Empower States Act of 2013

Summary: Empower States Act of 2013 - Amends the Mineral Leasing Act to prohibit the Secretary of the Interior from issuing or promulgating any guideline or regulation relating to oil or gas exploration or production on federal land in a state if the state has otherwise met the requirements under applicable federal law, unless the Secretary determines that as a result of the exploration or production there is an imminent and substantial danger to the public health or the environment. Amends the Safe Drinking Water Act to require the head of a federal department or agency, before issuing or promulgating any guideline or regulation relating to oil and gas exploration and production on federal, state, tribal, or fee land pursuant to federal law or executive order, to seek comments from and consult with the head of each affected state, state agency, and Indian tribe at a location within their jurisdiction. Requires federal departments and agencies to develop Statements of Energy and Economic Impact that detail and analyze: (1) adverse effects of an action on energy supply, distribution, or use; and (2) impact on the domestic economy if the action is taken. Prohibits imposition of any new or modified oil and gas regulation unless the head of the applicable department or agency determines: (1) that the rule is necessary to prevent immediate harm to human health or the environment, and (2) by clear and convincing evidence that the state or tribe does not have an existing reasonable alternative to the proposed regulation. Requires any regulation promulgated after enactment of this Act that requires disclosure of hydraulic fracturing chemicals to refer to the database managed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission. Sets forth procedures for judicial review of such regulations.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empower States Act of 2013''.

SEC. 2. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON FEDERAL LAND IN 
              STATES.

    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. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON FEDERAL LAND 
              IN STATES.

    ``(a) In General.--Subject to subsection (b), the Secretary of the 
Interior shall not issue or promulgate any guideline or regulation 
relating to oil or gas exploration or production on Federal land in a 
State if the State has otherwise met the requirements under this Act or 
any other applicable Federal law.
    ``(b) Exception.--The Secretary may issue or promulgate guidelines 
and regulations relating to oil or gas exploration or production on 
Federal land in a State if the Secretary of the Interior determines 
that as a result of the oil or gas exploration or production there is 
an imminent and substantial danger to the public health or 
environment.''.

SEC. 3. REGULATIONS.

    Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is 
amended by adding at the end the following:

``SEC. 1459. REGULATIONS.

    ``(a) Comments Relating to Oil and Gas Exploration and 
Production.--Before issuing or promulgating any guideline or regulation 
relating to oil and gas exploration and production on Federal, State, 
tribal, or fee land pursuant to this Act, the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401 
et seq.), the Act entitled `An Act to regulate the leasing of certain 
Indian lands for mining purposes', approved May 11, 1938 (commonly 
known as the `Indian Mineral Leasing Act of 1938') (25 U.S.C. 396a et 
seq.), the Mineral Leasing Act (30 U.S.C. 181 et seq.), or any other 
provision of law or Executive order, the head of a Federal department 
or agency shall seek comments from and consult with the head of each 
affected State, State agency, and Indian tribe at a location within the 
jurisdiction of the State or Indian tribe, as applicable.
    ``(b) Statement of Energy and Economic Impact.--Each Federal 
department or agency described in subsection (a) shall develop a 
Statement of Energy and Economic Impact, which shall consist of a 
detailed statement and analysis supported by credible objective 
evidence relating to--
            ``(1) any adverse effects on energy supply, distribution, 
        or use, including a shortfall in supply, price increases, and 
        increased use of foreign supplies; and
            ``(2) any impact on the domestic economy if the action is 
        taken, including the loss of jobs and decrease of revenue to 
        each of the general and educational funds of the State or 
        affected Indian tribe.
    ``(c) Regulations.--
            ``(1) In general.--A Federal department or agency shall not 
        impose any new or modified regulation unless the head of the 
        applicable Federal department or agency determines--
                    ``(A) that the rule is necessary to prevent 
                imminent substantial danger to the public health or the 
                environment; and
                    ``(B) by clear and convincing evidence, that the 
                State or Indian tribe does not have an existing 
                reasonable alternative to the proposed regulation.
            ``(2) Disclosure.--Any Federal regulation promulgated on or 
        after the date of enactment of this paragraph that requires 
        disclosure of hydraulic fracturing chemicals shall refer to the 
        database managed by the Ground Water Protection Council and the 
        Interstate Oil and Gas Compact Commission (as in effect on the 
        date of enactment of this Act).
    ``(d) Judicial Review.--
            ``(1) In general.--With respect to any regulation described 
        in this section, a State or Indian tribe adversely affected by 
        an action carried out under the regulation shall be entitled to 
        review by a United States district court located in the State 
        or the District of Columbia of compliance by the applicable 
        Federal department or agency with the requirements of this 
        section.
            ``(2) Action by court.--
                    ``(A) In general.--A district court providing 
                review under this subsection may enjoin or mandate any 
                action by a relevant Federal department or agency until 
                the district court determines that the department or 
                agency has complied with the requirements of this 
                section.
                    ``(B) Damages.--The court shall not order money 
                damages.
            ``(3) Scope and standard of review.--In reviewing a 
        regulation under this subsection--
                    ``(A) the court shall not consider any evidence 
                outside of the record that was before the agency; and
                    ``(B) the standard of review shall be de novo.''.