What This Bill Does
This bill allows states to take over control of energy development on certain federal lands instead of the federal government managing it. States with their own energy programs can submit a declaration and then lease, permit and regulate oil, natural gas and other forms of energy on these federal lands within their borders.
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Who It Affects
States and the District of Columbia that have established energy development programs. Federal agencies including the Department of Interior, Department of Agriculture and Department of Energy. Energy companies seeking to develop oil, natural gas and other energy sources on federal lands. The federal government regarding energy permitting responsibilities.
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Key Provisions
- States with an established energy leasing, permitting and regulatory program can submit a declaration to take over responsibility for energy development on available federal land (Sec. 3(a))
- After submitting a declaration, a state may lease, permit and regulate oil, natural gas and other energy development on available federal land instead of the federal government (Sec. 3(b))
- State actions under this bill are not considered federal actions and are exempt from the Administrative Procedure Act (a law requiring federal agencies to follow specific processes), the Endangered Species Act and the National Environmental Policy Act (Sec. 3(c))
- States must collect royalties and other revenues in the same amount the federal government would collect and deposit these revenues in the same federal accounts (Sec. 4(a), 4(b))
- States can collect and keep fees from applicants to cover their own administrative costs for processing lease and permit applications (Sec. 4(c))
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What Changes
If this bill becomes law, states with energy programs can take over leasing and permitting for energy development on federal lands within their borders. The federal government would no longer handle these decisions. States would collect the same royalties the federal government currently collects. Federal environmental laws would not apply to state decisions under this bill.
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Important Definitions
**Available Federal Land:** Federal land within a state that as of May 31, 2013 is not held in trust for Native American tribes, is not part of the National Park System, is not part of the National Wildlife Refuge System and is not a congressionally designated wilderness area.
**State:** Any U.S. state or the District of Columbia.
**State Leasing, Permitting and Regulatory Program:** A program created by state law that regulates exploration and development of oil, natural gas and other energy forms on land in that state.
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Effective Date
Not specified in bill text
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-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Federal Land Freedom
4
Act’’.
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SEC. 2. DEFINITIONS.
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In this Act:
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•HR 98 IH
(1) AVAILABLE
FEDERAL
LAND.—The term
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‘‘available Federal land’’ means any Federal land
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that, as of May 31, 2013—
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(A) is located within the boundaries of a
4
State;
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(B) is not held by the United States in
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trust for the benefit of a federally recognized
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Indian tribe;
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(C) is not a unit of the National Park Sys-
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tem;
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(D) is not a unit of the National Wildlife
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Refuge System; and
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(E) is not a congressionally designated wil-
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derness area.
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(2) STATE.—The term ‘‘State’’ means—
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(A) a State; and
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(B) the District of Columbia.
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(3) STATE LEASING, PERMITTING, AND REGU-
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LATORY PROGRAM.—The term ‘‘State leasing, per-
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mitting, and regulatory program’’ means a program
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established pursuant to State law that regulates the
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exploration and development of oil, natural gas, and
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other forms of energy on land located in the State.
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•HR 98 IH
SEC. 3. STATE CONTROL OF ENERGY DEVELOPMENT AND
1
PRODUCTION ON ALL AVAILABLE FEDERAL
2
LAND.
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(a) STATE
LEASING, PERMITTING, AND
REGU-
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LATORY PROGRAMS.—Any State that has established a
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State leasing, permitting, and regulatory program may—
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(1) submit to the Secretaries of the Interior,
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Agriculture, and Energy a declaration that a State
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leasing, permitting, and regulatory program has
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been established or amended; and
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(2) seek to transfer responsibility for leasing,
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permitting, and regulating oil, natural gas, and
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other forms of energy development from the Federal
13
Government to the State.
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(b) STATE ACTION AUTHORIZED.—Notwithstanding
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any other provision of law, on submission of a declaration
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under subsection (a)(1), the State submitting the declara-
17
tion may lease, permit, and regulate the exploration and
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development of oil, natural gas, and other forms of energy
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on available Federal land located in the State in lieu of
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the Federal Government.
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(c) EFFECT OF STATE ACTION.—Any action by a
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State to lease, permit, or regulate the exploration and de-
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velopment of oil, natural gas, and other forms of energy
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pursuant to subsection (b) shall not be subject to, or con-
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•HR 98 IH
sidered a Federal action, Federal permit, or Federal li-
1
cense under—
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(1) subchapter II of chapter 5, and chapter 7,
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of title 5, United States Code (commonly known as
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the ‘‘Administrative Procedure Act’’);
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(2) division A of subtitle III of title 54, United
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States Code;
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(3) the Endangered Species Act of 1973 (16
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U.S.C. 1531 et seq.); or
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(4) the National Environmental Policy Act of
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1969 (42 U.S.C. 4321 et seq.).
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SEC. 4. NO EFFECT ON FEDERAL REVENUES.
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(a) IN GENERAL.—Any lease or permit issued by a
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State pursuant to section 3 shall include provisions for
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the collection of royalties or other revenues in an amount
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equal to the amount of royalties or revenues that would
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have been collected if the lease or permit had been issued
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by the Federal Government.
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(b) DISPOSITION OF REVENUES.—Any revenues col-
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lected by a State from leasing or permitting on available
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Federal land pursuant to section 3 shall be deposited in
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the same Federal account in which the revenues would
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have been deposited if the lease or permit had been issued
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by the Federal Government.
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•HR 98 IH
(c) EFFECT ON STATE PROCESSING FEES.—Nothing
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in this Act prohibits a State from collecting and retaining
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a fee from an applicant to cover the administrative costs
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of processing an application for a lease or permit.
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Æ
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