H. Rept. 113-271 - 113th Congress (2013-2014)
November 18, 2013, As Reported by the Rules Committee

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House Report 113-271 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1965) TO STREAMLINE AND ENSURE ONSHORE ENERGY PERMITTING, PROVIDE FOR ONSHORE LEASING CERTAINTY, AND GIVE CERTAINTY TO OIL SHALE DEVELOPMENT FOR AMERICAN ENERGY SECURITY, ECONOMIC DEVELOPMENT, AND JOB CREATION, AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2728) TO RECOGNIZE STATES' AUTHORITY TO REGULATE OIL AND GAS OPERATIONS AND PROMOTE AMERICAN ENERGY SECURITY, DEVELOPMENT, AND JOB CREATION




[House Report 113-271]
[From the U.S. Government Printing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-271

======================================================================

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1965) TO STREAMLINE AND 
     ENSURE ONSHORE ENERGY PERMITTING, PROVIDE FOR ONSHORE LEASING 
  CERTAINTY, AND GIVE CERTAINTY TO OIL SHALE DEVELOPMENT FOR AMERICAN 
ENERGY SECURITY, ECONOMIC DEVELOPMENT, AND JOB CREATION, AND FOR OTHER 
 PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2728) TO 
  RECOGNIZE STATES' AUTHORITY TO REGULATE OIL AND GAS OPERATIONS AND 
    PROMOTE AMERICAN ENERGY SECURITY, DEVELOPMENT, AND JOB CREATION

                                _______
                                

 November 18, 2013.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

           Mr. Bishop of Utah, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 419]

    The Committee on Rules, having had under consideration 
House Resolution 419, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1965, the 
Federal Lands Jobs and Energy Security Act, under a structured 
rule. The resolution provides one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Natural Resources. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 113-26 shall be considered as adopted and the 
bill, as amended, shall be considered as read. The resolution 
waives all points of order against provisions in the bill, as 
amended. The resolution makes in order only those further 
amendments printed in part A of this report. Each such 
amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments 
printed in part A of this report. The rule provides one motion 
to recommit with or without instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 2728, the Protecting States' Rights to Promote American 
Energy Security Act, under a structured rule. The resolution 
provides one hour of general debate, with 40 minutes equally 
divided and controlled by the chair and ranking minority member 
of the Natural Resources and 20 minutes equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Science, Space, and Technology. The resolution 
waives all points of order against consideration of the bill. 
The resolution provides that an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 113-
27 shall be considered as adopted and the bill, as amended, 
shall be considered as read. The resolution waives all points 
of order against provisions in the bill, as amended. The 
resolution makes in order only those amendments printed in part 
B of this report. Each such amendment may be offered only in 
the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for division of the question in the House 
or in the Committee of the Whole. The resolution waives all 
points of order against the amendments printed in part B of 
this report. The resolution provides one motion to recommit 
with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 1965, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.R. 1965, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments to H.R. 1965 printed in part A of this report, 
the Committee is not aware of any points of order. The waiver 
is prophylactic in nature.
    Although the resolution waives all points of order against 
consideration of H.R. 2728, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.R. 2728, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments to H.R. 2728 printed in part B of this report, 
the Committee is not aware of any points of order. The waiver 
is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 89

    Motion by Mr. Polis to make in order and provide the 
appropriate waivers for amendment #11 to H.R. 1965, offered by 
Rep. Polis (CO) and Rep. Napolitano (CA), which requires the 
Director of the United States Geological Survey to study and 
prepare a report regarding the potential impacts of oil shale 
leasing on the quantity and quality of water available for 
agricultural and municipal use in Colorado, Utah, and Wyoming 
and amendment #6 to H.R. 2728, offered by Rep. Polis (CO), 
which eliminates a loophole in the Clean Air Act under which 
oil and gas exploration and production activities are exempt 
from complying with the Clean Air Act's aggregation requirement 
and adds hydrogen sulfide to the federal list of hazardous air 
pollutants. Defeated: 3-9.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................  ............
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

