Sec. 2. Authorization certainty

402 words·~2 min read·/bill/119/hr/8308/ih/section-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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— the Federal agency is required to take such action by order of a court of competent jurisdiction; 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; the Federal agency has received a request from the holder of the authorization to take such action; or the Federal agency determines, not earlier than 7 days after providing notice to the holder of the authorization in accordance with subsection (c), that— the holder of the authorization has materially breached the terms of the authorization, or has otherwise violated applicable law; or the authorization was obtained through fraud, intentional concealment, or material misrepresentation.

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. 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. An action described in subsection

(a)shall be subject to judicial review under chapter 7 of title 5, United States Code. A person seeking judicial review of an action described in subsection

(a)may only obtain review of such action in— the United States court of appeals for any circuit wherein the project for which the authorization was issued is located; or the United States Court of Appeals for the District of Columbia Circuit. 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. 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.