I 
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 Representa-
tives 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: 
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(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 Sys-
tem; 
(D) is not a unit of the National Wildlife 
Refuge System; and 
(E) is not a congressionally designated wil-
derness area. 
(2) STATE.—The term ‘‘State’’ means— 
(A) a State; and 
(B) the District of Columbia. 
(3) STATE LEASING, PERMITTING, AND REGU-
LATORY PROGRAM.—The term ‘‘State leasing, per-
mitting, 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. 
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SEC. 3. STATE CONTROL OF ENERGY DEVELOPMENT AND 
PRODUCTION ON ALL AVAILABLE FEDERAL 
LAND. 
(a) STATE
LEASING, PERMITTING, AND
REGU-
LATORY 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 declara-
tion 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 de-
velopment of oil, natural gas, and other forms of energy 
pursuant to subsection (b) shall not be subject to, or con-
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sidered a Federal action, Federal permit, or Federal li-
cense 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 col-
lected 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. 
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(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. 
Æ 
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