HR133-119

What This Bill Does

The Protecting American Energy Production Act is a short federalism and energy-production bill. It states a sense of Congress that states should maintain primacy over regulation of hydraulic fracturing for oil and natural gas production on state and private lands. It then creates a binding limitation: notwithstanding any other law, the President may not declare a moratorium on the use of hydraulic fracturing unless Congress authorizes the moratorium by statute. The bill does not change state fracking rules directly; it blocks unilateral presidential moratoria and protects state-level regulatory control on nonfederal lands.

Who Benefits and How

Oil and gas producers benefit because the President cannot impose a fracking moratorium without congressional authorization. States regulating hydraulic fracturing benefit from congressional support for state primacy on state and private lands. Mineral owners benefit if fracking activity on state and private lands is less vulnerable to federal executive moratoria. Energy workers benefit if production activity is protected from unilateral presidential suspension.

Who Bears the Burden and How

The President loses unilateral authority to declare a hydraulic fracturing moratorium. Federal climate policy officials lose one executive tool for restricting oil and gas production. Environmental organizations bear the burden of needing congressional authorization for a federal fracking moratorium. Communities concerned about fracking impacts may have less federal executive protection if state regulation is weak.

Key Provisions

• Provides a sense of Congress supporting state primacy over fracking regulation on state and private lands.
• Prohibits the President from declaring a fracking moratorium without an Act of Congress.
• Protects oil and gas production using hydraulic fracturing from unilateral executive suspension.
• Limits federal action while leaving state regulatory choices in place.