Federal

CLAMP Act of 2023

Source: Congress.gov · 567 words in original text

What This Bill Does

This bill prevents the Secretary of the Interior and Secretary of Agriculture from issuing or renewing leases, permits, or claims on federal lands to certain entities affiliated with the Chinese Communist Party. The bill also prohibits transferring existing titles, leases, permits, or claims to these restricted entities.

Who It Affects

The Secretary of the Interior and the Secretary of Agriculture carry out this restriction. The bill affects anyone seeking to lease or use federal lands for minerals, timber, oil, natural gas, or energy production who falls into the restricted categories. It also affects current holders of leases or permits who might otherwise transfer their interests to restricted entities.

Key Provisions

• The Secretaries of the Interior and Agriculture cannot issue, renew, or allow permits or claims for federal lands (including underwater lands) related to mining, timber, oil, natural gas, energy production, or other natural resource extraction to restricted persons (Sec. 2(a)) • No person may transfer a lease, permit, claim, or other interest to any restricted person (Sec. 2(b)) • Restricted persons include the People's Republic of China, members of the Chinese Communist Party, members of the People's Liberation Army, companies identified by the Secretary of Defense as Chinese military companies, companies on the Treasury Department's Non-SDN Chinese Military-Industrial Complex Companies List, and any entity owned or controlled by these persons (Sec. 2(c))

What Changes

Federal agencies will be unable to grant new leases and permits on federal lands to the specified entities. Existing lease and permit holders will be prohibited from transferring their interests to these same restricted entities.

Important Definitions

None defined in bill text.

Effective Date

This restriction applies to leases, permits, and claims issued after the bill becomes law (Sec. 2(d)).

I 118TH CONGRESS 1ST SESSION H. R. 1569 To prohibit the Secretary of the Interior from issuing leases to certain entities affiliated with the Chinese Communist Party, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 10, 2023 Mr. WALTZ (for himself, Mr. GOTTHEIMER, and Mr. GAETZ) 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 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 Secretary of the Interior from issuing leases to certain entities affiliated with the Chinese Communist Party, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘CCP Lease Abolish- 4 ment for Minerals and Petroleum Act of 2023’’ or the 5 ‘‘CLAMP Act of 2023’’. 6 VerDate Sep 11 2014 00:17 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1569.IH H1569 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1569 IH SEC. 2. RESTRICTION ON LEASES TO CERTAIN ENTITIES 1 AFFILIATED WITH THE CHINESE COMMUNIST 2 PARTY. 3 (a) IN GENERAL.—The Secretary of the Interior and 4 the Secretary of Agriculture may not issue or renew a 5 lease, issue a permit, or record a claim for any Federal 6 lands (including submerged lands) under the general min- 7 ing laws, the Outer Continental Shelf Lands Act (43 8 U.S.C. 1301 note et seq.), or any other provision of law 9 relating to the production, refining, harvesting, or extrac- 10 tion of minerals, timber, oil or natural gas, or any other 11 natural resource or the production of energy, to any per- 12 son described in subsection (c). 13 (b) PROHIBITION OF TRANSFER.—No person may 14 transfer a title, lease, permit, recorded claim, or other in- 15 terest described in subsection (a) to any person described 16 in subsection (c). 17 (c) PERSONS SUBJECT TO RESTRICTION.—A person 18 is described by this subsection if such person— 19 (1) is the People’s Republic of China; 20 (2) is a member of the Chinese Communist 21 Party; 22 (3) is a member of the People’s Liberation 23 Army; 24 (4) is identified by the Secretary of Defense 25 under section 1260H(a) of the William M. (Mac) 26 VerDate Sep 11 2014 00:17 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1569.IH H1569 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1569 IH Thornberry National Defense Authorization Act for 1 Fiscal Year 2021 (10 U.S.C. 113 note) as a Chinese 2 military company; 3 (5) is included in the Non-SDN Chinese Mili- 4 tary-Industrial Complex Companies List published 5 by the Department of the Treasury; or 6 (6) is owned by or controlled by or is an agency 7 or instrumentality of any person described in para- 8 graphs (1) through (5). 9 (d) EFFECTIVE DATE.—This section applies to 10 leases, permits, and claims issued after the date of the 11 enactment of this Act. 12 Æ VerDate Sep 11 2014 00:17 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1569.IH H1569 kjohnson on DSK79L0C42PROD with BILLS

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