S. 4944
American Energy and Mineral Infrastructure Act of 2026
Sponsor: Alan Armstrong
Official summary
No official summary yet.
Text of the bill
(a) Reducing permitting uncertainty
(1) In general. Section 404(c) of the Federal Water Pollution Control Act (33 U.S.C. 1344(c)) is amended—
(A) in the third sentence—
(i) by striking his findings and his reasons and inserting the findings and reasons of the Administrator; and
(ii) by striking The Administrator and inserting the following:
(4) Written determination. The Administrator
(B) in the second sentence, by striking Before making such determination, and inserting the following:
(3) Consultation. Before making a determination under paragraph (1),
(C) by striking (c) The Administrator and inserting the following:
(c) Specification or use of defined area
(1) In general. The Administrator
(D) in paragraph (1) (as so designated)—
(i) by striking he is authorized; and
(ii) by striking he determines, after notice and opportunity for public hearings, and inserting the Administrator determines, during the period described in paragraph (2) and after notice and opportunity for public hearings,; and
(E) by inserting after paragraph (1) (as so designated) the following:
(2) Period of prohibition. The period during which the Administrator may prohibit the specification (including the withdrawal of specification) of a defined area as a disposal site, or deny or restrict the use of a defined area for specification (including the withdrawal of specification) as a disposal site, under paragraph (1) is the period that—
(A) begins on the date on which an applicant submits all the information required to complete an application for a permit under this section; and
(B) ends on the date on which the Secretary issues the permit.
(2) Applicability. The amendments made by paragraph (1) shall apply to a permit application submitted under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) after the date of enactment of this Act.
(b) Nationwide permitting improvement
(1) In general. Section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 1344(e)) is amended—
(A) by striking (e)(1) In carrying out his functions and inserting the following:
(e) General permits
(1) Permits authorized. In carrying out the functions of the Secretary
(B) in paragraph (2)—
(i) by striking (2) No general and inserting the following:
(2) Term. No general
; and
(ii) by striking five years and inserting 10 years; and
(C) by adding at the end the following:
(3) Considerations. In determining the environmental effects of an activity under paragraph (1) or (2), the Secretary—
(A) shall consider only the effects of any discharge of dredged or fill material resulting from the activity;
(B) shall consider any effects of a discharge of dredged or fill material into less than 3 acres of navigable waters to be a minimal adverse environmental effect; and
(C) may consider any effects of a discharge of dredged or fill material into 3 acres or more of navigable waters to be a minimal adverse environmental effect.
(4) Nationwide permits for linear projects
(A) Definitions. In this paragraph:
(i) Linear infrastructure project. The term linear infrastructure project means a project to carry out any activity required for—
(I) the construction, expansion, maintenance, modification, or removal of infrastructure and associated facilities for the transmission from a point of origin to a terminal point of communications or electricity; or
(II) the transportation from a point of origin to a terminal point of people, water, or wastewater.
(ii) Linear pipeline project. The term linear pipeline project means a project to carry out any activity required for the construction, expansion, maintenance, modification, or removal of infrastructure and associated facilities for the transportation from a point of origin to a terminal point of carbon dioxide, fuel, or hydrocarbons, in the form of a liquid, liquescent, gaseous, or slurry substance or supercritical fluid, including oil and gas pipeline facilities.
(iii) Single and complete project. The term single and complete project has the meaning given the term in section 330.2 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this paragraph).
(B) Rule. Notwithstanding any other provision of this section, the Secretary shall issue and maintain general permits on a nationwide basis under this subsection for—
(i) linear infrastructure projects that result in a discharge of dredged or fill material into less than 3 acres of navigable waters for each single and complete project; and
(ii) linear pipeline projects that do not result in the loss of navigable waters in an area that is greater than 0.5 acres for each single and complete project.
(C) Pipeline threshold floor. Nothing in subparagraph (B)(ii) limits the authority of the Secretary to authorize pipeline-related discharges of dredged or fill material into areas of navigable waters that are greater than 0.5 acres but below the 3-acre threshold described in subparagraph (B)(i).
(5) Reissuance of nationwide permits. In determining whether to reissue a general permit issued under this subsection on a nationwide basis—
(A) no consultation with an applicable State pursuant to section 6(a) of the Endangered Species Act of 1973 (16 U.S.C. 1535(a)) is required;
(B) no consultation with a Federal agency pursuant to section 7(a)(2) of that Act (16 U.S.C. 1536(a)(2)) is required; and
(C) the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall be satisfied by preparing an environmental assessment (as defined in section 111 of that Act (42 U.S.C. 4336e)) with respect to the general permit.
(2) Regulatory revisions required. The Secretary of the Army, acting through the Chief of Engineers, shall expeditiously revise the regulations applicable to carrying out section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 1344(e)) in order to streamline the processes for issuing general permits under that section to promote efficient and consistent implementation of that section.
