What This Bill Does
This bill stops the President from pausing or blocking new oil, gas, coal, and mineral leases on federal land. The bill also prevents the President from removing federal land from energy and mineral development unless Congress approves it in a new law.
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Who It Affects
The President and officials acting on the President's behalf (such as the Secretary of Agriculture, Secretary of Energy, and Secretary of the Interior). Companies seeking to lease or develop oil, gas, coal, and minerals on federal land. The public lands these activities would occur on.
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Key Provisions
* The President cannot take action to prohibit or substantially delay issuing new oil and gas leases, drill permits, approvals, or authorizations on federal land unless Congress passes a law allowing it (Sec. 2(b)(1)(A))
* The President cannot take action to prohibit or substantially delay issuing new coal leases, permits, approvals, or authorizations on federal land unless Congress passes a law allowing it (Sec. 2(b)(1)(B))
* The President cannot take action to prohibit or substantially delay issuing new mineral patents, leases, permits, approvals, or authorizations on federal land unless Congress passes a law allowing it (Sec. 2(b)(1)(C))
* The President cannot withdraw federal land from energy and mineral development unless Congress passes a law allowing it (Sec. 2(b)(2))
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What Changes
The President loses the power to pause or block new energy and mineral leases on federal land without Congress passing a new law first. The President also loses the power to remove federal land from energy and mineral development without Congress approval.
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Important Definitions
Federal land: National Forest System land, public lands, the outer Continental Shelf (underwater land owned by the federal government), and land managed by the Secretary of Energy. Also includes these lands even when a non-federal entity owns the surface or what is underground.
Mineral: Any mineral covered by the Mining Law of 1872 or minerals on lands the United States acquired.
President: The President or anyone the President designates, including the Secretary of Agriculture, Secretary of Energy, and Secretary of the Interior.
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 319
To prohibit the President from issuing moratoria on leasing and permitting
energy and minerals on certain Federal land.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Ms. LUMMIS (for herself, Mr. BARRASSO, Mr. BRAUN, Mrs. BRITT, Mrs. CAP-
ITO, Mr. COTTON, Mr. CRAMER, Mr. CRAPO, Mr. CRUZ, Mr. HOEVEN,
Mr. JOHNSON, Mr. LANKFORD, Mr. LEE, Mr. MARSHALL, Mr. RISCH,
Mr. TUBERVILLE, Mr. WICKER, and Mr. MULLIN) introduced the fol-
lowing bill; which was read twice and referred to the Committee on En-
ergy and Natural Resources
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 Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protecting Our Wealth
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of Energy Resources Act of 2023’’ or the ‘‘POWER Act’’.
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•S 319 IS
SEC. 2. PROHIBITION ON MORATORIA OF NEW ENERGY
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LEASES ON CERTAIN FEDERAL LAND AND ON
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WITHDRAWAL OF FEDERAL LAND FROM EN-
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ERGY DEVELOPMENT.
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(a) DEFINITIONS.—In this section:
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(1) FEDERAL LAND.—
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(A) IN
GENERAL.—The term ‘‘Federal
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land’’ means—
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(i) National Forest System land;
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(ii) public lands (as defined in section
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103 of the Federal Land Policy and Man-
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agement Act of 1976 (43 U.S.C. 1702));
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(iii) the outer Continental Shelf (as
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defined in section 2 of the Outer Conti-
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nental Shelf Lands Act (43 U.S.C. 1331));
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and
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(iv) land managed by the Secretary of
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Energy.
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(B)
INCLUSION.—The
term
‘‘Federal
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land’’ includes land described in clauses (i)
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through (iv) of subparagraph (A) for which the
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rights to the surface estate or subsurface estate
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are owned by a non-Federal entity.
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(2) MINERAL.—The term ‘‘mineral’’ means any
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mineral subject to sections 2319 through 2344 of
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the Revised Statutes (commonly known as the ‘‘Min-
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•S 319 IS
ing Law of 1872’’) (30 U.S.C. 22 et seq.), and min-
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erals located on ‘‘lands acquired by the United
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States’’ (as defined in section 2 of the Mineral Leas-
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ing Act for Acquired Lands (30 U.S.C. 351)).
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(3) PRESIDENT.—The term ‘‘President’’ means
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the President or any designee, including—
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(A) the Secretary of Agriculture;
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(B) the Secretary of Energy; and
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(C) the Secretary of the Interior.
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(b) PROHIBITIONS.—
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(1) IN GENERAL.—Notwithstanding any other
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provision of law, the President shall not carry out
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any action that would prohibit or substantially delay
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the issuance of any of the following on Federal land,
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unless such an action has been authorized by an Act
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of Congress:
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(A) New oil and gas leases, drill permits,
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approvals, or authorizations.
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(B) New coal leases, permits, approvals, or
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authorizations.
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(C) New mineral patents, leases, permits,
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approvals, or authorizations.
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(2) PROHIBITION ON WITHDRAWAL.—Notwith-
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standing any other provision of law, the President
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may not withdraw any Federal land from forms of
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•S 319 IS
entry, appropriation, or disposal under the public
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land laws, location, entry, and patent under the min-
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ing laws, or disposition under laws pertaining to
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mineral and geothermal leasing or mineral materials
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unless the withdrawal has been authorized by an Act
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of Congress.
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Æ
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