Protecting States' Rights to Promote American Energy Security Act

To recognize States’ authority to regulate oil and gas operations and promote American energy security, development, and job creation. 1. Short title This Act may be cited as the Protecting States’ Rights to Promote American Energy Security Act 2. State authority for hydraulic fracturing regulation The Mineral Leasing Act ( 30 U.S.C. 181 et seq. 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 . 3. 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. 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 2 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. 5. Review of State activities The Secretary of the Interior shall annually review and report to Congress on all State activities relating to hydraulic fracturing.

Summary: Protecting States' Rights to Promote American Energy Security Act Amends the Mineral Leasing Act to prohibit the Department of the Interior (Department) from enforcing any federal regulation, guidance, or permit requirement regarding hydraulic fracturing (including 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. Defines "hydraulic fracturing" as the process by which fracturing fluids (including a fracturing fluid system) are pumped into an underground geologic formation to generate fractures or cracks, thereby increasing rock permeability near the wellbore and improving production of natural gas or oil. Requires the Department to recognize and defer to state regulations, permitting, and guidance for all activities regarding hydraulic fracturing relating to oil, gas, or geothermal production activities on federal land. Requires each state to submit to the Bureau of Land Management (BLM) a copy of its regulations that: (1) apply to hydraulic fracturing operations on federal land, and (2) require disclosure of chemicals used in hydraulic fracturing operations on federal land. Directs the Secretary of the Interior to make such state regulations available to the public. Directs the Comptroller General to examine the economic benefits of domestic shale oil and gas production resulting from hydraulic fracturing, including identification of: (1) state and federal revenue generated as a result of shale gas production, (2) jobs created as a result of shale oil and gas production, and (3) an estimate of potential energy prices without domestic shale oil and gas production. Prohibits the Department from enforcing any federal regulation, guidance, or permit requirement governing the hydraulic fracturing process, or any of its components, relating to oil, gas, or geothermal production activities on land held either 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.