources:
House of Representatives: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

This appendix details the methods we used to examine three aspects of 
the Department of the Interior's (Interior) Bureau of Land Management 
(BLM) bonding requirements for BLM oil and gas leases and reclamation 
of oil and gas wells. Specifically, we were asked to (1) determine the 
types, value, and coverage of bonds held by BLM for oil and gas 
operations; (2) determine the amount that BLM has paid to reclaim 
orphaned wells over the past 20 years, and the number of orphaned 
wells BLM has identified but has not yet reclaimed; and (3) compare 
BLM's bonding requirements for oil and gas operations with the bonding 
requirements the 12 western states use for oil and gas operations on 
state and private lands and other Interior agencies' bonding 
requirements for other resources. 

Overall, we reviewed federal regulations and BLM guidance on bonding 
for oil and gas leases, and discussed this guidance and a broad range 
of issues related to how BLM oversees bonding for oil and gas leases 
during interviews with bonding officials at BLM state offices and 
field offices in Colorado and Wyoming--two states that have a large 
number of oil and gas wells and administer bonds that account for a 
significant amount of the value of BLM-held bonds. 

For objective one--to determine the number, value, and coverage of 
bonds, as of December 2008--we analyzed data from BLM's bond and 
surety system, and Automated Fluid Minerals Support System (AFMSS), 
and met with agency officials who administer the systems. From the 
bond and surety system, we received 13 tables from BLM containing 
747,926 records on bonds from June 19, 1925, to December 17, 2008. We 
also received 9 tables containing 106,705 records on wells from 
January 7, 1930, to August 20, 2009 from BLM's AFMSS. Because the bond 
and surety system contains records on bonds that have been terminated 
and do not have any well liability attached, we first determined which 
records contained active bonds. Because bond data were limited to 
records before December 17, 2008, we selected the first day of the 
final month for which we had data, December 1, 2008. We corroborated 
the number of active bonds using a range of different methodologies 
that uses other data in the bond and surety system and confirmed that 
the list of active bonds was sufficiently complete for the purposes of 
our analysis. 

To determine the number of bonds, we selected all active bonds as of 
December 1, 2008, in the bond and surety system and grouped them by 
bond type into surety or personal bonds. BLM's data further identified 
personal bonds as letter of credit, time deposit, Treasury security, 
and guaranteed remittance. We analyzed 43 C.F.R. § 3104.1, which 
addresses bond types, and spoke to BLM officials, before deciding to 
group the various types of personal bonds into a single personal bond 
category. 

To determine the value of bonds, we selected all active bonds as of 
December 1, 2008, in the bond and surety system and grouped them by 
unique bond file number. To calculate the total value of all active 
bonds, we summed the bond amount for all unique bonds. We also grouped 
bonds by bond type and bond coverage type to calculate the value for 
each group. Finally, we grouped all bonds by BLM state office using 
the administrative state field in the bond and surety system and 
summed the amount of all bonds for each BLM state office, as well as 
categorizing bonds by bond type and bond coverage type. 

For bond coverage, we selected active bonds as of December 1, 2008, 
from the bond and surety system and grouped them by the following 
categories: individual, statewide, nationwide, and other. The other 
category included collective (unit), blanket bonds, and bonds for the 
National Petroleum Reserve in Alaska. We analyzed 43 C.F.R. §§ 3104.2- 
3104.4 and spoke with BLM officials to determine the appropriate bond 
coverage type categories, creating the other category for the 6 
percent of bonds not typically used for current wells. 

To determine the number of wells, we received and analyzed data BLM 
generated from the AFMSS database that included records current as of 
August 20, 2009. The set of data received from BLM excluded all wells 
that had been reclaimed prior to this date and whose bonds had been 
released, helping to ensure that our data only included wells that 
required a bond. To have the well data match the bonding data, we 
selected all well records in AFMSS that were drilled before December 
1, 2008. We identified wells using the well's unique American 
Petroleum Institute number, which is assigned when the well is 
drilled. In addition to information on producing wells, the data also 
included information on wells that were shut in (i.e., could return to 
production) and temporarily abandoned (i.e., could be used for a 
purpose other than producing oil or gas). We also grouped these wells 
by their BLM state office using a location field in AFMSS. To 
determine the number of leases, we grouped the number of wells listed 
before December 1, 2008, by unique lease number, and analyzed these 
leases by state using the location field of the lease within AFMSS. 
Because the AFMSS system can generate current data only, our analysis 
excludes those wells that were reclaimed between December 1, 2008, and 
August 20, 2009. Although these wells were not included in our totals, 
we concluded the data were sufficiently reliable for the purpose of 
our analysis, as data published in BLM's Public Land Statistics show 
that only 231 wells were plugged and abandoned in all of fiscal year 
2008.[Footnote 24] We also compared our total number of wells with the 
total number of wells in the fiscal year 2008 BLM Public Land 
Statistics. We determined that the difference between our total for 
December 1, 2008, and BLM's total for September 30, 2008--a difference 
of about 3 percent--did not significantly affect our analysis. 

For figure 2 in the report--the number of wells and value of bonds, 
from September 30, 1988, to September 30, 2008 (the most current date 
for which BLM data were available)--we selected five dates at 5-year 
intervals for the past 20 years, and calculated the total value of all 
bonds using data in the bond and surety system and the number of wells 
from BLM Public Land Statistics. We used the following dates to assess 
coverage: September 30, 2008; September 30, 2003; September 30, 1998; 
September 30, 1993; and September 30, 1988. For each of these dates, 
we selected all active bonds, providing us with those bonds that were 
accepted, but not terminated, before each of the five dates. To 
calculate the total value of these bonds, we grouped unique bonds for 
each of the five dates, and summed the bond amount field in the bond 
and surety system. To calculate well totals, we were limited by the 
dynamic nature of AFMSS, which restricted us from calculating the 
number of active wells for specific dates in the past. Due to this 
limitation, we relied on BLM's Public Land Statistics for the well 
totals for our specified dates. 

For figure 3 in the report--individual, statewide, and nationwide 
current bond minimums adjusted to 2009 dollars--we used the bond 
minimums established in 43 C.F.R. §§ 3104.2, 3104.3 and searched the 
Federal Register to determine the dates the bond minimums were 
established. We then calculated the amount of each bond minimum in 
2009 dollars. 

We reviewed the reliability of the data we used from the bond and 
surety system and AFMSS and found these data sufficiently reliable for 
the purpose of our review, including: total number of bonds, total 
number of wells, number and value of bonds by bond type, number and 
value of bonds by coverage type, number of wells by state, number of 
leases by state, number and value of bonds by state, average value of 
bonds by state office, number and value of bond types by state office, 
and number and value of coverage types by state office. To test the 
sufficiency of the bond and surety system and AFMSS data used to 
calculate the number, types, values, and coverage of bonds, we 
electronically tested the database and conducted interviews with BLM 
staff responsible for the integrity of the data. We also 
electronically tested all fields related to our analysis, including 
tests for null values, duplicate records, accurate relationships 
between code and text fields, and outliers. We also conducted 20 
interviews with BLM staff between December 12, 2008, and November 13, 
2009, on the following topics: data entry, use of data, completeness 
of data, accuracy of data, edit checks, supervisory oversight, 
internal reviews, different data fields, and data limitations. We 
determined that there were no significant issues with the bond and 
surety system and AFMSS data we used to calculate the number, types, 
value, and coverage of bonds. 

