The bill preserves and clarifies federal grant access for states that permit hydraulic fracturing, but excludes states that ban fracking from those funds and ties eligibility to a specific regulatory definition, risking reduced local support in those states and potential legal uncertainty.
State governments in jurisdictions that allow hydraulic fracturing retain eligibility for federal grants under 42 U.S.C. §17155, preserving federal funding for related projects in those states.
State governments gain clearer, more predictable grant-eligibility criteria because the bill ties the governing term to an existing 40 C.F.R. definition, reducing regulatory ambiguity for grant administration.
State governments in jurisdictions that ban hydraulic fracturing lose eligibility for §17155 grants, reducing federal funding available to those states.
Residents and local programs in states that prohibit fracking (including rural and urban communities) may face reduced support for environmental, health, or other projects that rely on these grants.
State governments and the administering Secretary face legal uncertainty because tying eligibility to a specific 40 C.F.R. definition could lock access to future regulatory changes or prompt disputes over successor definitions.
Based on analysis of 2 sections of legislative text.
Makes States that ban hydraulic fracturing ineligible for grants under the program in 42 U.S.C. §17155.
Official title: To direct the Secretary of Energy to restrict certain grants to any State that has in effect a law prohibiting hydraulic fracturing within such State, and for other purposes.
Introduced June 5, 2025 by Claudia Tenney · Last progress June 5, 2025
Makes a State ineligible for a specific federal grant program if the State creates or continues to enforce a ban on hydraulic fracturing as defined by federal regulation. The bill adds this ineligibility rule to the existing grant-eligibility statute, tying receipt of those federal grants to state-level policy on fracking.