Streamlining Permitting of American Energy Act of 2012 - Title I: Application For Permits to Drill Process Reform - (Sec. 101) Amends the Mineral Leasing Act to revise requirements for the issuance of permits to drill in energy projects on federal lands.
Authorizes the Secretary of the Interior to extend the initial 30-day permit application review period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant.
Deems a permit application approved if the Secretary has made no decision on it 60 days after its receipt. Prescribes a notice requirement for denial of an application.
Directs the Secretary to collect a single $6,500 permit processing fee per application from each applicant at the time the decision is made whether or not to issue a permit.
(Sec. 102) Requires that 50% of fees collected as annual wind energy and solar energy right-of-way authorization fees be retained by the Secretary for use by: (1) the Bureau of Land Management (BLM) to process permits, right-of-way applications, and other activities necessary for renewable energy development; and (2) either the U.S. Fish and Wildlife Service or other federal agencies involved in wind and solar permitting reviews in order to facilitate the processing of wind energy and solar energy permit applications on BLM lands.
Title II: Administrative Protest Documentation Reform - (Sec. 201) Requires the Secretary to collect a $5,000 documentation fee to accompany each protest for a lease, right of way, or application for permit to drill.
Title III: Permit Streamlining - (Sec. 301) Requires the Secretary to: (1) establish a Federal Permit Streamlining Project in every BLM Field office with responsibility for permitting energy projects on federal land; and (2) enter into a related memorandum of understanding with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency (EPA), and the Chief of the Army Corps of Engineers.
Authorizes the Secretary to request that the governor of any state with energy projects on federal lands be a signatory to the memorandum of understanding.
Requires federal signatories to such memorandum to assign staff with special expertise in regulatory issues germane to field offices.
(Sec. 302) States that the Secretary shall not require a finding of extraordinary circumstances related to a categorical exclusion in administering the Energy Policy Act of 2005 with respect to review under the National Environmental Policy Act of 1969 (NEPA).
(A categorical exclusion [CE or CX] is a category of actions which do not individually or cumulatively have a significant effect on the human environment and for which, as a consequence, neither an environmental assessment [EA] nor an environmental impact statement [EIS] is required. If a proposed action is included in the description provided for a listed CE established by an agency, the agency must check to make sure that no extraordinary circumstances exist that may cause the proposed action to have a significant effect in a particular situation. Extraordinary circumstances typically include such matters as effects to endangered species, protected cultural sites, and wetlands. If the proposed action is not included in the description in the agency's CE, or there are extraordinary circumstances, the agency must prepare an EA or an EIS, or develop a new proposal that may qualify for application of a CE.)
(Sec. 303) Expresses the intent of Congress that: (1) this Act will support a growing U.S. domestic energy sector that helps to reinvigorate American manufacturing, transportation, and service sectors by employing U.S. workers to assist in the development of energy from domestic sources; and (2) Congress will monitor the deployment of personnel and material onshore under this Act to encourage the development of American technology and manufacturing to enable workers to benefit from this Act through good jobs and careers, and establishment of important industrial facilities to support expanded access to American energy resources.
Directs the Secretary when possible and practicable, to encourage the use of U.S. workers and equipment manufactured in the United States in all construction related to mineral resource development under this Act.
Title IV: Judicial Review - (Sec. 402) States that venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed.
Sets forth procedures for judicial review of leasing of federal lands for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other energy source of energy.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4383 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4383
To streamline the application for permits to drill process and increase
funds for energy project permit processing, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2012
Mr. Lamborn introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on the
Judiciary, 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 streamline the application for permits to drill process and increase
funds for energy project permit processing, 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 ``Streamlining Permitting of American
Energy Act of 2012''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM
Sec. 101. Permit to drill application timeline.
Sec. 102. Solar and wind right-of-way rental reform.
TITLE II--ADMINISTRATIVE PROTEST DOCUMENTATION REFORM
Sec. 201. Administrative protest documentation reform.
TITLE III--PERMIT STREAMLINING
Sec. 301. Improve Federal energy permit coordination.
Sec. 302. Administration of current law.
TITLE IV--JUDICIAL REVIEW
Sec. 401. Definitions.
Sec. 402. Exclusive venue for certain civil actions relating to covered
energy projects.
Sec. 403. Timely filing.
Sec. 404. Expedition in hearing and determining the action.
