Section 1 Short title
This Act may be cited as the “Fracturing Regulations are Effective in State Hands Act” or the “FRESH Act”.
Fracturing Regulations are Effective in State Hands Act
A BILL
To clarify that a State has the sole authority to regulate hydraulic fracturing on Federal land within the boundaries of the State.
Sec. 2 Definition of Federal land
In this Act, the term Federal land means—
public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702));
National Forest System land;
land under the jurisdiction of the Bureau of Reclamation; and
land under the jurisdiction of the Corps of Engineers.
Sec. 3 State authority
In general— A State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on or under any land within the boundaries of the State.
Federal land— The treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located.