What This Bill Does
This bill stops the President from blocking or significantly delaying new oil, gas, coal and mineral leases on federal land unless Congress approves it. The bill also prevents the President from removing federal land from energy and mineral development unless Congress authorizes it.
Who It Affects
The President and officials working under the President (including the Secretary of Agriculture, Secretary of Energy, and Secretary of the Interior). Companies seeking to lease or develop energy and minerals on federal land. Federal agencies that manage national forests, public lands, ocean areas off the continental shelf, and land managed by the Department of Energy.
Key Provisions
- The President cannot take action to prohibit or significantly 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 significantly 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 significantly 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 remove federal land from energy and mineral development activities unless Congress passes a law allowing it (Sec. 2(b)(2))
What Changes
If this becomes law, the President loses the ability to use executive orders or similar actions to stop energy and mineral leasing on federal land. Any moratorium (temporary halt) on new leases would require approval from Congress first.
Important Definitions
Federal land includes: National Forest System land; public lands; the outer Continental Shelf (the area of seafloor adjacent to the U.S. coast); and land managed by the Secretary of Energy. It also includes these same areas where non-federal entities own surface or subsurface rights.
Mineral means any mineral covered by the Mining Law of 1872 and minerals on land acquired by the United States government.
President means the President or anyone the President designates, including the Secretary of Agriculture, Secretary of Energy, and Secretary of the Interior.
Effective Date
Not specified in bill text
I
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 fol-
lowing bill; which was referred to the Committee on Natural Resources,
and in addition to the Committee on Agriculture, for a period to be sub-
sequently 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 Representa-
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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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of 2023’’.
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•HR 923 IH
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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•HR 923 IH
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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•HR 923 IH
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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