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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] 

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•HR 2728 RH

A BILL 

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

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•HR 2728 RH

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 ‘‘Protecting States’ Rights 

5 to Promote American Energy Security Act’’. 

6 SEC. 2. STATE AUTHORITY FOR HYDRAULIC FRACTURING 

7 REGULATION. 

8 The Mineral Leasing Act (30 U.S.C. 181 et seq.) is 

9 amended by redesignating section 44 as section 45, and by 

10 inserting after section 43 the following: 

11 ‘‘SEC. 44. STATE AUTHORITY FOR HYDRAULIC FRACTURING 

12 REGULATION. 

13 ‘‘(a) IN GENERAL.—The Department of the Interior 

14 shall not enforce any Federal regulation, guidance, or per15 mit requirement regarding hydraulic fracturing, or any 

16 component of that process, relating to oil, gas, or geothermal 

17 production activities on or under any land in any State 

18 that has regulations, guidance, or permit requirements for 

19 that activity. 

20 ‘‘(b) STATE AUTHORITY.—The Department of the Inte21 rior shall recognize and defer to State regulations, permit22 ting, and guidance, for all activities related to hydraulic 

23 fracturing, or any component of that process, relating to 

24 oil, gas, or geothermal production activities on Federal land 

25 regardless of whether those rules are duplicative, more or 

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•HR 2728 RH

1 less restrictive, shall have different requirements, or do not 

2 meet Federal guidelines. 

3 ‘‘(c) HYDRAULIC FRACTURING DEFINED.—In this sec4 tion the term ‘hydraulic fracturing’ means the process by 

5 which fracturing fluids (or a fracturing fluid system) are 

6 pumped into an underground geologic formation at a cal7 culated, predetermined rate and pressure to generate frac8 tures or cracks in the target formation and thereby increase 

9 the permeability of the rock near the wellbore and improve 

10 production of natural gas or oil.’’. 

11 SEC. 3. TRIBAL AUTHORITY ON TRUST LAND. 

12 The Department of the Interior shall not enforce any 

13 Federal regulation, guidance, or permit requirement re14 garding the underground injection of fluids or propping 

15 agents as part of the hydraulic fracturing process, or any 

16 component of that process, relating to oil, gas, or geothermal 

17 production activities on any land held in trust or restricted 

18 status for the benefit of Indians except with the express con19 sent of the beneficiary on whose behalf such land is held 

20 in trust or restricted status. 

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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 

curity, development, and job creation. gas operations and promote American energy seNOVEMBER 12, 2013 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

mstockstill on DSK4VPTVN1PROD with BILLS