# Federal Land Freedom Act: What It Actually Does

This bill would shift control of energy development on most federal lands from the federal government to individual states. Right now, when oil, natural gas, or other energy companies want to drill or develop resources on federal land, they have to get permits and leases from federal agencies like the Department of Interior. This bill says that if a state has its own energy permitting system in place, that state can take over this job instead—meaning companies would deal with state regulators rather than federal ones.

The bill applies to most federal lands within state boundaries, with some important exceptions. It doesn't affect Native American tribal lands, national parks, national wildlife refuges, or congressionally designated wilderness areas. So the lands that could be affected are primarily national forests and Bureau of Land Management areas. Once a state submits a declaration that it has an energy program in place, it can start issuing its own leases and permits for oil, natural gas, and "other forms of energy" on these federal lands.

Here's where it gets significant: the bill removes several major federal safeguards from state-issued permits. Environmental reviews under the National Environmental Policy Act wouldn't be required, protections for endangered species wouldn't apply, and the federal Administrative Procedure Act wouldn't govern how states make decisions. States would only need to collect the same royalty payments that the federal government would have collected and send that money to the federal treasury. States could keep administrative fees to cover their own processing costs.

The practical effect would be that energy development on federal lands could potentially move faster and face fewer environmental restrictions, since states would have more flexibility than federal agencies currently do. However, this also means less federal oversight and coordination, and environmental protections that currently apply nationwide would no longer be guaranteed on these lands.

Federal Land Freedom Act

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 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.