The bill preserves and clarifies federal grant access for states that permit hydraulic fracturing, but it excludes states that ban fracking from those grants and ties eligibility to a specific regulatory definition that could create legal uncertainty.
States that permit hydraulic fracturing retain eligibility for federal grants under 42 U.S.C. §17155, preserving federal funding for state projects and programs.
State governments and the administering Secretary get clearer grant-eligibility criteria because the bill ties the term to an existing 40 C.F.R. definition, reducing regulatory ambiguity for grant administration.
States that ban hydraulic fracturing lose eligibility for §17155 grants, reducing federal funds available for those states' programs and projects.
Communities (including rural and urban populations) in states that prohibit fracking could lose support for environmental, public‑health, or other locally delivered programs that relied on these grants.
Tying grant eligibility to a specific 40 C.F.R. definition could lock access to that regulatory language and create legal uncertainty or disputes if the regulation changes or a successor definition is contested.
Based on analysis of 2 sections of legislative text.
Makes any State that bans hydraulic fracturing ineligible for grants under the federal program in 42 U.S.C. §17155, using the definition in 40 C.F.R. §60.5430a to define "fracking."
Makes any State that bans or enforces a ban on hydraulic fracturing ineligible to receive grants under the federal grant program governed by 42 U.S.C. §17155. The change adds a new ineligibility rule tied to the regulatory definition of hydraulic fracturing in 40 C.F.R. §60.5430a, so states that establish or continue to enforce a state-level prohibition on fracking lose access to those federal grants.
Introduced June 5, 2025 by Claudia Tenney · Last progress June 5, 2025