Maintaining Federal authorizations or permits for projects with non-Federal sponsors

(a) Definition of Federal authorization or permit The term Federal authorization or permit means an authorization, permit, record of decision, right-of-way, finding of no significant impact, verification, extension, construction and operations plan, biological opinion, incidental take statement, concurrence, or any other approval or order that is necessary, including any determination by a Federal department or agency that additional authorizations or permits are not necessary, for the construction or operation at full capacity of a project. (b) Maintenance of authorizations and permits (1) In general For projects or actions with non-Federal sponsors or holders of a Federal authorization or permit, a Federal department or agency shall not take any new action that would revoke, rescind, withdraw, terminate, suspend, amend, or alter a Federal authorization or permit in effect on or after September 16, 2026, or take any other action to interfere with or prevent the construction or operation at full capacity of a project that has secured all necessary Federal authorizations and permits, unless— (A) the Federal agency is required to take such action by order of a court of competent jurisdiction; (B) the holder of the Federal authorization or permit has materially breached the terms of the Federal authorization or permit or otherwise violated applicable law; (C) the Federal authorization or permit was obtained through fraud, intentional concealment, or material misrepresentation; (D) such action is necessary to prevent specific, urgent, substantial, and proximate harm or damage to life, property, national security, or defense that is based on new information that was not considered in the underlying environmental review process or final agency action for the Federal authorization or permit; or (E) the Federal agency has received a request from the holder of the Federal authorization or permit or the non-Federal project sponsor to take such action. (2) Requirement If a Federal agency takes an action under paragraph (1) in response to a matter described in subparagraph (D) of that paragraph, the action shall be reasonably limited only to so much as is necessary to remedy the specific issue the action is intended to address. (3) Notice Before a Federal agency takes an action under paragraph (1), the Federal agency shall notify the non-Federal project sponsor or holder of the Federal authorization or permit, in writing, of such action, including by— (A) providing a detailed explanation of the action; (B) identifying the statutory authority relied on for the action; and (C) providing the evidence supporting the action. (4) Judicial review (A) Venue Unless another provision of law provides for direct review in a court of appeals of the United States, a non-Federal project sponsor or holder of a Federal authorization or permit seeking judicial review of an action taken by a Federal agency under paragraph (1) may obtain review of such action in a United States district court in which the project is at least partially located. (B) Standard of review In reviewing an action taken by a Federal agency under paragraph (1) under subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as the Administrative Procedure Act) or any other provision of law, the reviewing court shall, notwithstanding subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as the Administrative Procedure Act) or any other provision of law, place the burden of proof on the Federal agency to demonstrate by clear and convincing evidence that 1 or more of the matters described in subparagraphs (A) through (E) of that paragraph applies. (C) Review of classified information If any portion of the information that is a basis for the agency action being reviewed under this paragraph is classified or otherwise protected from public disclosure under Federal law, the head of the Federal department or agency shall submit that portion of the information to the applicable court under seal or in camera, and the applicable court shall review and refer to that portion of the information in accordance with applicable procedures governing classified or protected information. (D) Relief If, at the conclusion of its review of an action taken by a Federal agency under paragraph (1), the court concludes that the Federal agency has not met its burden under subparagraph (B), the non-Federal project sponsor or holder of the Federal authorization or permit shall be entitled to— (i) the reinstatement of the Federal authorization or permit and the termination of any action by the Federal agency preventing the construction or operation of the project; (ii) injunctive relief preventing a Federal agency from taking any new action that would revoke, rescind, withdraw, terminate, suspend, amend, or alter a previously granted Federal authorization or permit or take any other action to interfere with or prevent the construction or operation at full capacity of a project without first obtaining a court order to that effect from the same judge (assuming that judge continues to sit in the same district) that heard the original matter; (iii) reasonable attorney fees and costs of litigation, as the court determines appropriate; (iv) any costs associated with the applicable delay in the construction or operation of the project, as the court determines appropriate; and (v) costs in an amount equal to not less than 25 percent and not more than 50 percent of the total of all costs incurred by the non-Federal project sponsor or holder of the Federal authorization or permit in connection with the project as of the date of the action and not otherwise recovered under clause (iii) or (iv), including costs of development, permitting, land acquisition, financing, engineering, procurement, and construction of the project, which amount shall be determined by the court by taking into consideration— (I) the degree to which the Federal interference in the project occurred due to bad faith; (II) the degree to which there exists a pattern of similar Federal interference in other projects; and (III) the actual degree of economic harm to the project sponsor or operator. (E) Special rule If, within 1 year prior to the date of enactment of this Act, a Federal Agency has issued a stop-work order that would interfere with or prevent the construction or operation at full capacity of a project and said order has been enjoined by a court of competent jurisdiction, then, if a Federal agency takes any new action that would revoke, rescind, withdraw, terminate, suspend, amend, or alter a previously granted Federal authorization or permit or take any other action to interfere with or prevent the construction or operation at full capacity of said project, the same judge (assuming that judge continues to sit in the same district) that heard the original matter shall have jurisdiction to hear a complaint or motion under this section. (F) Source of funds Amounts awarded under subparagraph (D)— (i) shall be paid from the fund described in section 1304 of title 31, United States Code; and (ii) shall not be subject to the availability of appropriations. (G) Limitation on jurisdiction Notwithstanding sections 1346 and 1491 of title 28, United States Code, the United States Court of Federal Claims shall not have jurisdiction over any claim for, or in respect to, this section— (i) during the consideration of a petition for relief under this section; and (ii) in perpetuity if relief is granted under subparagraph (D).