II 
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 oper-
ations and promote American energy security, develop-
ment, and job creation. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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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 per-
mit requirement regarding hydraulic fracturing, or any 
component of that process, relating to oil, gas, or geo-
thermal production activities on or under any land in any 
State that has regulations, guidance, or permit require-
ments 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 hy-
draulic fracturing, or any component of that process, re-
lating 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 regu-
lations that apply to hydraulic fracturing operations 
on Federal land. 
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‘‘(2) AVAILABILITY.—The Secretary of the In-
terior shall make available to the public State regu-
lations submitted under this subsection. 
‘‘(d) TRANSPARENCY OF STATE DISCLOSURE RE-
QUIREMENTS.— 
‘‘(1) IN GENERAL.—Each State shall submit to 
the Bureau of Land Management a copy of any reg-
ulations of the State that require disclosure of 
chemicals used in hydraulic fracturing operations on 
Federal land. 
‘‘(2) AVAILABILITY.—The Secretary of the In-
terior shall make available to the public State regu-
lations 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 bene-
fits of domestic shale oil and gas production resulting from 
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