II 

113TH CONGRESS 

1ST SESSION S. 1233 

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 SENATE OF THE UNITED STATES 

JUNE 26, 2013 

Mr. INHOFE (for himself, Mr. VITTER, Mr. PAUL, Mr. COBURN, Mr. CRAPO, 

Mr. CRUZ, Mr. JOHNSON of Wisconsin, Mr. LEE, Mr. HOEVEN, Mr. 

RUBIO, Mr. CORNYN, Mr. RISCH, Mr. ISAKSON, and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on Energy and 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Land Freedom 

5 Act of 2013’’. 


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1 SEC. 2. STATE CONTROL OF ENERGY DEVELOPMENT AND 

2 PRODUCTION ON ALL AVAILABLE FEDERAL 

3 LAND. 

4 (a) DEFINITIONS.—In this section: 

5 (1) AVAILABLE FEDERAL LAND.—The term 

6 ‘‘available Federal land’’ means any Federal land 

7 that, as of May 31, 2013— 

8 (A) is located within the boundaries of a 

9 State; 

10 (B) is not held by the United States in 

11 trust for the benefit of a federally recognized 

12 Indian tribe; 

13 (C) is not a unit of the National Park Sys14 tem; 

15 (D) is not a unit of the National Wildlife 

16 Refuge System; and 

17 (E) is not a Congressionally designated 

18 wilderness area. 

19 (2) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 (3) STATE.—The term ‘‘State’’ means— 

22 (A) a State; and 

23 (B) the District of Columbia. 

24 (b) STATE PROGRAMS.— 

25 (1) IN GENERAL.—A State— 


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1 (A) may establish a program covering the 

2 leasing and permitting processes, regulatory re3 quirements, and any other provisions by which 

4 the State would exercise its rights to develop all 

5 forms of energy resources on available Federal 

6 land in the State; and 

7 (B) as a condition of certification under 

8 subsection (c)(2) shall submit a declaration to 

9 the Departments of the Interior, Agriculture, 

10 and Energy that a program under subpara11 graph (A) has been established or amended. 

12 (2) AMENDMENT OF PROGRAMS.—A State may 

13 amend a program developed and certified under this 

14 section at any time. 

15 (3) CERTIFICATION OF AMENDED PROGRAMS.— 

16 Any program amended under paragraph (2) shall be 

17 certified under subsection (c)(2). 

18 (c) LEASING, PERMITTING, AND REGULATORY PRO19 GRAMS.— 

20 (1) SATISFACTION OF FEDERAL REQUIRE21 MENTS.—Each program certified under this section 

22 shall be considered to satisfy all applicable require23 ments of Federal law (including regulations), includ24 ing— 


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1 (A) the National Environmental Policy Act 

2 of 1969 (42 U.S.C. 4321 et seq.); 

3 (B) the Endangered Species Act of 1973 

4 (16 U.S.C. 1531 et seq.); and 

5 (C) the National Historic Preservation Act 

6 (16 U.S.C. 470 et seq.). 

7 (2) FEDERAL CERTIFICATION AND TRANSFER

8 OF DEVELOPMENT RIGHTS.—Upon submission of a 

9 declaration by a State under subsection 

10 (b)(1)(B)(i)— 

11 (A) the program under subsection 

12 (b)(1)(A) shall be certified; and 

13 (B) the State shall receive all rights from 

14 the Federal Government to develop all forms of 

15 energy resources covered by the program. 

16 (3) ISSUANCE OF PERMITS AND LEASES.—If a 

17 State elects to issue a permit or lease for the devel18 opment of any form of energy resource on any avail19 able Federal land within the borders of the State in 

20 accordance with a program certified under para21 graph (2), the permit or lease shall be considered to 

22 meet all applicable requirements of Federal law (in23 cluding regulations). 


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1 (d) JUDICIAL REVIEW.—Activities carried out in ac2 cordance with this Act shall not be subject to judicial re3 view. 

4 (e) ADMINISTRATIVE PROCEDURE ACT.—Activities 

5 carried out in accordance with this Act shall not be subject 

6 to subchapter II of chapter 5, and chapter 7, of title 5, 

7 United States Code (commonly known as the ‘‘Administra8 tive Procedure Act’’). 

Æ 


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