(c) MEMORANDUM OF UNDERSTANDING.—Within 90 
days after the appointment of the Federal Permit Coordi-
nator, the Federal Permit Coordinator, the Secretary, the 
Secretary of Agriculture, the Secretary of Commerce, the 
Secretary of Homeland Security, the Administrator of the 
Environmental Protection Agency, the Secretary of De-
fense, and the head of any other Federal agency with re-
sponsibilities related to permitting of Federal oil and gas 
leases, shall enter into a memorandum of understanding 
(MOU) establishing respective duties and responsibilities 
for staffing the regional offices and accomplishing the ob-
jectives of this section. 
(d) DESIGNATION OF QUALIFIED STAFF.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of signing of the MOU under subsection 
(c), all Federal signatory agencies shall assign to 
each regional office the appropriate employees with 
expertise in the oil and gas permitting issues relat-
ing to that office, including, but not limited, with re-
spect to— 
(A) consultation and preparation of bio-
logical opinions under section 7 of the Endan-
gered 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); 
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(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.); 
(E) the preparation of analyses under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) (NEPA); 
(F) applications for permits to drill under 
the Mineral Leasing Act (30 U.S.C. 181 et 
seq.); and 
(G) exploration plans and development and 
production plans under the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.). 
(2) PREFERENCE
AND
INCENTIVES.—To the 
maximum extent practicable, for purposes of this 
subsection, Federal agencies shall give preference to 
employees volunteering for reassignment to the re-
gional offices, and shall offer incentives to attract 
and retain regional office employees, including, but 
not limited to, retaining contract employees, rota-
tional assignments, salary incentives of up to 120 
percent of an employee’s existing salary immediately 
prior to reassignment, or any combination of strate-
gies. 
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(e) DUTIES.—Each employee assigned under sub-
section (d) shall— 
(1) within 90 days after the date of assignment, 
report to the regional office to which the employee 
is assigned; 
(2) be responsible for all issues relating to the 
jurisdiction of the home office or agency of the em-
ployee; and 
(3) participate as part of the team working on 
proposed oil and gas projects, planning, and environ-
mental analyses. 
(f) CREATION OF AND DELEGATION OF AUTHORITY 
TO REGIONAL PERMIT COORDINATORS.—The Federal 
Permit Coordinator shall appoint a Regional Permit Coor-
dinator to be located within each regional office estab-
lished under this section, with full authority to act on be-
half of the Federal Permit Coordinator. 
(g) ADDITIONAL PERSONNEL.—The Federal Permit 
Coordinator or Regional Permit Coordinators may at any 
time direct that any Federal agency party to the MOU 
under subsection (c) assign additional staff required to im-
plement the duties of the regional offices. 
SEC. 234. REVIEWS AND ACTIONS OF FEDERAL AGENCIES. 
(a) SCHEDULES
FOR TIMELY PERMIT DECISION-
MAKING.—Within 10 days after the date on which the Sec-
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retary receives any oil and gas permit application or 
amended application, the Secretary shall either notify the 
applicant that the application is complete or notify the ap-
plicant that information is missing and specify the infor-
mation that is required to be submitted for the application 
to be complete. Within 30 days after notifying a permit 
applicant that an application is complete, the Secretary, 
in consultation with the permit applicant as necessary, 
shall determine and inform the Regional Permit Coordi-
nator responsible for that project area whether the pro-
posed permit is a class I, class II, or class III permit. The 
Regional Permit Coordinator shall as soon as possible but 
in no event later than 30 days following the Secretary’s 
determination establish a binding schedule to ensure the 
most expeditious possible review and processing of the re-
quested permit, in accordance with this section. 
(b) PERMIT CLASSES AND SCHEDULES.— 
(1) CLASS I PERMITS.—An oil and gas permit 
shall be designated as a class I permit under this 
section if the permitted activity is of a nature that 
would typically require preparation of an environ-
mental impact statement under NEPA to inform the 
permitting decision. For such permits, the Regional 
Permit Coordinator shall establish a schedule for 
timely completion of all permit reviews and proc-
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essing, not to exceed 30 months. The Regional Per-
mit Coordinator shall make the schedule publicly 
available within 10 days after the schedule is estab-
lished. 
