Protecting States' Rights to Promote American Energy Security Act

Summary: Title I: State Authority for Hydraulic Fracturing Regulation - Protecting States' Rights to Promote American Energy Security Act - (Sec. 102) Amends the Mineral Leasing Act to prohibit the Department of the Interior (Department) from enforcing any federal regulation, guidance, or permit requirement regarding hydraulic fracturing (including 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.  Defines &quot;hydraulic fracturing&quot; as the process by which fracturing fluids (including a fracturing fluid system) are pumped into an underground geologic formation to generate fractures or cracks, thereby increasing rock permeability near the wellbore and improving production of natural gas or oil. Requires the Department to recognize and defer to state regulations, permitting, and guidance for all activities regarding hydraulic fracturing relating to oil, gas, or geothermal production activities on federal land.  Requires each state to submit to the Bureau of Land Management (BLM) a copy of its regulations that: (1) apply to hydraulic fracturing operations on federal land, and (2) require disclosure of chemicals used in hydraulic fracturing operations on federal land.  Directs the Secretary of the Interior to make such state regulations available to the public. (Sec. 103) Directs the Comptroller General (GAO) to examine the economic benefits of domestic shale oil and gas production resulting from hydraulic fracturing, including identification of: (1) state and federal revenue generated as a result of shale gas production, (2) jobs created as a result of shale oil and gas production, and (3) an estimate of potential energy prices without domestic shale oil and gas production. (Sec. 104) Prohibits the Department from enforcing any federal regulation, guidance, or permit requirement governing the hydraulic fracturing process, or any of its components, relating to oil, gas, or geothermal production activities on land held either 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. Title II: EPA Hydraulic Fracturing Research - EPA Hydraulic Fracturing Study Improvement Act - (Sec. 202) Requires the Administrator of the Environmental Protection Agency (EPA), in conducting the study of the potential impacts of hydraulic fracturing on drinking water resources, with respect to which a request for information was issued in November 2012, to:  prior to issuance and dissemination of any final or interim report summarizing EPA research on such relationship, consider such reports to be Highly Influential Scientific Assessments requiring peer review in accordance with specified EPA and Office of Management and Budget (OMB) policy documents; require the reports to meet the standards and procedures for the dissemination of influential scientific, financial, or statistical information set forth in the EPA's Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by the Environmental Protection Agency, developed in response to guidelines issued by OMB under the Treasury and General Government Appropriations Act for Fiscal Year 2001; and ensure that identification of the possible impacts included in such reports be accompanied by objective estimates of the probability, uncertainty, and consequence of each identified impact.  Requires public release of the final report by September 30, 2016. Title III: Miscellaneous Provisions - (Sec. 301) Directs the Secretary to review and report annually to Congress on all state activities relating to hydraulic fracturing.

TITLE I--STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION

SEC. 101. SHORT TITLE.

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

SEC. 102. 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:

``SEC. 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.
    ``(c) Transparency of State Regulations.--
            ``(1) In general.--Each State shall submit to the Bureau of 
        Land Management a copy of its regulations that apply to 
        hydraulic fracturing operations on Federal land.
            ``(2) Availability.--The Secretary of the Interior shall 
        make available to the public State regulations submitted under 
        this subsection.
    ``(d) Transparency of State Disclosure Requirements.--
            ``(1) In general.--Each State shall submit to the Bureau of 
        Land Management a copy of any regulations of the State that 
        require disclosure of chemicals used in hydraulic fracturing 
        operations on Federal land.
            ``(2) Availability.--The Secretary of the Interior shall 
        make available to the public State regulations submitted under 
        this subsection.
    ``(e) 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.''.

SEC. 103. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study examining the economic benefits of domestic shale oil 
and gas production resulting from the process of hydraulic fracturing. 
This study will include identification of--
            (1) State and Federal revenue generated as a result of 
        shale gas production;
            (2) jobs created both directly and indirectly as a result 
        of shale oil and gas production; and
            (3) an estimate of potential energy prices without domestic 
        shale oil and gas production.
    (b) Report.--The Comptroller General shall submit a report on the 
findings of such study to the Committee on Natural Resources of the 
House of Representatives within 30 days after completion of the study.

SEC. 104. TRIBAL AUTHORITY ON TRUST LAND.

    The Department of the Interior shall not enforce any Federal 
regulation, guidance, or permit requirement regarding the process of 
hydraulic fracturing (as that term is defined in section 44 of the 
Mineral Leasing Act, as amended by section 102 of this Act), 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.

              TITLE II--EPA HYDRAULIC FRACTURING RESEARCH

SEC. 201. SHORT TITLE.

    This title may be cited as the ``EPA Hydraulic Fracturing Study 
Improvement Act''.

SEC. 202. EPA HYDRAULIC FRACTURING RESEARCH.

    In conducting its study of the potential impacts of hydraulic 
fracturing on drinking water resources, with respect to which a request 
for information was issued under Federal Register Vol. 77, No. 218, the 
Administrator of the Environmental Protection Agency shall adhere to 
the following requirements:
            (1) Peer review and information quality.--Prior to issuance 
        and dissemination of any final report or any interim report 
        summarizing the Environmental Protection Agency's research on 
        the relationship between hydraulic fracturing and drinking 
        water, the Administrator shall--
                    (A) consider such reports to be Highly Influential 
                Scientific Assessments and require peer review of such 
                reports in accordance with guidelines governing such 
                assessments, as described in--
                            (i) the Environmental Protection Agency's 
                        Peer Review Handbook 3rd Edition;
                            (ii) the Environmental Protection Agency's 
                        Scientific Integrity Policy, as in effect on 
                        the date of enactment of this Act; and
                            (iii) the Office of Management and Budget's 
                        Peer Review Bulletin, as in effect on the date 
                        of enactment of this Act; and
                    (B) require such reports to meet the standards and 
                procedures for the dissemination of influential 
                scientific, financial, or statistical information set 
                forth in the Environmental Protection Agency's 
                Guidelines for Ensuring and Maximizing the Quality, 
                Objectivity, Utility, and Integrity of Information 
                Disseminated by the Environmental Protection Agency, 
                developed in response to guidelines issued by the 
                Office of Management and Budget under section 515(a) of 
                the Treasury and General Government Appropriations Act 
                for Fiscal Year 2001 (Public Law 106-554).
            (2) Probability, uncertainty, and consequence.--In order to 
        maximize the quality and utility of information developed 
        through the study, the Administrator shall ensure that 
        identification of the possible impacts of hydraulic fracturing 
        on drinking water resources included in such reports be 
        accompanied by objective estimates of the probability, 
        uncertainty, and consequence of each identified impact, taking 
        into account the risk management practices of States and 
        industry. Estimates or descriptions of probability, 
        uncertainty, and consequence shall be as quantitative as 
        possible given the validity, accuracy, precision, and other 
        quality attributes of the underlying data and analyses, but no 
        more quantitative than the data and analyses can support.
            (3) Release of final report.--The final report shall be 
        publicly released by September 30, 2016.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. REVIEW OF STATE ACTIVITIES.

    The Secretary of the Interior shall annually review and report to 
Congress on all State activities relating to hydraulic fracturing.

            Passed the House of Representatives November 20, 2013.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.