Protecting American Energy Jobs Act

To prohibit the President from issuing moratoria on leasing and permitting energy and minerals on certain Federal land, and for other purposes. 1. Short title This Act may be cited as the Protecting American Energy Jobs Act 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 Final List of Critical Minerals 2018 (2) Federal land (A) In general The term Federal land (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 (B) Inclusion The term Federal land (3) President The term President (A) the Secretary of Agriculture; and (B) the Secretary of the Interior. (b) Prohibitions (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. 3. Nullification of executive orders relating to Federal leasing Each of the following Executive Orders and Secretarial Order shall have no force or effect: (1) Executive Order 13990, relating to Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis (2) Executive Order 14008, relating to Tackling the Climate Crisis at Home and Abroad (3) Secretarial Order 3395 on the Temporary Suspension of Delegated Authority, issued by the Acting Secretary of the Interior on January 20, 2021. 4. Prohibition on withdrawals on certain unleased lands Section 1341 of title 43, United States Code, is amended by striking section 12(a).

Summary: Protecting American Energy Jobs Act This bill limits the President's authority to prohibit or withdraw federal land or waters from energy production activities. Specifically, the bill requires the President and federal agencies to obtain the approval of Congress before prohibiting or substantially delaying certain new energy or mineral leases or permits on federal lands, including oil and gas leases, coal leases, hard rock leases, or critical minerals leases. In addition, the President and agencies must obtain the approval of Congress before withdrawing certain federal lands from mineral and geothermal leasing activities. Further, the bill repeals the President's authority to withdraw unleased lands on the outer Continental Shelf from oil and gas leasing. The bill nullifies Executive Order 13990 titled Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis; Executive Order 14008 titled Tackling the Climate Crisis at Home and Abroad; and the Department of the Interior's Secretarial Order 3395 concerning a temporary suspension of delegated authority to all of Interior's Bureaus and Offices, including the authority to approve leases.