039–008 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–271 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1965) TO STREAMLINE AND ENSURE ONSHORE ENERGY PERMITTING, PROVIDE FOR ONSHORE LEASING CERTAINTY, AND GIVE CERTAINTY TO OIL SHALE DEVELOPMENT FOR AMERICAN ENERGY SECURITY, ECONOMIC DEVELOPMENT, AND JOB CREATION, AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2728) TO RECOGNIZE 

STATES’ AUTHORITY TO REGULATE OIL AND GAS OPERATIONS AND 

PROMOTE AMERICAN ENERGY SECURITY, DEVELOPMENT, AND JOB 

CREATION 

NOVEMBER 18, 2013.—Referred to the House Calendar and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 419] 

The Committee on Rules, having had under consideration House 

Resolution 419, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 1965, the Federal Lands Jobs and Energy Security Act, under a structured rule. 

The resolution provides one hour of general debate equally divided 

and controlled by the chair and ranking minority member of the 

Committee on Natural Resources. The resolution waives all points 

of order against consideration of the bill. The resolution provides 

that an amendment in the nature of a substitute consisting of the 

text of Rules Committee Print 113–26 shall be considered as adopted and the bill, as amended, shall be considered as read. The resolution waives all points of order against provisions in the bill, as 

amended. The resolution makes in order only those further amendments printed in part A of this report. Each such amendment may 

be offered only in the order printed in this report, may be offered 

only by a Member designated in this report, shall be considered as 

read, shall be debatable for the time specified in this report equally 

divided and controlled by the proponent and an opponent, shall not 

be subject to amendment, and shall not be subject to a demand for 

division of the question in the House or in the Committee of the 

Whole. The resolution waives all points of order against the amendVerDate Mar 15 2010 06:16 Nov 19, 2013 Jkt 039008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR271.XXX HR271

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ments printed in part A of this report. The rule provides one motion to recommit with or without instructions. 

Section 2 of the resolution provides for consideration of H.R. 

2728, the Protecting States’ Rights to Promote American Energy 

Security Act, under a structured rule. The resolution provides one 

hour of general debate, with 40 minutes equally divided and controlled by the chair and ranking minority member of the Natural 

Resources and 20 minutes equally divided and controlled by the 

chair and ranking minority member of the Committee on Science, 

Space, and Technology. The resolution waives all points of order 

against consideration of the bill. The resolution provides that an 

amendment in the nature of a substitute consisting of the text of 

Rules Committee Print 113–27 shall be considered as adopted and 

the bill, as amended, shall be considered as read. The resolution 

waives all points of order against provisions in the bill, as amended. The resolution makes in order only those amendments printed 

in part B of this report. Each such amendment may be offered only 

in the order printed in this report, may be offered only by a Member designated in this report, shall be considered as read, shall be 

debatable for the time specified in this report equally divided and 

controlled by the proponent and an opponent, shall not be subject 

to amendment, and shall not be subject to a demand for division 

of the question in the House or in the Committee of the Whole. The 

resolution waives all points of order against the amendments printed in part B of this report. The resolution provides one motion to 

recommit with or without instructions. 

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of H.R. 1965, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against provisions in H.R. 1965, as amended, the Committee is not aware of any 

points of order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments to H.R. 1965 printed in part A of this report, the 

Committee is not aware of any points of order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against consideration of H.R. 2728, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against provisions in H.R. 2728, as amended, the Committee is not aware of any 

points of order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments to H.R. 2728 printed in part B of this report, the 

Committee is not aware of any points of order. The waiver is prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 


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Rules Committee record vote No. 89 

Motion by Mr. Polis to make in order and provide the appropriate waivers for amendment #11 to H.R. 1965, offered by Rep. 

Polis (CO) and Rep. Napolitano (CA), which requires the Director 

of the United States Geological Survey to study and prepare a report regarding the potential impacts of oil shale leasing on the 

quantity and quality of water available for agricultural and municipal use in Colorado, Utah, and Wyoming and amendment #6 to 

H.R. 2728, offered by Rep. Polis (CO), which eliminates a loophole 

in the Clean Air Act under which oil and gas exploration and production activities are exempt from complying with the Clean Air 

Act’s aggregation requirement and adds hydrogen sulfide to the 

federal list of hazardous air pollutants. Defeated: 3–9. 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. ...................

