I 
112TH CONGRESS 
1ST SESSION H. R. 3229 
To amend the Outer Continental Shelf Lands Act and the Mineral Leasing 
Act to require the Secretary of the Interior to issue regulations to 
prevent or minimize the venting and flaring of gas in oil and gas 
production operations in the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 14, 2011 
Mr. MARKEY (for himself and Mr. HOLT) introduced the following bill; which 
was referred to the Committee on Natural Resources 
A BILL 
To amend the Outer Continental Shelf Lands Act and the 
Mineral Leasing Act to require the Secretary of the 
Interior to issue regulations to prevent or minimize the 
venting and flaring of gas in oil and gas production 
operations in the United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fuel Loss Abatement 
and Royalty Enhancement Act’’ or the ‘‘FLARE Act’’. 
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SEC. 2. REGULATIONS TO PREVENT OR MINIMIZE THE 
VENTING AND FLARING OF GAS. 
(a) OUTER CONTINENTAL SHELF LANDS ACT.—The 
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
seq.) is amended by inserting after section 9 the following: 
‘‘SEC. 10. REGULATIONS TO PREVENT OR MINIMIZE THE 
VENTING AND FLARING OF GAS. 
‘‘(a) IN GENERAL.—The Secretary shall issue regula-
tions under this Act to prevent or minimize the venting 
and flaring of gas in oil and gas production operations 
in the United States and to promote the capture and bene-
ficial use or reinjection of gas in such operations. 
‘‘(b) ROYALTIES.—Regulations issued under this sec-
tion shall include provisions that treat gas that is flared 
or vented in operations under a lease under this Act as 
production for which royalty is required to be paid to the 
United States.’’. 
(b) MINERAL LEASING ACT.—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. REGULATIONS TO PREVENT OR MINIMIZE THE 
VENTING AND FLARING OF GAS. 
‘‘(a) IN GENERAL.—The Secretary shall issue regula-
tions under this Act to prevent or minimize the venting 
and flaring of gas in oil and gas production operations 
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in the United States and to promote the capture and bene-
ficial use or reinjection of gas in such operations. 
‘‘(b) ROYALTIES.—Regulations issued under this sec-
tion shall include provisions that treat gas that is flared 
or vented in operations under a lease under this Act as 
production for which royalty is required to be paid to the 
United States.’’. 
(c) LIMITATION
ON
APPLICATION
TO
EXISTING 
LEASES.—Regulations issued under section 10(b) of the 
Outer Continental Shelf Lands Act, as amended by this 
Act, and regulations issued under section 43(b) of the 
Mineral Leasing Act, as amended by this Act, shall not 
apply with respect to production under a lease in effect 
on the date of enactment of this Act to the extent such 
application would constitute a breach of the terms of the 
lease by the United States. 
SEC. 3. ASSESSMENT OF VENTING AND FLARING OF GAS IN 
PRODUCTION OPERATIONS IN THE UNITED 
STATES. 
Not later than 18 months after the date of enactment 
of this Act, the Secretary of the Interior shall assess and 
report to the Congress on the venting and flaring of gas 
in oil and gas production operations in the United States. 
The report shall include an estimate of the volume of gas 
that is vented or flared in such operations each year. 
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SEC. 4. ENVIRONMENTAL REVIEW OF VENTING AND FLAR-
ING OF GAS IN PRODUCTION OPERATIONS IN 
THE UNITED STATES. 
Any finding or permit issued by a Federal agency 
that will authorize flaring or venting of gas in oil and gas 
production operations in the United States is a major Fed-
eral action significantly affecting the quality of the human 
environment for purposes of section 102 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332). 
SEC. 5. REGULATIONS. 
The Secretary of the Interior shall issue regulations 
that define the terms ‘‘vent’’, ‘‘venting’’, ‘‘flare’’, and 
‘‘flaring’’ for purposes of this Act and the amendments 
made by this Act. 
Æ 
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