[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8308 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8308
To establish requirements for the termination of authorizations, the
completion and coordination of reviews for authorizations, and judicial
review of actions relating to authorizations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 15, 2026
Mr. Peters (for himself, Mr. Evans of Colorado, Mr. Vasquez, Mr.
Garbarino, Mr. Gray, Mr. Ciscomani, Ms. Houlahan, and Mrs. Kiggans of
Virginia) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committees on
Transportation and Infrastructure, and Energy and Commerce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To establish requirements for the termination of authorizations, the
completion and coordination of reviews for authorizations, and judicial
review of actions relating to authorizations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Create Expedited Reviews to
Transform American Infrastructure Now Act'' or the ``CERTAIN Act''.
SEC. 2. AUTHORIZATION CERTAINTY.
(a) In General.--Except as provided in this subsection or
explicitly provided in any other provision of law, a Federal agency may
not revoke, rescind, withdraw, terminate, suspend, amend, alter, or
take any other action to interfere with an authorization unless--
(1) the Federal agency is required to take such action by
order of a court of competent jurisdiction;
(2) such action is necessary to prevent specific,
immediate, substantial, and proximate harm to life, property,
or national security that was not discussed or considered, or
could not have been reasonably anticipated, in the underlying
environmental review or final agency action for the
authorization;
(3) the Federal agency has received a request from the
holder of the authorization to take such action; or
(4) the Federal agency determines, not earlier than 7 days
after providing notice to the holder of the authorization in
accordance with subsection (c), that--
(A) the holder of the authorization has materially
breached the terms of the authorization, or has
otherwise violated applicable law; or
(B) the authorization was obtained through fraud,
intentional concealment, or material misrepresentation.
(b) Requirement.--Each action described in subsection (a) shall be
supported by clear and convincing evidence and limited in duration and
scope by the agency to address the specific issue such action is
intended to address.
(c) Notice.--Before an agency takes an action described in
subsection (a), the agency shall notify the holder of the authorization
in writing of such action, including by providing a detailed
explanation of the action (including a description of the duration and
scope of the action), identifying the statutory authority relied upon
for the action, and providing clear and convincing evidence supporting
the action.
(d) Judicial Review.--
(1) In general.--An action described in subsection (a)
shall be subject to judicial review under chapter 7 of title 5,
United States Code.
(2) Venue.--A person seeking judicial review of an action
described in subsection (a) may only obtain review of such
action in--
(A) the United States court of appeals for any
circuit wherein the project for which the authorization
was issued is located; or
(B) the United States Court of Appeals for the
District of Columbia Circuit.
(3) Petitions by federal agencies.--No Federal agency may
petition a court for vacatur or voluntary remand of an
authorization unless the holder of the authorization consents
in writing to such a petition.
(e) Savings Clause.--Nothing in subsection (a) shall be construed
to provide any Federal agency new, enhanced, or expanded authority, or
to limit any authority explicitly provided in any other provision of
law, concerning any authorization.
SEC. 3. TIMELINES AND PROCESS FOR APPLICATION REVIEW.
(a) Notification Requirements for Applications.--Unless a shorter
timeline is provided under another provision of law, an agency that
receives an application regarding an authorization shall--
(1) publicly document the receipt of--
(A) the application online by not later than--
(i) 14 days after the date on which the
application is received; or
(ii) in the case of an application pending
as of the date of enactment of this section, 30
days after such date of enactment; and
(B) any additional information requested under
paragraph (3)(B);
(2) immediately, upon receipt, notify the applicant in
writing that the application was received, and identify the
receiving official; and
(3) not later than 30 days after notifying the applicant
under paragraph (2) that the application was received, or, in
the case of an application pending on the date of enactment of
this section, not later than 45 days after such date of
enactment, determine whether the application is complete
pursuant to the requirements of applicable law and--
(A) if the agency determines the application is
complete, notify the applicant of such determination;
or
(B) if the agency determines the application is not
complete, notify the applicant of such determination
and request from the applicant, in writing, only so
much additional information, which may include
modifications to the application, that the agency needs
to determine the application is complete pursuant to
the requirements of applicable law, which such request
shall--
(i) be clear, comprehensive, and specific
regarding the additional information required,
or application modifications requested, from
the applicant;
(ii) establish a timeline for both the
applicant's submission of such information and
the agency's subsequent review and response;
and
(iii) be repeated until--
(I) the agency determines the
application is complete; or
(II) the agency determines, under
subsection (b)(1)(C), the applicant is
not acting in good faith.
