32.4 No Multiple Applications

Summary:

Applications for federal permits shall be made to one agency only and ruled upon promptly.

Proposed Language:

No person shall be required to file an application to obtain a right or permit required by law with more than one agency or department, and that agency or department shall coordinate as it deems appropriate with other agencies and departments that have an interest in the matter. If more than one agency or department requires an application for permit, the applicant has the right to select which of the agencies or departments shall receive his application unless otherwise specified by law. Any such application shall be acted upon by the agency or department within one year from the filing thereof or shall thereafter be deemed unconditionally approved as filed. A denial, or approval with conditions which are not satisfied within six months from agency action from the applicant’s submission of a satisfaction of conditions, shall be subject to judicial review before the federal court of appeals of the circuit in which the applicant resides.

Commentary:

The process of creating wealth requires an idea, a committed individual, labor and capital. The result is productivity which creates wealth and in our system of government benefits everyone. We call this capitalism, namely the economic order that results from a free society. This order lets the market make priorities and is based on a collective confidence that individuals whose fortunes are at risk are better suited to manage the capital than a government bureaucrat.

The percentage of new ideas that are successful is low because there are many obstacles that retard the decision-making necessary for reaching a profitable result. Each decision involves a prediction about what will happen when a certain action is taken. Yet, no one, including the government, is an expert in making decisions, and, when they are wrong as determined by the marketplace, there is always failure and loss and injury to the People with the number hurt depending on the level of government where the decision is made.

In order to stimulate the creation of wealth and the productivity essential to that end, it is in our interest to minimize the obstacles to a reasonable extent. Today, one of the most serious obstacles is the necessity as established by law and regulation that so many activities be approved in advance by governmental officials and permitted before they can take place. We have all heard about the Canadian pipeline, which has been seeking permits to install an oil pipeline from Canada to New Orleans and the numerous permits the owners were required to obtain from state and federal officials. 

The federal government has a legitimate interest in requiring that some businesses file applications with it and receive permits to engage in the proposed activity. This is particularly true when public health and safety are affected in more than one state. However, placing the burden and risk on the applicant becomes an unfair burden on the creation of wealth when too many permits and too many government decision-makers are involved. In fact, substantial amounts of capital are required simply to obtain permission to engage in an activity that creates wealth, employment and benefits for all of us.

In order to reverse a growing trend of excessive governmental interference with business activity, we have proposed that the federal government, in those areas where permits are required, to manage its affairs in such a manner that an applicant need apply to one agency only. From that point, the particular agency is responsible for dealing with all of the interests of any other affected agency in such manner as it considers appropriate. In addition, we have proposed that this process not be extended and drawn out but resolved in a shorter time. We believe such a process will accelerate the creation of wealth and employment of our citizens and provide the benefits the applicant seeks to present to the People in exchange for a profit the applicant believes the People will find acceptable.