Protecting American Energy Jobs Act
This bill limits the President's authority to prohibit or withdraw federal land or waters from energy production activities.
Specifically, the bill requires the President and federal agencies to obtain the approval of Congress before prohibiting or substantially delaying certain new energy or mineral leases or permits on federal lands, including oil and gas leases, coal leases, hard rock leases, or critical minerals leases.
In addition, the President and agencies must obtain the approval of Congress before withdrawing certain federal lands from mineral and geothermal leasing activities. Further, the bill repeals the President's authority to withdraw unleased lands on the outer Continental Shelf from oil and gas leasing.
The bill nullifies
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 859 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 859
To prohibit the President from issuing moratoria on leasing and
permitting energy and minerals on certain Federal land, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2021
Mrs. Boebert (for herself, Mr. Perry, Mr. Gosar, Mr. Weber of Texas,
Mr. Newhouse, Mr. Brooks, Mr. Steube, Mr. Kelly of Mississippi, Mr.
Gohmert, Mr. Estes, Mr. Biggs, Mr. Babin, Mr. Banks, Mr. Duncan, Mr.
Griffith, Mr. Young, Mr. Emmer, Mr. Hice of Georgia, Mr. Stauber, Mr.
Roy, Mr. Baird, Mr. Cline, and Mr. Westerman) introduced the following
bill; which was referred to the Committee on Natural Resources, and in
addition to the Committees on Agriculture, Oversight and Reform,
Transportation and Infrastructure, Energy and Commerce, Foreign
Affairs, Financial Services, Intelligence (Permanent Select), and Armed
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit the President from issuing moratoria on leasing and
permitting energy and minerals on certain Federal land, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Energy Jobs
Act''.
SEC. 2. PROHIBITION ON MORATORIA OF NEW ENERGY LEASES ON CERTAIN
FEDERAL LAND AND ON WITHDRAWAL OF FEDERAL LAND FROM
ENERGY DEVELOPMENT.
(a) Definitions.--In this section:
(1) Critical mineral.--The term ``critical mineral'' means
any mineral included on the list of critical minerals published
in the notice of the Secretary of the Interior entitled ``Final
List of Critical Minerals 2018'' (83 Fed. Reg. 23295 (May 18,
2018)).
(2) Federal land.--
(A) In general.--The term ``Federal land'' means--
(i) National Forest System land;
(ii) public lands (as defined in section
103 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1702)); and
(iii) the outer Continental Shelf (as
defined in section 2 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1331)).
(B) Inclusion.--The term ``Federal land'' includes
land described in clauses (i) through (iii) of
subparagraph (A) for which the rights to the surface
estate or subsurface estate is owned by a non-Federal
entity.
(3) President.--The term ``President'' means the President
or any designee, including--
(A) the Secretary of Agriculture; and
(B) the Secretary of the Interior.
(b) Prohibitions.--
(1) In general.--Notwithstanding any other provision of
law, the President shall not carry out any action that would
prohibit or substantially delay the issuance of any of the
following on Federal land, unless such an action has been
authorized by an Act of Congress:
(A) New oil and gas leases, drill permits,
approvals, or authorizations.
(B) New coal leases, permits, approvals, or
authorizations.
(C) New hard rock leases, permits, approvals, or
authorizations.
(D) New critical minerals leases, permits,
approvals, or authorizations.
(2) Prohibition on withdrawal.--Notwithstanding any other
provision of law, the President shall not withdraw any Federal
land from forms of entry, appropriation, or disposal under the
public land laws, location, entry, and patent under the mining
laws, or disposition under laws pertaining to mineral and
geothermal leasing or mineral materials unless the withdrawal
has been authorized by an Act of Congress.
SEC. 3. NULLIFICATION OF EXECUTIVE ORDERS RELATING TO FEDERAL LEASING.
Each of the following Executive Orders and Secretarial Order shall
have no force or effect:
(1) Executive Order 13990, relating to ``Protecting Public
Health and the Environment and Restoring Science To Tackle the
Climate Crisis'' (published at 86 Fed. Reg. 7037 (January 25,
2021)).
(2) Executive Order 14008, relating to ``Tackling the
Climate Crisis at Home and Abroad'' (published at 86 Fed. Reg.
7619 (February, 1, 2021)).
(3) Secretarial Order 3395 on the Temporary Suspension of
Delegated Authority, issued by the Acting Secretary of the
Interior on January 20, 2021.
SEC. 4. PROHIBITION ON WITHDRAWALS ON CERTAIN UNLEASED LANDS.
Section 1341 of title 43, United States Code, is amended by
striking section 12(a).
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Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Oversight and Reform, Transportation and Infrastructure, Energy and Commerce, Foreign Affairs, Financial Services, Intelligence (Permanent Select), and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Oversight and Reform, Transportation and Infrastructure, Energy and Commerce, Foreign Affairs, Financial Services, Intelligence (Permanent Select), and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Oversight and Reform, Transportation and Infrastructure, Energy and Commerce, Foreign Affairs, Financial Services, Intelligence (Permanent Select), and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Oversight and Reform, Transportation and Infrastructure, Energy and Commerce, Foreign Affairs, Financial Services, Intelligence (Permanent Select), and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Oversight and Reform, Transportation and Infrastructure, Energy and Commerce, Foreign Affairs, Financial Services, Intelligence (Permanent Select), and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Oversight and Reform, Transportation and Infrastructure, Energy and Commerce, Foreign Affairs, Financial Services, Intelligence (Permanent Select), and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Oversight and Reform, Transportation and Infrastructure, Energy and Commerce, Foreign Affairs, Financial Services, Intelligence (Permanent Select), and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Oversight and Reform, Transportation and Infrastructure, Energy and Commerce, Foreign Affairs, Financial Services, Intelligence (Permanent Select), and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Oversight and Reform, Transportation and Infrastructure, Energy and Commerce, Foreign Affairs, Financial Services, Intelligence (Permanent Select), and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Energy.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee on Conservation and Forestry.