Mr. Bishop of Utah .......................................... Nay Mr. McGovern ................................................... Yea 

Mr. Cole ............................................................ Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Nugent ....................................................... Nay 

Mr. Webster ...................................................... Nay 

Ms. Ros-Lehtinen ............................................. Nay 

Mr. Burgess ...................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

SUMMARY OF THE AMENDMENTS TO H.R. 1965 IN PART A MADE IN

ORDER

1. Hastings, Doc (WA): MANAGER’S AMENDMENT Adjusts the 

amount of funds authorized to be made available to BLM field offices for energy permitting to ensure bill has a positive (deficit reducing) score. (10 minutes) 

2. Jackson Lee (TX): Preserves First Amendment Right To Petition. (10 minutes) 

3. Lowenthal (CA): Allows the Secretary of the Interior to continue to review actions that generally qualify for Categorical Exclusions to NEPA for possible Extraordinary Circumstances (e.g. Violations of a Federal law, or a State, local, or tribal law or requirement) which would then supersede the Categorical Exclusion and 

require further NEPA review. (10 minutes) 

4. Jackson Lee (TX): Eliminates prohibition of award of attorney 

fees which otherwise would be recoverable under Equal Access to 

Justice Act. (10 minutes) 

5. Hanabusa (HI): Requires the Secretary of the Interior in consultation with the Secretary of Agriculture to include in their 

Quadrennial Federal Onshore Energy Production Strategy, the best 

estimate, based upon commercial and scientific data, of the expected increase in domestic production of geothermal, solar, wind, 

or other renewable energy sources on lands designated as Hawaiian Home Lands that the state agency or department responsible 

for the administration of these lands selects to be used for energy 

production. (10 minutes) 

6. Marino (PA): Requires the Secretary of the Interior to include 

Federal lands as a part of its plan to address new demands for oil 

and gas pipelines. (10 minutes) 

7. Polis (CO), Huffman (CA): Requires National Academy of 

Sciences to study and report to Congress about the impact of floodVerDate Mar 15 2010 06:16 Nov 19, 2013 Jkt 039008 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR271.XXX HR271

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ing on oil and gas facilities and the resulting instances of leaking 

and spills from tanks, wells, and pipelines. (10 minutes) 

8. DeFazio (OR): Authorizes $10 million of the revenue generated 

by the underlying bill for the Commodity Futures Trading Commission to use existing authority to limit speculation in energy markets. (10 minutes) 

SUMMARY OF THE AMENDMENTS TO H.R. 2728 IN PART B MADE IN

ORDER

1. Holt (NJ), Peters, Scott (CA), Polis (CO): Allows the Secretary 

of the Interior to issue regulations to reduce methane emissions 

from oil and gas drilling operations on public lands. (10 minutes) 

2. Flores (TX): Requires states to submit a copy of their hydraulic 

fracturing regulations and chemical disclosure requirements to the 

BLM for public disclosure and provides other technical/clarifying 

changes. (10 minutes) 

3. Reed (NY), Costa (CA): Directs the GAO to conduct a study on 

the economic benefits of domestic oil and gas production as result 

of hydraulic fracturing including job creation, energy prices and 

State and Federal revenues. (10 minutes) 

4. DeFazio (OR): Prohibits the export of natural gas produced 

from public lands. (10 minutes) 

5. Jackson Lee (TX): The Secretary shall conduct an annual review of any and all state hydraulic fracturing activity and submit 

a report to Congress. (10 minutes) 

PART A—TEXT OF AMENDMENTS TO H.R. 1965 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS

OF WASHINGTON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 8, line 17, strike ‘‘$10,000,000’’ and insert ‘‘$5,000,000’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 9, line 9, strike the closing quotation marks and the following period, and after line 9 insert the following: 

‘‘(C) RIGHT TO PETITION PRESERVED.—This paragraph 

shall not be construed to abridge the right of the people to 

petition for the redress of grievances, in violation of the 

first article of amendment to the Constitution of the 

United States.’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

LOWENTHAL OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 12, beginning at line 20, strike section 1132. 

Beginning at page 16, line 24, strike ‘‘, except that’’ and all that 

follows through page 17, line 2 and insert a period. 


