What This Bill Does
This bill allows states to take control of oil, natural gas, and other forms of energy development on federal land within their borders. Instead of the federal government managing energy projects on this land, states with their own energy programs could handle leasing (renting land), permitting (granting permission), and regulating these activities.
Who It Affects
States and the District of Columbia; the federal Departments of Interior, Agriculture, and Energy; companies seeking to develop energy resources on federal land; and American taxpayers who receive revenue from energy leases.
Key Provisions
• States with established energy programs can submit a declaration to federal agencies requesting the ability to manage energy development on federal land within their state boundaries (Sec. 3(a))
• After submitting this declaration, a state can lease, permit, and regulate oil, natural gas, and other energy exploration and development on federal land instead of the federal government (Sec. 3(b))
• State actions to lease or permit energy development are not considered federal actions and are not subject to the Administrative Procedure Act, certain federal environmental laws, the Endangered Species Act, or the National Environmental Policy Act (Sec. 3(c))
• States must collect royalties or other revenues in the same amounts that the federal government would collect and deposit those revenues into the same federal accounts (Sec. 4(a) and 4(b))
• States can charge applicants fees to cover the costs of processing lease or permit applications (Sec. 4(c))
What Changes
If this becomes law, federal land that currently falls under federal energy management would shift to state control in participating states. The federal government would no longer directly lease or permit energy projects on this land in those states. However, the federal government would still receive the same amount of revenue from energy development that it currently receives.
Important Definitions
**Available Federal Land** means federal land within a state as of May 31, 2013 that is not held in trust for Native American tribes, not part of the National Park System, not part of the National Wildlife Refuge System, and not a congressionally designated wilderness area (Sec. 2(1))
**State Leasing, Permitting, and Regulatory Program** means a program created by state law that controls how oil, natural gas, and other forms of energy are explored and developed on land in that state (Sec. 2(3))
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 20
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
JANUARY 23 (legislative day, JANUARY 3), 2023
Mr. MULLIN 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.
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
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Act of 2023’’.
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SEC. 2. DEFINITIONS.
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In this Act:
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(1) AVAILABLE
FEDERAL
LAND.—The term
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‘‘available Federal land’’ means any Federal land
2
that, as of May 31, 2013—
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(A) is located within the boundaries of a
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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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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
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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-
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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 Federal land located in the State in lieu of the Federal
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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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sidered a Federal action, Federal permit, or Federal li-
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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 Federal
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land pursuant to section 3 shall be deposited in the same
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Federal account in which the revenues would have been
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deposited if the lease or permit had been issued by the
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Federal Government.
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(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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