State and Tribal authority for hydraulic fracturing regulation
Title I — Oil and gas leasing and permitting › Subtitle B — Permitting of Federal oil and gas minerals
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The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by inserting after section 44 (as added by section 1201(a)(2)) the following: 45. State and Tribal authority for hydraulic fracturing regulation (a) Definitions In this section: (1) Hydraulic fracturing 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..