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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2728 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 255
113th CONGRESS
  1st Session
                                H. R. 2728

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 21, 2013

                     Received; read the first time

                            December 9, 2013

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT

 
 To recognize States' authority to regulate oil and gas operations and 
    promote American energy security, development, and job creation.

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

      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.
                                                       Calendar No. 255

113th CONGRESS

  1st Session

                               H. R. 2728

_______________________________________________________________________

                                 AN ACT

 To recognize States' authority to regulate oil and gas operations and 
    promote American energy security, development, and job creation.

_______________________________________________________________________

                            December 9, 2013

            Read the second time and placed on the calendar
```