HR 859 · 117th Congress 2021–2023, ended

Protecting American Energy Jobs Act

Latest action · Mar 3, 2021 Referred to the Subcommittee on Conservation and Forestry.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedFeb 5, 2021
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

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.

Cosponsors 39

Members who signed on, in the order they did. Signatures ran from Feb 5, 2021 to Mar 2, 2022; 22 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-AZAndy BiggsOriginalFeb 5, 2021
R-VABen ClineOriginalFeb 5, 2021
R-TXBrian BabinOriginalFeb 5, 2021
R-ARBruce WestermanOriginalFeb 5, 2021
R-TXChip RoyOriginalFeb 5, 2021
R-WADan NewhouseOriginalFeb 5, 2021
R-AKDon YoungOriginalFeb 5, 2021
R-VAH. Morgan GriffithOriginalFeb 5, 2021
R-INJames R. BairdOriginalFeb 5, 2021
R-SCJeff DuncanOriginalFeb 5, 2021
R-INJim BanksOriginalFeb 5, 2021
R-GAJody B. HiceOriginalFeb 5, 2021
R-TXLouie GohmertOriginalFeb 5, 2021
R-ALMo BrooksOriginalFeb 5, 2021
R-AZPaul A. GosarOriginalFeb 5, 2021
R-MNPete StauberOriginalFeb 5, 2021
R-TXRandy K. Weber, Sr.OriginalFeb 5, 2021
R-KSRon EstesOriginalFeb 5, 2021
R-PAScott PerryOriginalFeb 5, 2021
R-MNTom EmmerOriginalFeb 5, 2021
R-MSTrent KellyOriginalFeb 5, 2021
R-FLW. Gregory SteubeOriginalFeb 5, 2021
R-WVAlexander X. MooneyFeb 23, 2021
R-MTMatthew M. Rosendale, Sr.Apr 22, 2021
R-NEDon BaconApr 30, 2021
R-TXLance GoodenMay 11, 2021
R-NCTed BuddMay 11, 2021
R-VABob GoodMay 14, 2021
R-OHWarren DavidsonMay 14, 2021
R-SCRalph NormanMay 18, 2021
R-GARick W. AllenMay 18, 2021
R-ILMary E. MillerMay 20, 2021
R-TXMichael C. BurgessMay 20, 2021
R-AZDebbie LeskoJun 30, 2021
R-FLScott FranklinJul 6, 2021
R-MNJim HagedornOct 26, 2021
R-NCDavid RouzerNov 2, 2021
R-WIThomas P. TiffanyFeb 28, 2022
R-MIJohn R. MoolenaarMar 2, 2022

Committees 9

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseNatural Resources Committee
Referred Feb 5, 2021
Energy and Mineral Resources Subcommittee
Referred Mar 1, 2021
HouseAgriculture Committee
Referred Feb 5, 2021
Forestry and Horticulture Subcommittee
Referred Mar 3, 2021
HouseOversight and Government Reform Committee
Referred Feb 5, 2021
HouseTransportation and Infrastructure Committee
Referred Feb 5, 2021
Railroads, Pipelines, and Hazardous Materials Subcommittee
Referred Feb 9, 2021
HouseEnergy and Commerce Committee
Referred Feb 5, 2021
Energy Subcommittee
Referred Feb 5, 2021
HouseForeign Affairs Committee
Referred Feb 5, 2021
HouseFinancial Services Committee
Referred Feb 5, 2021
HouseIntelligence (Permanent Select) Committee
Referred Feb 5, 2021
HouseArmed Services Committee
Referred Feb 5, 2021

Actions 6

Everything that happened, newest first.

  1. Mar 3, 2021Referred to the Subcommittee on Conservation and Forestry.
  2. Mar 1, 2021Referred to the Subcommittee on Energy and Mineral Resources.
  3. Feb 8, 2021Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
  4. Feb 5, 2021Introduced in House
  5. Feb 5, 2021Referred 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.

In the Congressional Record 11

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDischarge petition H3714—Mar 11, 2022
HouseDischarge petition H1304—Mar 3, 2022
HouseDischarge petition H6237—Nov 5, 2021
HouseDebate and remarks H5817Discharge petition H5835Steve Scalise R-LAOct 22, 2021
HouseDischarge petition H5175—Sep 24, 2021

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article IV, Section 3, Clause 2 (the Property Clause). Under this clause, Congress has the power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States. By virtue of this enumerated power, Congress has governing authority over the lands, territories, or other property of the United States--and with this authority Congress is vested with the power to all owners in fee, the ability to sell, lease, dispose, exchange, convey, or simply preserve land. The Supreme Court has described this enumerated grant as one ``without limitation'' Kleppe v New Mexico, 426 U.S. 529, 542-543 (1976) (``And while the furthest reaches of the power granted by the Property Clause have not been definitely resolved, we have repeatedly observed that the power over the public land thus entrusted to Congress is without limitation.'') The exchange codified by this legislation is thus constitutional.

The sponsor’s statement, as printed in the Congressional Record, vol. 167, no. 22, February 5, 2021, page H469.

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 76POWER Act of 2021Related billJan 28, 2021
HR 543POWER ActRelated billFeb 24, 2021

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To prohibit the President from issuing moratoria on leasing and permitting energy and minerals on certain Federal land, and for other purposes.
Short Title(s) as Introduced
Protecting American Energy Jobs Act

Subjects

Assigned by the Library of Congress. Policy area: Energy.

Text 1

Each version as it was printed, newest first.

  1. Feb 5, 2021Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.