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Text as it was Introduced in House
June 5, 2025
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Related Legislation

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Amendments

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AI Insights

Analyzed 1 of 1 sections

Summary

Prohibits a State from receiving grants under the referenced Energy Independence and Security Act program if the State establishes or enforces a ban on hydraulic fracturing as defined in 40 C.F.R. §60.5430a. In short, states with fracking bans would be ineligible for those federal grants.

Key Points

  • Conditions federal grant eligibility on whether a State has a ban on hydraulic fracturing.
  • Uses the federal regulatory definition in 40 C.F.R. §60.5430a to define hydraulic fracturing for the eligibility test.
  • States that establish or enforce fracking bans become ineligible for the specified EISA program grants.
  • Imposes a new funding-related consequence on state energy and environmental policy decisions.
  • Requires federal grant administrators to check and enforce State eligibility based on fracking policies.
  • Does not create new spending or change tax law; it modifies eligibility for an existing grant program.
  • May push some States to change or delay fracking bans to maintain access to federal grant funds.
  • Could prompt legal or political disputes over what actions qualify as a ban and how enforcement is determined.

Categories & Tags

Agencies
Title 40, Code of Federal Regulations (reference to 40 C.F.R. § 60.5430a)
Subjects
Energy
Environment
hydraulic fracturing
federal grants
state eligibility

Provisions

1 items

A State is not eligible for a grant under the Section 545(c) program if the State establishes or continues to enforce a prohibition on hydraulic fracturing, as defined in 40 C.F.R. section 60.5430a (or any successor regulation).

prohibition
Affects: States (state governments; eligibility for grants under the Section 545(c) program)
Affected Groups
State Governments
Local Governments
Communities (general local communities served by water programs)
Businesses
+3 more

Impact Analysis

Who is affected and how:

  • State governments: Directly affected; States that have enacted or enforce bans on hydraulic fracturing would be barred from receiving grants under the referenced EISA program. This creates a financial incentive for States to avoid or repeal bans.

  • Federal grant administrators: Must implement eligibility checks and potentially develop procedures to determine whether a State’s law or enforcement constitutes a qualifying ban per the cited regulatory definition.

  • Local governments and communities: Indirectly affected; communities in States with fracking bans could lose benefits tied to the federal grants (program services, infrastructure, or other funded activities). Conversely, communities in States without bans may retain access to grant-funded programs.

  • Businesses and the oil & gas industry: Likely to benefit in States that avoid bans, since the provision reduces the financial consequences associated with allowing hydraulic fracturing; companies in States with bans could see reduced investment tied to loss of certain federal grant-supported programs.

  • Environmental and public-health stakeholders: Likely to be negatively affected in States that would otherwise adopt bans, because the provision reduces the federal grant incentive to restrict or prohibit fracking; this may heighten policy conflicts between environmental protection and economic/resource development priorities.

  • Legal and administrative consequences: The requirement to determine what counts as a ban may prompt disputes and administrative burden for federal agencies and States, including potential litigation about the scope of the federal definition and the interaction with state sovereignty over resource and land-use policy.

United StatesHouse Bill 3790HR 3790

Freedom to Frack Act

Energy
  1. house
  2. senate
  3. president

Last progress June 5, 2025 (8 months ago)

Introduced on June 5, 2025 by Claudia Tenney

House Votes

Pending Committee
June 5, 2025 (8 months ago)

Referred to the House Committee on Energy and Commerce.

Senate Votes

Vote Data Not Available

Presidential Signature

Signature Data Not Available