[Congressional Record Volume 162, Number 16 (Wednesday, January 27, 2016)]
[Senate]
[Page S257]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2956. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. STATE AUTHORITY FOR HYDRAULIC FRACTURING 
                   REGULATION.

       The Mineral Leasing Act is amended--
       (1) by redesignating section 44 (30 U.S.C. 181 note) as 
     section 45; and
       (2) by inserting after section 43 (30 U.S.C. 226-3) the 
     following:

     ``SEC. 44. STATE AUTHORITY FOR HYDRAULIC FRACTURING 
                   REGULATION.

       ``(a) Definition of Hydraulic Fracturing.--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, as a result, increase the 
     permeability of the rock near the wellbore and improve 
     production of natural gas or oil.
       ``(b) Prohibition.--The Secretary of the Interior shall not 
     enforce any Federal regulation, guidance, or permit 
     requirement regarding hydraulic fracturing, or any component 
     of hydraulic fracturing, relating to oil, gas, or geothermal 
     production activities on or under any land in any State that 
     has regulations, guidance, or permit requirements for 
     hydraulic fracturing.
       ``(c) State Authority.--The Secretary shall recognize and 
     defer to State regulations, guidance, and permitting for all 
     activities regarding hydraulic fracturing, or any component 
     of hydraulic fracturing, relating to oil, gas, or geothermal 
     production activities on Federal land regardless of whether 
     the regulations, guidance, and permitting are duplicative, 
     more or less restrictive, have different requirements, or do 
     not meet Federal regulations, guidance, or permit 
     requirements.''.
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