Sec. 405. Standard of review.
Sec. 406. Limitation on injunction and prospective relief.
Sec. 407. Limitation on attorneys' fees.
Sec. 408. Legal standing.
TITLE I--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM
SEC. 101. PERMIT TO DRILL APPLICATION TIMELINE.
Notwithstanding section 17(p)(2) of the Mineral Leasing Act (30
U.S.C. 226(p)(2)) is amended to read as follows:
``(2) Applications for permits to drill reform and
process.--
``(A) Timeline.--The Secretary shall decide whether
to issue a permit to drill within 30 days after
receiving an application for the permit. The Secretary
may extend such period for up to 2 periods of 15 days
each, if the Secretary has given written notice of the
delay to the applicant. The notice shall be in the form
of a letter from the Secretary or a designee of the
Secretary, and shall include the names and titles of
the persons processing the application, the specific
reasons for the delay, and a specific date a final
decision on the application is expected.
``(B) Notice of reasons for denial.--If the
application is denied, the Secretary shall provide the
applicant--
``(i) in writing, clear and comprehensive
reasons why the application was not accepted
and detailed information concerning any
deficiencies; and
``(ii) an opportunity to remedy any
deficiencies.
``(C) Application deemed approved.--If the
Secretary has not made a decision on the application by
the end of the 60-day period beginning on the date the
application is received by the Secretary, the
application is deemed approved, except in cases in
which existing reviews under the National Environmental
Policy Act of 1969 or Endangered Species Act of 1973
are incomplete.
``(D) Denial of permit.--If the Secretary decides
not to issue a permit to drill in accordance with
subparagraph (A), the Secretary shall--
``(i) provide to the applicant a
description of the reasons for the denial of
the permit;
``(ii) allow the applicant to resubmit an
application for a permit to drill during the
10-day period beginning on the date of the
receipt of the description by the applicant;
and
``(iii) issue or deny any resubmitted
application not later than 10 days after the
date the application is submitted to the
Secretary.
``(E) Fee.--
``(i) In general.--Notwithstanding any
other law, the Secretary shall collect a single
$6,500 permit processing fee per application
from each applicant at the time the decision is
made whether or not to issue a permit under
subparagraph (A).
``(ii) Treatment of permit processing
fee.--Of all fees collected under this
paragraph, 50 percent shall be transferred to
the field office where they are collected and
used to process protests, leases, and permits
under this Act subject to appropriations.''.
SEC. 102. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM.
Notwithstanding any other provision of law, each fiscal year, of
fees collected as annual wind energy and solar energy right-of-way
authorization fees required under section 504(g) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1764(g)), 50 percent shall
be transferred to the field office where they are collected and used to
process permits, right-of-way applications, and other activities
necessary for renewable energy development subject to appropriations.
TITLE II--ADMINISTRATIVE PROTEST DOCUMENTATION REFORM
SEC. 201. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM.
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is
further amended by adding at the end the following:
``(4) Protest fee.--
``(A) In general.--The Secretary shall collect a
$5,000 documentation fee to accompany each protest for
a lease, right of way, or application for permit to
drill.
``(B) Treatment of fees.--Of all fees collected
under this paragraph, 50 percent shall remain in the
field office where they are collected and used to
process protests subject to appropriations.''.
TITLE III--PERMIT STREAMLINING
SEC. 301. IMPROVE FEDERAL ENERGY PERMIT COORDINATION.
(a) Establishment.--The Secretary of the Interior (referred to in
this section as the ``Secretary'') shall establish a Federal Permit
Streamlining Project (referred to in this section as the ``Project'')
in every Bureau of Land Management Field office with responsibility for
permitting energy projects on Federal land.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall enter into a
memorandum of understanding for purposes of this section with--
(A) the Secretary of Agriculture;
(B) the Administrator of the Environmental
Protection Agency; and
(C) the Chief of the Army Corps of Engineers.
(2) State participation.--The Secretary may request that
the Governor of any State with energy projects on Federal lands
to be a signatory to the memorandum of understanding.
