Text: S.1233 — 113th Congress (2013-2014)

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Introduced in Senate (06/26/2013)


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[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[S. 1233 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1233

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

                             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.

    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 of 2013''.

SEC. 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'').
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