The "CURRENT Act" significantly amends Section 401 of the Federal Water Pollution Control Act, aiming to reform the water quality certification process for federal licenses and permits. It narrows the scope of review, changing "may result" in a discharge to "may directly result " and limiting certification decisions strictly to compliance with specific provisions of the Act, namely sections 301, 302, 303, 306, and 307. States and the Administrator are now required to publish certification requirements within 30 days of enactment, and all decisions must be based solely on these specified compliance criteria and provided in writing. The bill establishes strict timelines for certification, requiring agencies to identify necessary additional materials within 90 days of a request and imposing an absolute one-year deadline for a final decision, which cannot be extended except at the applicant's request. Denials or conditions on certifications now require " clear and convincing evidence " that no reasonable, less burdensome alternative exists to ensure compliance, considering factors like technical feasibility, cost, and commercial viability. Notably, conditions for hydroelectric projects cannot relate to water flow. Furthermore, the Act introduces expedited judicial review for certification actions concerning energy and transmission projects, mandating federal courts of appeals to issue final decisions within 120 days, with a possible 60-day extension for extraordinary circumstances.
Get AI-generated questions to help you understand this bill better
Timeline
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Environmental Protection
CURRENT Act
USA119th CongressHR-9855| House
| Updated: 7/22/2026
The "CURRENT Act" significantly amends Section 401 of the Federal Water Pollution Control Act, aiming to reform the water quality certification process for federal licenses and permits. It narrows the scope of review, changing "may result" in a discharge to "may directly result " and limiting certification decisions strictly to compliance with specific provisions of the Act, namely sections 301, 302, 303, 306, and 307. States and the Administrator are now required to publish certification requirements within 30 days of enactment, and all decisions must be based solely on these specified compliance criteria and provided in writing. The bill establishes strict timelines for certification, requiring agencies to identify necessary additional materials within 90 days of a request and imposing an absolute one-year deadline for a final decision, which cannot be extended except at the applicant's request. Denials or conditions on certifications now require " clear and convincing evidence " that no reasonable, less burdensome alternative exists to ensure compliance, considering factors like technical feasibility, cost, and commercial viability. Notably, conditions for hydroelectric projects cannot relate to water flow. Furthermore, the Act introduces expedited judicial review for certification actions concerning energy and transmission projects, mandating federal courts of appeals to issue final decisions within 120 days, with a possible 60-day extension for extraordinary circumstances.