S.Amdt. 2956

SA 2956. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill S. 2012, to provide for the modernization of the energy
policy of the United States, and for other purposes; which was ordered
to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. STATE AUTHORITY FOR HYDRAULIC FRACTURING
REGULATION.

The Mineral Leasing Act is amended--
(1) by redesignating section 44 (30 U.S.C. 181 note) as
section 45; and
(2) by inserting after section 43 (30 U.S.C. 226-3) the
following:

``SEC. 44. STATE AUTHORITY FOR HYDRAULIC FRACTURING
REGULATION.

``(a) Definition of Hydraulic Fracturing.--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, as a result, increase the
permeability of the rock near the wellbore and improve
production of natural gas or oil.
``(b) Prohibition.--The Secretary of the Interior shall not
enforce any Federal regulation, guidance, or permit
requirement regarding hydraulic fracturing, or any component
of hydraulic fracturing, relating to oil, gas, or geothermal
production activities on or under any land in any State that
has regulations, guidance, or permit requirements for
hydraulic fracturing.
``(c) State Authority.--The Secretary shall recognize and
defer to State regulations, guidance, and permitting for all
activities regarding hydraulic fracturing, or any component
of hydraulic fracturing, relating to oil, gas, or geothermal
production activities on Federal land regardless of whether
the regulations, guidance, and permitting are duplicative,
more or less restrictive, have different requirements, or do
not meet Federal regulations, guidance, or permit
requirements.''.
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