Sec. 3001. State control on all available Federal land
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/bill/113/hr/4304/ih/section-3001A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term available Federal land means any Federal land that, as of May 31, 2013— is located within the boundaries of a State; is not held by the United States in trust for the benefit of a federally recognized Indian tribe; is not a unit of the National Park System; is not a unit of the National Wildlife Refuge System; and is not a Congressionally designated wilderness area. The term Secretary means the Secretary of the Interior. The term State means— a State; and the District of Columbia.
A State— may establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the State would exercise its rights on available Federal land in the State; and 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. A State may amend a program developed and certified under this section at any time. Any program amended under paragraph
(2)shall be certified under subsection (c)(2). Each program certified under this section shall be considered to satisfy all applicable requirements of Federal law (including regulations), including— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ). Upon submission of a declaration by a State under subsection (b)(1)(B)— the program under subsection (b)(1)(A) shall be certified; and the State shall receive all rights from the Federal Government to develop all resources covered by the program. If a State elects to issue a permit or lease for the development of any 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). Activities carried out in accordance with this title shall not be subject to judicial review. Activities carried out in accordance with this title 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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