(b) Completeness of Application.--
(1) Deemed complete.--
(A) Written attestation.--If an agency has not
notified an applicant that the agency determined the
application is complete, or has not denied the
application, by the date that is 60 days after the date
on which the agency requested additional information
under subsection (a)(3)(B), unless a shorter timeline
is provided under applicable law, the application shall
be deemed complete, unless the agency provides to the
applicant a written attestation. Such written
attestation shall--
(i) state and provide evidence that the
applicant failed to respond to a request for
additional information under subsection
(a)(3)(B); or
(ii) identify why the additional
information provided by the applicant was
materially deficient, in a clear,
comprehensive, and specific, manner.
(B) Second written attestation.--If an agency has
not notified an applicant that the agency determined
the application is complete, or has not denied the
application, by the date that 30 days after the agency
provided to the applicant a written attestation under
subparagraph (A), the application shall be deemed
complete, unless the agency provided to the applicant a
second written attestation in accordance with
subparagraph (A).
(C) Determination on good faith.--If the agency has
not notified the applicant that the agency determined
the application is complete, or has not denied the
application, by the date that 30 days after the agency
provided to the applicant a second written attestation
under subparagraph (B), the application shall be deemed
complete, unless the agency determines the applicant is
not acting in good faith. If the agency determines the
applicant is not acting in good faith (which shall be
subject to judicial review in accordance with section
5(b)(1)) the application shall be deemed denied.
(2) Limitations.--
(A) No revocation.--A Federal agency may not revoke
a determination that an application regarding an
authorization is complete.
(B) Requests for new information.--An agency may
not request under subsection (a)(3)(B) any information
in a request for additional information that was not
included or referenced in the original request for
additional information, unless the agency demonstrates
that the new information is necessary to fulfill a
statutory obligation with regard to the applicable
authorization.
(c) Notice of Application of the National Environmental Policy Act
of 1969.--Not later than 30 days after an agency notifies an applicant
that the agency determined the application is complete under subsection
(a)(3)(A), or 30 days after the date on which the application is deemed
complete, unless a shorter deadline is specified under Federal law, the
agency shall--
(1) if the agency determines an environmental assessment or
environmental impact statement is required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
respect to the application for an authorization--
(A) notify the applicant in writing that such
environmental assessment or environmental impact
statement is required; and
(B) not later than 30 days after notifying the
applicant under subparagraph (A) issue a public notice
of intent to prepare such environmental assessment or
environmental impact statement;
(2) if the agency determines that a categorical exclusion
applies to the authorization, or that the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does
not require the preparation of an environmental assessment or
environmental impact statement for the authorization, notify
the applicant in writing of such determination;
(3) if the agency lacks sufficient information to make a
determination under paragraph (1) or (2), the agency shall, if
it has not already, provide for such determination and, as
applicable, provide for applicant notification or publishing of
the notice of intent within the coordination plan established
under section 6; or
(4) if applicable, notify the applicant that the agency has
determined that it is not required pursuant to the requirements
of applicable law to complete any environmental reviews or
issue any authorizations for the applicable project.
(d) Applicant Notification of Multiple Applications.--
(1) In general.--Any person that submits an application to
more than one Federal agency for an authorization for a project
shall notify each such Federal agency of each application
submitted to the other Federal agencies by not later than 7
days after submitting each such application.
(2) Rule of construction.--Paragraph (1) shall not be
construed as requiring applicants to file applications
concurrently or simultaneously.
