118 S19 IS: Fracturing Regulations are Effective in State Hands Act U.S. Senate 2023-01-23 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.

II118th CONGRESS1st SessionS. 19IN THE SENATE OF THE UNITED STATESJanuary 23 (legislative day, January 3), 2023Mr. Mullin introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo clarify that a State has the sole authority to regulate hydraulic fracturing on Federal land within the boundaries of the State.

1.

Short title

This Act may be cited as the Fracturing Regulations are Effective in State Hands Act or the FRESH Act.

2.

Definition of Federal land

In this Act, the term Federal land means—(1)public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702));(2)National Forest System land;(3)land under the jurisdiction of the Bureau of Reclamation; and(4)land under the jurisdiction of the Corps of Engineers.

3.

State authority

(a)

In general

A State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on or under any land within the boundaries of the State.(b)

Federal land

The treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located.