S. 4944
American Energy and Mineral Infrastructure Act of 2026
Sponsor: Alan Armstrong
Official summary
No official summary yet.
Text of the bill
(a) Purposes. Section 2 of the National Environmental Policy Act of 1969 (42 U.S.C. 4321) is amended—
(1) by striking the section designation and heading and all that follows through are: To and inserting the following:
2. Purposes
(a) Purposes. The purposes of this Act are to
; and
(2) by adding at the end the following:
(b) Intent. This Act—
(1) is a procedural statute intended to ensure Federal agencies consider the environmental impacts of their actions during the decisionmaking process;
(2) does not mandate particular results; and
(3) only prescribes a purely procedural process.
(c) Effect. Nothing in this Act—
(1) mandates any specific environmental outcome or result; or
(2) confers substantive rights or imposes substantive duties beyond procedural requirements.
(b) Procedure for determination of level of review. Section 106 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336) is amended—
(1) in the section heading, by inserting ; scope of review after level of review;
(2) in subsection (a)—
(A) in paragraph (2), by striking 109 of this Act, and inserting 109, a categorical exclusion established by Congress,;
(B) in paragraph (3), by striking or;
(C) in paragraph (4), by striking the period at the end and inserting a semicolon; and
(D) by adding at the end the following:
(5) the proposed agency action is an action for which such agency’s compliance with another statute’s requirements serve a similar function as the requirements of this Act with respect to such action; or
(6) the proposed agency action—
(A) relates to a project or action that has already been reviewed pursuant to a State or Tribal environmental review statute, ordinance, resolution, regulation, or formally adopted policy; and
(B) the lead agency determines such review meets the requirements of this Act.
(3) in subsection (b)—
(A) in paragraph (2), in the first sentence—
(i) by striking does not and inserting is not likely to; and
(ii) by striking 109 of this Act, and inserting 109, a categorical exclusion established by Congress,; and
(B) in paragraph (3), by striking subparagraph (B) and inserting the following:
(B) is not required to undertake new scientific or technical research—
(i) unless the new scientific or technical research is essential to a reasoned choice among alternatives, and the overall costs and time frame of obtaining it are not unreasonable; or
(ii) after the receipt of an application, as applicable, with respect to such proposed agency action.
; and
(4) by adding at the end the following:
(c) Scope of review. In preparing an environmental document for a proposed agency action, a Federal agency—
(1) may only consider effects that share a reasonably close causal relationship to, and are proximately caused by, the immediate project or action under consideration; and
(2) may not consider effects that are speculative, attenuated from the project or action, separate in time or place from the project or action, or in relation to separate existing or potential future projects or actions.
(d) Presumption of negative impacts of taking no action relating to tribal trust resources. For any proposed agency action carried out on, or directly affecting, Tribal trust resources (including land and minerals) that is initiated by the federally recognized Indian Tribe for which the United States holds the affected resources in trust, and for which an environmental document was prepared that included consideration of a no action alternative, there shall be a presumption that the effects of taking no action will be negative for the federally recognized Indian Tribe.
(e) Effect of threshold determinations on other agencies. If a lead agency determines that an environmental document is not required to be prepared with respect to a proposed agency action under subsection (a), no other Federal agency may prepare an environmental document with respect to the proposed agency action.
(c) Timely and unified Federal reviews
(1) Lead Agency. Section 107(a) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(a)) is amended—
(A) in paragraph (2)—
(i) in subparagraph (B), by striking at the earliest practicable time and inserting in accordance with subsection (g)(2);
(ii) in subparagraph (D), by striking carry out the proposed agency action and inserting carry out the proposed agency action in accordance with the deadlines described in subsection (g); and
(iii) in subparagraph (E)—
(I) by striking a review and inserting an environmental review; and
(II) by striking such review and inserting such environmental review; and
(B) in paragraph (3)—
(i) in the first sentence, by inserting (including counties, boroughs, parishes, and other political subdivisions of a State) after local agency; and
(ii) by adding at the end the following: Such comments from Federal cooperating agencies shall be limited to matters relating to the proposed agency action with respect to which the Federal cooperating agency has jurisdiction by law..