(e) Written Determination of Denial of Application.--An agency may
not deny an application for an authorization for a project, or
determine an applicant is not acting in good faith under subsection
(b)(1), unless the agency provides, at the time of such denial or
determination, to the applicant a written statement that--
(1) describes the reason for the denial or determination;
and
(2) establishes that the denial or determination is
supported by the record, authorized by the relevant statute.
SEC. 4. PREVENTING UNNECESSARY DELAYS IN ENVIRONMENTAL REVIEWS.
(a) In General.--The Council on Environmental Quality shall, in
consultation with relevant Federal agencies--
(1) not later than 180 days after the date of enactment of
this section, issue guidance to Federal agencies and applicants
for authorizations on the implementation of the provisions of
this Act; and
(2) take such actions as are necessary and within the
statutory authority of the Council, including this Act, to
facilitate timely and efficient completion of environmental
reviews for authorizations.
(b) Mediation of Disputes.--The Chair of the Council on
Environmental Quality (in consultation, as applicable, with the chief
environmental review and permitting officers of applicable agencies,
and an applicant for an authorization) shall, upon written request to
the Council by the applicant, mediate any disputes regarding an
environmental review for an authorization.
(c) Resolution of Disputes.--If a dispute remains unresolved by the
date that is 30 days after the date on which the dispute was submitted
to the Chair of the Council on Environmental Quality, the Chair shall--
(1) facilitate a resolution of the dispute; and
(2) if necessary (according to the discretion of the Chair)
to resolve the dispute in a timely fashion, provide specific
direction to the parties to the dispute on how to resolve the
dispute by the end of the 60-day period beginning on the date
of submission of the dispute to the Chair. Such direction shall
be limited to matters of interagency coordination, scheduling,
process management, and other analogous issues with regard to
the environmental reviews for the authorization. In carrying
out this section, the Chair may not predetermine the results or
outcome of any environmental review for an authorization.
(d) No Judicial Review Until Final Agency Action.--Any action taken
by the Chair of the Council on Environmental Quality pursuant to
subsection (c) shall not be considered a final agency action under
chapter 7 of title 5, United States Code.
(e) Reporting and Oversight.--Not later than one year after the
date of enactment of this Act, and not less frequently than once every
two years thereafter, the Council on Environmental Quality shall submit
to the Committees on Energy and Natural Resources and Environment and
Public Works of the Senate and to the Committees on Energy and Commerce
and Natural Resources of the House of Representatives a report
describing--
(1) the number and nature of disputes submitted under this
section during the preceding year;
(2) the time required to resolve such disputes;
(3) any such dispute that is not resolved as of the date on
which the report is submitted, including the reason why such
dispute is not resolved; and
(4) recommendations for additional administrative or
legislative measures to further reduce unnecessary delays in
environmental reviews for authorizations.
SEC. 5. JUDICIAL REVIEW OF ACTIONS RELATING TO AUTHORIZATIONS.
(a) Revocation of Authorizations and Failure To Meet Deadlines.--
(1) Judicial review.--Any agency action with respect to an
authorization described in section 2(a), and any action or
inaction by an agency that results in a failure to meet a
deadline, timeline, or milestone under this Act (including any
such deadline, timeline, or milestone outlined in a
coordination plan or performance schedule) or other applicable
laws, may be considered, solely for the purposes of this
section, a final agency action and subject to judicial review
under chapter 7 of title 5, United States Code.
(2) Venue.--A person seeking judicial review of any agency
action or inaction described in paragraph (1) shall obtain such
review in--
(A) the United States Court of Appeals for any
circuit in which the applicable project is, or will be,
located; or
(B) the United States Court of Appeals for the
District of Columbia Circuit.
(3) Presumption of unreasonable delay.--If an agency fails
to meet a deadline, timeline, or milestone under this Act
(including any such deadline, timeline, or milestone outlined
in a coordination plan or performance schedule) or other
applicable laws, such failure shall create a rebuttable
presumption that the agency action was unlawfully withheld or
unreasonably delayed for purposes of section 706(1) of title 5,
United States Code, or any other applicable provision of law.
(4) Deadline for decision.--For any challenge to an agency
action or inaction described paragraph (1), the reviewing court
shall issue a decision for such challenge--
(A) as expeditiously as practicable; and
(B) not later than the date that is 90 days after
the date on which the challenge is filed.
