IB 
Union Calendar No. 376 
112TH CONGRESS 
2D SESSION 
H. R. 4383 
[Report No. 112–528, Part I] 
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 
JUNE 15, 2012 
Additional sponsors: Mrs. BLACK, Mr. JOHNSON of Ohio, Mr. GRIFFIN of Ar-
kansas, Mr. DUNCAN of South Carolina, Mr. COFFMAN of Colorado, Mr. 
TIPTON, Mr. DENHAM, Mr. NUNNELEE, Ms. FOXX, Mr. LATHAM, Mr. 
CONAWAY, Ms. JENKINS, Mrs. CAPITO, and Mr. REED 
JUNE 15, 2012 
Reported from the Committee on Natural Resources with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JUNE 15, 2012 
The Committee on the Judiciary discharged; committed to the Committee of 
the Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on April 18, 2012] 
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A BILL 
To streamline the application for permits to drill process 
and increase funds for energy project permit processing, 
and for other purposes. 
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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. 
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. 
Sec. 303. Policies regarding buying, building, and working for America. 
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. 
Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 
226(p)(2)) is amended to read as follows: 
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‘‘(2) APPLICATIONS FOR PERMITS TO DRILL RE-
FORM 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 appli-
cant. 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 per-
sons processing the application, the specific rea-
sons for the delay, and a specific date a final de-
cision 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 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 ap-
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plication by the end of the 60-day period begin-
ning 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 
1969 or Endangered Species Act of 1973 are in-
complete. 
‘‘(D) DENIAL OF PERMIT.—If the Secretary 
decides not to issue a permit to drill in accord-
ance with subparagraph (A), the Secretary 
shall— 
‘‘(i) provide to the applicant a descrip-
tion of the reasons for the denial of the per-
mit; 
‘‘(ii) allow the applicant to resubmit 
an application for a permit to drill during 
the 10-day period beginning on the date the 
applicant receives the description of the de-
nial from the Secretary; and 
‘‘(iii) issue or deny any resubmitted 
application not later than 10 days after the 
date the application is submitted to the Sec-
retary. 
‘‘(E) FEE.— 
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‘‘(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 final decision is made whether to issue 
a permit under subparagraph (A). This fee 
shall not apply to any resubmitted applica-
tion. 
‘‘(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-
propriation.’’. 
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 re-
tained by the Secretary of the Interior to be used, subject 
to appropriation, by the Bureau of Land Management to 
process permits, right-of-way applications, and other ac-
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tivities necessary for renewable development, and, at the 
discretion of the Secretary, by the U.S. Fish and Wildlife 
Service or other Federal agencies involved in wind and 
solar permitting reviews to facilitate the processing of wind 
energy and solar energy permit applications on Bureau of 
Land Management lands. 
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 col-
lect a $5,000 documentation fee to accompany 
each protest for a lease, right of way, or applica-
tion for permit to drill. 
‘‘(B) TREATMENT OF FEES.—Of all fees col-
lected under this paragraph, 50 percent shall re-
main in the field office where they are collected 
and used to process protests subject to appropria-
tion.’’. 
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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 in 
this section as the ‘‘Project’’) in every Bureau of Land Man-
agement field office with responsibility for permitting en-
ergy 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 pur-
poses 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 Engi-
neers. 
(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.— 
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(1) IN GENERAL.—Not later than 30 days after 
the date of the signing of the memorandum of under-
standing under subsection (b), all Federal signatory 
parties shall, if appropriate, assign to each of the Bu-
reau of Land Management field offices an employee 
who has expertise in the regulatory issues relating to 
the office in which the employee is employed, includ-
ing, as applicable, particular expertise in— 
(A) the consultations and the preparation of 
biological 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); 
(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 Man-
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agement Field Managers in the office to which 
the employee is assigned; 
(B) be responsible for all issues relating to 
the energy projects that arise under the authori-
ties of the employee’s home agency; and 
(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 as-
sign to each Bureau of Land Management field office identi-
fied in subsection (a) any additional personnel that are nec-
essary to ensure the effective approval and implementation 
of energy projects administered by the Bureau of Land 
Management field offices, including inspection and enforce-
ment 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 
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(2) any delegation of authority made by the head 
of a Federal agency whose employees are partici-
pating 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 cir-
cumstances in administering section 390 of the Energy Pol-
icy Act of 2005. 
SEC. 303. POLICIES REGARDING BUYING, BUILDING, AND 
WORKING FOR AMERICA. 
(a) CONGRESSIONAL INTENT.—It is the intent of Con-
gress that— 
(1) this Act will support a healthy and growing 
United States domestic energy sector that, in turn, 
helps to reinvigorate American manufacturing, trans-
portation, and service sectors by employing the vast 
talents of United States workers to assist in the devel-
opment of energy from domestic sources; and 
(2) Congress will monitor the deployment of per-
sonnel and material onshore under this Act to encour-
age the development of American technology and 
manufacturing to enable United States workers to 
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benefit from this Act through good jobs and careers, 
as well as the establishment of important industrial 
facilities to support expanded access to American en-
ergy resources. 
(b) REQUIREMENT.—The Secretary of the Interior 
shall, when possible and practicable, encourage the use of 
United States workers and equipment manufactured in the 
United States in all construction related to mineral re-
source development under this Act. 
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 be-
tween the parties to a lease regarding the obligations 
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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 dis-
trict 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, ad-
ministrative 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 administra-
tive record. 
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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 nec-
essary to correct the violation of a legal requirement, and 
is the least intrusive means necessary to correct that viola-
tion. In addition, courts shall limit the duration of prelimi-
nary 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 stand-
ing requirements as challengers before a United States dis-
trict court. 
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Union Calendar No. 376 
112TH CONGRESS 
2D SESSION 
H. R. 4383 
[Report No. 112–528, Part I] 
A BILL 
To streamline the application for permits to drill 
process and increase funds for energy project 
permit processing, and for other purposes. 
JUNE 15, 2012 
Reported from the Committee on Natural Resources with 
an amendment 
JUNE 15, 2012 
The Committee on the Judiciary discharged; committed 
to the Committee of the Whole House on the State of 
the Union and ordered to be printed 
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