117th CONGRESS 1st Session |
To prohibit the President from issuing moratoria on leasing and permitting energy and minerals on certain Federal land, and for other purposes.
January 28, 2021
Ms. Herrell (for herself, Mr. McCarthy, Mr. Scalise, Mr. Westerman, Mr. Gosar, Mr. Newhouse, Mr. Moore of Utah, Mr. Crawford, Mr. Young, Mr. Owens, Mr. McKinley, Mr. Sessions, Mr. Brady, Mr. Stauber, Mr. Stewart, Mr. Tiffany, Mr. LaMalfa, Mr. Curtis, Mr. Lamborn, Mr. McClintock, Mr. Roy, Mr. Smith of Nebraska, Mr. Reschenthaler, Mr. Calvert, Mrs. Bice of Oklahoma, Mr. Baird, Mr. Mooney, Mr. Rosendale, Mr. Hern, Mrs. Boebert, and Mr. Amodei) 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
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,
This Act may be cited as the “Protecting Our Wealth of Energy Resources Act” or the “POWER 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)).
(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.
(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.
(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.