(5) Deadlines for required action.--If a court of competent
jurisdiction finds that an agency action described in paragraph
(1) was unreasonably delayed, or that agency action or inaction
described in paragraph (1) caused an unreasonable delay in a
required action, the court shall--
(A) issue an order that compels the appropriate
agency or agencies to take corrective action;
(B) specify the dates by which each discrete action
of the agency shall be completed; and
(C) set a specific deadline as determined
appropriate by the court for the agency to complete the
corrective action.
(b) Denial of Applications for Authorizations.--
(1) Judicial review.--
(A) In general.--Except as provided in subparagraph
(B), the denial of an application for an authorization
for a project, and a determination by an agency under
section 3(b)(1)(C) that an applicant is not acting in
good faith, may be considered a final agency action
under chapter 7 of title 5, United States Code.
(B) Inapplicability to certain ferc orders.--With
respect to an order issued by the Federal Energy
Regulatory Commission under the Federal Power Act (16
U.S.C. 791a et seq.) or the Natural Gas Act (15 U.S.C.
717 et seq.), the final rehearing order pursuant to
section 313 of the Federal Power Act (16 U.S.C. 825l)
or section 19 of the Natural Gas Act (15 U.S.C. 717r)
shall be considered the final agency action with
respect to such an order for purposes of chapter 7 of
title 5, United States Code.
(2) Venue.--A person seeking judicial review of the denial
of an application for an authorization for a project, or a
determination by an agency under section 3(b)(1)(C) that an
applicant is not acting in good faith, shall obtain such
review--
(A) in the United States Court of Appeals for any
circuit in which the project is, or will be, located;
or
(B) the United States Court of Appeals for the
District of Columbia Circuit.
(3) Deadline for decision.--For any challenge to a denial
of an application for an authorization for a project, or to a
determination by an agency that an applicant is not acting in
good faith under section 3(b)(1)(C), the reviewing court shall
issue a decision on such challenge--
(A) as expeditiously as practicable; and
(B) not later than the date that is 90 days after
the date on which the challenge is filed.
(c) Savings Clause.--Nothing in this section shall be construed to
impact the ability of an applicant and an agency to resolve the denial
of an application for an authorization informally or administratively.
SEC. 6. PROCESS COORDINATION.
(a) Designation of Lead Agency; Authority and Responsibility of
Lead Agency.--If there is only one Federal agency with jurisdiction by
law or special expertise over a complex authorization for a project,
that Federal agency shall be the lead agency for purposes of this
section. If there are two or more Federal agencies with jurisdiction by
law or special expertise over a complex authorization for a project,
such agencies shall, not later than 30 days after the date on which the
application for the complex authorization is determined or deemed
complete, determine (if such agencies have not done so already) which
agency shall be designated as the lead agency based on the
considerations described in subparagraph (A) of section 107(a)(1) of
the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(a)(1)).
The lead agency shall have the authority and responsibility, consistent
with applicable law--
(1) to take such actions as are necessary and proper,
within the statutory authority of the lead agency, and in
coordination with other participating agencies, to facilitate
the expeditious resolution of the environmental review the
complex authorization;
(2) to prepare or ensure, in coordination and consultation
with participating agencies, that such environmental review is
completed and a final agency action document is issued in
accordance with this Act and applicable Federal law;
(3) to ensure coordination and consultation with
participating agencies; and
(4) to consider and respond to comments received from
participating agencies, and coordinate public comment on the
environmental review.
(b) Participating Agencies.--
(1) Identification and invitation.--Not later than 60 days
after the date on which an application for a complex
authorization is determined or deemed complete, unless a
shorter deadline is specified under Federal law, the lead
agency shall--
(A) identify any other Federal or non-Federal
agencies that have jurisdiction by law or special
expertise over the applicable project; and
(B) invite such agencies, in writing, to become
participating agencies in the environmental review for
the project. Each such agency shall respond to the
invitation not later than 30 days after receiving the
invitation, unless a shorter deadline is specified
under Federal law.
