CERTAIN Act

Summary#

This bill, the CERTAIN Act, sets rules and deadlines for federal authorizations and environmental reviews for projects. It limits when an agency can revoke or change an authorization, requires written notice and clear evidence before agencies take such actions, and allows affected parties to seek judicial review in certain courts. The bill creates deadlines for agency review steps, rules for when an application is "deemed complete," and specific timelines for routine and complex authorizations and for completing environmental assessments or impact statements. It requires a lead agency for complex projects, a coordination plan and schedule with participating agencies, a single final agency action document when multiple authorizations apply, and mediation and dispute resolution through the Council on Environmental Quality (CEQ). The bill also requires agencies to report on staffing capacity, allows direct-hire authority where staffing is insufficient, and authorizes appropriations as needed for personnel capacity work.

What it means for you#

• If you apply for a federal authorization (permit, license, right-of-way, etc.), the agency must publicly acknowledge receipt and decide whether your application is complete within set time frames, or the application can be "deemed complete."
• Agencies must notify you in writing before revoking or changing an authorization and must support such actions with "clear and convincing evidence."
• Complex projects will have a designated lead agency that coordinates other agencies, publishes a coordination plan and schedule, and works to finish environmental reviews on set deadlines (6 months to 2 years depending on the review required).
• Routine authorizations have a 30-day decision deadline and may be deemed approved if the agency misses the deadline.
• If an agency misses deadlines or unreasonably delays action, courts may review the delay and can order agencies to complete actions on a court-set schedule. Judicial review is available in the federal appeals court where the project is located or the D.C. Circuit.
• CEQ must issue guidance and may mediate disputes. Agencies must report on and, if needed, expand staff capacity. Direct-hire authority is available for agencies that report insufficient staff.

Expenses#

No publicly available information on overall cost estimates or budgetary effects. The bill includes one explicit funding provision: it authorizes appropriations "such sums as is necessary" to carry out personnel-capacity actions in the Federal Permitting Capacity section. Other potential agency implementation costs are not quantified in the bill text provided.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.