US Federal 2023-2024 Regular Session

US Federal House Bill HB98

Introduced
1/9/23  
Refer
1/9/23  

Caption

Federal Land Freedom Act This bill sets forth a process that allows a state (including the District of Columbia) to seek to transfer the responsibility of energy development on available federal land within its boundaries from the federal government to the state. Available federal land does not include land that, as of May 31, 2013, is (1) held for the benefit of an Indian tribe, (2) in the National Park System, (3) in the National Wildlife Refuge System, or (4) in a congressionally designated wilderness area. To qualify for such a transfer of responsibility, a state must have a program that regulates the exploration and development of oil, natural gas, and other forms of energy on its land. The federal responsibility transfers to the state once the state submits to the Department of the Interior, the U.S. Department of Agriculture, and the Department of Energy a declaration that it has such a program and that it seeks to transfer the responsibility. Any action taken by a state to lease, permit, or regulate the exploration and development of energy on federal land in lieu of the federal government is not subject to the Administrative Procedure Act, the National Historic Preservation Act, the Endangered Species Act of 1973, or the National Environmental Policy Act of 1969.

Impact

The implications of HB 98 extend significantly into state and federal law concerning the management of natural resources. If enacted, the bill would transfer the regulatory powers from federal entities to state governments, allowing states to operate without the traditional federal oversight that governs the leasing and environmental assessment processes. This could potentially streamline energy production but also raises concerns regarding environmental protections that are typically enforced under federal law, including the Endangered Species Act and the National Environmental Policy Act.

Summary

House Bill 98, titled the 'Federal Land Freedom Act', seeks to enhance domestic energy independence by granting states the authority to manage the development and production of energy from available federal lands. The bill specifies that states (including the District of Columbia) can assume responsibility for energy development on federal land within their boundaries, provided they establish an adequate regulatory program for energy exploration and production based on state law. The types of available federal land exclude designated areas such as national parks and lands held in trust for Indian tribes.

Contention

Notably, the bill has sparked debate regarding the potential environmental impacts of such a transfer of control. Supporters argue that state management of these lands could lead to more efficient energy production and lower regulatory burdens on companies looking to extract resources. Conversely, opponents fear that states may prioritize economic gains over environmental safeguards, potentially leading to increased ecological degradation. The lack of federal oversight could limit comprehensive assessments of environmental impacts that are crucial for sustainable resource management.

Companion Bills

US SB20

Related bill Federal Land Freedom Act of 2023 This bill sets forth a process that allows a state (including the District of Columbia) to seek to transfer the responsibility of energy development on federal land within its boundaries from the federal government to the state. Federal land does not include land that, as of May 31, 2013, is (1) held for the benefit of an Indian tribe, (2) in the National Park System, (3) in the National Wildlife Refuge System, or (4) in a congressionally designated wilderness area. To qualify for such a transfer of responsibility, a state must have a program that regulates the exploration and development of oil, natural gas, and other forms of energy on its land. The federal responsibility transfers to the state once the state submits to the Department of the Interior, the U.S. Department of Agriculture, and the Department of Energy a declaration that it has such a program and that it seeks to transfer the responsibility. Any action taken by a state to lease, permit, or regulate the exploration and development of energy on federal land in lieu of the federal government is not subject to the Administrative Procedure Act, the National Historic Preservation Act, the Endangered Species Act of 1973, or the National Environmental Policy Act of 1969.

Previously Filed As

US HB676

To exempt Federal actions related to energy and mineral activities on certain Federal lands from the requirements of the National Environmental Policy Act of 1969.

US HB5257

To reaffirm the trust status of land taken into trust by the United States pursuant to the Act of June 18, 1934, for the benefit of an Indian Tribe that was federally recognized on the date that the land was taken into trust.

US HB172

Acre In, Acre Out Act This bill prescribes a new requirement for any acquisition of land by the Department of the Interior or the Department of Agriculture that would result in a net increase of total land acreage under the jurisdiction of the National Park Service, the U.S. Fish and Wildlife Service, the Bureau of Land Management, or the Forest Service. The department concerned must offer for sale an equal number of acres of federal land that is under the same jurisdictional status. The bill exempts from this requirement any easements acquired to facilitate management of federal lands. Land sold pursuant to this bill shall be offered for sale at fair market value (based on local comparable sales), with monthly price reductions if the land is not sold in six months. All net proceeds from the sale of federal lands pursuant to this bill shall be deposited directly into the Treasury for reduction of the public debt.

US A09500

Provides that a person shall not be deemed to have entered the lands owned or occupied by a nation, tribe, or band of Indians if such person is temporarily and continuously passing through such lands; provides that at the request of the Seneca nation, the superintendent of state police, a sheriff of a county that includes lands of the Seneca nation, or the chief of police of the city of Salamanca may enter into an agreement with the Seneca nation detailing the activities such law enforcement entity will undertake within the nation's federally-recognized Indian Country lands; provides that such agreements shall not be construed to limit powers, duties, and responsibilities to undertake activities on Indian lands; and provides that such agreements may include provisions related to the appointment of tribal members of Nation employees as police officers.

US S08834

Provides that a person shall not be deemed to have entered the lands owned or occupied by a nation, tribe, or band of Indians if such person is temporarily and continuously passing through such lands; provides that at the request of the Seneca nation, the superintendent of state police, a sheriff of a county that includes lands of the Seneca nation, or the chief of police of the city of Salamanca may enter into an agreement with the Seneca nation detailing the activities such law enforcement entity will undertake within the nation's federally-recognized Indian Country lands; provides that such agreements shall not be construed to limit powers, duties, and responsibilities to undertake activities on Indian lands; and provides that such agreements may include provisions related to the appointment of tribal members of Nation employees as police officers.

US SB01027

An Act Removing The Requirement That The State Oppose Applications By Federally Recognized Indian Tribes To Convert Any Parcel Of Fee Interest Land To Federal Trust Status.

US HB92

State Immigration Enforcement Act This bill authorizes state and local governments to enact and enforce laws that penalize conduct prohibited under federal immigration law. Such state and local laws may only impose civil and criminal penalties that do not exceed the penalties imposed by federal law. The bill also revokes a federal law that preempts (blocks) state and local laws that impose civil or criminal penalties for employing non-U.S. nationals who are not authorized to work in the United States.

US S02775

Establishes a right of first refusal in the state for federal public land to be transferred to private parties; prohibits the recording of any deeds for lands that have been transferred out of federal ownership to private ownership without giving the state the right of first refusal.

US S00384

Establishes a right of first refusal in the state for federal public land to be transferred to private parties; prohibits the recording of any deeds for lands that have been transferred out of federal ownership to private ownership without giving the state the right of first refusal.

US A03096

Establishes a right of first refusal in the state for federal public land to be transferred to private parties; prohibits the recording of any deeds for lands that have been transferred out of federal ownership to private ownership without giving the state the right of first refusal.

Similar Bills

No similar bills found.