Budd, Lummis Reintroduce Bill to Streamline Federal Permitting Process

Washington, D.C.
— Senators Ted Budd (R-NC) and Cynthia Lummis (R-WY) have reintroduced the
Full Responsibility and Expedited Enforcement (FREE) Act
.
The legislation would introduce a ‘permit by rule’ system to the federal permitting process, which would allow an applicant to certify compliance with pre-established criteria to obtain a permit.
This approach allows permits to be automatically approved unless the agency identifies that an applicant had not made proper certifications within a specified period of time.
Senators Thom Tillis (R-NC), Pete Ricketts (R-NE), Rick Scott (R-FL) and Tim Sheehy (R-MT) also co-sponsored the legislation.
Representative Celeste Maloy (R-UT) introduced the companion bill in the U.S. House of Representatives.
Senator Budd said in a statement:
“All too often, the federal permitting process is slow, expensive, and confusing. That is why President Trump directed federal agencies to consider a ‘permit by rule’ system in his day one Unleashing American Energy Executive Order. Now Congress should make this policy permanent to reduce bureaucratic delays and compliance costs, and create a transparent and predictable regulatory environment. I’m proud to partner with Senator Lummis and Representative Maloy in this effort to implement a ‘permit by rule’ system to federal permitting.”
Senator Lummis said:
“Under four years of the Biden administration’s failed leadership, our permitting process is woefully backlogged and incredibly difficult to navigate. The federal permitting process has become years-long, which discourages investment and innovation all together. Implementing permit by rule processes will streamline approvals and help us address backlogs.”
Background:
The FREE Act:
Requires each agency to evaluate their current permitting systems and consider the feasibility of replacing them with a permit by rule system.
Mandates agencies to submit a detailed report to Congress within 180 days, outlining each permit issued, the requirements for obtaining them, and an evaluation of whether a permit by rule could replace the current system.
Establishes a permit by rule application process within 12 months of submitting the report, specifying written requirements and substantive standards for permits.
Automatically approves permits if the application meets all required certifications and no objections are raised within 30 days.
Allows agencies to audit applications and enforce compliance with substantive standards, including denying or halting permits if standards are not met.
Enables applicants to appeal denied or halted permits in district court, with provisions favoring applicants who made a good faith effort to comply.
Prohibits agencies from entering settlement agreements that would undermine the enforcement of the FREE Act.
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