(2) One document. Section 107(b) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(b)) is amended—
(A) by striking To the extent practicable, and inserting the following:
(1) Document. To the extent practicable,
; and
(B) by adding at the end the following:
(2) Consideration timing
(A) In general. In preparing an environmental document for a proposed agency action, no Federal agency shall be required to consider any scientific or technical research that becomes publicly available after the earlier of, as applicable—
(i) the date of receipt of an application with respect to such proposed agency action; and
(ii) the date of publication of a notice of intent or decision to prepare such environmental document for such proposed agency action.
(B) Applicability to other law. Nothing in this paragraph affects any review of information required under subchapter II of chapter 5 of title 5, United States Code, with respect to comments received during the public comment period as applicable.
(C) Delay. A Federal agency may not delay the issuance of an environmental document or a final agency action, including any decision or determination, on the basis of awaiting new scientific or technical research or information that was not available as of the earlier of the dates described in subparagraph (A).
(3) Statement of Purpose and Need. Section 107(d) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(d)) is amended by striking the period at the end and inserting , which shall, where applicable, meet the goals of the applicant..
(4) Deadlines. Section 107(g) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(g)) is amended—
(A) by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (5), and (6), respectively;
(B) by inserting before paragraph (3) (as so redesignated) the following:
(1) Applications for authorizations
(A) Notification of complete or incomplete application. Unless a shorter deadline is specified by law, in connection with a proposed agency action for which an applicant submitted an application for an authorization to an agency, not later than 60 days after the date on which the applicant submits the application to the agency, the agency shall document receipt of the application and—
(i) notify the applicant that the application is complete; or
(ii) notify the applicant that the application is incomplete and request, in writing, any additional information that the agency needs—
(I) to determine that the application is complete; and
(II) to begin preparation of an environmental document.
(B) Agency determination
(i) Complete determination. If an agency determines that an application is complete under subparagraph (A)(i), the agency shall, not later than 60 days after the date on which the agency makes such determination—
(I) notify the applicant that the agency has determined that—
(aa) the proposed agency action is excluded pursuant to 1 of the agency’s categorical exclusions;
(bb) the proposed agency action is not a major Federal action; or
(cc) no further agency action is required;
(II) issue a notice of intent to prepare an environmental impact statement for the proposed agency action; or
(III) notify the applicant that the agency has determined that preparation of an environmental assessment is necessary.
(ii) Incomplete determination. If an agency requests additional information under subparagraph (A)(ii), the deadline described in clause (i) shall be based on the date on which the agency receives the additional information instead of the date on which the determination is made.
(2) Cooperating agencies
(A) In general. Not later than 21 days after the date on which a lead agency issues a notice of intent under paragraph (1)(B)(i)(II) or notifies an applicant under paragraph (1)(B)(i)(III) with respect to a proposed agency action, the lead agency shall—
(i) identify all agencies that are likely to have environmental review, authorization, or other responsibilities with respect to the proposed agency action; and
(ii) invite each agency to become a cooperating agency.
(B) Deadline to accept invitation. Not later than 21 days after the date on which an agency receives an invitation to become a cooperating agency under subparagraph (A)(ii), the agency shall accept or deny the invitation.
(C) Convening of cooperating agencies. Not later than 7 days after the deadline described in subparagraph (B) has passed for each agency that received an invitation to become a cooperating agency under subparagraph (A)(ii), the lead agency that sent each invitation shall convene each agency that accepts such an invitation to coordinate on developing the schedule under subsection (a)(2)(D) for the applicable proposed agency action.