To address our second objective--determine how much BLM has paid to 
reclaim orphaned wells over the past 20 years, and how many wells BLM 
has yet to reclaim--we obtained data collected by BLM officials from 
BLM field and state offices. To determine the expenditures for 
reclaiming orphaned wells, we obtained data for fiscal years 1988 
through November 30, 1994, from a 1995 BLM report.[Footnote 25] We 
obtained data through fiscal year 2009 from BLM officials. These data 
included federal dollars paid to reclaim orphaned wells, the number of 
wells reclaimed, and their location. To determine the number of 
orphaned wells yet to be reclaimed, we reviewed BLM's Instructional 
Memorandum No. 2007-192, which directs BLM field office staff to 
report data on orphaned wells to BLM's Washington Office. The 
Instructional Memorandum directs field office staff to complete an 
"Orphaned Well Scoring Checklist" for each orphaned well identified. 
This checklist asks for such information as the well's location; well 
name; and other factors relating to reclamation, such as the well 
depth or estimated reclamation cost. We reviewed these checklists and 
analyzed all available estimated reclamation amounts. We then 
calculated and summarized estimated reclamation cost data by state and 
surface management agency. 

To address our third objective--compare BLM's bonding methods with 
those used by the 12 western states and other Interior agencies--we 
analyzed state oil and gas bonding laws and regulations, as well as 
federal bonding regulations for the extraction or use of other 
federally owned resources. These federal agencies and resources 
included BLM Geothermal Energy, BLM Hardrock Minerals, BLM Mineral 
Materials, BLM Solid Minerals, Mineral Management Service Offshore Oil 
and Gas Leasing, and Office of Surface Mining Reclamation and 
Enforcement Coal Leasing. We summarized the bonding requirements, 
including scope, structure, amount, and method for determining bond 
amounts. 

We conducted our work from January 2009 to January 2010 in accordance 
with all sections of GAO's Quality Assurance Framework that are 
relevant to our objectives. The framework requires that we plan and 
perform the engagement to obtain sufficient and appropriate evidence 
to meet our stated objectives and to discuss any limitations in our 
work. We believe that the information and data obtained, and the 
analysis conducted, provide a reasonable basis for any findings and 
conclusions. 

[End of section] 

Appendix II: Information on BLM Held Oil and Gas Bonds: 

This appendix provides information on BLM held oil and gas bonds from 
BLM's AFMSS and bond and surety systems, including the number, value, 
and average value of all BLM held bonds (table 8); the number and 
value of surety and personal bonds (tables 9 and 10); and the number 
and value of individual, statewide, nationwide, and other bonds 
(tables 11 and 12). 

Table 8: Number, Total Value, and Average Value of BLM Held Bonds, by 
BLM State Office: 

BLM state office: Alaska; 
Number of bonds: 17; 
Total value: $2,625,000; 
Average value: $154,412. 

BLM state office: Arizona; 
Number of bonds: 8; 
Total value: $576,000; 
Average value: $72,000. 

BLM state office: California; 
Number of bonds: 158; 
Total value: $7,773,000; 
Average value: $49,196. 

BLM state office: Colorado; 
Number of bonds: 312; 
Total value: $12,633,419; 
Average value: $40,492. 

BLM state office: Eastern states; 
Number of bonds: 413; 
Total value: $16,759,630; 
Average value: $40,580. 

BLM state office: Montana; 
Number of bonds: 277; 
Total value: $12,592,605; 
Average value: $45,461. 

BLM state office: Nevada; 
Number of bonds: 55; 
Total value: $1,365,000; 
Average value: $24,818. 

BLM state office: New Mexico; 
Number of bonds: 1,297; 
Total value: $40,145,825; 
Average value: $30,953. 

BLM state office: Oregon; 
Number of bonds: 4; 
Total value: $350,000; 
Average value: $87,500. 

BLM state office: Utah; 
Number of bonds: 253; 
Total value: $9,011,653; 
Average value: $35,619. 

BLM state office: Wyoming; 
Number of bonds: 1,085; 
Total value: $58,483,277; 
Average value: $53,902. 

BLM state office: Total; 
Number of bonds: 3,879; 
Total value: $162,315,409; 
Average value: $41,845. 

Source: GAO analysis of BLM data. 

[End of table] 

Table 9: Number of Surety and Personal Bonds, by BLM State Office: 

BLM state office: Alaska; 
Surety bonds: 6; 
Personal bonds: 11. 

BLM state office: Arizona; 
Surety bonds: 1; 
Personal bonds: 7. 

BLM state office: California; 
Surety bonds: 63; 
Personal bonds: 95. 

BLM state office: Colorado; 
Surety bonds: 170; 
Personal bonds: 142. 

BLM state office: Eastern states; 
Surety bonds: 164; 
Personal bonds: 249. 

BLM state office: Montana; 
Surety bonds: 162; 
Personal bonds: 115. 

BLM state office: Nevada; 
Surety bonds: 35; 
Personal bonds: 20. 

BLM state office: New Mexico; 
Surety bonds: 700; 
Personal bonds: 597. 

BLM state office: Oregon; 
Surety bonds: 2; 
Personal bonds: 2. 

BLM state office: Utah; 
Surety bonds: 171; 
Personal bonds: 82. 

BLM state office: Wyoming; 
Surety bonds: 612; 
Personal bonds: 473. 

BLM state office: Total; 
Surety bonds: 2,086; 
Personal bonds: 1,793. 

Source: GAO analysis of BLM data. 

[End of table] 

Table 10: Value of Surety and Personal Bonds Administered by BLM State 
Offices, by State: 

BLM state office: Alaska; 
Surety bonds: $425,000; 
Personal bonds: $2,200,000. 

BLM state office: Arizona; 
Surety bonds: $25,000; 
Personal bonds: $551,000. 

BLM state office: California; 
Surety bonds: $4,150,000; 
Personal bonds: $3,623,000. 

BLM state office: Colorado; 
Surety bonds: $4,379,000; 
Personal bonds: $8,254,419. 

BLM state office: Eastern states; 
Surety bonds: $6,586,000; 
Personal bonds: $10,173,630. 

BLM state office: Montana; 
Surety bonds: $4,679,000; 
Personal bonds: $7,913,605. 

BLM state office: Nevada; 
Surety bonds: $1,030,000; 
Personal bonds: $335,000. 

BLM state office: New Mexico; 
Surety bonds: $19,598,205; 
Personal bonds: $20,547,620. 

