H.R. 859House117th Congress (2021-2023)In Committee

Protecting American Energy Jobs Act

Introduced February 5, 2021

AI-Generated Summary

Updated February 7, 2026 at 10:21 PM UTC

The Protecting American Energy Jobs Act stops the President from blocking or delaying new oil, gas, coal, hard‑rock, and critical‑mineral leases and permits on federal lands. It also bars the President from withdrawing federal lands from energy development unless Congress specifically authorizes it. The bill nullifies certain climate‑related executive and secretarial orders. It mainly affects the energy industry, federal land managers, and the President’s authority over leasing decisions.

Key Provisions

  • Defines “critical mineral” and “federal land” to include national forests, public lands, and the outer continental shelf, even when surface rights belong to non‑federal owners.
  • Prohibits the President from prohibiting or substantially delaying any new oil, gas, coal, hard‑rock, or critical‑mineral leases, permits, or approvals on federal land unless Congress authorizes it.
  • Bars the President from withdrawing any federal land from leasing, entry, or disposal under public‑land or mining laws without congressional approval.
  • Cancels the force of Executive Orders 13990 and 14008 and Secretarial Order 3395, removing their effect on federal leasing and permitting decisions.

Legislative Activity

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5 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Conservation and Forestry.

March 3, 2021

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HouseIntro Referral

Introduced in House

February 5, 2021

HouseIntro Referral

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.

February 5, 2021

HouseCommittee

Referred to the Subcommittee on Energy.

February 5, 2021

HouseCommittee

Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.

February 8, 2021

HouseCommittee

Referred to the Subcommittee on Energy and Mineral Resources.

March 1, 2021

HouseCommittee

Referred to the Subcommittee on Conservation and Forestry.

March 3, 2021

Floor Debate

2 members

What members said about H.R. 859 on the floor

1 Republican1 Democrat
Steve Scalise
Rep. Steve ScaliseR-LA-1 · Oct 22, 2021

Madam Speaker, I rise for the purpose of inquiring of the majority leader the schedule for next week. Madam Speaker, I yield to the gentleman from Maryland (Mr. Hoyer), my friend, the majority…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Oct 22, 2021

Madam Speaker, I thank the gentleman for yielding. On Monday, the House will meet at 12 p.m. for morning hour and 2 p.m. for legislative business with votes postponed, as usual, until 6:30 p.m. On…

Bill Text

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Introduced in HouseIssued February 5, 2021

I

117th CONGRESS

1st Session

H. R. 859

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.

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 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)); and

(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 includes land described in clauses (i) through (iii) of subparagraph (A) for which the 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, 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 (published at 86 Fed. Reg. 7037 (January 25, 2021)).

(2)

Executive Order 14008, relating to Tackling the Climate Crisis at Home and Abroad (published 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.

4.

Prohibition on withdrawals on certain unleased lands

Section 1341 of title 43, United States Code, is amended by striking section 12(a).