(2) CLASS II PERMITS.—An oil and gas permit 
shall be designated as a class II permit under this 
section if the permitted activity is of a nature that 
would typically be found not to significantly affect 
the quality of the human environment under NEPA. 
For such permits, the Regional Permit Coordinator 
shall establish the most expeditious schedule possible 
for completion of all permit reviews and processing, 
not to exceed 90 days. The Regional Permit Coordi-
nator may grant a one-time extension of that sched-
ule, not to exceed 60 days, upon a good cause show-
ing that additional time is necessary to complete 
permit decisions. Not later than 15 days after estab-
lishing or extending any schedule for a class II per-
mit, the Regional Permit Coordinator shall provide 
the permit applicant with the schedule. 
(3) CLASS III PERMITS.—Notwithstanding para-
graphs (1) and (2), an oil and gas permit shall be 
designated as a class III permit under this section 
if the permitted activity either qualifies for a statu-
tory or regulatory categorical exclusion under NEPA 
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or if the requirements under NEPA and other appli-
cable law for the permit have been completed within 
30 days after the date of a complete application. For 
such permits, the permit shall be issued within 30 
days after the date of a complete application. 
(4) RECLASSIFICATION OF CLASS II PERMIT.— 
If prior to the expiration of the established schedule 
for a class II permit newly discovered information 
indicates that the class II permit will significantly 
affect the quality of the human environment, the 
Secretary may, in consultation with the permit appli-
cant, reclassify the permit as a class I permit under 
paragraph (1), and the Regional Coordinator shall 
establish an amended schedule that complies with 
the provisions of that paragraph. 
(c) REPORTING.—The Regional Permit Coordinators 
shall include data on all schedule timing and compliance 
in their reports to the Federal Permit Coordinator re-
quired under subsection (i), who shall include such data 
in the report to the President and Congress required 
under subsection (i). 
(d) DISPUTE RESOLUTION.—The Regional Permit 
Coordinator shall resolve all administrative issues that af-
fect oil and gas permit reviews. The Regional Permit Coor-
dinator shall report jointly to the Federal Permit Coordi-
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nator and to the head of the relevant action agency, or 
his or her designee, for resolution of any issue regarding 
an oil and gas permit that may result in missing the 
schedule deadlines established pursuant to subsection (b). 
The Regional Permit Coordinators shall include data re-
garding the incidence and resolution of disputes under this 
subsection in their reports to the Federal Permit Coordi-
nator required under subsection (i), who shall include such 
reported data and develop recommendations in the report 
to the President and Congress required under subsection 
(i). 
(e) REMEDIES.—An applicant for a class I permit 
may bring a cause of action to seek expedited mandamus 
review, if a Regional Permit Coordinator or the Secretary 
fails to— 
(1) establish a schedule in accordance with sub-
section (b); 
(2) enforce and ensure completion of reviews 
within schedule deadlines; or 
(3) take all actions as are necessary and proper 
to avoid jeopardizing the timely completion of the 
entire schedule. 
If an agency fails to complete its review of and issue a 
decision upon a permit within the schedule established by 
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the Court, that permit shall be deemed granted to the ap-
plicant. 
(f) PROHIBITION OF CERTAIN TERMS AND CONDI-
TIONS.—No Federal agency may include in any permit, 
right-of-way, or other authorization issued for an oil and 
gas project subject to the provisions of this subtitle, any 
term or condition that may be authorized, but is not re-
quired, by the provisions of any applicable law, if the Fed-
eral Permit Coordinator determines that such term or con-
dition would prevent or impair in any significant respect 
completion of a permit review within the time schedule es-
tablished pursuant to subsection (b) or would otherwise 
impair in any significant respect expeditious oil and gas 
development. The Federal Permit Coordinator shall not 
have any authority to impose any terms, conditions, or re-
quirements beyond those imposed by any Federal law, 
agency, regulation, or lease term. 
