II 

113TH CONGRESS 

1ST SESSION S. 1482 

To recognize the primacy of States, provide for the consideration of the 

economic impact of additional regulations, and provide for standards 

and requirements relating to certain guidelines and regulations relating 

to health and the environment. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2013 

Mr. HOEVEN (for himself, Ms. LANDRIEU, Mr. PORTMAN, Ms. HEITKAMP, 

and Mr. VITTER) introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

To recognize the primacy of States, provide for the consideration of the economic impact of additional regulations, 

and provide for standards and requirements relating to 

certain guidelines and regulations relating to health and 

the environment. 

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 ‘‘Empower States Act 

5 of 2013’’. 


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1 SEC. 2. REGULATION OF OIL OR NATURAL GAS DEVELOP2 MENT ON FEDERAL LAND IN STATES. 

3 The Mineral Leasing Act is amended— 

4 (1) by redesignating section 44 (30 U.S.C. 181 

5 note) as section 45; and 

6 (2) by inserting after section 43 (30 U.S.C. 

7 226–3) the following: 

8 ‘‘SEC. 44. REGULATION OF OIL OR NATURAL GAS DEVELOP9 MENT ON FEDERAL LAND IN STATES. 

10 ‘‘(a) IN GENERAL.—Subject to subsection (b), the 

11 Secretary of the Interior shall not issue or promulgate any 

12 guideline or regulation relating to oil or gas exploration 

13 or production on Federal land in a State if the State has 

14 otherwise met the requirements under this Act or any 

15 other applicable Federal law. 

16 ‘‘(b) EXCEPTION.—The Secretary may issue or pro17 mulgate guidelines and regulations relating to oil or gas 

18 exploration or production on Federal land in a State if 

19 the Secretary of the Interior determines that as a result 

20 of the oil or gas exploration or production there is an im21 minent and substantial danger to the public health or envi22 ronment.’’. 

23 SEC. 3. REGULATIONS. 

24 Part E of the Safe Drinking Water Act (42 U.S.C. 

25 300j et seq.) is amended by adding at the end the fol26 lowing: 


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1 ‘‘SEC. 1459. REGULATIONS. 

2 ‘‘(a) COMMENTS RELATING TO OIL AND GAS EXPLO3 RATION AND PRODUCTION.—Before issuing or promul4 gating any guideline or regulation relating to oil and gas 

5 exploration and production on Federal, State, tribal, or 

6 fee land pursuant to this Act, the Federal Water Pollution 

7 Control Act (33 U.S.C. 1251 et seq.), the Clean Air Act 

8 (42 U.S.C. 7401 et seq.), the Act entitled ‘An Act to regu9 late the leasing of certain Indian lands for mining pur10 poses’, approved May 11, 1938 (commonly known as the 

11 ‘Indian Mineral Leasing Act of 1938’) (25 U.S.C. 396a 

12 et seq.), the Mineral Leasing Act (30 U.S.C. 181 et seq.), 

13 or any other provision of law or Executive order, the head 

14 of a Federal department or agency shall seek comments 

15 from and consult with the head of each affected State, 

16 State agency, and Indian tribe at a location within the 

17 jurisdiction of the State or Indian tribe, as applicable. 

18 ‘‘(b) STATEMENT OF ENERGY AND ECONOMIC IM19 PACT.—Each Federal department or agency described in 

20 subsection (a) shall develop a Statement of Energy and 

21 Economic Impact, which shall consist of a detailed state22 ment and analysis supported by credible objective evidence 

23 relating to— 

24 ‘‘(1) any adverse effects on energy supply, dis25 tribution, or use, including a shortfall in supply, 


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1 price increases, and increased use of foreign sup2 plies; and 

3 ‘‘(2) any impact on the domestic economy if the 

4 action is taken, including the loss of jobs and de5 crease of revenue to each of the general and edu6 cational funds of the State or affected Indian tribe. 

7 ‘‘(c) REGULATIONS.— 

8 ‘‘(1) IN GENERAL.—A Federal department or 

9 agency shall not impose any new or modified regula10 tion unless the head of the applicable Federal de11 partment or agency determines— 

12 ‘‘(A) that the rule is necessary to prevent 

13 imminent substantial danger to the public 

14 health or the environment; and 

15 ‘‘(B) by clear and convincing evidence, that 

16 the State or Indian tribe does not have an ex17 isting reasonable alternative to the proposed 

18 regulation. 

19 ‘‘(2) DISCLOSURE.—Any Federal regulation 

20 promulgated on or after the date of enactment of 

21 this paragraph that requires disclosure of hydraulic 

22 fracturing chemicals shall refer to the database man23 aged by the Ground Water Protection Council and 

24 the Interstate Oil and Gas Compact Commission (as 

25 in effect on the date of enactment of this Act). 


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1 ‘‘(d) JUDICIAL REVIEW.— 

2 ‘‘(1) IN GENERAL.—With respect to any regula3 tion described in this section, a State or Indian tribe 

4 adversely affected by an action carried out under the 

5 regulation shall be entitled to review by a United 

6 States district court located in the State or the Dis7 trict of Columbia of compliance by the applicable 

8 Federal department or agency with the requirements 

9 of this section. 

10 ‘‘(2) ACTION BY COURT.— 

11 ‘‘(A) IN GENERAL.—A district court pro12 viding review under this subsection may enjoin 

13 or mandate any action by a relevant Federal 

14 department or agency until the district court 

15 determines that the department or agency has 

16 complied with the requirements of this section. 

17 ‘‘(B) DAMAGES.—The court shall not order 

18 money damages. 

19 ‘‘(3) SCOPE AND STANDARD OF REVIEW.—In 

20 reviewing a regulation under this subsection— 

21 ‘‘(A) the court shall not consider any evi22 dence outside of the record that was before the 

23 agency; and 


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1 ‘‘(B) the standard of review shall be de 

2 novo.’’. 

Æ 


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