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Code · BILL · 116th Congress · S. 218 (Introduced in Senate) — To empower States to manage the development and production of oil and gas on available Federal land, and for other pu... · Sec. 5

Sec. 5. State and Tribal authority for hydraulic fracturing regulation

263 words·~1 min read·/bill/116/s/218/is/section-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Mineral Leasing Act ( 30 U.S.C. 181 et seq.) is amended by inserting after section 45 (as added by section 4) the following: In this section: 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. The term Secretary means the Secretary of the Interior. 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.
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. 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. The Secretary shall make available to the public on the website of the Secretary the regulations submitted under paragraph (1).
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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Sec. 5
State and Tribal authority for hydraulic fracturing regulation
U.S.C.§ 181
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