BLM state office: Oregon; 
Surety bonds: $50,000; 
Personal bonds: $300,000. 

BLM state office: Utah; 
Surety bonds: $4,364,968; 
Personal bonds: $4,646,685. 

BLM state office: Wyoming; 
Surety bonds: $39,049,056; 
Personal bonds: $19,434,221. 

BLM state office: Total; 
Surety bonds: $84,336,229; 
Personal bonds: $77,979,180. 

Source: GAO Analysis of BLM data. 

[End of table] 

Table 11: Number of Statewide, Nationwide, Individual, and Other Bonds 
Administered by BLM State Offices, by State: 

BLM state office: Alaska; 
Statewide: 13; 
Nationwide: 1; 
Individual: 0; 
Other[A]: 3. 

BLM state office: Arizona; 
Statewide: 7; 
Nationwide: 0; 
Individual: 0; 
Other[A]: 1. 

BLM state office: California; 
Statewide: 89; 
Nationwide: 8; 
Individual: 10; 
Other[A]: 51. 

BLM state office: Colorado; 
Statewide: 230; 
Nationwide: 26; 
Individual: 13; 
Other[A]: 43. 

BLM state office: Eastern states; 
Statewide: 215; 
Nationwide: 57; 
Individual: 119; 
Other[A]: 22. 

BLM state office: Montana; 
Statewide: 189; 
Nationwide: 23; 
Individual: 16; 
Other[A]: 49. 

BLM state office: Nevada; 
Statewide: 26; 
Nationwide: 7; 
Individual: 3; 
Other[A]: 19. 

BLM state office: New Mexico; 
Statewide: 911; 
Nationwide: 210; 
Individual: 96; 
Other[A]: 80. 

BLM state office: Oregon; 
Statewide: 4; 
Nationwide: 9; 
Individual: 9; 
Other[A]: 0. 

BLM state office: Utah; 
Statewide: 150; 
Nationwide: 30; 
Individual: 10; 
Other[A]: 63. 

BLM state office: Wyoming; 
Statewide: 718; 
Nationwide: 31; 
Individual: 260; 
Other[A]: 76. 

BLM state office: Total; 
Statewide: 2,552; 
Nationwide: 393; 
Individual: 527; 
Other[A]: 407. 

Source: GAO Analysis of BLM data. 

[A] Other includes the following bond coverage types: blanket bond, 
collective (Unit), and NPR-A (National Petroleum Reserve, Alaska). 

[End of table] 

Table 12: Value of Statewide, Nationwide, Individual, and Other Bonds 
Administered by BLM State Offices, by State: 

BLM state office: Alaska; 
Statewide: $2,100,000; 
Nationwide: $300,000; 
Individual: 0; 
Other[A]: $225,000. 

BLM state office: Arizona; 
Statewide: $575,000; 
Nationwide: 0; 
Individual: 0; 
Other[A]: $1,000. 

BLM state office: California; 
Statewide: $5,725,000; 
Nationwide: $395,000; 
Individual: $283,000; 
Other[A]: $1,370,000. 

BLM state office: Colorado; 
Statewide: $10,687,056; 
Nationwide: $560,000; 
Individual: $516,363; 
Other[A]: $870,000. 

BLM state office: Eastern states; 
Statewide: $12,615,630; 
Nationwide: $1,105,000; 
Individual: $2,765,000; 
Other[A]: $274,000. 

BLM state office: Montana; 
Statewide: $10,502,605; 
Nationwide: $745,000; 
Individual: $355,000; 
Other[A]: $990,000. 

BLM state office: Nevada; 
Statewide: $720,000; 
Nationwide: $220,000; 
Individual: $100,000; 
Other[A]: $325,000. 

BLM state office: New Mexico; 
Statewide: $31,060,354; 
Nationwide: $5,374,300; 
Individual: $2,124,171; 
Other[A]: $1,587,000. 

BLM state office: Oregon; 
Statewide: $350,000; 
Nationwide: 0; 
Individual: 0; 
Other[A]: 0. 

BLM state office: Utah; 
Statewide: $6,675,218; 
Nationwide: $753,350; 
Individual: $175,000; 
Other[A]: $1,408,085. 

BLM state office: Wyoming; 
Statewide: $49,208,889; 
Nationwide: $779,000; 
Individual: $6,139,304; 
Other[A]: $2,356,084. 

BLM state office: Total; 
Statewide: $130,219,752; 
Nationwide: $10,231,650; 
Individual: $12,457,838; 
Other[A]: $9,406,169. 

Source: GAO Analysis of BLM data. 

[A] Other includes the following bond coverage types: blanket bond, 
collective (Unit), and NPR-A (National Petroleum Reserve, Alaska). 

[End of table] 

[End of section] 

Appendix III: Information on the Requirements the 12 Western States 
Use for Oil and Gas Bonds: 

State: Alaska; 
Scope of bond: To ensure that each well is drilled, operated, 
maintained, repaired, and abandoned (plugged) and each location is 
cleared in accordance with state laws and regulations[A]; 
Approach: 
* Single well bond; 
* Blanket bond covering all of the operator's wells in the state; 
Amount: Single well bond: 
* Not less than $100,000, unless the applicant demonstrates that the 
cost of well abandonment (plugging) and location clearance will be 
less than $100,000; 
Blanket bond: 
* Not less than $200,000; 
Types permitted: 
* Surety bond by an authorized insurer who is in good standing; 
* Personal bond and security in the form of (1) a certificate of 
deposit, (2) irrevocable letter of credit, or (3) an otherwise 
adequate security. 

State: Arizona; 
Scope of bond: Conditioned on drilling, plugging dry or abandoned 
wells, repairing wells causing waste or pollution, maintaining and 
restoring well sites, and acting in accordance with the applicable 
laws and regulations; 
Although the state Oil and Gas Conservation Commission is authorized 
to issue a rule requiring an additional bond if the surface landowner 
is not in a contractual relationship with drilling permittee, no such 
rule has been issued; 
Approach: 
* Individual well bond; 
* Blanket bond to cover multiple wells; 
Amount: Individual well bond: 
* $10,000 for wells 10,000 feet or less deep; 
* $20,000 for wells deeper than 10,000 feet; 
Blanket bond: 
* $25,000 for 10 or fewer wells; 
* $50,000 for more than 10 but fewer than 50 wells; 
* $250,000 for 50 or more wells; 
Types permitted: 
* Surety bond by a corporate surety authorized to do business in 
Arizona; 
* Certified check; 
* Certificate of deposit from a bank whose deposits are federally 
insured. 

State: California; 
Scope of bond: Conditioned on compliance with all statutory 
requirements for drilling, redrilling, deepening, or permanently 
altering the casing of the well[B]; 
Approach: 
* Individual indemnity bond; 
* Blanket indemnity bond covering all wells in the state; 
* Idle well indemnity bond; 
Amount: 
Individual indemnity bond: 
* $15,000 for wells less than 5,000 feet deep; 
* $20,000 for wells at least 5,000 feet deep but less than 10,000 feet 
deep; 
* $30,000 for each well 10,000 or more feet deep; 
Blanket indemnity bond: 
* $250,000 plus the idle well bond. If a bond was provided prior to 
Jan. 1, 1999, its amount must be increased by a minimum of $30,000 per 
year beginning on Jan. 1, 2000, until the bond reaches $250,000; 
* $100,000 plus the idle well bond for operators having 50 or fewer 
wells, exclusive of properly abandoned wells; 
* $1 million dollars; 
Idle well indemnity bond: 
* $5,000 per well, if the operator chooses to post a bond rather than 
pay an annual fee, open an escrow account, or have filed a management 
plan by July 1, 1999; 
Types permitted: 
* Indemnity bond; 
* Certificate of deposit that (1) does not exceed the federally 
insured amount, (2) is insured, and (3) is issued by a bank or savings 
association authorized to do business in California; 
* Savings accounts and evidence of the deposit in the account. The 
account cannot exceed the federally insured amount, must be federally 
insured and with a bank authorized to do business in California; 
* Investment certificates or share accounts issued by savings 
associations authorized to do business in California. The account's 
balance cannot exceed the federally insured amount and must be insured; 
* Certificates for funds or share accounts issued by credit unions 
whose share deposits are guaranteed. The account's balance cannot 
exceed the guaranteed amount. 

State: Colorado; 
Scope of bond: Every operator must provide assurance that it is 
financially capable of fulfilling applicable requirements (1) to 
protect the health, safety, and welfare of the general public in the 
conduct of the oil and gas operations; (2) to ensure proper 
reclamation of the land and soil affected by oil and gas operations 
and to ensure the protection of the topsoil of said land during such 
operations; and (3) associated with terminating operations and 
permanent closure; 
Approach: (1) Surface Owner Protection Financial Assurance: individual 
well or statewide blanket bond; To protect surface owners who are not 
parties to a lease or other agreement with the operator from 
unreasonable crop loss or land damage; (2) Soil Protection, Plugging, 
Abandonment and Site Reclamation Financial Assurance: individual or 
statewide blanket bond; 
Amount: The Oil and Gas Conservation Commission has the authority to 
increase any of these amounts for an operator under certain 
circumstances[C]; 
(1) Surface Owner Protection: 
Individual well: 
* $2,000 per well for non-irrigated land; 
* $5,000 per well for irrigated land. 
Statewide: 
* $25,000; 
(2) Soil Protection, Plugging, Abandonment and Site Reclamation[D]: 
Individual well bond: 
* $10,000 per well for wells less than 3,000 feet deep; 
* $20,000 per well for wells greater than or equal to 3,000 feet deep; 
Statewide bond: 
* $60,000 for less than 100 wells; 
* $100,000 for 100 or more wells; 
If the operator has excess inactive wells[E], the financial assurance 
amount increases by: 
* $10,000 for each excess inactive well less than 3,000 feet deep; 
* $20,000 for each excess inactive well greater than or equal to 3,000 
feet deep; 
The Commission can modify or waive this increase if the operator 
submits a plan for (1) returning the wells to production in a timely 
manner or (2) plugging and abandoning the wells on an acceptable 
schedule; 
Additional finance assurances required for off-site, centralized 
exploration and production waste management facility and seismic 
operations: 
Types permitted: 
* Demonstration that operator has sufficient net worth to guarantee 
performance, which the Commission must review annually; 
* Certificate of general liability insurance; 
* Bond or other surety instrument; 
* Letter of credit; 
* Certificate of deposit; 
* Other financial instrument; 
* Escrow account or sinking fund; 
* Lien or other security interest in real or personal property of the 
operator that is acceptable to the Commission and reviewed annually. 

State: Idaho; 
Scope of bond: Conditioned upon compliance with the legal and 
regulatory requirements for drilling, maintaining, operating, and 
plugging of each oil and gas well; 
Approach: 
* Individual well bond; 
* Statewide blanket bond; 
Amount: Individual bond of not less than $10,000 per well; 
Blanket bond of not less than $25,000 for all wells in the state; 
Separate bond requirements govern wells on state and school lands; 
Types permitted: 
* Surety bond by a corporate surety authorized to do business in Idaho; 
* Cash. 

State: Montana; 
Scope of bond: Conditioned on properly plugging each dry or abandoned 
well and restoring the surface of the location; 
Approach: 
* Single well bond; 
* Multiple well bond; 
Amount: 
Single well bond: 
* $1,500 if the well's depth is 2,000 feet or less. The Board of Oil 
and Gas Conservation can increase the bond requirement to $3,000 under 
certain circumstances[F]; 
* $5,000 if the well's depth is greater than 2,000 feet and less than 
3,501 feet. The Board can increase this amount to $10,000 under 
certain circumstances[G]; 
* $10,000 where the well's depth is 3,501 feet or more. The Board can 
increase this amount to $20,000 under certain circumstances[H]; 
Multiple well bonds: 
* $50,000. The Board can increase this amount to $100,000 under 
certain circumstances and/or limit the number of multiple wells that 
can be covered by a multiple bond.[I] If existing wells are covered by 
a bond with an amount less than $25,000, the owner or operator must 
increase coverage to $25,000; 
Types permitted: 
* Surety bond issued from a company licensed to do business in Montana; 
* Federally insured certificate of deposit held by a Montana bank; 
* Letter of credit issued by a Montana commercial bank whose deposits 
are FDIC insured. 

State: Nevada; 
Scope of bond: Conditioned on (1) dry or abandoned well being plugged 
in accordance with state regulations and (2) operation and repair of 
well in a manner that does not cause waste; 
Approach: 
* Individual well bond; 
* Blanket statewide bond; 
Amount: 
Individual well bond of not less than $10,000; 
Blanket statewide bond of not less than $50,000; 
Types permitted: 
* Bond issued by a corporate surety authorized to do business in 
Nevada and approved by the state regulatory agency; 
* Cash deposit; 
* Savings certificate or time certificate of deposit issued by a bank 
or savings or loan association in Nevada. 

State: New Mexico; 
Scope of bond: Conditioned on the well being plugged and abandoned and 
the location restored and remediated in compliance with applicable 
rules. The financial assurance is not to secure payment for damages to 
livestock, range, crops or tangible improvements or any other purpose; 
Approach: 
* One-well financial assurance[J]; 
* Blanket financial assurance for all wells statewide[K]; 
Amount: One-well financial assurance: 
* $5,000 plus $1 per foot of well depth in certain counties; 
* $10,000 plus $1 per foot of well depth in all other counties; 
Blanket financial assurance: 
* $50,000; 
Wells that have been in temporary abandonment for more than 2 years 
must be covered by a one-well financial assurance, unless the well is 
shut-in because of the lack of a pipeline connection; 
Types permitted: 
* Irrevocable letter of credit that meets certain conditions; 
* Cash deposited into a federally insured account in New Mexico; 
* Surety bond that meets certain conditions; 
* Insurance policy that meets certain requirements. 

