H.R. 8308

[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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