H.R. 98: 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.

Written by the Congressional Research Service, Library of Congress.