Federal Land Freedom Act of 2013 - Authorizes a state to: (1) establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the state would exercise its rights to develop all forms of energy resources on available federal land in the state; and (2) as a condition of certification, submit a declaration to the Departments of the Interior, Agriculture (USDA), and Energy (DOE) that such a program has been established or amended.
Considers each program certified under this Act as satisfying all applicable requirements of federal law and regulations, including: (1) the National Environmental Policy Act of 1969 (NEPA), (2) the Endangered Species Act of 1973, and (3) the National Historic Preservation Act.
Requires, upon submission of a declaration by a state, the program to be certified, and the state to receive all rights from the federal government to develop all forms of energy resources covered by the program.
Prohibits activities carried out in accordance with this Act from being subject to: (1) judicial review, and (2) the Administrative Procedure Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2511 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2511
To achieve domestic energy independence by empowering States to control
the development and production of all forms of energy on all available
Federal land.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2013
Mrs. Black (for herself, Mrs. Bachmann, Mr. Bishop of Utah, Mrs.
Blackburn, Mr. Bridenstine, Mr. Broun of Georgia, Mr. Cassidy, Mr.
Chaffetz, Mr. Cotton, Mr. Cramer, Mr. DesJarlais, Mr. Duncan of South
Carolina, Mr. Duncan of Tennessee, Mr. Fincher, Mr. Graves of Georgia,
Mr. Gohmert, Mr. Jordan, Mr. Mullin, Mr. Pompeo, Mr. Radel, Mr. Roe of
Tennessee, Mr. Salmon, Mr. Scalise, Mr. Smith of Missouri, Mr.
Southerland, Mr. Stewart, Mr. Stockman, Mr. Tipton, and Mr. Williams)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To achieve domestic energy independence by empowering States to control
the development and production of all forms of energy on all available
Federal land.
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 ``Federal Land Freedom Act of 2013''.
SEC. 2. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL
AVAILABLE FEDERAL LAND.
(a) Definitions.--In this section:
(1) Available federal land.--The term ``available Federal
land'' means any Federal land that, as of May 31, 2013--
(A) is located within the boundaries of a State;
(B) is not held by the United States in trust for
the benefit of a federally recognized Indian tribe;
(C) is not a unit of the National Park System;
(D) is not a unit of the National Wildlife Refuge
System; and
(E) is not a Congressionally designated wilderness
area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means--
(A) a State; and
(B) the District of Columbia.
(b) State Programs.--
(1) In general.--A State--
(A) may establish a program covering the leasing
and permitting processes, regulatory requirements, and
any other provisions by which the State would exercise
its rights to develop all forms of energy resources on
available Federal land in the State; and
(B) as a condition of certification under
subsection (c)(2) shall submit a declaration to the
Departments of the Interior, Agriculture, and Energy
that a program under subparagraph (A) has been
established or amended.
(2) Amendment of programs.--A State may amend a program
developed and certified under this section at any time.
(3) Certification of amended programs.--Any program amended
under paragraph (2) shall be certified under subsection (c)(2).
(c) Leasing, Permitting, and Regulatory Programs.--
(1) Satisfaction of federal requirements.--Each program
certified under this section shall be considered to satisfy all
applicable requirements of Federal law (including regulations),
including--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) the National Historic Preservation Act (16
U.S.C. 470 et seq.).
(2) Federal certification and transfer of development
rights.--Upon submission of a declaration by a State under
subsection (b)(1)(B)--
(A) the program under subsection (b)(1)(A) shall be
certified; and
(B) the State shall receive all rights from the
Federal Government to develop all forms of energy
resources covered by the program.
(3) Issuance of permits and leases.--If a State elects to
issue a permit or lease for the development of any form of
energy resource on any available Federal land within the
borders of the State in accordance with a program certified
under paragraph (2), the permit or lease shall be considered to
meet all applicable requirements of Federal law (including
regulations).
(d) Judicial Review.--Activities carried out in accordance with
this Act shall not be subject to judicial review.
(e) Administrative Procedure Act.--Activities carried out in
accordance with this Act shall not be subject to subchapter II of
chapter 5, and chapter 7, of title 5, United States Code (commonly
known as the ``Administrative Procedure Act'').
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Energy and Mineral Resources.
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