S.Amdt. 2605

1. Adds SEC. 7. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL AVAILABLE FEDERAL LAND on page 6, line 11

   Adds a sectionPrinted page

   Inserted: SEC. 7. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL AVAILABLE FEDERAL LAND.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Available federal land.--The term "available Federal land" means any Federal land that, as of May 31, 2013--

   Inserted: (A) is located within the boundaries of a State;

   Inserted: (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe;

   Inserted: (C) is not a unit of the National Park System;

   Inserted: (D) is not a unit of the National Wildlife Refuge System; and

   Inserted: (E) is not a Congressionally designated wilderness area.

   Inserted: (2) Secretary.--The term "Secretary" means the Secretary of the Interior.

   Inserted: (3) State.--The term "State" means--

   Inserted: (A) a State; and

   Inserted: (B) the District of Columbia.

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   Inserted: (b) State Programs.--

   Inserted: (1) In general.--A State--

   Inserted: (A) may establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the State would exercise its rights to develop all forms of energy resources on available Federal land in the State; and

   Inserted: (B) 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.

   Inserted: (2) Amendment of programs.--A State may amend a program developed and certified under this section at any time.

   Inserted: (3) Certification of amended programs.--Any program amended under paragraph (2) shall be certified under subsection (c)(2).

   Inserted: (c) Leasing, Permitting, and Regulatory Programs.--

   Inserted: (1) Satisfaction of federal requirements.--Each program certified under this section shall be considered to satisfy all applicable requirements of Federal law (including regulations), including--

   Inserted: (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

   Inserted: (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

   Inserted: (C) the National Historic Preservation Act (16 U.S.C. 470 et seq.).

   Inserted: (2) Federal certification and transfer of development rights.--Upon submission of a declaration by a State under subsection (b)(1)(B)(i)--

   Inserted: (A) the program under subsection (b)(1)(A) shall be certified; and

   Inserted: (B) the State shall receive all rights from the Federal Government to develop all forms of energy resources covered by the program.

   Inserted: (3) Issuance of permits and leases.--If a State elects to issue a permit or lease for the development of any form of energy 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).

   Inserted: (d) Judicial Review.--Activities carried out in accordance with this section shall not be subject to judicial review.

   Inserted: (e) Administrative Procedure Act.--Activities carried out in accordance with this section 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").

   Original wording

   On page 6, after line 11, add the following:

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As printed