Federal Land Freedom Act

Subjects: Energy, Endangered and threatened species, Energy revenues and royalties, Intergovernmental relations, Land use and conservation, Licensing and registrations, Mining, Oil and gas, State and local finance, State and local government operations, User charges and fees

Summary:  <p><b>Federal Land Freedom Act</b></p> <p>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 available federal land within its boundaries from the federal government to the state. Available 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.</p> <p>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.</p> <p>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.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 98 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 H. R. 98

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

                            January 9, 2023

  Mr. Biggs 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 available 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 3 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 available Federal land pursuant to 
section 3 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.
                                 &lt;all&gt;
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