American Energy and Mineral Infrastructure Act of 2026

(a) Compliance with applicable requirements

(1) Certification required

(A) In general. Any applicant for a Federal license or permit to conduct any activity, including the construction or operation of facilities, which may result in a discharge directly into the navigable waters shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate, that any such discharge will comply with the applicable provisions of sections 301, 302, 303, 306, and 307.

(B) Certification of no applicable limitation. In the case of any discharge described in subparagraph (A) for which there is not an applicable effluent limitation or other limitation under sections 301(b) and 302, and there is not an applicable standard under sections 306 and 307, the State, interstate water pollution control agency, or Administrator, as applicable, shall so certify, except that any such certification shall not be deemed to satisfy section 511(c).

(C) Certification by the administrator. In any case in which a State or interstate water pollution control agency has no authority to give a certification under subparagraph (A)—

(i) the certification shall be from the Administrator; and

(ii) subsection (d) shall apply to the request for certification.

(D) Procedures required

(i) In general. The Administrator and each State and interstate water pollution control agency that has authority to give a certification under this subsection shall establish procedures for public notice in the case of all requests for certification under this subsection by the State, interstate water pollution control agency, or Administrator, as applicable, and, to the extent that the State, interstate water pollution control agency, or Administrator determines it appropriate, procedures for public hearings in connection with specific requests.

(ii) Decision criteria. A decision to grant or deny a request for certification under this subsection shall be based solely on whether the discharge complies with the applicable provisions of sections 301, 302, 303, 306, and 307, and the grounds for that decision shall be set forth in writing and provided to the applicant.

(iii) Deadline for requesting additional information. Not later than 90 days after the date on which a State, an interstate water pollution control agency, or the Administrator, as applicable, receives a request for certification under this subsection, the State, interstate water pollution control agency, or Administrator shall identify in writing any specific additional materials or information necessary for the request for certification to be considered complete pursuant to subsection (d).

(iv) Publication requirement. Not later than 30 days after the date of enactment of this clause, the Administrator and each State and interstate water pollution control agency that has authority to give a certification under this subsection shall publish the requirements for a certification under this subsection for an applicant to use to demonstrate to the Administrator, State, or interstate water pollution control agency, as applicable, compliance with the applicable provisions of sections 301, 302, 303, 306, and 307.

(E) Decisionmaking

(i) Definition of receipt. In this subparagraph, the term receipt, with respect to a request for certification under this subsection, means the date on which the State, interstate water pollution control agency, or Administrator, as applicable, initially receives the request for certification, regardless of whether the request for certification is determined to be complete or additional information is requested pursuant to subparagraph (D)(iii).

(ii) Actions on a request. The State, interstate water pollution control agency, or Administrator, as applicable, may—

(I) grant a request for certification under this subsection with or without conditions;

(II) deny the request; or

(III) waive the requirement for certification under this subsection with respect to the application for the Federal license or permit.

(iii) Failure to act

(I) In general. If a State, an interstate water pollution control agency, or the Administrator, as applicable, fails to act on a request for certification in accordance with clause (ii) within a reasonable period of time to be determined by the Federal licensing or permitting agency (which shall not exceed 1 year after receipt of the request), the requirement for certification under this subsection shall be deemed to be waived with respect to the application for the Federal license or permit.

(II) No judicial review. Notwithstanding any other provision of law, a finding of a waiver by the Federal licensing or permitting agency under subclause (I) shall not be subject to judicial review.

(iv) No tolling. The 1-year period described in clause (iii) may not be tolled, paused, or extended for any reason, including through requests for additional information, solicitation of public comment, or environmental reviews.

(F) No action. No license

(b) Compliance with other provisions of law setting applicable water quality requirements. Except as provided in subsection (e), nothing

(c) Authority of Secretary of the Army To permit spoil disposal areas by Federal licensees or permittees. In order

(d) Certification request requirements

(1) Written request required. A request for certification under subsection (a) shall be made in writing to the State, interstate water pollution control agency, or Administrator, as applicable.

(2) Requirements for complete request. A completed request for certification under subsection (a) shall consist of—

(A) an identification of each applicant for the Federal license or permit with respect to which certification is requested;

(B) a statement that information included in the request for certification is truthful, accurate, and complete, to the best knowledge of each applicant;

(C) in the case of a request for certification with respect to an individual permit or license—

(i) an identification of the Federal license or permit that is the subject of the application with respect to which the certification is requested;

(ii) an identification, based on the reasonable belief of the applicant at the time the application is submitted, of any activity the conduct of which is subject to the Federal license or permit identified under clause (i);

(iii) an identification of—

(I) the location, point of origin, and characteristics of any discharge that may directly enter the navigable waters; and

(II) the location of the specific navigable waters that would receive such a discharge;

(iv) a description of the means that may be used to monitor, control, or manage a discharge identified under clause (iii); and

(v) a list of all other Federal, interstate, Tribal, State, or local agency authorizations required for the conduct of an activity identified under clause (ii), including a description of any authorizations described in that list that are already received; and

(D) in the case of a request for certification with respect to the issuance of a general license or a general permit—

(i) an identification of the proposed categories of activities to be covered by the general license or general permit;

(ii) a description of the proposed general license or general permit, which may include a draft of the proposed general license or general permit; and

(iii) an estimate of the number of discharges expected to result from the proposed general license or general permit annually.

