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Unlock American Energy and Jobs Act of 2026

USA119th CongressS-4475| Senate 
| Updated: 4/30/2026
David McCormick

David McCormick

Republican Senator

Pennsylvania

Environment and Public Works Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill seeks to significantly streamline federal permitting processes for energy and infrastructure projects across various sectors. It amends the Federal Water Pollution Control Act (FWPCA) to reform the Section 401 water quality certification process. Under the proposed changes, certifying authorities must establish clear procedures for public notice and prefiling meetings, and their review scope is strictly limited to whether a point source discharge complies with applicable water quality requirements. Denials or conditions can only be imposed based on clear and convincing evidence , with conditions required to be the least burdensome and consistent with the federal permit. A crucial aspect of the Section 401 reforms is the establishment of a "reasonable period of time" for certification decisions, which cannot exceed one year and cannot be paused or tolled. If a certifying authority fails to act within this period, the certification requirement is waived. For energy projects, the bill mandates expedited judicial review in federal courts of appeals, with strict 120-day deadlines for final decisions and specific standing requirements. If a court remands a certification, it must set a 180-day deadline for the agency to act. The legislation also modifies FWPCA Section 404, which governs permits for dredged or fill material. It extends the term of general permits from five to ten years and clarifies that the Secretary of the Army Corps of Engineers should only consider the direct effects of the discharge itself. Discharges into fewer than three acres of navigable waters are presumed to have a minimal adverse environmental effect. The bill mandates a nationwide permit for oil and natural gas pipelines, specifically "nationwide permit 12," for projects affecting less than three acres. For the reissuance of nationwide permits, the bill exempts them from certain Endangered Species Act consultations and deems an environmental assessment sufficient for National Environmental Policy Act (NEPA) compliance. States with approved permit programs under Section 404 must issue final decisions within one year , with failure to do so resulting in automatic approval. Judicial review for Section 404 permits is limited to 60 days after issuance, and any court remands require a 180-day agency action deadline. Beyond water quality, the bill addresses liquefied natural gas (LNG) terminals by prohibiting the Federal Energy Regulatory Commission (FERC) from considering NEPA environmental factors when making public interest findings. For nuclear energy, it extends commercial reactor licenses to 60 years and makes early site permits indefinite, revocable only under strict conditions. New nuclear reactors at previously permitted sites are categorically excluded from NEPA requirements. Finally, the bill significantly alters judicial review under NEPA. If a court finds a NEPA violation, the only remedy is to remand the action to the agency with a 180-day deadline for correction, without vacating or enjoining the underlying agency action. Claims challenging NEPA compliance are subject to a 150-day statute of limitations , require prior substantive public comment on the specific issue, and demand direct harm to the claimant. The bill also prohibits NEPA review for actions affecting tribal trust resources, unless brought by the tribe or involving off-reservation impacts, and sets strict deadlines for courts to issue final judgments and appeals.
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Timeline
Apr 30, 2026
Introduced in Senate
Apr 30, 2026
Read twice and referred to the Committee on Environment and Public Works.
  • April 30, 2026
    Introduced in Senate


  • April 30, 2026
    Read twice and referred to the Committee on Environment and Public Works.

Environmental Protection

Unlock American Energy and Jobs Act of 2026

USA119th CongressS-4475| Senate 
| Updated: 4/30/2026
This bill seeks to significantly streamline federal permitting processes for energy and infrastructure projects across various sectors. It amends the Federal Water Pollution Control Act (FWPCA) to reform the Section 401 water quality certification process. Under the proposed changes, certifying authorities must establish clear procedures for public notice and prefiling meetings, and their review scope is strictly limited to whether a point source discharge complies with applicable water quality requirements. Denials or conditions can only be imposed based on clear and convincing evidence , with conditions required to be the least burdensome and consistent with the federal permit. A crucial aspect of the Section 401 reforms is the establishment of a "reasonable period of time" for certification decisions, which cannot exceed one year and cannot be paused or tolled. If a certifying authority fails to act within this period, the certification requirement is waived. For energy projects, the bill mandates expedited judicial review in federal courts of appeals, with strict 120-day deadlines for final decisions and specific standing requirements. If a court remands a certification, it must set a 180-day deadline for the agency to act. The legislation also modifies FWPCA Section 404, which governs permits for dredged or fill material. It extends the term of general permits from five to ten years and clarifies that the Secretary of the Army Corps of Engineers should only consider the direct effects of the discharge itself. Discharges into fewer than three acres of navigable waters are presumed to have a minimal adverse environmental effect. The bill mandates a nationwide permit for oil and natural gas pipelines, specifically "nationwide permit 12," for projects affecting less than three acres. For the reissuance of nationwide permits, the bill exempts them from certain Endangered Species Act consultations and deems an environmental assessment sufficient for National Environmental Policy Act (NEPA) compliance. States with approved permit programs under Section 404 must issue final decisions within one year , with failure to do so resulting in automatic approval. Judicial review for Section 404 permits is limited to 60 days after issuance, and any court remands require a 180-day agency action deadline. Beyond water quality, the bill addresses liquefied natural gas (LNG) terminals by prohibiting the Federal Energy Regulatory Commission (FERC) from considering NEPA environmental factors when making public interest findings. For nuclear energy, it extends commercial reactor licenses to 60 years and makes early site permits indefinite, revocable only under strict conditions. New nuclear reactors at previously permitted sites are categorically excluded from NEPA requirements. Finally, the bill significantly alters judicial review under NEPA. If a court finds a NEPA violation, the only remedy is to remand the action to the agency with a 180-day deadline for correction, without vacating or enjoining the underlying agency action. Claims challenging NEPA compliance are subject to a 150-day statute of limitations , require prior substantive public comment on the specific issue, and demand direct harm to the claimant. The bill also prohibits NEPA review for actions affecting tribal trust resources, unless brought by the tribe or involving off-reservation impacts, and sets strict deadlines for courts to issue final judgments and appeals.
View Full Text

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Timeline
Apr 30, 2026
Introduced in Senate
Apr 30, 2026
Read twice and referred to the Committee on Environment and Public Works.
  • April 30, 2026
    Introduced in Senate


  • April 30, 2026
    Read twice and referred to the Committee on Environment and Public Works.
David McCormick

David McCormick

Republican Senator

Pennsylvania

Environment and Public Works Committee

Environmental Protection

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted