Federal Land Freedom Act
This bill sets forth a process that allows a state (including the District of Columbia) to seek to transfer the responsibility of energy development on federal land within its boundaries from the federal government to the state. Federal land does not include land that, as of May 31, 2013, is (1) held for the benefit of an Indian tribe, (2) in the National Park System, (3) in the National Wildlife Refuge System, or (4) in a congressionally designated wilderness area.
To qualify for such a transfer of responsibility, a state must have a program that regulates the exploration and development of oil, natural gas, and other forms of energy on its land. The federal responsibility transfers to the state once the state submits to the Department of the Interior, the U.S. Department of Agriculture, and the Department of Energy a declaration that it has such a program and that it seeks to transfer the responsibility.
Any action taken by a state to lease, permit, or regulate the exploration and development of energy on federal land in lieu of the federal government is not subject to the Administrative Procedure Act, the National Historic Preservation Act, the Endangered Species Act of 1973, or the National Environmental Policy Act of 1969.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9535 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9535
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
December 14, 2022
Mr. Biggs (for himself, Mr. Stewart, Mr. Newhouse, Mrs. Bice of
Oklahoma, and Mr. Gosar) 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''.
SEC. 2. DEFINITIONS.
In this Act:
(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) State.--The term ``State'' means--
(A) a State; and
(B) the District of Columbia.
(3) State leasing, permitting, and regulatory program.--The
term ``State leasing, permitting, and regulatory program''
means a program established pursuant to State law that
regulates the exploration and development of oil, natural gas,
and other forms of energy on land located in the State.
SEC. 3. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL
AVAILABLE FEDERAL LAND.
(a) State Leasing, Permitting, and Regulatory Programs.--Any State
that has established a State leasing, permitting, and regulatory
program may--
(1) submit to the Secretaries of the Interior, Agriculture,
and Energy a declaration that a State leasing, permitting, and
regulatory program has been established or amended; and
(2) seek to transfer responsibility for leasing,
permitting, and regulating oil, natural gas, and other forms of
energy development from the Federal Government to the State.
(b) State Action Authorized.--Notwithstanding any other provision
of law, on submission of a declaration under subsection (a)(1), the
State submitting the declaration may lease, permit, and regulate the
exploration and development of oil, natural gas, and other forms of
energy on Federal land located in the State in lieu of the Federal
Government.
(c) Effect of State Action.--Any action by a State to lease,
permit, or regulate the exploration and development of oil, natural
gas, and other forms of energy pursuant to subsection (b) shall not be
subject to, or considered a Federal action, Federal permit, or Federal
license under--
(1) subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the ``Administrative
Procedure Act'');
(2) division A of subtitle III of title 54, United States
Code;
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); or
(4) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 4. NO EFFECT ON FEDERAL REVENUES.
(a) In General.--Any lease or permit issued by a State pursuant to
section 4 shall include provisions for the collection of royalties or
other revenues in an amount equal to the amount of royalties or
revenues that would have been collected if the lease or permit had been
issued by the Federal Government.
(b) Disposition of Revenues.--Any revenues collected by a State
from leasing or permitting on Federal land pursuant to section 4 shall
be deposited in the same Federal account in which the revenues would
have been deposited if the lease or permit had been issued by the
Federal Government.
(c) Effect on State Processing Fees.--Nothing in this Act prohibits
a State from collecting and retaining a fee from an applicant to cover
the administrative costs of processing an application for a lease or
permit.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
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