     SUMMARY OF THE AMENDMENTS TO H.R. 1965 IN PART A MADE IN ORDER

    1. Hastings, Doc (WA): MANAGER'S AMENDMENT Adjusts the 
amount of funds authorized to be made available to BLM field 
offices for energy permitting to ensure bill has a positive 
(deficit reducing) score. (10 minutes)
    2. Jackson Lee (TX): Preserves First Amendment Right To 
Petition. (10 minutes)
    3. Lowenthal (CA): Allows the Secretary of the Interior to 
continue to review actions that generally qualify for 
Categorical Exclusions to NEPA for possible Extraordinary 
Circumstances (e.g. Violations of a Federal law, or a State, 
local, or tribal law or requirement) which would then supersede 
the Categorical Exclusion and require further NEPA review. (10 
minutes)
    4. Jackson Lee (TX): Eliminates prohibition of award of 
attorney fees which otherwise would be recoverable under Equal 
Access to Justice Act. (10 minutes)
    5. Hanabusa (HI): Requires the Secretary of the Interior in 
consultation with the Secretary of Agriculture to include in 
their Quadrennial Federal Onshore Energy Production Strategy, 
the best estimate, based upon commercial and scientific data, 
of the expected increase in domestic production of geothermal, 
solar, wind, or other renewable energy sources on lands 
designated as Hawaiian Home Lands that the state agency or 
department responsible for the administration of these lands 
selects to be used for energy production. (10 minutes)
    6. Marino (PA): Requires the Secretary of the Interior to 
include Federal lands as a part of its plan to address new 
demands for oil and gas pipelines. (10 minutes)
    7. Polis (CO), Huffman (CA): Requires National Academy of 
Sciences to study and report to Congress about the impact of 
flooding on oil and gas facilities and the resulting instances 
of leaking and spills from tanks, wells, and pipelines. (10 
minutes)
    8. DeFazio (OR): Authorizes $10 million of the revenue 
generated by the underlying bill for the Commodity Futures 
Trading Commission to use existing authority to limit 
speculation in energy markets. (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 2728 IN PART B MADE IN ORDER

    1. Holt (NJ), Peters, Scott (CA), Polis (CO): Allows the 
Secretary of the Interior to issue regulations to reduce 
methane emissions from oil and gas drilling operations on 
public lands. (10 minutes)
    2. Flores (TX): Requires states to submit a copy of their 
hydraulic fracturing regulations and chemical disclosure 
requirements to the BLM for public disclosure and provides 
other technical/clarifying changes. (10 minutes)
    3. Reed (NY), Costa (CA): Directs the GAO to conduct a 
study on the economic benefits of domestic oil and gas 
production as result of hydraulic fracturing including job 
creation, energy prices and State and Federal revenues. (10 
minutes)
    4. DeFazio (OR): Prohibits the export of natural gas 
produced from public lands. (10 minutes)
    5. Jackson Lee (TX): The Secretary shall conduct an annual 
review of any and all state hydraulic fracturing activity and 
submit a report to Congress. (10 minutes)

         PART A--TEXT OF AMENDMENTS TO H.R. 1965 MADE IN ORDER

1. An Amendment To Be Offered by Representative Hastings of Washington 
               or His designee, Debatable for 10 Minutes

  Page 8, line 17, strike ``$10,000,000'' and insert 
``$5,000,000''.
                              ----------                              


2. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Page 9, line 9, strike the closing quotation marks and the 
following period, and after line 9 insert the following:
                  ``(C) Right to petition preserved.--This 
                paragraph shall not be construed to abridge the 
                right of the people to petition for the redress 
                of grievances, in violation of the first 
                article of amendment to the Constitution of the 
                United States.''.
                              ----------                              


3. An Amendment To Be Offered by Representative Lowenthal of California 
               or His Designee, Debatable for 10 Minutes

  Page 12, beginning at line 20, strike section 1132.
  Beginning at page 16, line 24, strike ``, except that'' and 
all that follows through page 17, line 2 and insert a period.
                              ----------                              


4. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Page 15, beginning at line 4, strike section 1147.
                              ----------                              


 5. An Amendment To Be Offered by Representative Hanabusa of Hawaii or 
                 Her Designee, Debatable for 10 Minutes

  Page 25, on line 15, strike ``and'', on line 20, strike the 
period and insert ``; and'', and after line 20 insert the 
following:
                  ``(H) the best estimate, based upon 
                commercial and scientific data, of the expected 
                increase in domestic production of geothermal, 
                solar, wind, or other renewable energy sources 
                from `available lands' (as such term is defined 
                in section 203 of the Hawaiian Homes Commission 
                Act, 1920 (42 Stat. 108 et seq.), and including 
                any other lands deemed by the Territory or 
                State of Hawaii, as the case may be, to be 
                included within that definition) that the 
                agency or department of the government of the 
                State of Hawaii that is responsible for the 
                administration of such lands selects to be used 
                for such energy production.
                              ----------                              


6. An Amendment To Be Offered by Representative Marino of Pennsylvania 
               or His Designee, Debatable for 10 Minutes

  Page 26, after line 4, insert the following:
          ``(6) The Secretary shall include in the Strategy a 
        plan for addressing new demands for transmission lines 
        and pipelines for distribution of oil and gas across 
        Federal lands to ensure that energy produced can be 
        distributed to areas of need.
                              ----------                              


 7. An Amendment To Be Offered by Representative Polis of Colorado or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

                   TITLE __--MISCELLANEOUS PROVISIONS

SEC. _01. STUDY OF EFFECTS OF FLOODING ON OIL AND GAS FACILITIES.