(2) Response to invitation by federal agencies.--Any
Federal agency that is invited by the lead agency to become a
participating agency under paragraph (1)(B) shall respond, in
writing, to the lead agency by the deadline under paragraph
(1)(B) to indicate whether the agency agrees to become a
participating agency. If a Federal agency does not provide a
response, in writing, to the lead agency by such deadline, the
applicant may submit to the Council a request under section
4(b).
(3) Response to invitation by non-federal agencies.--
(A) In general.--Any non-Federal agency that is
invited by the lead agency to become a participating
agency under paragraph (1)(B) shall respond, in
writing, to the lead agency by the deadline under
paragraph (1)(B) to indicate whether the agency agrees
to become a participating agency.
(B) Exception for tribal governments.--
Notwithstanding section 8(4), the deadline in
subparagraph (A) shall not apply to the governing body
of any Indian or Alaska Native Tribe, band, nation,
pueblo, village, community, component band, or
component reservation, individually recognized
(including parenthetically) in the list published most
recently pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
(c) Requirements for Environmental Reviews.--When carrying out an
environmental review, each lead agency and participating agency shall--
(1) carry out the obligations of such agency under other
applicable laws concurrently, and in conjunction, with other
required reviews for the project, pursuant to the requirements
of applicable law, including, if applicable, under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(2) formulate and implement administrative, policy, and
procedural mechanisms to enable the respective agency to comply
with this Act, and to ensure completion of the environmental
review in a timely, coordinated, and environmentally
responsible manner.
(d) Single Final Agency Action Document Required.--
(1) In general.--Notwithstanding any other provision of
law, a Federal agency with jurisdiction by law or special
expertise over a complex authorization for a project shall, in
collaboration with each other Federal agency with jurisdiction
by law or special expertise over another complex authorization
for the same project, prepare a single document that contains
the final agency action by each such Federal agency for the
respective complex authorization for the project.
(2) Performance schedule.--A final agency action document
prepared under paragraph (1) may, if the lead agency determines
doing so would facilitate expeditious completion of any
remaining environmental reviews for authorizations for the
project, contain a performance schedule for the completion of
any remaining environmental reviews for authorizations for the
project, which shall not exceed one year from the publication
of the final agency action document.
(3) Severability and independence.--Each final agency
action for a complex authorization contained within a document
prepared under paragraph (1) shall remain legally independent
and severable. A determination by a court of competent
jurisdiction that one final agency action is invalid or
deficient shall not, by itself, invalidate or vacate any other
final agency action included in such document, except to the
extent specifically required by law.
(4) Limitation.--Nothing in this subsection shall be
construed to require that all participating agencies complete
their respective authorizations before any individual agency
may issue its final agency action within its statutory
authority.
(5) Judicial review.--In any judicial review of a final
agency action contained within a final agency action document
prepared under this subsection, relief shall be limited to the
specific authorization challenged, unless a court determines
that other authorizations are legally dependent upon the
challenged action as a matter of law.
(e) Coordination Plan.--
(1) Establishment and publication.--Not later than 90 days
after inviting agencies to become participating agencies under
subsection (b)(1), the lead agency, in consultation with the
participating agencies, shall, if it has not already done so
for the project, convene the participating agencies to
coordinate on establishing and publishing a concise plan for
coordinating public and agency participation in, completion of,
and comment on the environmental review, as applicable. The
coordination plan may be incorporated into a memorandum of
understanding.
(2) Inclusions in plan.--The lead agency shall, after
consultation with each participating agency for the project and
with the applicant, establish as part of the coordination plan
under paragraph (1)--
(A) a list of the authorizations required for the
project, including a determination as to whether each
required authorization is routine or complex; and
(B) a schedule for completion of the environmental
reviews for the authorization for the project, which
shall--
(i) be consistent with any other relevant
time periods established under Federal law, as
well as the process requirements, timelines,
and deadlines under this Act;
(ii) ensure that a final agency action
document is issued in accordance with the
deadlines under subsection (f); and
(iii) include intermediate and final
milestones for action by each participating
agency on any environmental review for an
authorization required for the project. To the
maximum extent practicable, the schedule and
associated milestones shall facilitate the
ability of agencies to carry out environmental
reviews concurrently.