(D) Unidentified agencies. If an agency that has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposed agency action is not identified under subparagraph (A)(i), the lead agency with respect to the proposed agency action shall—
(i) invite such unidentified agency to become a cooperating agency by not later than 7 days after the date on which the lead agency becomes aware that the agency has jurisdiction by law or special expertise; and
(ii) if such agency accepts the invitation, incorporate such agency into the schedule developed under subsection (a)(2)(D) and update such schedule accordingly by not later than 14 days after the date on which the agency accepts the invitation.
(C) in paragraph (3) (as so redesignated)—
(i) in the paragraph heading, by striking In general and inserting Review timeline; and
(ii) in the matter preceding subparagraph (A), by striking paragraph (2) and inserting paragraph (5);
(D) by inserting after paragraph (3) (as so redesignated) the following:
(4) Deadline for final agency action
(A) In general. For any proposed agency action for which an applicant submitted an application for an authorization to an agency, not later than 30 days after completing an environmental impact statement or an environmental assessment for the proposed agency action, the lead agency, and any cooperating agency, shall issue a final agency action.
(B) Performance schedule. The agency issuing the final agency action under subparagraph (A) shall include, in the final agency action, a performance schedule for the completion of any other outstanding authorizations.
(E) in paragraph (5) (as so redesignated)—
(i) by striking the deadline described in paragraph (1) and inserting a deadline described in this subsection; and
(ii) by striking , in consultation with the applicant, to and inserting if the applicant approves such extension. If the applicant approves such extension, the lead agency shall;
(F) in paragraph (6) (as so redesignated)—
(i) in subparagraph (A), by striking A project sponsor may and inserting Except as provided in subparagraph (C), a project sponsor may; and
(ii) by adding at the end the following:
(C) Exception. A project sponsor that approved an extension of a deadline under paragraph (5) may not obtain judicial review of a failure to act in accordance with such deadline under subparagraph (A) unless the lead agency fails to meet the new deadline or is delaying for reasons other than those necessary to complete its review.
; and
(G) by adding at the end the following:
(7) Concurrent review. In carrying out an environmental review, the lead agency and each cooperating agency shall carry out the obligations of that agency under other applicable laws concurrently, and in conjunction, with other required reviews for the proposed agency action, pursuant to the requirements of applicable law, including, if applicable, this Act.
(d) Programmatic environmental documents. Section 108 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336b) is amended—
(1) in the matter preceding paragraph (1), by striking When an agency prepares and inserting the following:
(a) Programmatic environmental documents. When an agency prepares
(2) in subsection (a) (as so designated)—
(A) in paragraph (1), by striking 5 and inserting 10; and
(B) in paragraph (2), by striking 5 and inserting 10; and
(3) by adding at the end the following:
(b) Reliance on previously completed environmental reviews
(1) Actions that are substantially the same. A lead agency may satisfy the requirements of this Act with respect to a major Federal action by relying on an environmental assessment, environmental impact statement, or a categorical exclusion determination that the lead agency, another Federal agency, or a project sponsor under the supervision of a Federal agency completed for another major Federal action if the lead agency determines that—
(A) the new major Federal action is substantially the same as the other major Federal action or, if applicable, an alternative analyzed in such environmental assessment or environmental impact statement; and
(B) if applicable, the effects of the new major Federal action are substantially the same as the effects analyzed in such environmental assessment or environmental impact statement.
(2) Actions that are not substantially the same
(A) In general. If a new major Federal action is not substantially the same as another major Federal action or an alternative analyzed in an environmental assessment or environmental impact statement completed by the lead agency, another Federal agency, or a project sponsor under the supervision of a Federal agency, the lead agency may modify or augment any such previously completed environmental assessment or environmental impact statement as necessary to satisfy the requirements of this Act with respect to the new major Federal action.
(B) Public availability. The lead agency shall make any environmental assessment or environmental impact statement modified under subparagraph (A) publicly available as a new environmental assessment or environmental impact statement.
