CERTAIN Act

This bill establishes requirements for how federal agencies can terminate authorizations for projects, sets timelines and processes for reviewing applications, coordinates environmental reviews, and provides for judicial review of related agency actions. It aims to create more certainty and efficiency in the federal permitting process for infrastructure and other projects.

Sec. 2, Authorization certainty: A federal agency generally cannot revoke, suspend, or interfere with an authorization unless required by a court order, to prevent immediate harm to life or property, at the holder's request, or if the holder materially breached the terms or obtained it through fraud. Any such action must be supported by clear and convincing evidence, and the agency must provide written notice to the holder. Judicial review is available in specific federal appeals courts, and agencies cannot petition for vacatur or remand without the holder's written consent.

Sec. 3, Timelines and process for application review: Agencies must publicly document receipt of an application within 14 days (or 30 for pending applications) and notify the applicant. Within 30 days (45 for pending applications), the agency must determine if the application is complete. If incomplete, the agency must request only the specific additional information needed. If the agency does not act within 60 days of a request for information, the application is deemed complete, subject to written attestations from the agency about the applicant's failure to respond or deficient information.

Sec. 4, Preventing unnecessary delays in environmental reviews: The Council on Environmental Quality (CEQ) must issue guidance within 180 days and take actions to facilitate timely environmental reviews. The CEQ Chair will mediate disputes upon request and, if unresolved after 30 days, may provide specific direction on coordination and scheduling, but cannot predetermine the outcome of the review. CEQ must report to Congress every two years on disputes and recommendations.

Sec. 5, Judicial review of actions relating to authorizations: Agency actions that revoke an authorization or fail to meet deadlines under this Act are considered final agency actions for judicial review. A failure to meet a deadline creates a rebuttable presumption of unreasonable delay. Courts must issue a decision within 90 days and, if a delay is found, must order corrective action with specific deadlines. Denial of an application is also subject to judicial review in specific federal appeals courts.

Sec. 6, Process coordination: For complex authorizations, a lead agency must be designated within 30 days of a complete application. The lead agency is responsible for coordinating and completing the environmental review. Within 60 days, the lead agency must identify and invite other federal and non-federal agencies to become participating agencies. Federal agencies must respond within 30 days; non-federal agencies must also respond, with an exception for tribal governments.

Sec. 7, Federal permitting capacity: Every five years, heads of certain agencies must report to OPM and Congress on their personnel capacity to process authorizations and engage with communities. If an agency finds it has insufficient staff, OPM must develop a plan to increase capacity within 90 days. The agency head may also use direct hire authority to recruit highly qualified individuals for up to five years. Necessary sums are authorized to be appropriated.

Sec. 8, Definitions: Defines key terms. 'Authorization' means any right-of-way, license, permit, or other administrative decision required under federal law for a project, but excludes Atomic Energy Act licenses. 'Complex authorization' includes those requiring an environmental impact statement, Endangered Species Act consultation, or certain permits. 'Environmental review' covers the NEPA process and other federal authorization processes. 'Non-federal agency' includes state, tribal, and local governments.