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4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 15, beginning at line 4, strike section 1147. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HANABUSA

OF HAWAII OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 25, on line 15, strike ‘‘and’’, on line 20, strike the period 

and insert ‘‘; and’’, and after line 20 insert the following: 

‘‘(H) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of geothermal, solar, wind, or other renewable energy 

sources from ‘available lands’ (as such term is defined in 

section 203 of the Hawaiian Homes Commission Act, 1920 

(42 Stat. 108 et seq.), and including any other lands 

deemed by the Territory or State of Hawaii, as the case 

may be, to be included within that definition) that the 

agency or department of the government of the State of 

Hawaii that is responsible for the administration of such 

lands selects to be used for such energy production. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MARINO OF

PENNSYLVANIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 26, after line 4, insert the following: 

‘‘(6) The Secretary shall include in the Strategy a plan for 

addressing new demands for transmission lines and pipelines 

for distribution of oil and gas across Federal lands to ensure 

that energy produced can be distributed to areas of need. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POLIS OF

COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. l01. STUDY OF EFFECTS OF FLOODING ON OIL AND GAS FACILITIES. 

The Secretary of the Interior shall enter into an arrangement 

with the National Academy of Sciences under which the Academy 

shall study and report to the Congress on the effect of flooding on 

oil and gas facilities, and the resulting instances of leaking and 

spills from tanks, wells, and pipelines. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DEFAZIO

OF OREGON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following (and conform the table 

of contents accordingly): 


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TITLE VI—MISCELLANEOUS 

PROVISIONS 

SEC. 6001. CERTAIN REVENUES GENERATED BY THIS ACT TO BE MADE 

AVAILABLE TO THE COMMODITY FUTURES TRADING COMMISSION TO LIMIT EXCESSIVE SPECULATION IN ENERGY 

MARKETS. 

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. REVENUES TO BE MADE AVAILABLE TO THE COMMODITY FUTURES TRADING COMMISSION. 

‘‘(a) ESTABLISHMENT OF TREASURY ACCOUNT.—The Secretary of 

the Treasury (in this section referred to as the ‘Secretary’) shall establish an account in the Treasury of the United States. 

‘‘(b) DEPOSIT INTO ACCOUNT OF CERTAIN REVENUES GENERATED

BY THIS ACT.—The Secretary shall deposit into the account established under subsection (a) the first $10,000,000 of the total of the 

amounts received by the United States under leases issued under 

this Act or any plan, strategy, or program under this Act. 

‘‘(c) AVAILABILITY AND USE OF FUNDS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), the amounts in 

the account established under subsection (a) shall be made 

available to the Commodity Futures Trading Commission to 

use its existing authorities to limit excessive speculation in energy markets. 

‘‘(2) SUBJECT TO APPROPRIATIONS.—The authority provided in 

paragraph (1) may be exercised only to such extent, and with 

respect to such amounts, as are provided in advance in appropriations Acts.’’. 

PART B—TEXT OF AMENDMENTS TO H.R. 2728 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HOLT OF

NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 1, line 14, strike ‘‘The’’ and insert ‘‘Except as provided in 

subsection (c), the’’. 

Page 2, line 4, strike ‘‘The’’ and insert ‘‘Except as provided in 

subsection (c), the’’. 

Page 2, after line 11, insert the following (and redesignate the 

subsequent quoted subsection accordingly): 

‘‘(c) METHANE EMISSIONS.—Nothing in this section limits the authority of the Secretary of the Interior to issue regulations to require the minimization of venting and flaring of methane from oil 

and gas drilling operations on public lands, and to issue regulations designed to reduce fugitive methane emissions. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FLORES OF

TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 2, beginning at line 9, strike ‘‘regardless’’ and all that follows through line 11 and insert a period. 

Page 2, after line 11, insert the following: 


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‘‘(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. 

Page 2, beginning at line 23, strike ‘‘the’’ and all that follows 

through ‘‘process’’ and insert ‘‘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)’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE REED OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, after line 10, insert the following: 

SEC. ll. 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. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DEFAZIO

OF OREGON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. l01. REQUIREMENT TO OFFER FOR SALE ONLY IN THE UNITED 

STATES. 

The Secretary of the Interior shall require that all gas produced 

under a lease issued pursuant to authorities granted by this Act 

shall be offered for sale only in the United States. 


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5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. ll. REVIEW OF STATE ACTIVITIES. 

The Secretary of the Interior shall annually review and report to 

Congress on all State activities relating to hydraulic fracturing. 

Æ 


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