State: Oregon; 
Scope of bond: Bond will not be released unless well has been properly 
abandoned, including site reclamation; 
Approach: 
* Single well bond; 
* Blanket bond for multi-well operations; 
Amount: 
Single well bond: 
* $10,000 for wells less than 2,000 feet deep; 
* $15,000 for wells between 2,000 and 5,000 feet deep; 
* $25,000 for wells greater than 5,000 feet deep; 
Blanket bond: 
* Amount equals the sum of individual bonds required for the wells, 
although some wells might be excluded from this calculation[L]; 
* Minimum amount of $100,000; 
Types permitted: 
* Surety bond; 
* The Department of Geology and Mineral Industries has the discretion 
to accept an irrevocable letter of credit or other form of financial 
security. 

State: Utah; 
Scope of bond: Conditioned upon the operator plugging each dry or 
abandoned well, repairing each well causing waste or pollution, and 
maintaining and restoring the well site; 
Approach: 
* Individual well bond; 
* Statewide blanket bond; 
Amount: 
Individual well bond: 
* At least $1,500 for a well less than 1,000 feet deep; 
* At least $15,000 for a well more than 1,000 feet deep but less than 
3,000 feet deep; 
* $30,000 for a well more than 3,000 feet deep but less than 10,000 
feet deep; 
* At least $60,000, for wells more than 10,000 feet deep; 
Blanket Bond: 
* At least $15,000 for wells less than 1,000 feet deep; 
* At least $120,000 for wells more than 1,000 feet deep; 
If the Division determines that these amounts will be insufficient to 
cover the costs of well plugging and site restoration, a change in the 
form or amount of bond coverage may be required; 
The Board has the discretion to allow bond coverage in a lesser amount 
for a specific well; 
If the Division finds that a well is violating regulatory requirements 
for shut-in and temporarily abandoned wells, the required bond amount 
increases to the cost of actual plugging and site restoration costs; 
Types permitted: 
* Surety bond with performance guarantee of a corporation that meets 
certain requirements; 
* Collateral bond supported by one or more of the following: (1) a 
cash account at a federally insured bank authorized to do business in 
Utah or with the Division that does not exceed the FDIC insurance 
limits; (2) negotiable bonds of the United States, a state, or 
municipality; (3) negotiable certificates of deposit issued by a 
federally insured bank authorized to do business in Utah that do not 
exceed FDIC insurance limits; (4) irrevocable letter of credit that 
meets certain requirements. Since July 1, 2003, operators who want to 
establish a new blanket bond that consists either fully or partially 
of a collateral bond must be qualified by the Division first[M]; 
* A combination of a surety and collateral bond. 

State: Washington; 
Scope of bond: Conditioned on plugging each dry or abandoned well, 
reclaiming and cleaning up the well drilling site, repairing wells 
that cause waste, and complying with all applicable laws, regulations, 
orders, and permit conditions, including regulations and guidelines 
for reclamation of land impacted by oil and gas drilling and 
production activities; 
Approach: 
* Individual well bond; 
* Statewide blanket bond; 
Amount: 
Individual well bond: 
* Not less than $50,000 for most wells; 
* $20,000 for wells less than 2,000 feet deep drilled solely to obtain 
subsurface geological data; 
Statewide blanket bond: 
* Not less than $250,000; 
Types permitted: 
* Surety bond that meets certain requirements; 
* Cash deposit; 
* Savings account assigned to the state; 
* Certificate of deposit in a Washington bank and guarantee of payment 
of the principal in the event penalties are assessed for early 
redemption; 
* Letter of credit from bank acceptable to the State Oil and Gas 
Supervisor. 

State: Wyoming; 
Scope of bond: Conditioned on (1) the well being operated and 
maintained so as not to cause waste or damage to the environment; 
(2) plugging each permanently abandoned well in accordance with 
regulations; (3) reclamation of area affected by the oil or gas 
operations; and (4) compliance with all applicable laws, regulations, 
and orders[N]; 
Approach: 
* Individual well bond; 
* Statewide blanket bond; 
* Split estate bonds; 
To secure payment of damages to the surface owner. Instead of posting 
a bond, the operator can execute an agreement with a surface owner (1) 
addressing compensation for damages to land and improvements; 
or (2) waiving the surface owner's right to seek damages; 
Amount: 
The state Oil and Gas Conservation Commission can increase the amounts 
listed below after notice and a hearing if good cause can be shown; 
Individual well: 
* Minimum amount of $10,000 for wells less than 2,000 feet deep; 
* Minimum amount of $20,000 for wells 2,000 feet or more deep; 
Blanket bond: 
* Minimum amount of $75,000[O]; 
Idle well bond increase: 
An increased bond level up to $10 per foot may be required for each 
idle well once the operator's total footage of idle wells exceeds a 
certain threshold; The level of additional bonding will increase every 
3 years in accordance with the percentage change in the Wyoming 
consumer price index; The operator can request a different bonding 
level based on evaluation of specific well conditions and 
circumstances; In lieu of additional bonding, the supervisor may 
accept a detailed plan of operation which includes a time schedule to 
permanently plug and abandon idle wells; 
Split estate bonds; 
* Individual well bond of not less than $2,000 per well on the land; 
* Blanket bond amount is determined by the oil and gas supervisor; 
The state's oil and gas supervisor has discretion in establishing the 
amount of these bonds; 
Types permitted: 
* Surety bond; 
* Cashier's check and binding, first-priority pledge agreement; 
* Certificate of deposit for an initial term of not less than 1 year 
that renews automatically and a binding, first-priority pledge 
agreement; 
* Letter of credit issued by an FDIC-insured bank with an initial 
expiration date of not less than 1 year from date of issuance and that 
is automatically renewed. 

Source: GAO analysis of state laws and regulations. 

[A] The bond or bond and security remain in effect until the 
abandonment of all the wells covered by them and the Alaska Oil and 
Gas Conservation Commission approves final clearance of the locations. 

[B] The bond should secure the state against all losses, charges, and 
expenses incurred by it to obtain such compliance. 

[C] When the Oil and Gas Conservation Commission’s Director has 
reasonable cause to believe that the Commission may become burdened 
with the costs of fulfilling an operator’s statutory requirements 
because (1) the operator has demonstrated a pattern of noncompliance 
with oil and gas regulations in Colorado or other states; (2) special 
geologic, environmental, or operational circumstances exist which make 
the plugging and abandonment of particular wells more costly; or (3) 
other special and unique circumstances exist, he may petition the 
Commission for an increased financial assurance. 

[D] All wells whose financial assurances were posted prior to April 1, 
2009, must have had financial assurances that meet these requirements 
by July 1, 2009. 

