S.Amdt. 46Senate114th Congress (2015-2017)

S.Amdt. 46

What it does: Adds SEC. ___. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION after section 2
Submitted January 16, 2015

What it changes

1 change to S. 1 · shown in the bill's text

Adds a section
  1. Adds SEC. ___. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION after section 2

    Adds a section

    In S. 1 · Placed on Calendar Senate

    (e) Private Property Savings Clause.--Nothing in this Act alters any Federal, State, or local process or condition in effect on the date of enactment of this Act that is necessary to secure access from an owner of private property to construct the pipeline and cross-border facilities described in subsection (a).

    Inserted: SEC. ___. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.

    Inserted: The Mineral Leasing Act is amended--

    Inserted: (1) by redesignating section 44 (30 U.S.C. 181 note) as section 45; and

    Inserted: (2) by inserting after section 43 (30 U.S.C. 226-3) the following:

    Inserted: "SEC. 44. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.

    Inserted: "(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.

    Inserted: "(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.

    Inserted: "(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.".

    Original wording

    After section 2, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 46. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 1, to approve the Keystone XL Pipeline; which was ordered to lie on the table; as follows:

After section 2, 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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Senate amendment submitted

January 16, 2015

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Senate amendment submitted

January 16, 2015

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Senate amendment submitted

January 16, 2015