What This Bill Does
This bill says that states have complete power to make rules about hydraulic fracturing (injecting fluids under pressure into rock to release oil, natural gas or geothermal energy) within their borders. The bill makes clear that these state rules apply even when hydraulic fracturing happens on federal land (land owned by the U.S. government) located within a state.
Who It Affects
States, companies that conduct hydraulic fracturing operations on federal land within state boundaries, and the federal government.
Key Provisions
- States get sole authority to create, enforce or require permits for hydraulic fracturing activities within their boundaries (Sec. 3(a))
- Hydraulic fracturing on federal land must follow the laws of the state where that federal land is located (Sec. 3(b))
- Federal land includes public lands, National Forest System land, land managed by the Bureau of Reclamation and land managed by the Corps of Engineers (Sec. 2)
What Changes
If this becomes law, states would have complete regulatory control over hydraulic fracturing activities on federal land within their borders rather than federal agencies having that control.
Important Definitions
The bill defines "federal land" to mean public lands, National Forest System land, land under Bureau of Reclamation jurisdiction and land under Corps of Engineers jurisdiction (Sec. 2).
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 19
To clarify that a State has the sole authority to regulate hydraulic fracturing
on Federal land within the boundaries of the State.
IN THE SENATE OF THE UNITED STATES
JANUARY 23 (legislative day, JANUARY 3), 2023
Mr. MULLIN introduced the following bill; which was read twice and referred
to the Committee on Energy and Natural Resources
A BILL
To clarify that a State has the sole authority to regulate
hydraulic fracturing on Federal land within the bound-
aries of the State.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Fracturing Regula-
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tions are Effective in State Hands Act’’ or the ‘‘FRESH
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Act’’.
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SEC. 2. DEFINITION OF FEDERAL LAND.
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In this Act, the term ‘‘Federal land’’ means—
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•S 19 IS
(1) public lands (as defined in section 103 of
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the Federal Land Policy and Management Act of
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1976 (43 U.S.C. 1702));
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(2) National Forest System land;
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(3) land under the jurisdiction of the Bureau of
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Reclamation; and
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(4) land under the jurisdiction of the Corps of
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Engineers.
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SEC. 3. STATE AUTHORITY.
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(a) IN GENERAL.—A State shall have the sole au-
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thority to promulgate or enforce any regulation, guidance,
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or permit requirement regarding the treatment of a well
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by the application of fluids under pressure to which prop-
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ping agents may be added for the expressly designed pur-
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pose of initiating or propagating fractures in a target geo-
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logic formation in order to enhance production of oil, nat-
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ural gas, or geothermal production activities on or under
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any land within the boundaries of the State.
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(b) FEDERAL LAND.—The treatment of a well by the
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application of fluids under pressure to which propping
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agents may be added for the expressly designed purpose
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of initiating or propagating fractures in a target geologic
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formation in order to enhance production of oil, natural
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gas, or geothermal production activities on Federal land
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•S 19 IS
shall be subject to the law of the State in which the land
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is located.
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Æ
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