(g) CONSOLIDATED RECORD.—The Federal Permit 
Coordinator, acting through the appropriate Regional Per-
mit Coordinator, with the cooperation of Federal and 
State administrative officials and agencies, shall maintain 
a complete, consolidated record of all decisions made or 
actions taken by the Federal Permit Coordinator or Re-
gional Permit Coordinator or by any Federal agency with 
respect to any oil and gas permit. 
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(h) RELATIONSHIP TO NEPA AND ENERGY POLICY 
ACT OF 2005.— 
(1) Section 390(a) of the Energy Policy Act of 
2005 (42 U.S.C. 15942(a)) is amended— 
(A) by striking ‘‘rebuttable presumption 
that the use of a’’; and 
(B) by striking ‘‘would apply’’. 
(2) Section 17(p) of the Mineral Leasing Act 
(30 U.S.C. 226(p)) is repealed. 
(i) ADDITIONAL POWERS AND RESPONSIBILITIES.— 
(1) REGIONAL
PERMIT
COORDINATOR
RE-
PORTS.—The Regional Permit Coordinators shall 
each submit a report to the Federal Permit Coordi-
nator by December 31 of each year that documents 
each office’s performance in meeting the objectives 
under this subtitle, including recommendations to 
further streamline the permitting process. 
(2) REDIRECTION
OF
PRIORITIES
OR
RE-
SOURCES.—In order to expedite overall permitting 
activity, the Federal Permit Coordinator may redi-
rect the priority of regional office activities or the al-
location of resources among such offices, and shall 
engage the agencies that are parties to the MOU to 
the extent such adjustments implicate their respec-
tive staffs or resources. 
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(3) REPORT TO CONGRESS.—Beginning three 
years after the date of enactment of this Act, the 
Federal Permit Coordinator shall prepare and sub-
mit a report to the President and Congress by April 
15 of each year that outlines the results achieved 
under this subtitle and makes recommendations to 
the President and Congress for further improve-
ments in processing oil and gas permits on Federal 
lands. 
SEC. 235. STATE COORDINATION. 
The Governor of any State wherein an oil and gas 
operation may require a Federal permit, or the coastline 
of which is in immediate geographic proximity to oil and 
gas operations on the Outer Continental Shelf, may be a 
signatory to the MOU for purposes of fulfilling any State 
responsibilities with respect to Federal oil and gas permit-
ting decisions. The Regional Permit Coordinators shall fa-
cilitate and coordinate concurrent State reviews of re-
quested permits for oil and gas projects on the Outer Con-
tinental Shelf. 
SEC. 236. SAVINGS PROVISION. 
Except as expressly stated, nothing in this subtitle 
affects— 
(1) the applicability of any Federal or State 
law; or 
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(2) any delegation of authority made by the 
head of a Federal agency the employees of which are 
participating in the implementation of this section. 
SEC. 237. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) ADMINISTRATIVE REVIEW.—Any oil and gas per-
mitting decision for Federal lands onshore or on the Outer 
Continental Shelf that was issued in accordance with the 
procedures established by this subtitle shall not be subject 
to further administrative review within the respective Fed-
eral agency responsible for that decision, and shall be the 
final decision of that agency for purposes of judicial re-
view. 
(b) EXCLUSIVE JURISDICTION OVER PERMIT DECI-
SIONS.—Only the United States District Court for the 
District of Columbia shall have original jurisdiction over 
any civil action for the review of such a permit decision. 
(c) LIMITATIONS ON CLAIMS.—Notwithstanding any 
other provision of law, any action arising under Federal 
law seeking judicial review of a permit, license, or approval 
issued by a Federal agency for an oil and gas permit sub-
ject to this subtitle shall be barred unless it is filed within 
90 days of the date of the decision. Nothing in this subtitle 
shall create a right to judicial review or places any limit 
on filing a claim that a person has violated the terms of 
a permit, license, or approval. 
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