[E] An operator has excess inactive wells if its inactive well count 
exceeds the operator’s financial assurance amount divided by (1) 
$10,000 for inactive wells less than 3,000 feet deep or (2) $20,000 
for inactive wells greater than or equal to 3,000 feet deep. 

[F] The bond amount can be increased when the Board finds that the 
factual situation warrants such an increase in order for the owner or 
operator to comply with the Board’s rules. 

[G] The bond amount can be increased when the Board finds that the 
factual situation warrants such an increase in order for the owner or 
operator to comply with the Board’s rules. 

[H] The bond amount can be increased when the Board finds that the 
factual situation warrants such an increase in order for the owner or 
operator to comply with the Board’s rules. 

[I] The bond amount can be increased when the Board finds that the 
factual situation warrants such an increase in order for the owner or 
operator to comply with the Board’s rules. 

[J] The Oil Conservation Commission was required to establish this 
financial assurance in amounts determined sufficient to reasonably pay 
the cost of plugging the well, considering the depth of the well, 
among other things. 

[K] The counties are: Chaves, Eddy, Lea, McKinley, Rio Arriba, 
Roosevelt, Sandoval, and San Juan. 

[L] The following wells may be excluded from this computation: (1) 
wells that have a gross annual wellhead production during the past 12 
months that is greater than the amount of the required individual well 
bond and (2) wells that have been used as disposal or service wells in 
the past 12 months. 

[M] Qualification consists of the Division finding, as evidenced by 
audited financial statements for the previous 2 years and the most 
current quarterly financial report, that the operator’s ratio of (1) 
current assets to current liabilities is 1.20 or greater; and (2) 
total liabilities to stockholder’s equity is 2.50 or less. 

[N] Site reclamation must be initiated within 1 year of permanent 
abandonment of the well or last use of a pit. Reclamation must be 
completed in accordance with the landowner’s reasonable requests 
and/or resemble the original vegetation and contour of adjoining 
lands. All disturbed state lands must be recontoured and reseeded in 
accordance with Commission regulations unless the Office of State 
Lands and Investments approves otherwise. 

[O] Operators with blanket bonds of $25,000 in place prior to July 1, 
2000, do not need to increase their bond coverage or post additional 
coverage. 

[P] The total footage of idle wells threshold is 2,500 feet or 7,500 
feet depending on the level of blanket bond in place. An idle well is 
one which is not producing, injecting, or disposing. 

[End of table] 

[End of section] 

Appendix IV: Bonding Requirements for the Extraction of Federally 
Owned Resources, by Agency and Resource: 

Agency and resource being extracted: Office of Surface Mining 
Reclamation and Enforcement (OSM) Coal Leasing; 
Scope of bond: Conditioned upon compliance with all applicable laws, 
regulations, the permit, and regulatory program, including the 
reclamation plan; 
Approach: 
* Performance bond for the entire permit area; 
* Cumulative bond schedule and the performance bond required for full 
reclamation of the initial area to be disturbed; 
* Incremental bond schedule and the performance bond required for the 
first increment in the schedule; 
* Alternative bonding system if it achieves certain objectives and 
purposes; 
Amount: 
* The amount of the bond required for each bonded area shall (1) be 
determined by the regulatory authority; (2) depend upon the 
requirements of the approval permit and reclamation plan; (3) reflect 
the probable difficulty of reclamation, given consideration to such 
factors as topography, geology, hydrology, and revegetation potential; 
and (4) be based on, but not limited to, the estimated cost submitted 
by the permit applicant; 
* The amount of the bond shall be sufficient to assure the completion 
of the reclamation plan if the work has to be performed by the 
regulatory authority in the event of forfeiture; 
* In no case shall the total bond initially posted for the entire area 
under one permit be less than $10,000; 
* The regulatory authority must adjust the bond amount from time to 
time as the area requiring bond coverage is increased or decreased or 
where the cost of future reclamation changes; 
Types permitted: 
* Surety bond that meets certain requirements; 
* Collateral bond (including cash; cash accounts that do not exceed 
FDIC insurable limits; certificates of deposit that do not exceed FDIC 
insurable limits and meet other requirements; a first mortgage, first 
deed of trust, or perfected first-lien security interest in real 
property; and irrevocable letters of credit that meet certain 
requirements); 
* Self-bond (indemnity agreement executed by the applicant or the 
applicant and a corporate guarantor that meets certain requirements); 
* A combination of any of these types. 

Agency and resource being extracted: Minerals Management Service (MMS) 
Offshore Oil and Gas Leasing; 
Scope of bond: To guarantee compliance with all terms and conditions 
of the lease, including structure removal and site clearance; 
Approach: 
* Lease specific bond; 
* Areawide bond[A]; 
Amount: Amount of bond is determined by stage of development/activity. 
Posting a lease exploration bond exempts owner/operator from posting a 
general lease bond. Posting a development and activities bond exempts 
the owner/operator from posting a general lease bond and lease 
exploration bond; 
General lease bond: 
* $50,000 lease specific bond; 
* $300,000 areawide bond; 
Lease exploration bond: 
* $200,000 lease specific bond; 
* $1 million areawide bond; 
Development and production activities bond: 
* $500,000 lease specific bond[B]; 
* $3 million areawide bond; 
Additional security: MMS can require an additional security if it 
determines that it is necessary to ensure compliance. Such a 
determination is based on an evaluation of the lessee's ability to 
carry out present and future financial obligations[C]; In lieu of an 
additional bond, MMS may authorize the lessee to establish a lease- 
specific abandonment account or third-party guarantee; 
Types permitted: 
* Surety bond issued by a surety company approved by the Department of 
the Treasury (Treasury); 
* Treasury securities[D]; 
* Alternative types of securities provided the MMS Regional Director 
determines that the alternative protects the interest of the United 
States to the same extent as the required bond[E]; 
* A combination of these types. 

Agency and resource being extracted: BLM Onshore Oil and Gas; 
Scope of bond: To ensure compliance with the Mineral Leasing Act of 
1920 as amended, including complete and timely plugging of the 
well(s), reclamation of the lease area(s), and the restoration of any 
lands or surface waters adversely affected by lease operations; 
Approach: 
* Individual lease bond; 
* Statewide bond; 
* Nationwide bond; 
Amount: 
* Individual lease: not less than $10,000; 
* Statewide: not less than $25,000; 
* Nationwide: not less than $150,000; 
If an operator has forfeited a financial assurance in the previous 5 
years because of failure to plug a well or reclaim lands in a timely 
manner, BLM must require a bond in an amount equal to the estimated 
costs of plugging the well and reclaiming the disturbed area before 
approving an application for a permit to drill; BLM has the authority 
to require an increase in the bond amount whenever it determines that 
the operator poses a risk due to factors including, but not limited 
to, a history of previous violations, a notice from MMS that there are 
uncollected royalties due, or that total cost of plugging existing 
wells and reclaiming lands exceeds the present bond amount[F]; 
Types permitted: 
* Surety bond issued by a qualified surety company approved by 
Treasury; 
* Personal bonds accompanied by (1) certificate of deposit issued by 
an institution whose deposits are federally insured; (2) cashier's 
check; (3) certified check; (4) negotiable Treasury securities; or (5) 
irrevocable letter of credit that meets certain conditions. 

