I 
117TH CONGRESS 
1ST SESSION 
H. R. 859 
To prohibit the President from issuing moratoria on leasing and permitting 
energy and minerals on certain Federal land, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 5, 2021 
Mrs. BOEBERT (for herself, Mr. PERRY, Mr. GOSAR, Mr. WEBER of Texas, 
Mr. NEWHOUSE, Mr. BROOKS, Mr. STEUBE, Mr. KELLY of Mississippi, 
Mr. GOHMERT, Mr. ESTES, Mr. BIGGS, Mr. BABIN, Mr. BANKS, Mr. 
DUNCAN, Mr. GRIFFITH, Mr. YOUNG, Mr. EMMER, Mr. HICE of Georgia, 
Mr. STAUBER, Mr. ROY, Mr. BAIRD, Mr. CLINE, and Mr. WESTERMAN) 
introduced the following bill; which was referred to the Committee on 
Natural Resources, and in addition to the Committees on Agriculture, 
Oversight and Reform, Transportation and Infrastructure, Energy and 
Commerce, Foreign Affairs, Financial Services, Intelligence (Permanent 
Select), and Armed Services, for a period to be subsequently 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, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting American 
Energy Jobs Act’’. 
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SEC. 2. PROHIBITION ON MORATORIA OF NEW ENERGY 
LEASES ON CERTAIN FEDERAL LAND AND ON 
WITHDRAWAL OF FEDERAL LAND FROM EN-
ERGY DEVELOPMENT. 
(a) DEFINITIONS.—In this section: 
(1) CRITICAL
MINERAL.—The term ‘‘critical 
mineral’’ means any mineral included on the list of 
critical minerals published in the notice of the Sec-
retary of the Interior entitled ‘‘Final List of Critical 
Minerals 2018’’ (83 Fed. Reg. 23295 (May 18, 
2018)). 
(2) FEDERAL LAND.— 
(A) IN
GENERAL.—The term ‘‘Federal 
land’’ means— 
(i) National Forest System land; 
(ii) public lands (as defined in section 
103 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1702)); 
and 
(iii) the outer Continental Shelf (as 
defined in section 2 of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331)). 
(B) 
INCLUSION.—The 
term 
‘‘Federal 
land’’ includes land described in clauses (i) 
through (iii) of subparagraph (A) for which the 
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rights to the surface estate or subsurface estate 
is owned by a non-Federal entity. 
(3) PRESIDENT.—The term ‘‘President’’ means 
the President or any designee, including— 
(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, approv-
als, or authorizations. 
(D) New critical minerals leases, permits, 
approvals, or authorizations. 
(2) PROHIBITION ON WITHDRAWAL.—Notwith-
standing any other provision of law, the President 
shall not withdraw any Federal land from forms of 
entry, appropriation, or disposal under the public 
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land laws, location, entry, and patent under the min-
ing 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. 
SEC. 3. NULLIFICATION OF EXECUTIVE ORDERS RELATING 
TO FEDERAL LEASING. 
Each of the following Executive Orders and Secre-
tarial Order shall have no force or effect: 
(1) Executive Order 13990, relating to ‘‘Pro-
tecting Public Health and the Environment and Re-
storing Science To Tackle the Climate Crisis’’ (pub-
lished at 86 Fed. Reg. 7037 (January 25, 2021)). 
(2) Executive Order 14008, relating to ‘‘Tack-
ling the Climate Crisis at Home and Abroad’’ (pub-
lished at 86 Fed. Reg. 7619 (February, 1, 2021)). 
(3) Secretarial Order 3395 on the Temporary 
Suspension of Delegated Authority, issued by the 
Acting Secretary of the Interior on January 20, 
2021. 
SEC. 4. PROHIBITION ON WITHDRAWALS ON CERTAIN UN-
LEASED LANDS. 
Section 1341 of title 43, United States Code, is 
amended by striking section 12(a). 
Æ 
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