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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2728 Reported in House (RH)]

                                                 Union Calendar No. 187
113th CONGRESS
  1st Session
                                H. R. 2728

                          [Report No. 113-261]

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2013

 Mr. Flores (for himself, Mr. Cuellar, Mr. Hastings of Washington, Mr. 
  Lamborn, and Mrs. Lummis) introduced the following bill; which was 
             referred to the Committee on Natural Resources

                           November 12, 2013

    Additional sponsors: Mr. Cramer, Mr. Fleming, Mr. Lankford, Mr. 
McKinley, Mr. Hensarling, Mr. Radel, Mr. Weber of Texas, Mr. Griffin of 
  Arkansas, Mr. Pearce, Mr. Kelly of Pennsylvania, Mr. Barletta, Mr. 
          Woodall, Mr. Carter, Mr. Farenthold, and Mr. Hudson

                           November 12, 2013

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               18, 2013]

_______________________________________________________________________

                                 A BILL

 
 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting States' Rights to Promote 
American Energy Security Act''.

SEC. 2. 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 regardless of whether those rules are duplicative, more 
or less restrictive, shall have different requirements, or do not meet 
Federal guidelines.
    ``(c) 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. 3. TRIBAL AUTHORITY ON TRUST LAND.

    The Department of the Interior shall not enforce any Federal 
regulation, guidance, or permit requirement regarding the underground 
injection of fluids or propping agents as part of the hydraulic 
fracturing process, 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.
                                                 Union Calendar No. 187

113th CONGRESS

  1st Session

                               H. R. 2728

                          [Report No. 113-261]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 12, 2013

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```