(c) Designation of Qualified Staff.--
(1) In general.--Not later than 30 days after the date of
the signing of the memorandum of understanding under subsection
(b), all Federal signatory parties shall, if appropriate,
assign to each of the field offices an employee who has
expertise in the regulatory issues relating to the office in
which the employee is employed, including, as applicable,
particular expertise in--
(A) the consultations and the preparation of
biological opinions under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536);
(B) permits under section 404 of Federal Water
Pollution Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42
U.S.C. 7401 et seq.);
(D) planning under the National Forest Management
Act of 1976 (16 U.S.C. 472a et seq.); and
(E) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) Duties.--Each employee assigned under paragraph (1)
shall--
(A) not later than 90 days after the date of
assignment, report to the Bureau of Land Management
Field Managers in the office to which the employee is
assigned;
(B) be responsible for all issues relating to the
jurisdiction of the project permitting home office or
agency of the employee; and
(C) participate as part of the team of personnel
working on proposed energy projects, planning, and
environmental analyses on Federal lands.
(d) Additional Personnel.--The Secretary shall assign to each field
office identified in subsection (a) any additional personnel that are
necessary to ensure the effective implementation of programs
administered by the field offices, including inspection and enforcement
relating to energy development on Federal land, in accordance with the
multiple use mandate of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(e) Funding.--Funding for the additional personnel shall come from
the Department of the Interior reforms identified in sections 101, 102,
and 201.
(f) Savings Provision.--Nothing in this section affects--
(1) the operation of any Federal or State law; or
(2) any delegation of authority made by the head of a
Federal agency whose employees are participating in the
Project.
(g) Definition.--For purposes of this section the term ``energy
projects'' includes oil, natural gas, coal, and other energy projects
as defined by the Secretary.
SEC. 302. ADMINISTRATION OF CURRENT LAW.
Notwithstanding any other law, the Secretary of the Interior shall
not require a finding of extraordinary circumstances in administering
section 390 of the Energy Policy Act of 2005.
TITLE IV--JUDICIAL REVIEW
SEC. 401. DEFINITIONS.
In this Act--
(1) the term ``covered civil action'' means a civil action
containing a claim under section 702 of title 5, United States
Code, regarding agency action (as defined for the purposes of
that section) affecting a covered energy project on Federal
lands of the United States; and
(2) the term ``covered energy project'' means the leasing
of Federal lands of the United States for the exploration,
development, production, processing, or transmission of oil,
natural gas, wind, or any other source of energy, and any
action under such a lease, except that the term does not
include any disputes between the parties to a lease regarding
the obligations under such lease, including regarding any
alleged breach of the lease.
SEC. 402. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED
ENERGY PROJECTS.
Venue for any covered civil action shall lie in the district court
where the project or leases exist or are proposed.
SEC. 403. TIMELY FILING.
To ensure timely redress by the courts, a covered civil action must
be filed no later than the end of the 90-day period beginning on the
date of the final Federal agency action to which it relates.
SEC. 404. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.
SEC. 405. STANDARD OF REVIEW.
In any judicial review of a covered civil action, administrative
findings and conclusions relating to the challenged Federal action or
decision shall be presumed to be correct, and the presumption may be
rebutted only by the preponderance of the evidence contained in the
administrative record.
SEC. 406. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.
In a covered civil action, the court shall not grant or approve any
prospective relief unless the court finds that such relief is narrowly
drawn, extends no further than necessary to correct the violation of a
legal requirement, and is the least intrusive means necessary to
correct that violation. In addition, courts shall limit the duration of
preliminary injunctions to halt covered energy projects to no more than
60 days, unless the court finds clear reasons to extend the injunction.
In such cases of extensions, such extensions shall only be in 30-day
increments and shall require action by the court to renew the
injunction.
SEC. 407. LIMITATION ON ATTORNEYS' FEES.
Sections 504 of title 5, United States Code, and 2412 of title 28,
United States Code, (together commonly called the Equal Access to
Justice Act) do not apply to a covered civil action, nor shall any
party in such a covered civil action receive payment from the Federal
Government for their attorneys' fees, expenses, and other court costs.
SEC. 408. LEGAL STANDING.
Challengers filing appeals with the Department of the Interior
Board of Land Appeals shall meet the same standing requirements as
challengers before a United States district court.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, 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.
Referred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, 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.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee on Courts, Commercial and Administrative Law.
Subcommittee Hearings Held.
Subcommittee on Energy and Mineral Resources Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 25 - 15.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-528, Part I.
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Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-528, Part I.
Committee on Judiciary discharged.
Committee on Judiciary discharged.
Placed on the Union Calendar, Calendar No. 376.