[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2728 Placed on Calendar Senate (PCS)]
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 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,
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''.
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 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.
``(c) Transparency of State Regulations.--
``(1) In general.--Each State shall submit to the Bureau of
Land Management a copy of its regulations that apply to
hydraulic fracturing operations on Federal land.
``(2) Availability.--The Secretary of the Interior shall
make available to the public State regulations submitted under
this subsection.
``(d) Transparency of State Disclosure Requirements.--
``(1) In general.--Each State shall submit to the Bureau of
Land Management a copy of any regulations of the State that
require disclosure of chemicals used in hydraulic fracturing
operations on Federal land.
``(2) Availability.--The Secretary of the Interior shall
make available to the public State regulations 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 benefits of domestic shale oil
and gas production resulting from the process of hydraulic fracturing.
This study will include identification of--
(1) State and Federal revenue generated as a result of
shale gas production;
(2) jobs created both directly and indirectly as a result
of shale oil and gas production; and
(3) an estimate of potential energy prices without domestic
shale oil and gas production.
(b) Report.--The Comptroller General shall submit a report on the
findings of such study to the Committee on Natural Resources of the
House of Representatives within 30 days after completion of the study.
SEC. 104. TRIBAL AUTHORITY ON TRUST LAND.
The Department of the Interior shall not enforce any Federal
regulation, guidance, or permit requirement regarding the process of
hydraulic fracturing (as that term is defined in section 44 of the
Mineral Leasing Act, as amended by section 102 of this Act), 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.
TITLE II--EPA HYDRAULIC FRACTURING RESEARCH
SEC. 201. SHORT TITLE.
This title may be cited as the ``EPA Hydraulic Fracturing Study
Improvement Act''.
SEC. 202. EPA HYDRAULIC FRACTURING RESEARCH.
In conducting its study of the potential impacts of hydraulic
fracturing on drinking water resources, with respect to which a request
for information was issued under Federal Register Vol. 77, No. 218, the
Administrator of the Environmental Protection Agency shall adhere to
the following requirements:
(1) Peer review and information quality.--Prior to issuance
and dissemination of any final report or any interim report
summarizing the Environmental Protection Agency's research on
the relationship between hydraulic fracturing and drinking
water, the Administrator shall--
(A) consider such reports to be Highly Influential
Scientific Assessments and require peer review of such
reports in accordance with guidelines governing such
assessments, as described in--
(i) the Environmental Protection Agency's
Peer Review Handbook 3rd Edition;
(ii) the Environmental Protection Agency's
Scientific Integrity Policy, as in effect on
the date of enactment of this Act; and
(iii) the Office of Management and Budget's
Peer Review Bulletin, as in effect on the date
of enactment of this Act; and
(B) require such reports to meet the standards and
procedures for the dissemination of influential
scientific, financial, or statistical information set
forth in the Environmental Protection Agency's
Guidelines for Ensuring and Maximizing the Quality,
Objectivity, Utility, and Integrity of Information
Disseminated by the Environmental Protection Agency,
developed in response to guidelines issued by the
Office of Management and Budget under section 515(a) of
the Treasury and General Government Appropriations Act
for Fiscal Year 2001 (Public Law 106-554).
(2) Probability, uncertainty, and consequence.--In order to
maximize the quality and utility of information developed
through the study, the Administrator shall ensure that
identification of the possible impacts of hydraulic fracturing
on drinking water resources included in such reports be
accompanied by objective estimates of the probability,
uncertainty, and consequence of each identified impact, taking
into account the risk management practices of States and
industry. Estimates or descriptions of probability,
uncertainty, and consequence shall be as quantitative as
possible given the validity, accuracy, precision, and other
quality attributes of the underlying data and analyses, but no
more quantitative than the data and analyses can support.
(3) Release of final report.--The final report shall be
publicly released by September 30, 2016.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. REVIEW OF STATE ACTIVITIES.
The Secretary of the Interior shall annually review and report to
Congress on all State activities relating to hydraulic fracturing.
Passed the House of Representatives November 20, 2013.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 255
113th CONGRESS
1st Session
H. R. 2728
_______________________________________________________________________
AN ACT
To recognize States' authority to regulate oil and gas operations and
promote American energy security, development, and job creation.
_______________________________________________________________________
December 9, 2013
Read the second time and placed on the calendar