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Bill113th CongressFiled Jul 18, 2013Energy
H.R. 2728

Protecting States' Rights to Promote American Energy Security Act

Bill journey · stage 2 of 5

Under committee review

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What it doesSummary passed house amended (Nov 20, 2013)

Title I: State Authority for Hydraulic Fracturing Regulation - Protecting States' Rights to Promote American Energy Security Act - (Sec. 102) Amends the Mineral Leasing Act to prohibit the Department of the Interior (Department) from enforcing any federal regulation, guidance, or permit requirement regarding hydraulic fracturing (including 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.

Defines "hydraulic fracturing" as the process by which fracturing fluids (including a fracturing fluid system) are pumped into an underground geologic formation to generate fractures or cracks, thereby increasing rock permeability near the wellbore and improving production of natural gas or oil.

Requires the Department to recognize and defer to state regulations, permitting, and guidance for all activities regarding hydraulic fracturing relating to oil, gas, or geothermal production activities on federal land.

Requires each state to submit to the Bureau of Land Management (BLM) a copy of its regulations that: (1) apply to hydraulic fracturing operations on federal land, and (2) require disclosure of chemicals used in hydraulic fracturing operations on federal land.

Directs the Secretary of the Interior to make such state regulations available to the public.

(Sec. 103) Directs the Comptroller General (GAO) to examine the economic benefits of domestic shale oil and gas production resulting from hydraulic fracturing, including identification of: (1) state and federal revenue generated as a result of shale gas production, (2) jobs created as a result of shale oil and gas production, and (3) an estimate of potential energy prices without domestic shale oil and gas production.

(Sec. 104) Prohibits the Department from enforcing any federal regulation, guidance, or permit requirement governing the hydraulic fracturing process, or any of its components, relating to oil, gas, or geothermal production activities on land held either 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 - EPA Hydraulic Fracturing Study Improvement Act - (Sec. 202) Requires the Administrator of the Environmental Protection Agency (EPA), in conducting the study of the potential impacts of hydraulic fracturing on drinking water resources, with respect to which a request for information was issued in November 2012, to:

  • prior to issuance and dissemination of any final or interim report summarizing EPA research on such relationship, consider such reports to be Highly Influential Scientific Assessments requiring peer review in accordance with specified EPA and Office of Management and Budget (OMB) policy documents;
  • require the reports to meet the standards and procedures for the dissemination of influential scientific, financial, or statistical information set forth in the EPA'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 OMB under the Treasury and General Government Appropriations Act for Fiscal Year 2001; and
  • ensure that identification of the possible impacts included in such reports be accompanied by objective estimates of the probability, uncertainty, and consequence of each identified impact.

Requires public release of the final report by September 30, 2016.

Title III: Miscellaneous Provisions - (Sec. 301) Directs the Secretary to review and report annually to Congress on all state activities relating to hydraulic fracturing.

What just happenedDec 9, 2013

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 255.

Who’s behind it

Rep. Flores, Bill [R-TX-17](R-TX)Sponsor
19 cosponsors1 D18 R
Read on Congress.gov
19cosponsors1committees37actions6amendments5related bills7subjects
  • Placed on Calendar SenateDec 9, 2013
  • Engrossed in HouseNov 20, 2013
  • Reported in HouseNov 12, 2013
  • Introduced in HouseJul 18, 2013
  1. Dec 9, 2013Calendars

    Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 255.

  2. Nov 21, 2013Calendars

    Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

  3. Nov 20, 2013FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  4. Nov 20, 2013FloorH37100

    On passage Passed by recorded vote: 235 - 187 (Roll no. 604).

  5. Nov 20, 2013Floor8000

    Passed/agreed to in House: On passage Passed by recorded vote: 235 - 187 (Roll no. 604).

  6. Nov 20, 2013FloorH36110

    On motion to recommit with instructions Failed by recorded vote: 188 - 232 (Roll no. 603). (consideration: CR H7297)

  7. Nov 20, 2013FloorH8D000

    DEBATE - The House proceeded with 10 minutes of debate on the Lowenthal motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House forthwith with an amendment to ensure that the underlying bill does not limit the authority of the Department of Interior or any state to require the public disclosure of chemicals used in hydraulic fracturing.

  8. Nov 20, 2013FloorH36100

    Mr. Lowenthal moved to recommit with instructions to Natural Resources. (consideration: CR H7295-7296; text: CR H7295)

  9. Nov 20, 2013FloorH34400

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitue: CR H7288)

  10. Nov 20, 2013FloorH35000

    The previous question was ordered pursuant to the rule. (consideration: CR H7295)

  11. Nov 20, 2013FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2728.

  12. Nov 20, 2013FloorH8D000

    MOMENT OF SILENCE - The House observed a moment of silence in remembrance of our brave men and women who have given their lives in the service of our country, and of all who serve in our armed forces and their familes.

  13. Nov 20, 2013FloorH8D000

    UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

  14. Nov 20, 2013FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) Part B amendment No. 5.

  15. Nov 20, 2013FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the DeFazio Part B amendment No. 4, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. DeFazio demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  16. Nov 20, 2013FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of Whole proceeded with 10 minutes of debate on the DeFazio Part B amendment No. 4.

  17. Nov 20, 2013FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of Whole proceeded with 10 minutes of debate on the Reed Part B amendment No. 3.

  18. Nov 20, 2013FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of Whole proceeded with 10 minutes of debate on the Flores Part B amendment No. 2.