(3) Prohibition. No State or interstate water pollution control agency, nor the Administrator, may, for purposes of a request for certification under subsection (a), require the inclusion of information beyond the information described in paragraph (2).

(e) Certification conditions

(1) In general. A certification obtained under subsection (a) shall set forth any effluent limitations and other limitations and monitoring requirements necessary to ensure that any discharge subject to a certification under that subsection will comply with the applicable provisions of sections 301, 302, 303, 306, and 307, and any such limitation or requirement shall be imposed by the Federal licensing or permitting agency as a condition on the applicable Federal license or permit subject to the provisions of this section.

(2) Requirements for conditions. A certifying State or interstate water pollution control agency, or the Administrator, as applicable, may only include a condition on a certification under subsection (a) that requires the applicant to modify an activity of the applicant which may result in a discharge directly into the navigable waters if the State, interstate water pollution control agency, or Administrator determines, based on clear and convincing evidence, that the modification is—

(A) necessary for the activity to avoid violating an applicable provision of section 301, 302, 303, 306, or 307;

(B) least burdensome for the applicant, as compared to other possible modifications, taking into account—

(i) technical feasibility;

(ii) cost;

(iii) the purpose of the applicant in proposing the activity;

(iv) impacts on the schedule for the activity; and

(v) the commercial viability of the proposed condition; and

(C) consistent with the requirements for the Federal license or permit for which the certification is sought.

(3) Limitations on conditions for hydroelectric projects. A certification obtained under subsection (a) for a hydroelectric project may not include conditions relating to the quantity, timing, or rate of water flow over, through, or around that project.

(f) Requirements for denial. A certifying State or interstate water pollution control agency, or the Administrator, as applicable, may only deny a request for certification under subsection (a) if the State, interstate water pollution control agency, or Administrator determines, based on clear and convincing evidence, that there is no modification to or reasonable condition on the activities of the applicant that could make it possible for the activity to avoid violating an applicable provision of section 301, 302, 303, 306, or 307.

(g) Enforcement. Notwithstanding section 505, any condition imposed on a Federal license or permit by a Federal licensing or permitting agency under this section may only be enforced by that Federal licensing or permitting agency.

(h) Judicial review

(1) Scope. This subsection applies to any civil action for the review of a certification under subsection (a).

(2) Jurisdiction

(A) In general. Notwithstanding section 19(d)(1) of the Natural Gas Act (15 U.S.C. 717r(d)(1)) or any other provision of law, a civil action subject to this subsection shall be filed in a court of appeals of the United States for—

(i) the judicial circuit in which the applicant is located or has its principal place of business;

(ii) the judicial circuit for the State in which the project for which the certification under subsection (a) would be issued is or will be located; or

(iii) the District of Columbia Circuit.

(B) Original and exclusive jurisdiction. A court of appeals described in subparagraph (A) shall have original and exclusive jurisdiction over the applicable civil action.

(C) Standing. Notwithstanding any other provision of law, no court shall have jurisdiction to review a civil action subject to this subsection unless the civil action is filed—

(i) not later than 60 days after the date on which final action on the certification under subsection (a) is taken; and

(ii) by—

(I) the applicant; or

(II) a person who has suffered, or likely and imminently will suffer, direct and irreparable economic harm from the certification, subject to the condition that an organization or association shall satisfy the requirement of this clause only if each member of the organization or association satisfies the requirement.

(3) Expedited consideration

(A) In general. In reviewing a civil action subject to this subsection, a court shall—

(i) set any petition for review under that civil action for expedited consideration; and

(ii) subject to subparagraph (B), issue a final decision not later than 120 days after the date on which the civil action is filed.

(B) Extraordinary circumstances. If a court finds that there are extraordinary circumstances that apply to a civil action subject to this subsection, the court may extend the 120-day period described in subparagraph (A)(ii) by an additional 60 days.

(4) Standard of review. In reviewing the denial of a certification under subsection (a), a court shall find the denial unlawful unless the court finds, based on clear and convincing evidence, that—

(A) the certifying State or interstate water pollution control agency or the Administrator, as applicable, has demonstrated that no condition would achieve compliance with the applicable provisions of section 301, 302, 303, 306, or 307; and

(B) the certifying State or interstate water pollution control agency or the Administrator, as applicable, considered specific alternative conditions, including alternatives offered by the applicant, and determined that those alternative conditions would not achieve compliance with applicable provisions of section 301, 302, 303, 306, or 307.

(5) Nonapplicant challenges. If a party other than the applicant brings a civil action subject to this subsection against a certification obtained under subsection (a), the nonapplicant party shall demonstrate, with clear and convincing evidence, that the project or activity for which the certification was granted fails to achieve compliance with applicable provisions of section 301, 302, 303, 306, or 307.

(6) Remedy

(A) No vacatur. Notwithstanding any other provision of law, no court shall have the authority to set aside, vacate, nullify, or otherwise render unenforceable any certification under subsection (a).

(B) Limited remedies. In a review of a certification under subsection (a), a court may only affirm or modify the certification, and may remand the certification to the State, interstate water pollution control agency, or the Administrator, as applicable, for corrective action.

(i) Description of applicable provisions. For purposes of this section, the applicable provisions of sections 301, 302, 303, 306, and 307 are any applicable effluent limitations and other limitations under section 301 or 302, any water quality standard in effect for a State under section 303, any standard of performance under section 306, and any prohibition, effluent standard, or pretreatment standard under section 307.