S.Amdt. 3037

SA 3037. Mr. HOEVEN submitted an amendment intended to be proposed to
amendment SA 2953 proposed by Ms. Murkowski 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 end of subtitle B of title III, add the following:

SEC. 31__. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON
FEDERAL LAND IN STATES.

(a) In General.--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. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON
FEDERAL LAND IN STATES.

``(a) In General.--Subject to subsection (b), the Secretary
of the Interior shall not issue or promulgate any guideline
or regulation relating to oil or gas exploration or
production on Federal land in a State if the State has
otherwise met the requirements under this Act or any other
applicable Federal law.
``(b) Exception.--The Secretary may issue or promulgate
guidelines and regulations relating to oil or gas exploration
or production on Federal land in a State if the Secretary of
the Interior determines that as a result of the oil or gas
exploration or production there is an imminent and
substantial danger to the public health or environment.''.
(b) Regulations.--Part E of the Safe Drinking Water Act (42
U.S.C. 300j et seq.) is amended by adding at the end the
following:

``SEC. 1459. REGULATIONS.

``(a) Comments Relating to Oil and Gas Exploration and
Production.--Before issuing or promulgating any guideline or
regulation relating to oil and gas exploration and production
on Federal, State, tribal, or fee land pursuant to this Act,
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Act
entitled `An Act to regulate the leasing of certain Indian
lands for mining purposes', approved May 11, 1938 (commonly
known as the `Indian Mineral Leasing Act of 1938') (25 U.S.C.
396a et seq.), the Mineral Leasing Act (30 U.S.C. 181 et
seq.), or any other provision of law or Executive order, the
head of a Federal department or agency shall seek comments
from and consult with the head of each affected State, State
agency, and Indian tribe at a location within the
jurisdiction of the State or Indian tribe, as applicable.
``(b) Statement of Energy and Economic Impact.--Each
Federal department or agency described in subsection (a)
shall develop a

[[Page S291]]

Statement of Energy and Economic Impact, which shall consist
of a detailed statement and analysis supported by credible
objective evidence relating to--
``(1) any adverse effects on energy supply, distribution,
or use, including a shortfall in supply, price increases, and
increased use of foreign supplies; and
``(2) any impact on the domestic economy if the action is
taken, including the loss of jobs and decrease of revenue to
each of the general and educational funds of the State or
affected Indian tribe.
``(c) Regulations.--
``(1) In general.--A Federal department or agency shall not
impose any new or modified regulation unless the head of the
applicable Federal department or agency determines--
``(A) that the rule is necessary to prevent imminent
substantial danger to the public health or the environment;
and
``(B) by clear and convincing evidence, that the State or
Indian tribe does not have an existing reasonable alternative
to the proposed regulation.
``(2) Disclosure.--Any Federal regulation promulgated on or
after the date of enactment of the Energy Policy
Modernization Act of 2016 that requires disclosure of
hydraulic fracturing chemicals shall refer to the database
managed by the Ground Water Protection Council and the
Interstate Oil and Gas Compact Commission (as in effect on
the date of enactment of the Energy Policy Modernization Act
of 2016).
``(d) Judicial Review.--
``(1) In general.--With respect to any regulation described
in this section, a State or Indian tribe adversely affected
by an action carried out under the regulation shall be
entitled to review by a United States district court located
in the State or the District of Columbia of compliance by the
applicable Federal department or agency with the requirements
of this section.
``(2) Action by court.--
``(A) In general.--A district court providing review under
this subsection may enjoin or mandate any action by a
relevant Federal department or agency until the district
court determines that the department or agency has complied
with the requirements of this section.
``(B) Damages.--The court shall not order money damages.
``(3) Scope and standard of review.--In reviewing a
regulation under this subsection--
``(A) the court shall not consider any evidence outside of
the record that was before the agency; and
``(B) the standard of review shall be de novo.''.
______