  19. Nov 20, 2013FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Holt Part B amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Holt demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  20. Nov 20, 2013FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of Whole proceeded with 10 minutes of debate on the Holt Part B amendment No. 1.

  21. Nov 20, 2013FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2728.

  22. Nov 20, 2013FloorH32400

    The Speaker designated the Honorable Kevin Yoder to act as Chairman of the Committee.

  23. Nov 20, 2013FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 419 and Rule XVIII.

  24. Nov 20, 2013FloorH8D000

    The resolution provides for consideration of H.R. 1965 and H.R. 2728. The resolution provides for one hour of debate and makes in order only those further amendments printed in the Rules report 113-271. The rule provides one motion to recommit with or without instructions.

  25. Nov 20, 2013FloorH30000

    Considered under the provisions of rule H. Res. 419. (consideration: CR H7280-7297)

  26. Nov 19, 2013FloorH1L220

    Rule H. Res. 419 passed House.

  27. Nov 18, 2013FloorH1L210

    Rules Committee Resolution H. Res. 419 Reported to House. The resolution provides for consideration of H.R. 1965 and H.R. 2728. The resolution provides for one hour of debate and makes in order only those further amendments printed in the Rules report 113-271. The rule provides one motion to recommit with or without instructions.

  28. Nov 12, 2013CalendarsH12410

    Placed on the Union Calendar, Calendar No. 187.

  29. Nov 12, 2013CommitteeH12200

    Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-261.

  30. Nov 12, 2013Committee5000

    Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-261.

  31. Jul 31, 2013Committee

    Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 15.

  32. Jul 31, 2013Committee

    Committee Consideration and Mark-up Session Held.

  33. Jul 31, 2013Committee

    Subcommittee on Energy and Mineral Resources Discharged.

  34. Jul 18, 2013Committee

    Referred to the Subcommittee on Energy and Mineral Resources.

  35. Jul 18, 2013IntroReferralH11100

    Referred to the House Committee on Natural Resources.

  36. Jul 18, 2013IntroReferralIntro-H

    Introduced in House

  37. Jul 18, 2013IntroReferral1000

    Introduced in House

Passed House amendedNov 20, 201336

Title I: State Authority for Hydraulic Fracturing Regulation - Protecting States' Rights to Promote American Energy Security Act - (Sec. 102) Amends the Mineral Leasing Act to prohibit the Department of the Interior (Department) from enforcing any federal regulation, guidance, or permit requirement regarding hydraulic fracturing (including 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.

Defines "hydraulic fracturing" as the process by which fracturing fluids (including a fracturing fluid system) are pumped into an underground geologic formation to generate fractures or cracks, thereby increasing rock permeability near the wellbore and improving production of natural gas or oil.

Requires the Department to recognize and defer to state regulations, permitting, and guidance for all activities regarding hydraulic fracturing relating to oil, gas, or geothermal production activities on federal land.

Requires each state to submit to the Bureau of Land Management (BLM) a copy of its regulations that: (1) apply to hydraulic fracturing operations on federal land, and (2) require disclosure of chemicals used in hydraulic fracturing operations on federal land.

Directs the Secretary of the Interior to make such state regulations available to the public.

(Sec. 103) Directs the Comptroller General (GAO) to examine the economic benefits of domestic shale oil and gas production resulting from hydraulic fracturing, including identification of: (1) state and federal revenue generated as a result of shale gas production, (2) jobs created as a result of shale oil and gas production, and (3) an estimate of potential energy prices without domestic shale oil and gas production.

(Sec. 104) Prohibits the Department from enforcing any federal regulation, guidance, or permit requirement governing the hydraulic fracturing process, or any of its components, relating to oil, gas, or geothermal production activities on land held either 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 - EPA Hydraulic Fracturing Study Improvement Act - (Sec. 202) Requires the Administrator of the Environmental Protection Agency (EPA), in conducting the study of the potential impacts of hydraulic fracturing on drinking water resources, with respect to which a request for information was issued in November 2012, to:

  • prior to issuance and dissemination of any final or interim report summarizing EPA research on such relationship, consider such reports to be Highly Influential Scientific Assessments requiring peer review in accordance with specified EPA and Office of Management and Budget (OMB) policy documents;
  • require the reports to meet the standards and procedures for the dissemination of influential scientific, financial, or statistical information set forth in the EPA'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 OMB under the Treasury and General Government Appropriations Act for Fiscal Year 2001; and
  • ensure that identification of the possible impacts included in such reports be accompanied by objective estimates of the probability, uncertainty, and consequence of each identified impact.

Requires public release of the final report by September 30, 2016.

Title III: Miscellaneous Provisions - (Sec. 301) Directs the Secretary to review and report annually to Congress on all state activities relating to hydraulic fracturing.

Introduced in HouseJul 18, 2013

Protecting States' Rights to Promote American Energy Security Act - Amends the Mineral Leasing Act to prohibit the Department of the Interior from enforcing any federal regulation, guidance, or permit requirement regarding hydraulic fracturing (including 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.

Requires the Department to recognize and defer to state regulations, permitting, and guidance, for all activities related to hydraulic fracturing relating to oil, gas, or geothermal production activities on federal land regardless of whether those rules are duplicative, more or less restrictive, have different requirements, or do not meet federal guidelines.

Defines "hydraulic fracturing" as the process by which fracturing fluids (including a fracturing fluid system) are pumped into an underground geologic formation to generate fractures or cracks, thereby increasing rock permeability near the wellbore and improving production of natural gas or oil.

Protecting States' Rights to Promote American Energy Security Act — Informed