113 HR 2728 RH: Protecting States’ Rights to Promote American Energy Security Act U.S. House of Representatives 2013-11-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IBUnion Calendar No. 187113th CONGRESS1st SessionH. R. 2728[Report No. 113–261]IN THE HOUSE OF REPRESENTATIVESJuly 18, 2013Mr. Flores (for himself, Mr. Cuellar, Mr. Hastings of Washington, Mr. Lamborn, and Mrs. Lummis) introduced the following bill; which was referred to the Committee on Natural ResourcesNovember 12, 2013Additional sponsors: Mr. Cramer, Mr. Fleming, Mr. Lankford, Mr. McKinley, Mr. Hensarling, Mr. Radel, Mr. Weber of Texas, Mr. Griffin of Arkansas, Mr. Pearce, Mr. Kelly of Pennsylvania, Mr. Barletta, Mr. Woodall, Mr. Carter, Mr. Farenthold, and Mr. HudsonNovember 12, 2013Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedStrike out all after the enacting clause and insert the part printed in italicFor text of introduced bill, see copy of bill as introduced on July 18, 2013A BILLTo recognize States’ authority to regulate oil and gas operations and promote American energy security, development, and job creation.

1.

Short title

This Act may be cited as the Protecting States’ Rights to Promote American Energy Security Act.

2.

State authority for hydraulic fracturing regulation

The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following:

44.

State authority for hydraulic fracturing regulation

(a)

In general

The Department of the Interior shall not enforce any Federal regulation, guidance, or permit requirement regarding hydraulic fracturing, or any component of that process, relating to oil, gas, or geothermal production activities on or under any land in any State that has regulations, guidance, or permit requirements for that activity.(b)

State authority

The Department of the Interior shall recognize and defer to State regulations, permitting, and guidance, for all activities related to hydraulic fracturing, or any component of that process, relating to oil, gas, or geothermal production activities on Federal land regardless of whether those rules are duplicative, more or less restrictive, shall have different requirements, or do not meet Federal guidelines.(c)

Hydraulic fracturing defined

In this section the term hydraulic fracturing means the process by which fracturing fluids (or a fracturing fluid system) are pumped into an underground geologic formation at a calculated, predetermined rate and pressure to generate fractures or cracks in the target formation and thereby increase the permeability of the rock near the wellbore and improve production of natural gas or oil.

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3.

Tribal authority on trust land

The Department of the Interior shall not enforce any Federal regulation, guidance, or permit requirement regarding the underground injection of fluids or propping agents as part of the hydraulic fracturing process, or any component of that process, relating to oil, gas, or geothermal production activities on any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status.

November 12, 2013Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed