I 
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 Com-
mittee 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 jurisdic-
tion 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Streamlining Permit-
ting 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. 
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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 PER-
MITS TO DRILL PROCESS RE-
FORM 
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 RE-
FORM AND PROCESS.— 
‘‘(A) TIMELINE.—The Secretary shall de-
cide whether to issue a permit to drill within 30 
days after receiving an application for the per-
mit. The Secretary may extend such period for 
up to 2 periods of 15 days each, if the Sec-
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retary 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 ex-
pected. 
‘‘(B) NOTICE OF REASONS FOR DENIAL.— 
If the application is denied, the Secretary shall 
provide the applicant— 
‘‘(i) in writing, clear and comprehen-
sive reasons why the application was not 
accepted and detailed information con-
cerning any deficiencies; and 
‘‘(ii) an opportunity to remedy any de-
ficiencies. 
‘‘(C) APPLICATION DEEMED APPROVED.— 
If the Secretary has not made a decision on the 
application by the end of the 60-day period be-
ginning on the date the application is received 
by the Secretary, the application is deemed ap-
proved, except in cases in which existing reviews 
under the National Environmental Policy Act of 
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1969 or Endangered Species Act of 1973 are 
incomplete. 
‘‘(D) DENIAL
OF
PERMIT.—If the Sec-
retary decides not to issue a permit to drill in 
accordance with subparagraph (A), the Sec-
retary shall— 
‘‘(i) provide to the applicant a descrip-
tion 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 appli-
cant; 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 ap-
plication from each applicant at the time 
the decision is made whether or not to 
issue a permit under subparagraph (A). 
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‘‘(ii) TREATMENT OF PERMIT PROC-
ESSING FEE.—Of all fees collected under 
this paragraph, 50 percent shall be trans-
ferred to the field office where they are col-
lected and used to process protests, leases, 
and permits under this Act subject to ap-
propriations.’’. 
SEC. 102. SOLAR AND WIND RIGHT-OF-WAY RENTAL RE-
FORM. 
Notwithstanding any other provision of law, each fis-
cal year, of fees collected as annual wind energy and solar 
energy right-of-way authorization fees required under sec-
tion 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 develop-
ment subject to appropriations. 
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TITLE II—ADMINISTRATIVE PRO-
TEST DOCUMENTATION RE-
FORM 
SEC. 201. ADMINISTRATIVE PROTEST DOCUMENTATION RE-
FORM. 
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 
226(p)) is further amended by adding at the end the fol-
lowing: 
‘‘(4) PROTEST FEE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
collect a $5,000 documentation fee to accom-
pany 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 col-
lected and used to process protests subject to 
appropriations.’’. 
TITLE III—PERMIT 
STREAMLINING 
SEC. 301. IMPROVE FEDERAL ENERGY PERMIT COORDINA-
TION. 
(a) ESTABLISHMENT.—The Secretary of the Interior 
(referred to in this section as the ‘‘Secretary’’) shall estab-
lish a Federal Permit Streamlining Project (referred to 
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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 Environ-
mental Protection Agency; and 
(C) the Chief of the Army Corps of Engi-
neers. 
(2) STATE
PARTICIPATION.—The Secretary 
may request that the Governor of any State with en-
ergy 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 un-
derstanding under subsection (b), all Federal signa-
tory 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 
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the employee is employed, including, as applicable, 
particular expertise in— 
(A) the consultations and the preparation 
of biological opinions under section 7 of the En-
dangered 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 
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(C) participate as part of the team of per-
sonnel working on proposed energy projects, 
planning, and environmental analyses on Fed-
eral 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 ef-
fective 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 af-
fects— 
(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 par-
ticipating 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. 
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SEC. 302. ADMINISTRATION OF CURRENT LAW. 
Notwithstanding any other law, the Secretary of the 
Interior shall not require a finding of extraordinary cir-
cumstances 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. 
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SEC. 402. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS 
RELATING TO COVERED ENERGY PROJECTS. 
Venue for any covered civil action shall lie in the dis-
trict court where the project or leases exist or are pro-
posed. 
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, admin-
istrative findings and conclusions relating to the chal-
lenged 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 adminis-
trative 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 
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