Agency and resource being extracted: BLM National Petroleum Reserve, 
Alaska (NPR-A); 
Scope of bond: To ensure compliance with the all the lease terms, 
including rentals and royalties, conditions, and stipulations; 
Approach: 
* Individual lease bond; 
* Reserve-wide bond; 
Amount: 
* Individual lease: $100,000; 
* Reserve-wide $300,000 (either as a rider to existing nationwide bond 
or a separate bond); 
Types permitted: 
* Surety bond issued by a qualified surety company approved by 
Treasury; 
* Personal bonds secured by (1) certificate of deposit issued by an 
institution whose deposits are federally insured; (2) cashier's check; 
(3) certified check; (4) negotiable Treasury securities; or (5) 
irrevocable letter of credit that meets certain conditions. 

Agency and resource being extracted: BLM Geothermal Energy; 
Scope of bond: To cover (1) any activities related to exploration, 
drilling, utilization, or associated operations on a federal lease; 
(2) reclamation of the surface and other resources; (3) rental and 
royalty payments; (4) compliance with applicable laws, regulations, 
notices, orders, and lease terms; 
Approach: 
* Individual lease bond; 
* Statewide activity bond; 
* Nationwide activity bond; 
Amount: 
BLM has the authority to increase the following bond amounts when (1) 
the operator has a history of noncompliance; (2) BLM previously made a 
claim against a surety company because someone covered by the current 
bond failed to plug and abandon a well and reclaim the surface in a 
timely manner; (3) a person covered by the bond owes uncollected 
royalties; or (4) the bond amount will not cover the estimated 
reclamation cost; 
Drilling operations: 
* Individual: $10,000; 
* Statewide: $50,000; 
* Nationwide: $150,000; 
Utilization operations: 
* Electrical Generation Facility: at least $100,000; 
* Direct Use Facility: BLM will specify amount; 
Types permitted: 
* Corporate surety bond issued by a surety company approved by 
Treasury; 
* Personal bonds secured by (1) certificate of deposit issued by a 
federally insured financial institution authorized to do business in 
the United States; (2) cashier's check; (3) certified check; (4) 
negotiable securities, such as Treasury notes; and (5) irrevocable 
letter of credit that meet certain conditions. 

Agency and resource being extracted: BLM Solid Minerals (other than 
coal and oil shale, also known as leasable minerals); 
Scope of bond: Released when (1) all royalties, rentals, penalties, 
and assessments are paid; (2) all permit or lease obligations are 
satisfied; (3) site reclaimed; and (4) effective measures are taken to 
ensure that the mineral prospecting or development activities will not 
adversely affect surface or subsurface resources; 
Approach: 
* Individual lease bond; 
* Statewide bond (to cover all leases of the same mineral); 
* Nationwide bond (to cover all leases of the same mineral); 
Amount: 
BLM determines bond amounts considering the cost of complying with all 
permit and lease terms, including royalty and reclamation requirements; 
* Individual lease: minimum $5,000 (minimum $1,000 for prospecting 
permits); 
* Statewide: minimum $25,000; 
* Nationwide: minimum $75,000; 
Types permitted: 
* Surety bond issued by a qualified company approved by Treasury; 
* Personal bonds in the form of a (1) cashier's check; (2) certified 
check; (3) or negotiable Treasury bond. 

Agency and resource being extracted: BLM Mineral Materials (also known 
as salable minerals); 
Scope of bond: To meet the reclamation standards specified in the 
mineral materials sales contract; 
Approach: 
* Performance bond for contract; 
* No performance bond required if sales contract from a community 
pit[G] or common use area and party pays a reclamation fee; 
Amount: 
Sales contract: 
* For contracts of $2,000 or more, BLM will establish bond amount to 
ensure it is sufficient to meet the contract's reclamation standards. 
However, the amount must be at least $500; 
* For contracts of less than $2,000, BLM may require a bond. If BLM 
requires a bond, it cannot exceed an amount greater than 20 percent of 
the total contract amount; 
Community pit and common use area contracts: 
* If party pays reclamation fee, no performance bond is required; 
Types permitted: 
* Corporate surety bond issued by a company approved by Treasury; 
* Certificate of deposit that is issued by an institution whose 
deposits are insured and does not exceed the maximum FDIC insurable 
amount; 
* Cash bond; 
* Irrevocable letter of credit from a bank or financial institution 
organized or authorized to do business in the United States; 
* Negotiable Treasury bond of the United States. 

Agency and resource being extracted: BLM Hardrock Minerals (also known 
as locatable minerals); 
Scope of bond: To cover the estimated cost, as if BLM were to contract 
with a third party, to reclaim the operations according to the 
reclamation plan, including construction and maintenance costs for any 
treatment facilities necessary to meet federal and state environmental 
standards. The financial guarantee must also cover any interim 
stabilization and infrastructure maintenance costs needed to maintain 
the area of operations in compliance with applicable environmental 
requirements while third-party contracts are developed and executed; 
Approach: 
* Individual financial guarantee covering a single notice or plan of 
operations[H]; 
* Blanket financial guarantee covering a statewide or nationwide 
operations; 
Amount: 
* Amount is based on the estimated cost as if BLM were to contract 
with a third party to reclaim the operations according to the 
reclamation plan, including construction and maintenance costs for any 
treatment facilities necessary to meet federal and state environmental 
standards; 
* BLM may determine that a bond is not required where mining 
operations would cause nominal environmental damage or the operator 
has an excellent past record for reclamation; 
* In addition to the financial guarantee, BLM may require the 
establishment of a trust fund or other funding mechanism to ensure the 
continuation of long-term treatment to achieve water quality standards 
and for other long-term, post-mining maintenance requirements. The 
funding must be adequate to provide for construction, long-term 
operation, maintenance, or replacement of any treatment facilities and 
infrastructure, for as long as the treatment and facilities are needed 
after mine closure; 
Types permitted: If accepted by the BLM state director: 
* Surety bonds that meet certain requirements; 
* Cash maintained in a federal depository account of the U.S. Treasury; 
* Irrevocable letters of credit from a financial institution organized 
or authorized to do business in the United States; 
* Certificates of deposit or savings accounts not in excess of the 
FDIC insurable amount; 
* Negotiable U.S. government, state, and municipal securities or bonds 
maintained in a Securities Investors Protection Corporation-insured 
trust account by a licensed securities brokerage firm; 
* Investment grade securities having a Standard and Poor's rating of 
AAA or AA or an equivalent rating from a nationally recognized 
securities rating service that are maintained in a Securities 
Investors Protection Corporation-insured trust account by a licensed 
securities brokerage firm; 
* Certain forms of insurance that meet regulatory requirements; 
* Certain existing financial assurances under state law or regulation; 
* Trust funds or other funding mechanisms. 