  The Secretary of the Interior shall enter into an arrangement 
with the National Academy of Sciences under which the Academy 
shall study and report to the Congress on the effect of 
flooding on oil and gas facilities, and the resulting instances 
of leaking and spills from tanks, wells, and pipelines.
                              ----------                              


 8. An Amendment To Be Offered by Representative DeFazio of Oregon or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following (and conform the 
table of contents accordingly):

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 6001. CERTAIN REVENUES GENERATED BY THIS ACT TO BE MADE AVAILABLE 
                    TO THE COMMODITY FUTURES TRADING COMMISSION TO 
                    LIMIT EXCESSIVE SPECULATION IN ENERGY MARKETS.

  The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by 
redesignating section 44 as section 45, and by inserting after 
section 43 the following:

``SEC. 44. REVENUES TO BE MADE AVAILABLE TO THE COMMODITY FUTURES 
                    TRADING COMMISSION.

  ``(a) Establishment of Treasury Account.--The Secretary of 
the Treasury (in this section referred to as the `Secretary') 
shall establish an account in the Treasury of the United 
States.
  ``(b) Deposit Into Account of Certain Revenues Generated by 
This Act.--The Secretary shall deposit into the account 
established under subsection (a) the first $10,000,000 of the 
total of the amounts received by the United States under leases 
issued under this Act or any plan, strategy, or program under 
this Act.
  ``(c) Availability and Use of Funds.--
          ``(1) In general.--Subject to paragraph (2), the 
        amounts in the account established under subsection (a) 
        shall be made available to the Commodity Futures 
        Trading Commission to use its existing authorities to 
        limit excessive speculation in energy markets.
          ``(2) Subject to appropriations.--The authority 
        provided in paragraph (1) may be exercised only to such 
        extent, and with respect to such amounts, as are 
        provided in advance in appropriations Acts.''.
                              ----------                              


         PART B--TEXT OF AMENDMENTS TO H.R. 2728 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Holt of New Jersey or 
                 His Designee, Debatable for 10 Minutes

  Page 1, line 14, strike ``The'' and insert ``Except as 
provided in subsection (c), the''.
  Page 2, line 4, strike ``The'' and insert ``Except as 
provided in subsection (c), the''.
  Page 2, after line 11, insert the following (and redesignate 
the subsequent quoted subsection accordingly):
  ``(c) Methane Emissions.--Nothing in this section limits the 
authority of the Secretary of the Interior to issue regulations 
to require the minimization of venting and flaring of methane 
from oil and gas drilling operations on public lands, and to 
issue regulations designed to reduce fugitive methane 
emissions.
                              ----------                              


2. An Amendment To Be Offered by Representative Flores of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 2, beginning at line 9, strike ``regardless'' and all 
that follows through line 11 and insert a period.
  Page 2, after line 11, insert the following:
  ``(c) Transparency of State Regulations.--
          ``(1) In general.--Each State shall submit to the 
        Bureau of Land Management a copy of its regulations 
        that apply to hydraulic fracturing operations on 
        Federal land.
          ``(2) Availability.--The Secretary of the Interior 
        shall make available to the public State regulations 
        submitted under this subsection.
  ``(d) Transparency of State Disclosure Requirements.--
          ``(1) In general.--Each State shall submit to the 
        Bureau of Land Management a copy of any regulations of 
        the State that require disclosure of chemicals used in 
        hydraulic fracturing operations on Federal land.
          ``(2) Availability.--The Secretary of the Interior 
        shall make available to the public State regulations 
        submitted under this subsection.
  Page 2, beginning at line 23, strike ``the'' and all that 
follows through ``process'' and insert ``the process of 
hydraulic fracturing (as that term is defined in section 44 of 
the Mineral Leasing Act, as amended by section 102 of this 
Act)''.
                              ----------                              


3. An Amendment To Be Offered by Representative Reed of New York or His 
                   Designee, Debatable for 10 Minutes

  Page 4, after line 10, insert the following:

SEC. __. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.

  (a) Study.--The Comptroller General of the United States 
shall conduct a study examining the economic benefits of 
domestic shale oil and gas production resulting from the 
process of hydraulic fracturing. This study will include 
identification of--
          (1) State and Federal revenue generated as a result 
        of shale gas production;
          (2) jobs created both directly and indirectly as a 
        result of shale oil and gas production; and
          (3) an estimate of potential energy prices without 
        domestic shale oil and gas production.
  (b) Report.--The Comptroller General shall submit a report on 
the findings of such study to the Committee on Natural 
Resources of the House of Representatives within 30 days after 
completion of the study.
                              ----------                              


 4. An Amendment To Be Offered by Representative DeFazio of Oregon or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

                   TITLE __--MISCELLANEOUS PROVISIONS

SEC. _01. REQUIREMENT TO OFFER FOR SALE ONLY IN THE UNITED STATES.

  The Secretary of the Interior shall require that all gas 
produced under a lease issued pursuant to authorities granted 
by this Act shall be offered for sale only in the United 
States.
                              ----------                              


5. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Add at the end the following:

                   TITLE __--MISCELLANEOUS PROVISIONS

SEC. __. REVIEW OF STATE ACTIVITIES.

  The Secretary of the Interior shall annually review and 
report to Congress on all State activities relating to 
hydraulic fracturing.