(3) Factors for consideration.--In establishing a schedule
under paragraph (2)(B), the lead agency shall identify and
consider factors such as--
(A) the responsibilities of the lead agency and
participating agencies under applicable laws;
(B) resources available to participating agencies,
including staffing capacity;
(C) overall size and complexity of the project,
including the ability of an agency to, while complying
with the requirements of applicable law--
(i) analyze multiple phases of the
project's development activity, which may,
according to the discretion of the lead agency
in consultation with participating agencies,
include all phases anticipated; and
(ii) for future environmental reviews for
the project, to tier off of previous
environmental reviews;
(D) the overall time required by an agency to
conduct an environmental review and make decisions
under applicable Federal law relating to a project;
(E) the sensitivity of the natural and historic
resources that could be affected by the project; and
(F) the ability of communities and stakeholders to
participate, as applicable, in the environmental
review.
(4) Modification of project schedule.--
(A) Modification of schedule.--Except as provided
in subparagraphs (B) and (C), the lead agency may
lengthen or shorten a schedule established under
paragraph (2)(B) for good cause, with the consent of
the applicant. The agency shall lengthen or shorten a
schedule under this subparagraph by issuing a revised
schedule by not later than 30 days after the applicant
provides consent.
(B) Conflicts.--The lead agency may not lengthen a
schedule if doing so would conflict with timelines or
deadlines under other applicable laws, unless the
applicant consents to such an extension.
(C) Necessary analyses and statutory obligations.--
The lead agency may not shorten a schedule if doing so
would, in the opinion of the lead agency or an
applicable participating agency, impair the ability of
the lead agency or applicable participating agency to
conduct necessary analyses or otherwise carry out
relevant statutory obligations of the agency for the
project.
(D) Waiver of right to judicial review.--An
applicant that consents to an extended or shortened
schedule may not challenge the failure of an agency to
meet any deadlines in the previous schedule that were
changed in the updated schedule.
(5) Role of participating agencies.--The lead agency shall
consult with and maintain communication with applicable
participating agencies throughout the environmental review
regarding--
(A) setting and amending timelines, deadlines, and
milestones for environmental reviews; and
(B) collecting, analyzing, and incorporating
information for environmental reviews, and otherwise
carrying out tasks necessary for the timely completion
of environmental reviews, pursuant to this section.
(6) Savings clause.--Nothing in this subsection shall be
construed to reduce or increase any time period provided for
public comment on an environmental review for an authorization
under Federal law, including any regulation.
(7) Exemption from nepa.--The establishment of a
coordination plan, including a project schedule, required by
this subsection shall not be considered a major Federal action
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(f) Deadlines for Environmental Reviews.--
(1) Transparency.--With respect to any project that
requires an authorization for which an environmental document
is required by the National Environmental Policy Act of 1969--
(A) the Federal agency with jurisdiction by law or
special expertise over such authorization, if it
requires the preparation of an environmental impact
statement, shall make available to the public a draft
version of the environmental impact statement for a
period of at least 30 days before publishing a final
version; and
(B) the Federal agency with jurisdiction by law or
special expertise over such authorization shall publish
the finding of no significant impact, final
environmental assessment, or final environmental impact
statement not later than 30 days after finalizing such
finding of no significant impact, environmental
assessment, or environmental impact statement.
(2) Complex authorizations.--Unless a shorter deadline is
specified under Federal law, the Federal agency with
jurisdiction by law or special expertise over a complex
authorization shall publicly issue a final agency action on the
application for the complex authorization by not later than 90
days after the earliest of the following:
(A) The date on which the Federal agency applies a
categorical exclusion with respect to the complex
authorization.
(B) The date on which the Federal agency publishes
a finding of no significant impact with respect to the
complex authorization.
(C) The date on which the Federal agency publishes
a final environmental impact statement with respect to
the complex authorization.