(3) Administration of nationwide permit program. In carrying out section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 1344(e)), including in revising regulations pursuant to paragraph (2), the Secretary of the Army, acting through the Chief of Engineers, may not finalize or implement any modification to—
(A) general condition 15 (relating to single and complete projects), as included in the final rule of the Corps of Engineers entitled Reissuance and Modification of Nationwide Permits (86 Fed. Reg. 2744 (January 13, 2021));
(B) the definition of the term single and complete linear project, as included in the final rule described in subparagraph (A); or
(C) the definition of the term single and complete project under section 330.2 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(c) Judicial review. Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended—
(1) in subsection (t), by striking (t) Nothing in the section and inserting the following:
(u) Savings provision. Nothing in this section
; and
(2) by inserting after subsection (s) the following:
(t) Judicial review
(1) Statute of limitations. Notwithstanding any applicable provision of law—
(A) an action seeking judicial review of the approval by the Administrator of a State permit program pursuant to this section shall be filed not later than 60 days after the date on which the approval was issued;
(B) an action seeking judicial review of an individual permit or general permit issued under this section shall be filed not later than 60 days after the date on which the permit was issued; and
(C) an action seeking judicial review of a verification that an activity involving the discharge of dredged or fill material is authorized by a general permit issued under this section shall be filed not later than 60 days after the date on which the verification was issued.
(2) Limitation on commencement of certain actions. Notwithstanding any other provision of law, no action described in subparagraph (A) or (B) of paragraph (1) may be commenced unless the action—
(A) is filed by a party that submitted a comment—
(i) during the public comment period for the administrative proceedings related to the action; and
(ii) which was sufficiently detailed to put the Administrator, the Secretary, or the State, as applicable, on notice of the issue on which the party seeks judicial review; and
(B) is related to that comment.
(3) Jurisdiction
(A) In general. Unless otherwise provided by 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, as applicable—
(I) the applicant for the applicable permit is located or has its principal place of business; or
(II) the person seeking the applicable verification is located or has its principal place of business;
(ii) the judicial circuit for the State, as applicable—
(I) for which the approval for a State permit program pursuant to this section was sought; or
(II) in which—
(aa) the activity for which the permit was sought would be carried out; or
(bb) the activity for which the verification was sought would be carried out; 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 the challenged action was finalized; 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 approval, permit, or verification, 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.
(4) Standard of review. In reviewing the denial of a permit under this section, a court shall find the denial unlawful unless the court finds, based on clear and convincing evidence, that—
(A) the Secretary has demonstrated that no condition on the permit would achieve compliance with the applicable provisions of section 301, 302, 303, 306, or 307; and
(B) the Secretary considered specific alternative conditions, including alternatives offered by the applicant, and determined that those alternative conditions would not achieve compliance with this section.
(5) Nonapplicant challenges. If a party other than the applicant brings a civil action subject to this subsection seeking review of a permit under this section, the nonapplicant party shall demonstrate, with clear and convincing evidence, that, as applicable, the approval of the State permit program, the project for which the permit was granted, or the project for which verification was provided fails to achieve compliance with this section.
(6) Remedies
(A) Actions relating to permit programs. If a court determines that the Administrator, in issuing the approval of a State permit program under this section, did not comply with this section—
(i) the court shall remand the matter to the Administrator for further proceedings consistent with the determination of the court; and
(ii) the court may not vacate, revoke, enjoin, or otherwise limit the authority of the State to issue permits under that State permit program.
(B) Actions relating to permits. If a court determines that the Secretary or a State, as applicable, did not comply with the requirements of this section in issuing an individual or general permit under this section, or in verifying that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section, as applicable—
(i) the court shall remand the matter to the Secretary or the State, as applicable, for further proceedings consistent with the determination of the court;
(ii) with respect to a determination regarding the issuance of an individual or general permit under this section—
(I) the court may not vacate, revoke, enjoin, or otherwise limit the permit unless the court finds that activities authorized under the permit would present an imminent and substantial danger to human health or the environment for which there is no other equitable remedy available under the law; and
(II) any injunction or other limitation ordered pursuant to subclause (I)—
(aa) shall be narrowly tailored to the specific crossing, discharge, segment, or activity found to present an imminent and substantial danger; and
(bb) may not extend to unrelated crossings, spreads, or project segments that are independently authorized and not the source of the alleged harm; and
(iii) with respect to a determination regarding a verification that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section, the court may not enjoin or otherwise limit the discharge unless the court finds that activities authorized under the permit would present an imminent and substantial danger to human health or the environment for which there is no other equitable remedy available under the law.
(7) Timeline to act on court order. If a court remands a matter under paragraph (6), the court shall set and enforce a reasonable schedule and deadline, which may not exceed 180 days from the date on which the court remands the matter except as otherwise required by law, for the Administrator, the Secretary, or a State, as applicable, to take such actions as the court may order.