IB 
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 re-
ferred 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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A BILL 
To recognize States’ authority to regulate oil and gas oper-
ations and promote American energy security, develop-
ment, and job creation. 
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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 ‘‘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 per-
mit 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 Inte-
rior shall recognize and defer to State regulations, permit-
ting, 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 
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less restrictive, shall have different requirements, or do not 
meet Federal guidelines. 
‘‘(c) HYDRAULIC FRACTURING DEFINED.—In this sec-
tion 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 cal-
culated, predetermined rate and pressure to generate frac-
tures 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 re-
garding 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 con-
sent of the beneficiary on whose behalf such land is held 
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 
gas operations and promote American energy se-
curity, development, and job creation. 
NOVEMBER 12, 2013 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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22:06 Nov 12, 2013
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