U.S. Representatives introduce bipartisan CERTAIN Act to uphold county participation and streamline federal permitting

Key Takeaways

On April 15, congressional leaders introduced the bipartisan Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act. Led by Reps. Scott Peters (D-Calif.), Gabe Evans (R-Colo.), Andrew Gabarino (R-N.Y.), Adam Gray (D-Calif.), Juan Ciscomani (R-Ariz.), Chrissy Houlahan (D-Pa.) and Jen Kiggans (R-Va.), the CERTAIN Act would strengthen county consultation and set actionable deadlines for federal environmental permitting processes.

After engagement from NACo, the bill would establish counties, parishes and boroughs as participating agencies across federal permitting process, leading to more effective project delivery and better outcomes for shared constituents. Counties strongly support the CERTAIN Act and urge Congress to swiftly act on this important legislation. 

What would the bill do?

The CERTAIN Act would expedite permitting process for several different federal statutes and types of complex permits, including: 

• Environmental assessments and environmental impact statements (EA/EIS) required by the National Environmental Policy Act (NEPA)
• Section 7 consultations under the Endangered Species Act (ESA)
• Consultations under the National Historic Preservation Act
• Federal issuance of a Clean Water Act permit or water quality certification
• Federal issuance of a preconstruction permit under the Clean Air Act
• Expansions of rights of way, leases, easements or similar federal property interests

Together, these categories cover the most common permits reviewed and issued directly by the federal government, including those routinely needed for federally led or funded projects such as land and forest management plans, transportation construction, housing development and critical infrastructure maintenance.

The legislation would make commonsense reforms to these statutes, expediting project timelines and ensuring that local impacts are duly considered during the permitting process. The bill:

• Requires federal agencies to identify participating agencies that have special expertise or jurisdiction by law – including counties – and invite them to contribute to the permitting review process within 60 days of a review being initiated
• Ensures permitting certainty by prohibiting the federal government from rescinding authorization for a project unless there are extenuating or emergency circumstances
• Sets actionable timelines for federal agencies to certify, act upon permitting applications and complete permitting reviews
• Allows project proponents to seek judicial relief if federal agencies miss deadlines or otherwise fail to complete permitting reviews
• Requires federal agencies to submit a report to Congress on staffing levels and their impact on agency capacity to conduct timely permitting reviews

These commonsense reforms would expedite project delivery while upholding county involvement in federal permitting processes.

Read bill summary

County impact

The measure would codify the county role in federal reviews across all covered categories of permits. As participating agencies, counties would be guaranteed a seat at the table and the opportunity to provide input during the permitting process. The CERTAIN Act clarifies that federal agencies would be required to work with counties to set timelines and deadlines for the review process and to consult with counties as they collect, analyze and incorporate information and data for permitting decisions.

These reforms would elevate the county role and recognize the valuable perspective that counties can provide as local leaders, leading to permitting outcomes that better reflect the needs of and impacts on communities. The bill’s commonsense permitting reforms would also expedite project delivery and ensure that counties can complete critical maintenance and construction projects.

More information on the county role in federal permitting reform:

Permitting Resource

What’s next?

The CERTAIN Act awaits consideration in the U.S. House as permitting negotiations remain ongoing in Congress. Other legislation reforming federal permitting process, such as the NACo-endorsed SPEED Act, have been considered by the 119th Congress. Counties urge swift consideration of the CERTAIN Act, and NACo will continue to advocate for provisions that recognize counties as participating agencies in any comprehensive permitting reform package.