Sec. 401 Short title
This title may be cited as the “Streamlining Permitting of American Energy Act of 2013”.
Title IV — Streamlined energy permitting
IV Streamlined energy permitting
A Application for permits To drill process reform
Sec. 411 Permit to drill application timeline
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is amended by striking paragraph (2) and inserting the following:
“(2) Applications for permits to drill reform and process
“(A) In general—Subject to subparagraph (B), the Secretary shall decide whether to issue a permit to drill not later than 30 days after the date on which the application for the permit is received by the Secretary.
“(B) Extensions
“(i) In general—The Secretary may extend the period described in subparagraph (A) for up to 2 periods of 15 days each, if the Secretary gives written notice of the delay to the applicant.
“(ii) Notice—The notice shall—
“(I) be in the form of a letter from the Secretary or a designee of the Secretary; and
“(II) include—
“(aa) the names and positions of the persons processing the application;
“(bb) the specific reasons for the delay; and
“(cc) a specific date on which a final decision on the application is expected.
“(C) Notice of reasons for denial—If the application is denied, the Secretary shall provide the applicant—
“(i) a written notice that provides—
“(I) clear and comprehensive reasons why the application was not accepted; and
“(II) detailed information concerning any deficiencies; and
“(ii) an opportunity to remedy any deficiencies.
“(D) Application considered 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 for the permit is received by the Secretary, the application shall be considered approved unless applicable reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are incomplete.
“(E) Denial of permit—If the Secretary decides not to issue a permit to drill under this paragraph, 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 the applicant receives the description of the denial 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 Secretary.
“(F) Fee
“(i) In general—Subject to clauses (ii) and (iii) and notwithstanding any other provision of law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under this paragraph.
“(ii) Resubmitted applications—The fee described in clause (i) shall not apply to any resubmitted application.
“(iii) Treatment of permit processing fee—Subject to appropriation, of all fees collected under this paragraph, 50 percent shall be transferred to the field office where the fees are collected and used to process leases, permits, and appeals under this Act.”
Sec. 412 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 retained 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 activities necessary for renewable development; and
at the option of the Secretary of the Interior, by the United States 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 land.
B Administrative appeal documentation reform
Sec. 421 Administrative appeal documentation reform
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is amended by adding at the end the following:
“(4) Appeal fee
“(A) In general—The Secretary shall collect a $5,000 documentation fee to accompany each appeal of an action on a lease, right-of-way, or application for permit to drill.
“(B) Treatment of fees—Subject to appropriation, of all fees collected under this paragraph, 50 percent shall remain in the field office where the fees are collected and used to process appeals.”
C Permit streamlining
Sec. 431 Federal energy permit coordination
Definitions— In this section:
Energy projects— The term energy projects means oil, coal, natural gas, and renewable energy projects.
Project— The term Project means the Federal Permit Streamlining Project established under subsection (b).
Secretary— The term Secretary means the Secretary of the Interior.
Establishment— The Secretary shall establish a Federal Permit Streamlining Project in each Bureau of Land Management field office with responsibility for issuing permits for energy projects on Federal land.
Memorandum of understanding—
In general— Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding to carry out this section with—
the Secretary of Agriculture;
the Administrator of the Environmental Protection Agency; and
the Secretary of the Army, acting through the Chief of Engineers.
State participation— The Secretary may request the Governor of any State with energy projects on Federal land to be a signatory to the memorandum of understanding.
Designation of qualified staff—
In general— Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (c), all Federal signatory parties shall, if appropriate, assign to each of the Bureau of Land Management 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—
the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536);
permits under section 404 of Federal Water Pollution Control Act (33 U.S.C. 1344);
regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.);
planning under the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.); and
the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Duties— Each employee assigned under paragraph (1) shall—
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;
be responsible for all issues relating to the energy projects that arise under the authorities of the home office of the employee; and
participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal land.
Additional personnel— The Secretary shall assign to each Bureau of Land Management field office identified under subsection (b) any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the Bureau of Land Management field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple-use requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
Funding— Funding for the additional personnel shall be derived from the Department of the Interior reforms made by sections 411, 412, and 421 and the amendments made by those sections.
Savings provision— Nothing in this section affects—
the operation of any Federal or State law; or
any delegation of authority made by the head of a Federal agency whose employees are participating in the Project.
Sec. 432 Administration of current law
Notwithstanding any other provision of 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 (42 U.S.C. 15942).
D Judicial Review
Sec. 441 Definitions
In this title:
Covered civil action— 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 land.
Covered energy project—
In general— The term covered energy project means the leasing of Federal land 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.
Exclusion— The term covered energy project does not include any disputes between the parties to a lease regarding the obligations under the lease, including regarding any alleged breach of the lease.
Sec. 442 Exclusive venue for certain civil actions relating to covered energy projects
Venue for any covered civil action shall lie in the United States district court for the district in which the project or leases exist or are proposed.
Sec. 443 Timely filing
To ensure timely redress by the courts, a covered civil action shall be filed not later than 90 days after the date of the final Federal agency action to which the covered civil action relates.
Sec. 444 Expedition in hearing and determining the action
A court shall endeavor to hear and determine any covered civil action as expeditiously as practicable.
Sec. 445 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. 446 Limitation on injunction and prospective relief
In general— In a covered civil action, a court shall not grant or approve any prospective relief unless the court finds that the 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 the violation.
Preliminary injunctions—
In general— A court shall limit the duration of a preliminary injunction to halt a covered energy project to not more than 60 days, unless the court finds clear reasons to extend the injunction.
Extensions— Extensions under paragraph (1) shall—
only be in 30-day increments; and
require action by the court to renew the injunction.
Sec. 447 Limitation on attorneys’ fees
In general— Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the “Equal Access to Justice Act”), shall not apply to a covered civil action.
Attorney's fees and court costs— A party in a covered civil action shall not receive payment from the Federal Government for attorney's fees, expenses, or other court costs.
Sec. 448 Legal standing
A challenger filing an appeal with the Interior Board of Land Appeals shall meet the same standing requirements as a challenger before a United States district court.