(e) Adoption of categorical exclusions. Section 109 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336c) is amended—
(1) in the matter preceding paragraph (1), in the first sentence, by inserting , or that was legislatively enacted by Congress, after procedures;
(2) in paragraph (1), by inserting , or that was established by Congress, after procedures; and
(3) in paragraph (2), by inserting if applicable, before consult.
(f) Definitions. Section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e) is amended—
(1) in paragraph (1), by inserting , or Congress deems by statute, after Federal agency has determined;
(2) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (11), (12), and (13) as paragraphs (2), (3), (4), (5), (6), (7), (8), (11), (12), (13), and (15), respectively, and moving all paragraphs of the section so as to appear in numerical order;
(3) by inserting before paragraph (2) (as so redesignated) the following:
(1) Authorization. The term authorization means any lease, right-of-way, easement, license, permit, approval, finding, determination, or other administrative decision issued by an agency, or any interagency consultation, that is required or authorized under Federal law in order to construct, modify, or operate a project.
(4) in paragraph (10)—
(A) in subparagraph (B)—
(i) in clause (iii)—
(I) by inserting grants (including capitalization grants), cost share awards, after loan guarantees,;
(II) by striking sufficient and inserting complete; and
(III) by striking subsequent use of such financial assistance or the;
(ii) in clause (iv), by striking section 7(a) or (b) and of the Small Business Act ( U.S.C. 636(a)), or and inserting subsection (a) or (b) of section 7 of the Small Business Act (15 U.S.C. 636) or;
(iii) by redesignating clauses (iv) through (vii) as clauses (vi) through (ix), respectively;
(iv) by inserting after clause (iii) the following:
(iv) farm ownership and operating loan guarantees by the Farm Service Agency pursuant to section 305 and subtitle B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1925, 1941 et seq.);
(v) the issuance of a permit or other authorization by a Federal agency where the proposal under consideration is otherwise being evaluated or was previously evaluated by the lead agency in compliance with this Act;
; and
(v) in clause (viii) (as so redesignated), by striking entirely; and
(B) by adding at the end the following:
(C) Additional exclusions. An agency action may not be determined to be a major Federal action solely on the basis of the provision of Federal funds, including a grant, loan, loan guarantee, and funding assistance.
; and
(5) by inserting after paragraph (13) (as so redesignated) the following:
(14) Reasonably foreseeable
(A) In general. The term reasonably foreseeable, with respect to environmental effects of a proposed agency action, means effects that share a reasonably close causal relationship to, and are proximately caused by, the immediate project or action under consideration.
(B) Exclusions. The term reasonably foreseeable, with respect to environmental effects of a proposed agency action, does not include effects that are—
(i) speculative;
(ii) attenuated from the proposed agency action;
(iii) separate in time or place from the proposed agency action; or
(iv) in relation to separate existing or potential future projects.
(g) Duties of the Council. Section 204(4) of the National Environmental Policy Act of 1969 (42 U.S.C. 4344(4)) is amended by inserting energy, after health,.
(h) Judicial review. Title I of the National Environmental Policy Act of 1969 is amended—
(1) by redesignating section 112 (42 U.S.C. 4336f) as section 110A, and moving the section so as to appear after section 110; and
(2) by inserting before section 111 the following:
110B. Judicial review
(a) Role of the court. In reviewing a claim or petition for review of whether a final agency action complies with the requirements of this Act, a court—
(1) shall afford substantial deference to the agency; and
(2) may not substitute its judgment for that of the agency with respect to the environmental effects included in the final agency action or the environmental document.
