Findings

Congress finds the following: (1) Agencies near unanimously operate under a permitting system that gives agencies broad discretion and requires the Government to review each permitting application. (2) Agencies near unanimously operate under a permitting system that either does not have time constraints, or has time constraints that agencies do not follow. (3) The combination of broad discretion and the lack of time constraints often results in a tedious, time consuming, and often expensive permitting system for the Government and applicants. Moreover, agencies will sometimes use their discretion and the time consuming nature of permitting to stall or discourage permit issuance. (4) There is a compelling interest in avoiding unnecessary delay and expense in Federal permitting. (5) Permit by rule is a process that seeks to overcome agency delay and the cumbersome cost of agency review to Government and private interests. (6) Permit by rule is a process of permitting that includes specific written standards for obtaining a permit, a simple requirement for an applicant to certify compliance with each of the standards, and a streamlined approval process with a prompt deadline for agency action on applications that only allows the Government to verify that all conditions are met. The Government retains the right and responsibility to audit and enforce compliance with permitting requirements. Focusing upon permittees who are violating the law or standards rather than gatekeeping will make permitting more efficient while allowing an agency to protect the compelling interests for which permitting systems are intended.

Congress finds the following: (1) Agencies near unanimously operate under a permitting system that gives agencies broad discretion and requires the Government to review each permitting application. (2) Agencies near unanimously operate under a permitting system that either does not have time constraints, or has time constraints that agencies do not follow. (3) The combination of broad discretion and the lack of time constraints often results in a tedious, time consuming, and often expensive permitting system for the Government and applicants. Moreover, agencies will sometimes use their discretion and the time consuming nature of permitting to stall or discourage permit issuance. (4) There is a compelling interest in avoiding unnecessary delay and expense in Federal permitting. (5) Permit by rule is a process that seeks to overcome agency delay and the cumbersome cost of agency review to Government and private interests. (6) Permit by rule is a process of permitting that includes specific written standards for obtaining a permit, a simple requirement for an applicant to certify compliance with each of the standards, and a streamlined approval process with a prompt deadline for agency action on applications that only allows the Government to verify that all conditions are met. The Government retains the right and responsibility to audit and enforce compliance with permitting requirements. Focusing upon permittees who are violating the law or standards rather than gatekeeping will make permitting more efficient while allowing an agency to protect the compelling interests for which permitting systems are intended.