POWER Act of 2021
Bill: S.76 | Sponsor: Sen. Lummis, Cynthia M. (R-WY)
Policy area: Energy

Summary:
Protecting Our Wealth of Energy Resources Act of 2021 or the POWER Act of 2021
This 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.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Our Wealth of Energy 
Resources Act of 2021'' or the ``POWER Act of 2021''.

SEC. 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'' means 
        any mineral included on the list of critical minerals published 
        in the notice of the Secretary 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 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)); and
                            (iv) land managed by the Secretary of 
                        Energy.
                    (B) Inclusion.--The term ``Federal land'' includes 
                land described in clauses (i) through (iv) of 
                subparagraph (A) for which the rights to the surface 
                estate or subsurface estate are owned by a non-Federal 
                entity.
            (3) President.--The term ``President'' means the President 
        or any designee, including--
                    (A) the Secretary of Agriculture;
                    (B) the Secretary of Energy; and
                    (C) 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, 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.
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