,,ii  #aacth ,,congress  #ast ,session  
,s4 #adhb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,august #a1    
#bjac ,mr4 ,hoeven 7for himself1 ,ms4   
,landrieu1 ,mr4 ,portman1 ,ms4          
,heitkamp1 and ,mr4 ,vitter7 introduced 
the following bill2 which was read twice
 and referred to the ,committee on      
,energy and ,natural ,resources  ,a     
,,bill  ,to recognize the primacy of    
,states1 provide for the consideration  
of the economic impact of additional    
regulations1 and provide for standards  
and requirements relating to certain    
guidelines and regulations relating to  
health and the environment4  #a4 ,short 
title ,this ,act may be cited as the    
,empower ,states ,act of #bjac4  #b4    
,regulation of oil or natural gas       
development on ,federal land in ,states 
,the ,mineral ,leasing ,act is amended--
  7#a7 by redesignating section #dd 7#cj
 ,u4,s4,c4 #aha note7 as section #de2   
and  7#b7 by inserting after section #dc
 7#cj ,u4,s4,c4 #bbf-c7 the following3  

#dd4 ,regulation of oil or natural gas  
development on ,federal land in ,states 
7a7 ,in general ,subject to subsection  
7b71 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 law4  7b7 ,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 environment4  4  #c4   
,regulations ,part ,e of the ,safe      
,drinking ,water ,act 7#db ,u4,s4,c4    
#cjj;j et seq47 is amended by adding at 
the end the following3  #adei4          
,regulations  7a7 ,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   
,federal1 ,state1 tribal1 or fee land   
pursuant to this ,act1 the ,federal     
,water ,pollution ,control ,act 7#cc    
,u4,s4,c4 #abea et seq471 the ,clean    
,air ,act 7#db ,u4,s4,c4 #gdja et seq471
 the ,act entitled ,an ,act to regulate 
the leasing of certain ,indian lands for
 mining purposes1 approved ,may #aa1    
#aich 7commonly known as the ,indian    
,mineral ,leasing ,act of #aich7 7#be   
,u4,s4,c4 #cif;a et seq471 the ,mineral 
,leasing ,act 7#cj ,u4,s4,c4 #aha et    
seq471 or any other provision of law or 
,executive order1 the head of a ,federal
 department or agency shall seek        
comments from and consult with the head 
of each affected ,state1 ,state agency1 
and ,indian tribe at a location within  
the jurisdiction of the ,state or       
,indian tribe1 as applicable4  7b7      
,statement of ,energy and ,economic     

,impact ,each ,federal department or    
agency described in subsection 7a7 shall
 develop a ,statement of ,energy and    
,economic ,impact1 which shall consist  
of a detailed statement and analysis    
supported by credible objective evidence
 relating to--  7#a7 any adverse effects
 on energy supply1 distribution1 or use1
 including a shortfall in supply1 price 
increases1 and increased use of foreign 
supplies2 and  7#b7 any impact on the   
domestic economy if the action is taken1
 including the loss of jobs and decrease
 of revenue to each of the general and  
educational funds of the ,state or      
affected ,indian tribe4  7c7            
,regulations  7#a7 ,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--  7,a7 that the rule is     
necessary to prevent imminent           
substantial danger to the public health 
or the environment2 and  7,b7 by clear  

and convincing evidence1 that the ,state
 or ,indian tribe does not have an      
existing reasonable alternative to the  
proposed regulation4  7#b7 ,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 7as in effect on the date of
 enactment of this ,act74  7d7 ,judicial
 review  7#a7 ,in general ,with respect 
to any regulation described in this     
section1 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 
section4  7#b7 ,action by court  7,a7   
,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 section4  7,b7 
,damages ,the court shall not order     
money damages4  7#c7 ,scope and standard
 of review ,in reviewing a regulation   
under this subsection--  7,a7 the court 
shall not consider any evidence outside 
of the record that was before the       
agency2 and  7,b7 the standard of review
 shall be de novo4  4