(D) If the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) does not apply with
respect to the complex authorization, the first date on
which a lead agency or a participating agency completes
an environmental review with respect to another complex
authorization for the same project.
(3) Routine authorizations.--Not later than 30 days after a
Federal agency with jurisdiction by law or special expertise
over a routine authorization receives a complete application
for a routine authorization, unless a shorter deadline is
specified under Federal law, such Federal agency shall issue a
decision on the application for the routine authorization. If
the Federal agency with jurisdiction by law or special
expertise over a routine authorization does not issue a
decision by the deadline described in the preceding sentence,
the application for the routine authorization shall be deemed
approved.
(4) Completion of environmental reviews and issuance of
final agency actions.--A Federal agency shall complete the
environmental review for a complex authorization and issue a
final agency action on the application for the complex
authorization by not later than--
(A) if the agency determines that a categorical
exclusion applies to the complex authorization, or that
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) does not require the preparation
of an environmental assessment or environmental impact
statement for the complex authorization, 6 months after
the date on which the application for the complex
authorization is determined to be or deemed complete;
(B) if the agency determines an environmental
assessment is required by the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
respect to the application for a complex authorization,
one year after the date on which the agency determines
such environmental assessment is required; or
(C) if the agency determines an environmental
impact statement is required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to the application for a complex
authorization, two years after the date on which the
agency determines such environmental impact statement
is required.
(g) Accountability.--In any case in which the lead agency or
participating agencies have not met the deadlines under subsection (f),
adhered to the schedule established as part of the coordination plan
under subsection (e), or adhered to a performance schedule included in
the single final agency action document under subsection (d), the lead
agency and applicable participating agencies, immediately upon missing
the deadline or deviating from the schedule, shall--
(1) provide the public, the applicant, the lead agency,
participating agencies, the Council on Environmental Quality,
and the heads of the lead and participating agencies an initial
notice of the failure of the applicable agency to adhere to the
schedule, issue an authorization, complete an applicable
environmental review, or meet another required milestone;
(2) not later than every 30 days after providing the
initial notice under paragraph (1), provide an additional
notice that describes--
(A) the agency decisions and environmental reviews
that remain outstanding as of the date of the
additional notice; and
(B) an updated schedule, developed by the lead
agency in consultation with each participating agency,
that shall not exceed six months from the date of the
initial notice; and
(3) provide, in writing, the applicant with an opportunity
for administrative review of the failure of the applicable
agency to adhere to the schedule, issue an authorization,
complete an applicable environmental review, or other
additional required milestone, to be--
(A) initiated not later than 30 days after such
failure; and
(B) completed not later than 90 days after such
failure by career agency Senior Executive Service
officials from the lead agency and applicable
participating agencies, unless such review is waived by
the applicant.
SEC. 7. FEDERAL PERMITTING CAPACITY.
(a) Assessment.--Not later than 180 days after the date of
enactment of this section, and every 5 years thereafter, the head of
each agency listed under section 41002(b)(2)(B) of the FAST Act (42
U.S.C. 4370m-1(b)(2)(B)) shall submit to the Director of the Office of
Personnel Management, the Committee on Natural Resources and the
Committee on Energy and Commerce of the House of Representatives, and
the Committee on Environment and Public Works and the Committee on
Energy and Natural Resources of the Senate a report on the personnel
capacity of the respective agency, which shall include--
(1) the capacity of the agency (broken down by State and
region) to engage with communities affected by projects when
processing applications for authorizations for projects,
including environmental reviews; and
(2) a finding by the agency whether there are a sufficient
number of employees of the agency (broken down by field office)
to--
(A) process applications for authorizations for
projects, including environmental reviews, in a timely
manner; and
(B) comply with sections 107(g) and 112(a)(4) of
the National Environmental Policy Act of 1969 (42
U.S.C. 4336a(g) and 4336f(a)(4)).
(b) Implementation Plan.--Upon receipt of a report submitted under
subsection (a), if an agency finds under subsection (a)(2) that there
are an insufficient number of employees of the agency to carry out the
activities described in subparagraphs (A) and (B) of subsection (a)(2),
the Director of the Office of Personnel Management shall (not later
than 90 days after receipt of the report submitted under subsection
(a)) publish, develop, and initiate the execution of a plan to increase
the personnel capacity of the agency to ensure the agency has a
sufficient number of employees to carry out such activities.
