What it changes

1 change to S. 2657

Adds a section
  1. Adds Subtitle D--Miscellaneous SEC. 24___. STATE AND TRIBAL AUTHORITY FOR HYDRAULIC FRACTURING REGULATION at the end of title II

    Adds a section

    Inserted: Subtitle D--Miscellaneous SEC. 24___. STATE AND TRIBAL AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.

    Inserted: The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended--

    Inserted: (1) by redesignating section 44 as section 45; and

    Inserted: (2) by adding after section 43 the following:

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

    Inserted: "(a) In General.--In this section:

    Inserted: "(1) Hydraulic fracturing defined.--The term 'hydraulic fracturing' means the process of creating small cracks or fractures in underground geological formations for well stimulation purposes of bringing hydrocarbons into the wellbore and to the surface for capture.

    Inserted: "(2) Secretary.--The term 'Secretary' means the Secretary of the Interior.

    Inserted: "(b) Enforcement of Federal Regulations.--The Secretary shall not enforce any Federal regulation, guidance, or permit requirement regarding 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 that activity.

    Inserted: "(c) State Authority.--The Secretary shall defer to State regulations, guidance, and permit requirements for all activities regarding hydraulic fracturing relating to oil, gas, or geothermal production activities on Federal land.

    Inserted: "(d) Transparency of State Regulations.--

    Inserted: "(1) In general.--Each State shall submit to the Bureau of Land Management a copy of the regulations of the State that apply to hydraulic fracturing operations on Federal land, including the regulations that require disclosure of chemicals used in hydraulic fracturing operations.

    Show 2 more inserted paragraphs

    Inserted: "(2) Availability.--The Secretary shall make available to the public on the website of the Secretary the regulations submitted under paragraph (1).

    Inserted: "(e) Tribal Authority on Trust Land.--The Secretary shall not enforce any Federal regulation, guidance, or permit requirement with respect to hydraulic fracturing on any land held in trust or restricted status for the benefit of a federally recognized Indian Tribe or a member of a federally recognized Indian Tribe, except with the express consent of the beneficiary on whose behalf the land is held in trust or restricted status.".

    Original wording

    At the end of title II, add the following:

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

As printed

SA 1403. Mr. BARRASSO (for himself and Mr. Cramer) submitted an amendment intended to be proposed by him to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title II, add the following:

Subtitle D--Miscellaneous SEC. 24___. STATE AND TRIBAL AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.

The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended--

(1) by redesignating section 44 as section 45; and

(2) by adding after section 43 the following:

“SEC. 44. STATE AND TRIBAL AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.

“(a) In General.--In this section:

“(1) Hydraulic fracturing defined.--The term ‘hydraulic fracturing' means the process of creating small cracks or fractures in underground geological formations for well stimulation purposes of bringing hydrocarbons into the wellbore and to the surface for capture.

“(2) Secretary.--The term ‘Secretary' means the Secretary of the Interior.

“(b) Enforcement of Federal Regulations.--The Secretary shall not enforce any Federal regulation, guidance, or permit requirement regarding 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 that activity.

“(c) State Authority.--The Secretary shall defer to State regulations, guidance, and permit requirements for all activities regarding hydraulic fracturing relating to oil, gas, or geothermal production activities on Federal land.

“(d) Transparency of State Regulations.--

“(1) In general.--Each State shall submit to the Bureau of Land Management a copy of the regulations of the State that apply to hydraulic fracturing operations on Federal land, including the regulations that require disclosure of chemicals used in hydraulic fracturing operations.

“(2) Availability.--The Secretary shall make available to the public on the website of the Secretary the regulations submitted under paragraph (1).

“(e) Tribal Authority on Trust Land.--The Secretary shall not enforce any Federal regulation, guidance, or permit requirement with respect to hydraulic fracturing on any land held in trust or restricted status for the benefit of a federally recognized Indian Tribe or a member of a federally recognized Indian Tribe, except with the express consent of the beneficiary on whose behalf the land is held in trust or restricted status.”.

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Senate amendment submitted

March 3, 2020