text: 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.
  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 PERMITS TO DRILL PROCESS REFORM
  
  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:
              ``(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 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.
                      ``(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 final 
                          decision is made whether to issue a permit 
                          under subparagraph (A). This fee shall not 
                          apply to any resubmitted application.
                              ``(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 appropriation.''.
  
  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 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 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 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 appropriation.''.
  
                       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 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--
                      (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 
                  energy projects that arise under the authorities of the 
                  employee's home agency; 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 
  Bureau of Land Management field office identified in subsection (a) 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 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.
  
  SEC. 303. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA.
  
      (a) Congressional Intent.--It is the intent of Congress that--
              (1) this Act will support a healthy and growing United 
          States domestic energy sector that, in turn, helps to 
          reinvigorate American manufacturing, transportation, and 
          service sectors by employing the vast talents of United States 
          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 United States 
          workers to benefit from this Act through good jobs and careers, 
          as well as the establishment of important industrial facilities 
          to support expanded access to American energy 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 resource 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 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.
target: 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.
feat_title: To streamline the application for permits to drill process and increase funds for energy project permit processing, and for other purposes.