(c) Direct Hire Authority.--
(1) In general.--Notwithstanding section 3304 of title 5,
United States Code, and without regard to the provisions of
sections 3309 through 3318 of such title 5, if the head of an
agency described in subsection (a) finds in the report under
subsection (a)(2) that there are an insufficient number of
employees to carry out the activities described in
subparagraphs (A) and (B) of subsection (a)(2), the head of the
agency may, subject to paragraphs (2) and (3), recruit and
appoint highly qualified individuals into the competitive
service.
(2) Limitation.--The recruiting and appointment of highly
qualified individuals under paragraph (1) shall be consistent
with the merit principles of section 2301 of title 5, United
States Code, and the agency shall comply with the public notice
requirements of section 3327 of such title 5.
(3) Termination.--The authority to recruit and appoint
highly qualified individuals under paragraph (1) shall
terminate on the earlier of--
(A) the date that is 5 years after the submission
of the report including the applicable finding; and
(B) the date on which the agency head determines
that there is no longer an insufficient number of
employees to carry out the activities described in
subparagraphs (A) and (B) of subsection (a)(2).
(d) Authorization of Appropriations.--In addition to amounts
otherwise available, there is authorized to be appropriated such sums
as is necessary to carry out the provisions of this subsection.
SEC. 8. DEFINITIONS.
In this Act:
(1) Authorization.--The term ``authorization''--
(A) means any right-of-way, license, permit,
approval, finding, determination, certification,
consent, or other administrative decision required
under Federal law (including regulations) to design,
site, construct, reconstruct, continue, or commence
operations for a project;
(B) includes any decision, record, or other final
agency action that--
(i) supports such right-of-way, license,
permit, approval, finding, determination,
certification, consent, or other administrative
decision; or
(ii) is required to ensure compliance with
applicable environmental laws; and
(C) does not include any right-of-way, license,
permit, approval, finding, determination, or other
administrative decision required under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.), including
any license issued pursuant to the technology-inclusive
regulatory framework established under section 103 of
the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2133 note).
(2) Complex authorization.--The term ``complex
authorization'' includes, but is not limited to, any
authorization for a project that--
(A) requires the preparation of an environmental
assessment, a finding of no significant impact, or an
environmental impact statement, including any
supplement thereto or any similar document prepared
pursuant to court order;
(B) requires formal consultation under section 7 of
the Endangered Species Act of 1973 (16 U.S.C. 1536) or
results in the issuance of a biological opinion;
(C) requires consultation under section 306108 of
title 54, United States Code (commonly referred to as
the ``National Historic Preservation Act'');
(D) grants a new or expanded right-of-way,
easement, lease, or comparable real-property interest;
(E) requires an individual permit under section 404
of the Federal Water Pollution Control Act (33 U.S.C.
1344) or an individual water quality certification
under section 401 of that Act (33 U.S.C. 1341); or
(F) requires a preconstruction permit under section
165 of the Clean Air Act (42 U.S.C. 7475).
(3) Environmental review.--The term ``environmental
review'' means--
(A) the process for applying or preparing an
environmental assessment, environmental impact
statement, categorical exclusion, or other document
required by the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for an authorization for
a project; and
(B) the process and schedule for authorizing a
project under any Federal law other than the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(4) Non-federal agency.--The term ``non-Federal agency''
means a State, Tribal or local government, or any subdivision
thereof (including counties, boroughs, and parishes).
(5) Participating agency.--The term ``participating
agency'' means, with respect to a project, any agency that
agrees to be a participating agency under section 6(b).
(6) Routine authorization.--The term ``routine
authorization''--
(A) means any authorization that is not a complex
authorization; and
(B) includes, but is not limited to,
preconstruction surveys, temporary use permits, access
road authorizations, and other similar authorizations
necessary to complete environmental reviews and
associated authorizations.
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