SE North Carolina News

Senators Ted Budd and Cynthia Lummis have reintroduced the Full Responsibility and Expedited Enforcement (FREE) Act, aiming to reform the federal permitting process. The proposed legislation seeks to establish a 'permit by rule' system, allowing applicants to certify compliance with pre-set criteria for permit approval.

This system would enable automatic permit approvals unless an agency identifies non-compliance within a specified timeframe. Co-sponsors of the bill include Senators Thom Tillis, Pete Ricketts, Rick Scott, and Tim Sheehy. Representative Celeste Maloy has introduced a companion bill in the House.

Senator Budd emphasized the need for this reform: "All too often, the federal permitting process is slow, expensive, and confusing... Now Congress should make this policy permanent to reduce bureaucratic delays and compliance costs." Senator Lummis criticized current procedures under President Biden's administration as "woefully backlogged" and difficult to navigate.

The FREE Act requires agencies to evaluate their existing systems for potential replacement with a 'permit by rule' system. Agencies must report to Congress within 180 days detailing permits issued and evaluating feasibility for replacement. Within 12 months of reporting, agencies must establish application processes specifying requirements for permits.

Permits would be automatically approved if applications meet all certifications without objections in 30 days. Agencies retain authority to audit applications and enforce standards but cannot undermine enforcement through settlement agreements. Applicants can appeal denied or halted permits in district court if they demonstrate good faith efforts at compliance.