S. 1233 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1233 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. Short title This Act may be cited as the Federal Land Freedom Act of 2013. 2. State control of energy development and production on all available federal land (a) Definitions In this section: (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) Secretary The term Secretary means the Secretary of the Interior. (3) State The term State means— (A) a State; and (B) the District of Columbia. (b) State programs (1) In general A State— (A) may establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the State would exercise its rights to develop all forms of energy resources on available Federal land in the State; and (B) as a condition of certification under subsection (c)(2) shall submit a declaration to the Departments of the Interior, Agriculture, and Energy that a program under subparagraph (A) has been established or amended. (2) Amendment of programs A State may amend a program developed and certified under this section at any time. (3) Certification of amended programs Any program amended under paragraph (2) shall be certified under subsection (c)(2). (c) Leasing, permitting, and regulatory programs (1) Satisfaction of Federal requirements Each program certified under this section shall be considered to satisfy all applicable requirements of Federal law (including regulations), including— (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) the National Historic Preservation Act (16 U.S.C. 470 et seq.). (2) Federal certification and transfer of development rights Upon submission of a declaration by a State under subsection (b)(1)(B)(i)— (A) the program under subsection (b)(1)(A) shall be certified; and (B) the State shall receive all rights from the Federal Government to develop all forms of energy resources covered by the program. (3) Issuance of permits and leases If a State elects to issue a permit or lease for the development of any form of energy resource on any available Federal land within the borders of the State in accordance with a program certified under paragraph (2), the permit or lease shall be considered to meet all applicable requirements of Federal law (including regulations). (d) Judicial review Activities carried out in accordance with this Act shall not be subject to judicial review. (e) Administrative Procedure Act Activities carried out in accordance with this Act shall not be subject to subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act).