Source: GAO analysis of federal regulations. 

[A] Areawide bonds cover all leases in one of three areas: (1) the 
Gulf of Mexico and the area off the Atlantic Coast; (2) the area 
offshore the Pacific Coast states of California, Oregon, Washington, 
and Hawaii; and (3) the area off the shore of Alaska. 

[B] MMS may accept a bond in a lesser amount when the lessee can 
demonstrate that the wells and platforms can be abandoned and removed 
and the drilling and platform sites cleared of obstructions for less 
than the amount of the bond. 

[C] MMS will evaluate a lessee’s (1) financial capacity substantially 
in excess of existing and anticipated lease and other obligations; (2) 
projected financial strength significantly in excess of existing and 
future lease obligations; (3) business stability based on 5 years of 
continuous operation and production; (4) reliability in meeting 
obligations based on credit ratings or trade references; and (5) 
record of compliance with laws, regulations, and lease terms. 

[D] If the market amount of the security falls below the level of bond 
coverage required, the lessee must pledge an additional security. 

[E] If the market amount of the security falls below the level of bond 
coverage required, the lessee must pledge an additional security. 

[F] The increased bond amount cannot exceed the total of the estimated 
costs of plugging and reclamation, the amount of uncollected royalties 
due to MMS, plus the amount of monies owed to the lessor due to 
previous violations remaining outstanding. 

[G] A community pit supplies mineral materials to small contractors 
and to the general public for private use. 

[H] A notice of operations is required for exploration activities that 
disturb 5 acres or less. Although BLM must receive notice prior to any 
surface disturbance, BLM does not need to grant approval for notice-
level operations. A plan of operations is required for any operation 
greater than casual use, except for notice-level operations, and 
operations causing surface disturbance greater than casual use in 
special status areas, such as designated wilderness areas and national 
monuments. 

[End of table] 

[End of section] 

Appendix V: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Anu K. Mittal (202) 512-3841 or mittala@gao.gov: 

Acknowledgments: 

In addition to the contact named above, Andrea Wamstad Brown 
(Assistant Director), Jeffrey B. Barron, Casey L. Brown, Jerome 
Sandau, Jeanette Soares, Anne Stevens, Carol Herrnstadt Shulman, and 
Walter Vance made key contributions to this report. 

[End of section] 

Footnotes: 

[1] For the purposes of this report, the term operator refers to 
lessees, owners of operating rights, and operators of an oil or gas 
operation, unless indicated otherwise. 

[2] BLM is responsible for managing 261 million acres of surface 
federal lands, as well as approximately 700 million acres of 
subsurface lands. Approximately 58 million acres of these federal 
subsurface lands are located beneath privately owned lands--a 
situation commonly known as a split estate. 

[3] The 12 western states include Alaska, Arizona, California, 
Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, 
Washington, and Wyoming. 

[4] During the next phase of our work, we will address the remaining 
aspects of your request, which primarily concern whether BLM is 
adequately managing the potential estimated liability for reclaiming 
nonproducing wells. 

[5] For the purposes of this report, coverage refers to the total 
number of wells covered by bonds held by BLM. 

[6] To produce methane gas from a coal bed, operators have to pump 
water from underground deposits in order to release the methane gas 
contained in the subsurface coal. 

[7] In some circumstances, approval from state officials may also be 
required before operators can commence drilling and production. 

[8] For the purposes of this report, use of the term reclamation 
refers to the final reclamation process. 

[9] In circumstances where the surface land is managed by another 
surface management agency, that agency inspects the site to monitor 
reclamation. In addition, prior to approving the Final Abandonment 
Notice, BLM gets the approval of the surface management agency or in 
cases involving split estates, the private surface owner. 

[10] States with an approved state program that meet other 
qualifications can enter into a cooperative agreement with the 
Secretary of the Interior to enforce the state's program on federal 
lands within the state. In these cooperative agreements, OSM delegates 
responsibility for the establishment and release of bonds required for 
surface coal mining and reclamation operations on federal lands to the 
state regulatory authority, although OSM must concur in the release. 
In addition to this bond required by OSM or the approved state 
regulatory authority, BLM will not issue a coal lease until the 
prospective lessee has posted a bond. However, these lease bonds do 
not cover reclamation unless the state in which the mining will occur 
does not have a cooperative agreement with the Secretary. 

[11] For the purposes of this report, unless stated otherwise, leases 
refer to producing leases--leases that have a well. We are not 
including leases that do not have a well in our total. 

[12] We calculated BLM bond values by fiscal year to correspond to the 
available BLM data on the total number of wells, which is only 
available by fiscal year. 

[13] With the consent of the surety provider, an individual lease bond 
posted by a lessee may cover all operators on a lease. Otherwise, each 
operator on a lease must provide a separate bond covering just the 
wells they operate. According to BLM officials, most leases have only 
one operator. 

[14] A statewide bond posted by a lessee can cover all well operators 
with the consent of the surety provider. 

[15] A nationwide bond posted by a lessee can cover all well operators 
with the consent of the surety provider. 

[16] Unit agreements refer to multiple lessees who unite to adopt and 
operate under a unit plan for the development of any oil or gas pool, 
field, or like area. 

[17] The amount of a unit operator bond is determined on a case-by-
case basis by BLM officials, and the minimum amount of a NPR-A bond is 
set in regulation--not less than $100,000 for a single lease or not 
less than $300,000 for a reservewide bond (submitted separately or as 
a rider to an already existing nationwide bond). 

[18] This requirement applies only to operators, and not lessees or 
owners of operating rights. 

[19] This requirement applies only to operators, and not lessees or 
owners of operating rights. 

[20] Rob Brumbaugh and Stan Porhola, Alaska Legacy Wells Summary 
Report: National Petroleum Reserve-Alaska, BLM/AK/ST-05004+2360+941, 
Department of the Interior, Bureau of Land Management, Alaska State 
Office, November 2004. 

[21] In addition to a bond for well plugging, abandonment, and site 
reclamation, some states, like Colorado, require additional bonds to 
protect the surface land owner in certain split estate situations. 

[22] In lieu of this additional bond, the Wyoming Oil and Gas 
Conservation Commission may accept a detailed plan of operation which 
includes a time schedule to permanently plug and abandon idle wells or 
otherwise remove the well from idle status. In addition, an operator 
can request a different bond amount based on an evaluation of the 
specific well conditions and circumstances. 

[23] Arizona, Montana, and Oregon do not have bonds that cover all of 
an operator's wells within a state; rather they have blanket bonds 
that cover multiple wells. 

[24] Public Land Statistics 2008, Vol. 193, BLM/OC/ST-09/001-1165, 
Department of the Interior, Bureau of Land Management, May 2009. 

[25] BLM Oil and Gas Program: Bonding/Unfunded Liability Review, 
Bureau of Land Management, Department of the Interior, March 1995. 

[End of section] 

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