Sec. 7. Federal land freedom
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/bill/117/hr/8966/ih/section-7A 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 State means— a State; and the District of Columbia. The term State leasing, permitting, and regulatory program means a program established pursuant to State law that regulates the exploration and development of oil, natural gas, and other forms of energy on land located in the State.
Any State that has established a State leasing, permitting, and regulatory program may— submit to the Secretaries of the Interior, Agriculture, and Energy a declaration that a State leasing, permitting, and regulatory program has been established or amended; and seek to transfer responsibility for leasing, permitting, and regulating oil, natural gas, and other forms of energy development from the Federal Government to the State. Notwithstanding any other provision of law, on submission of a declaration under paragraph (1)(A), the State submitting the declaration may lease, permit, and regulate the exploration and development of oil, natural gas, and other forms of energy on Federal land located in the State in lieu of the Federal Government.
Any action by a State to lease, permit, or regulate the exploration and development of oil, natural gas, and other forms of energy pursuant to paragraph
(2)shall not be subject to, or considered a Federal action, Federal permit, or Federal license under— subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘‘Administrative Procedure Act’’); division A of subtitle III of title 54, United States Code; the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). Any lease or permit issued by a State pursuant to subsection
(b)shall include provisions for the collection of royalties or other revenues in an amount equal to the amount of royalties or revenues that would have been collected if the lease or permit had been issued by the Federal Government. Any revenues collected by a State from leasing or permitting on Federal land pursuant to subsection
(b)shall be deposited in the same Federal account in which the revenues would have been deposited if the lease or permit had been issued by the Federal Government. Nothing in this section prohibits a State from collecting and retaining a fee from an applicant to cover the administrative costs of processing an application for a lease or permit.
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