(b) Remand
(1) In general. If a court holds, under section 706(2)(A) of title 5, United States Code, that a final agency action does not comply with the requirements of this Act, the only remedy the court may order, notwithstanding chapter 7 of that title, is to remand, without vacatur or injunction, the final agency action to the agency with—
(A) specific instruction to correct the errors or deficiencies found by the court; and
(B) a reasonable schedule and deadline to correct such errors or deficiencies, which such deadline may not exceed—
(i) with respect to an order entered on or after the date of enactment of this section, the date that is 180 days after the date on which the order was entered; and
(ii) with respect to an order entered before the date of enactment of this section, the date that is 180 days after that date of enactment.
(2) Continued effect of final agency action. A final agency action remanded under paragraph (1) shall remain in effect while the Federal agency corrects any errors or deficiencies found by the court.
(3) Prohibition. No court may issue a temporary restraining order or preliminary injunction during consideration of a claim or petition for review described in subsection (a).
(c) Limitations on claims and petitions for review
(1) In general. Notwithstanding any other provision of law (except as provided in subparagraph (A) with respect to a shorter deadline), a claim or petition for review described in subsection (a) shall be barred unless—
(A) the claim or petition for review is filed not later than 150 days after the date on which the final agency action is made public, unless a shorter deadline is specified under Federal law;
(B) in the case of a final agency action or petition for review for which there was a public comment period on an environmental document, the claim or petition for review—
(i) is filed by a party that submitted a substantive and unique comment during the public comment period by the noticed comment deadline for the environmental document and the comment was sufficiently detailed to put the applicable Federal agency on notice of the issue on which the party seeks review; and
(ii) concerns the same subject matter raised in the comment submitted during the public comment period;
(C) the claim or petition for review is filed by a party that has suffered or imminently will suffer direct harm from the final agency action; and
(D) the claim or petition for review does not challenge the establishment of a categorical exclusion.
(2) Supplemental environmental documents
(A) In general. If an agency issues a supplemental environmental document in response to a court order remanding a final agency action, the deadline described in paragraph (1)(A) shall be the date on which the agency makes public the agency action for which the supplemental environmental document is prepared.
(B) Limitation. A claim for review of a final agency action described in subparagraph (A) shall be limited to information contained in the final supplemental environmental document that was not contained in a previous environmental document for the final agency action.
(3) Actions for use of tribal trust resources
(A) In general. For any final agency action that authorizes or affects the use of land, minerals, or other resources already held in trust at the time of the final agency action by the United States for the benefit of a federally recognized Indian Tribe, except as provided in subparagraph (B), there shall be no administrative or judicial review of the final agency action or petition for review based on a claim of failure to comply with the requirements of this Act.
(B) Limitation. Subparagraph (A) shall not apply to actions for administrative or judicial review—
(i) brought by a federally recognized Indian Tribe for which the United States holds the land, minerals, or other resources in trust; or
(ii) that involve reasonably foreseeable effects of the final agency action that occur outside the land, minerals, or other resources held in trust by the United States for the benefit of a federally recognized Indian Tribe.
(d) Deadline for resolution
(1) In general. A court shall issue a final judgment on a claim or petition for review described in subsection (a)—
(A) as expeditiously as practicable; and
(B) unless a shorter deadline is specified under Federal law, not later than the date that is 180 days after the date on which the agency record for the review is filed with the reviewing court, which shall not be more than 60 days after the filing of the claim or petition for review.
(2) Accelerated deadlines. Nothing in this subsection prevents a court from further expediting review of a claim or petition for review described in subsection (a).
(3) Appeals
(A) Filing
(i) In general. A notice of appeal of a final judgment described in this subsection shall be filed not later than 60 days after the final judgment is issued.
(ii) Remanded actions. In the case of a final agency action remanded under subsection (b), the agency and, if applicable, the applicant, shall have the right to appeal during the pendency of the remand.
(B) Deadline for review. A court shall issue a final decision on an appeal filed under subparagraph (A)—
(i) as expeditiously as practicable; and
(ii) not later than the date that is 180 days after the date on which the appeal is filed.
(e) No effect on review of compliance with other deadlines. Nothing in this section affects the right to obtain review under section 107(g)(6).