IB Union Calendar No. 187 113th CONGRESS 1st Session H. R. 2728 [Report No. 113–261] 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 A BILL 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. ) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following: 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 regardless of whether those rules are duplicative, more or less restrictive, shall have different requirements, or do not meet Federal guidelines. (c) 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. . 3. Tribal authority on trust land The Department of the Interior shall not enforce any Federal regulation, guidance, or permit requirement regarding 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 consent of the beneficiary on whose behalf such land is held in trust or restricted status.

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