I 

112TH CONGRESS 

2D SESSION H. R. 4322 

To clarify that a State has the sole authority to regulate hydraulic fracturing 

on Federal land within the boundaries of the State. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2012 

Mr. GOHMERT (for himself, Mr. DUNCAN of South Carolina, Mr. BARTON of 

Texas, Mrs. LUMMIS, Mr. FLEMING, Mr. WESTMORELAND, Mr. FRANKS

of Arizona, Mr. RIBBLE, Mr. STUTZMAN, Mr. BERG, Mr. POE of Texas, 

Mr. CONAWAY, Mr. HALL, Mr. FARENTHOLD, Mr. CARTER, Mr. BRADY

of Texas, Mr. CULBERSON, Mr. MCCAUL, Mr. MARCHANT, Mr. NEUGEBAUER, Mr. SESSIONS, Mr. SULLIVAN, and Mr. THORNBERRY) introduced the following bill; which was referred to the Committee on Natural 

Resources, and in addition to the Committees on Agriculture, Transportation and Infrastructure, and Energy and Commerce, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To clarify that a State has the sole authority to regulate 

hydraulic fracturing on Federal land within the boundaries of the State. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fracturing Regula5 tions are Effective in State Hands Act’’. 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•HR 4322 IH

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) hydraulic fracturing is a commercially viable 

4 practice that has been used in the United States for 

5 more than 60 years in more than 1,000,000 wells; 

6 (2) the Ground Water Protection Council, a na7 tional association of State water regulators that is 

8 considered to be a leading groundwater protection 

9 organization in the United States, released a report 

10 entitled ‘‘State Oil and Natural Gas Regulations De11 signed to Protect Water Resources’’ and dated May 

12 2009 finding that the ‘‘current State regulation of 

13 oil and gas activities is environmentally proactive 

14 and preventive’’; 

15 (3) that report also concluded that ‘‘[a]ll oil 

16 and gas producing States have regulations which are 

17 designed to provide protection for water resources’’; 

18 (4) a 2004 study by the Environmental Protec19 tion Agency, entitled ‘‘Evaluation of Impacts to Un20 derground Sources of Drinking Water by Hydraulic 

21 Fracturing of Coalbed Methane Reservoirs’’, found 

22 no evidence of drinking water wells contaminated by 

23 fracture fluid from the fracked formation; 

24 (5) a 2009 report by the Ground Water Protec25 tion Council, entitled ‘‘State Oil and Natural Gas 

26 Regulations Designed to Protect Water Resources’’, 


srobinson on DSK4SPTVN1PROD with BILLS
3 

•HR 4322 IH

1 found a ‘‘lack of evidence’’ that hydraulic fracturing 

2 conducted in both deep and shallow formations pre3 sents a risk of endangerment to ground water; 

4 (6) a January 2009 resolution by the Interstate 

5 Oil and Gas Compact Commission stated ‘‘The 

6 states, who regulate production, have comprehensive 

7 laws and regulations to ensure operations are safe 

8 and to protect drinking water. States have found no 

9 verified cases of groundwater contamination associ10 ated with hydraulic fracturing.’’; 

11 (7) on May 24, 2011, before the Oversight and 

12 Government Reform Committee of the House of 

13 Representatives, Lisa Jackson, the Administrator of 

14 the Environmental Protection Agency, testified that 

15 she was ‘‘not aware of any proven case where the 

16 fracking process itself has affected water’’; 

17 (8) in 2011, Bureau of Land Management Di18 rector Bob Abbey stated, ‘‘We have not seen evi19 dence of any adverse effect as a result of the use of 

20 the chemicals that are part of that fracking tech21 nology.’’; 

22 (9)(A) activities relating to hydraulic fracturing 

23 (such as surface discharges, wastewater disposal, 

24 and air emissions) are already regulated at the FedVerDate Mar 15 2010 23:25 Apr 05, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4322.IH H4322

srobinson on DSK4SPTVN1PROD with BILLS
4 

•HR 4322 IH

1 eral level under a variety of environmental statutes, 

2 including portions of— 

3 (i) the Federal Water Pollution Con4 trol Act (33 U.S.C. 1251 et seq.); 

5 (ii) the Safe Drinking Water Act (42 

6 U.S.C. 300f et seq.); and 

7 (iii) the Clean Air Act (42 U.S.C. 

8 7401 et seq.); but 

9 (B) Congress has continually elected not to in10 clude the hydraulic fracturing process in the under11 ground injection control program under the Safe 

12 Drinking Water Act (42 U.S.C. 300f et seq.); 

13 (10) in 2011, the Secretary of the Interior an14 nounced the intention to promulgate new Federal 

15 regulations governing hydraulic fracturing on Fed16 eral land; and 

17 (11) a February 2012 study by the Energy In18 stitute at the University of Texas at Austin, entitled 

19 ‘‘Fact-Based Regulation for Environmental Protec20 tion in Shale Gas Development’’, found that ‘‘[n]o 

21 evidence of chemicals from hydraulic fracturing fluid 

22 has been found in aquifers as a result of fracturing 

23 operations’’. 

24 SEC. 3. DEFINITION OF FEDERAL LAND. 

25 In this Act, the term ‘‘Federal land’’ means— 


srobinson on DSK4SPTVN1PROD with BILLS
5 

•HR 4322 IH

1 (1) public lands (as defined in section 103 of 

2 the Federal Land Policy and Management Act of 

3 1976 (43 U.S.C. 1702)); 

4 (2) National Forest System land; 

5 (3) land under the jurisdiction of the Bureau of 

6 Reclamation; and 

7 (4) land under the jurisdiction of the Corps of 

8 Engineers. 

9 SEC. 4. STATE AUTHORITY. 

10 (a) IN GENERAL.—A State shall have the sole au11 thority to promulgate or enforce any regulation, guidance, 

12 or permit requirement regarding the underground injec13 tion of fluids or propping agents pursuant to the hydraulic 

14 fracturing process, or any component of that process, re15 lating to oil, gas, or geothermal production activities on 

16 or under any land within the boundaries of the State. 

17 (b) FEDERAL LAND.—The underground injection of 

18 fluids or propping agents pursuant to the hydraulic frac19 turing process, or any components of that process, relating 

20 to oil, gas, or geothermal production activities on Federal 

21 land shall be subject to the law of the State in which the 

22 land is located. 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS