Sec. 106. Permittee bill of rights

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 101 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 ) is amended by adding at the end the following: It is the policy of the United States— to use natural resources in a responsible manner to maximize value and utility, while protecting public health and welfare; and that, therefore, in implementing a Federal permitting law, a Federal agency should, to the maximum extent practicable, seek to issue permit decisions favorably. In this subsection: The term Federal permitting law means any provision of Federal law pursuant to which a Federal agency may issue a permit.

The term Federal permitting law includes— the Toxic Substances Control Act ( 15 U.S.C. 2601 et seq.); the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq.); the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.); the Safe Drinking Water Act ( 42 U.S.C. 300f et seq.); the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq.); the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.); the Clean Air Act ( 42 U.S.C. 7401 et seq.); and the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq.).

In any communication between a permittee or an applicant for a permit and a Federal agency relating to a determination of the agency pursuant to a Federal permitting law, the following shall apply: Any decision relating to the applicable permit or application shall be issued— within the applicable deadline; or at such other reasonable time as may be agreed to by the permittee or applicant and the Federal agency. Each permittee and permit applicant shall have the right— to assistance and prompt response in seeking from the Federal agency information regarding the regulatory and permit process; to request and receive— a clear projected schedule of fees for the review and completion of the permit process; and a clear, concise statement of the reasoning for a determination by the agency to reject a permit application; to know the exact deficiencies in a rejected application; and to a transparent and unbiased decision based on the submitted application and applicable Federal permitting law and regulatory requirements. .

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