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. CAPITO, 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 following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To prohibit the President from issuing moratoria on leasing 

and permitting energy and minerals on certain Federal land. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Our Wealth 

5 of Energy Resources Act of 2023’’ or the ‘‘POWER Act’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 319 IS

1 SEC. 2. PROHIBITION ON MORATORIA OF NEW ENERGY 

2 LEASES ON CERTAIN FEDERAL LAND AND ON 

3 WITHDRAWAL OF FEDERAL LAND FROM EN4 ERGY DEVELOPMENT. 

5 (a) DEFINITIONS.—In this section: 

6 (1) FEDERAL LAND.— 

7 (A) IN GENERAL.—The term ‘‘Federal 

8 land’’ means— 

9 (i) National Forest System land; 

10 (ii) public lands (as defined in section 

11 103 of the Federal Land Policy and Man12 agement Act of 1976 (43 U.S.C. 1702)); 

13 (iii) the outer Continental Shelf (as 

14 defined in section 2 of the Outer Conti15 nental Shelf Lands Act (43 U.S.C. 1331)); 

16 and 

17 (iv) land managed by the Secretary of 

18 Energy. 

19 (B) INCLUSION.—The term ‘‘Federal 

20 land’’ includes land described in clauses (i) 

21 through (iv) of subparagraph (A) for which the 

22 rights to the surface estate or subsurface estate 

23 are owned by a non-Federal entity. 

24 (2) MINERAL.—The term ‘‘mineral’’ means any 

25 mineral subject to sections 2319 through 2344 of 

26 the Revised Statutes (commonly known as the ‘‘MinVerDate Sep 11 2014 00:05 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S319.IS S319

pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 319 IS

1 ing Law of 1872’’) (30 U.S.C. 22 et seq.), and min2 erals located on ‘‘lands acquired by the United 

3 States’’ (as defined in section 2 of the Mineral Leas4 ing Act for Acquired Lands (30 U.S.C. 351)). 

5 (3) PRESIDENT.—The term ‘‘President’’ means 

6 the President or any designee, including— 

7 (A) the Secretary of Agriculture; 

8 (B) the Secretary of Energy; and 

9 (C) the Secretary of the Interior. 

10 (b) PROHIBITIONS.— 

11 (1) IN GENERAL.—Notwithstanding any other 

12 provision of law, the President shall not carry out 

13 any action that would prohibit or substantially delay 

14 the issuance of any of the following on Federal land, 

15 unless such an action has been authorized by an Act 

16 of Congress: 

17 (A) New oil and gas leases, drill permits, 

18 approvals, or authorizations. 

19 (B) New coal leases, permits, approvals, or 

20 authorizations. 

21 (C) New mineral patents, leases, permits, 

22 approvals, or authorizations. 

23 (2) PROHIBITION ON WITHDRAWAL.—Notwith24 standing any other provision of law, the President 

25 may not withdraw any Federal land from forms of 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 319 IS

1 entry, appropriation, or disposal under the public 

2 land laws, location, entry, and patent under the min3 ing laws, or disposition under laws pertaining to 

4 mineral and geothermal leasing or mineral materials 

5 unless the withdrawal has been authorized by an Act 

6 of Congress. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB