Title I: State Authority for Hydraulic Fracturing Regulation - Protecting States' Rights to Promote American Energy Security Act - (Sec. 102) 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.
(Sec. 103) Directs the Comptroller General (GAO) 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.
(Sec. 104) 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.
Title II: EPA Hydraulic Fracturing Research - EPA Hydraulic Fracturing Study Improvement Act - (Sec. 202) Requires the Administrator of the Environmental Protection Agency (EPA), in conducting the study of the potential impacts of hydraulic fracturing on drinking water resources, with respect to which a request for information was issued in November 2012, to:
Requires public release of the final report by September 30, 2016.
Title III: Miscellaneous Provisions - (Sec. 301) Directs the Secretary to review and report annually to Congress on all state activities relating to hydraulic fracturing.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2728 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2728
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
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To recognize States' authority to regulate oil and gas operations and
promote American energy security, development, and job creation.
Be it enacted by the Senate and House of Representatives 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 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.''.
<all>
DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of Whole proceeded with 10 minutes of debate on the Holt Part B amendment No. 1.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Holt Part B amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Holt demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of Whole proceeded with 10 minutes of debate on the Flores Part B amendment No. 2.
DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of Whole proceeded with 10 minutes of debate on the Reed Part B amendment No. 3.
DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of Whole proceeded with 10 minutes of debate on the DeFazio Part B amendment No. 4.
POSTPONED PROCEEDINGS - At the conclusion of debate on the DeFazio Part B amendment No. 4, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. DeFazio demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) Part B amendment No. 5.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
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MOMENT OF SILENCE - The House observed a moment of silence in remembrance of our brave men and women who have given their lives in the service of our country, and of all who serve in our armed forces and their familes.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2728.
The previous question was ordered pursuant to the rule. (consideration: CR H7295)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitue: CR H7288)
Mr. Lowenthal moved to recommit with instructions to Natural Resources. (consideration: CR H7295-7296; text: CR H7295)
DEBATE - The House proceeded with 10 minutes of debate on the Lowenthal motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House forthwith with an amendment to ensure that the underlying bill does not limit the authority of the Department of Interior or any state to require the public disclosure of chemicals used in hydraulic fracturing.
On motion to recommit with instructions Failed by recorded vote: 188 - 232 (Roll no. 603). (consideration: CR H7297)
Roll Call #603 (House)Passed/agreed to in House: On passage Passed by recorded vote: 235 - 187 (Roll no. 604).
Roll Call #604 (House)On passage Passed by recorded vote: 235 - 187 (Roll no. 604).
Roll Call #604 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 255.