STATUS:

• August 1, 2013.--Introduced.

Empower States Act of 2013 (Introduced in Senate - IS)

S 1482 IS

To recognize the primacy of States, provide for the consideration of the economic impact of additional regulations, and provide for standards and requirements relating to certain guidelines and regulations relating to health and the environment.

Mr. HOEVEN (for himself, Ms. LANDRIEU, Mr. PORTMAN, Ms. HEITKAMP, and Mr. VITTER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

To recognize the primacy of States, provide for the consideration of the economic impact of additional regulations, and provide for standards and requirements relating to certain guidelines and regulations relating to health and the environment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Empower States Act of 2013'.

SEC. 2. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON FEDERAL LAND IN STATES.

The Mineral Leasing Act is amended--

(1) by redesignating section 44 (30 U.S.C. 181 note) as section 45; and

(2) by inserting after section 43 (30 U.S.C. 226-3) the following:

`SEC. 44. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON FEDERAL LAND IN STATES.

`(a) In General- Subject to subsection (b), the Secretary of the Interior shall not issue or promulgate any guideline or regulation relating to oil or gas exploration or production on Federal land in a State if the State has otherwise met the requirements under this Act or any other applicable Federal law.

`(b) Exception- The Secretary may issue or promulgate guidelines and regulations relating to oil or gas exploration or production on Federal land in a State if the Secretary of the Interior determines that as a result of the oil or gas exploration or production there is an imminent and substantial danger to the public health or environment.'.

SEC. 3. REGULATIONS.

Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following:

`SEC. 1459. REGULATIONS.

`(a) Comments Relating to Oil and Gas Exploration and Production- Before issuing or promulgating any guideline or regulation relating to oil and gas exploration and production on Federal, State, tribal, or fee land pursuant to this Act, the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Act entitled `An Act to regulate the leasing of certain Indian lands for mining purposes', approved May 11, 1938 (commonly known as the `Indian Mineral Leasing Act of 1938') (25 U.S.C. 396a et seq.), the Mineral Leasing Act (30 U.S.C. 181 et seq.), or any other provision of law or Executive order, the head of a Federal department or agency shall seek comments from and consult with the head of each affected State, State agency, and Indian tribe at a location within the jurisdiction of the State or Indian tribe, as applicable.

`(b) Statement of Energy and Economic Impact- Each Federal department or agency described in subsection (a) shall develop a Statement of Energy and Economic Impact, which shall consist of a detailed statement and analysis supported by credible objective evidence relating to--

`(1) any adverse effects on energy supply, distribution, or use, including a shortfall in supply, price increases, and increased use of foreign supplies; and

`(2) any impact on the domestic economy if the action is taken, including the loss of jobs and decrease of revenue to each of the general and educational funds of the State or affected Indian tribe.

`(c) Regulations-

`(1) IN GENERAL- A Federal department or agency shall not impose any new or modified regulation unless the head of the applicable Federal department or agency determines--

`(A) that the rule is necessary to prevent imminent substantial danger to the public health or the environment; and

`(B) by clear and convincing evidence, that the State or Indian tribe does not have an existing reasonable alternative to the proposed regulation.

`(2) DISCLOSURE- Any Federal regulation promulgated on or after the date of enactment of this paragraph that requires disclosure of hydraulic fracturing chemicals shall refer to the database managed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission (as in effect on the date of enactment of this Act).

`(d) Judicial Review-

`(1) IN GENERAL- With respect to any regulation described in this section, a State or Indian tribe adversely affected by an action carried out under the regulation shall be entitled to review by a United States district court located in the State or the District of Columbia of compliance by the applicable Federal department or agency with the requirements of this section.

`(2) ACTION BY COURT-

`(A) IN GENERAL- A district court providing review under this subsection may enjoin or mandate any action by a relevant Federal department or agency until the district court determines that the department or agency has complied with the requirements of this section.

`(B) DAMAGES- The court shall not order money damages.

`(3) SCOPE AND STANDARD OF REVIEW- In reviewing a regulation under this subsection--

`(A) the court shall not consider any evidence outside of the record that was before the agency; and

`(B) the standard of review shall be de novo.'.