POWER Act of 2023

Protecting Our Wealth of Energy Resources Act of 2023 or the POWER Act of 2023

This 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. Specifically, approval must be obtained for new (1) oil and gas leases, drill permits, approvals, or authorizations; (2) coal leases, permits, approvals, or authorizations; and (3) mineral patents, leases, permits, approvals, or authorizations.

In addition, the President and agencies must obtain the approval of Congress before withdrawing certain federal lands from mineral and geothermal leasing activities.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 923 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 923

    To prohibit the President from issuing moratoria on leasing and 
        permitting energy and minerals on certain Federal land.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 2023

 Ms. Hageman (for herself, Mr. Reschenthaler, Mr. Stauber, Mr. Gosar, 
 Mr. Higgins of Louisiana, Ms. Tenney, Mr. Newhouse, Mr. Fulcher, Mr. 
   Nehls, Mr. Zinke, Mr. Weber of Texas, Mr. Stewart, Mr. Owens, Mr. 
Rosendale, Mr. Roy, and Mr. Ogles) introduced the following bill; which 
was referred to the Committee on Natural Resources, and in addition to 
     the Committee on Agriculture, 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.

    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 Our Wealth of Energy 
Resources Act of 2023'' or the ``POWER Act of 2023''.

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) 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));
                            (iii) the outer Continental Shelf (as 
                        defined in section 2 of the Outer Continental 
                        Shelf Lands Act (43 U.S.C. 1331)); and
                            (iv) land managed by the Secretary of 
                        Energy.
                    (B) Inclusion.--The term ``Federal land'' includes 
                land described in clauses (i) through (iv) of 
                subparagraph (A) for which the rights to the surface 
                estate or subsurface estate are owned by a non-Federal 
                entity.
            (2) Mineral.--The term ``mineral'' means any mineral 
        subject to sections 2319 through 2344 of the Revised Statutes 
        (commonly known as the ``Mining Law of 1872'') (30 U.S.C. 22 et 
        seq.), and minerals located on ``lands acquired by the United 
        States'' (as defined in section 2 of the Mineral Leasing Act 
        for Acquired Lands (30 U.S.C. 351)).
            (3) President.--The term ``President'' means the President 
        or any designee, including--
                    (A) the Secretary of Agriculture;
                    (B) the Secretary of Energy; and
                    (C) 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 mineral patents, leases, permits, 
                approvals, or authorizations.
            (2) Prohibition on withdrawal.--Notwithstanding any other 
        provision of law, the President may 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.
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