Bipartisan American Affordability and Jobs Act of 2026

This subtitle significantly amends NEPA, clarifying its purpose as a procedural act for informational documents rather than mandating specific outcomes. It narrows the definition of 'major Federal action' to exclude projects with minimal federal funding or involvement, routine administrative actions, and certain infrastructure repairs. It sets strict deadlines for completing environmental assessments (1 year) and environmental impact statements (2 years), with penalties for agency failure to meet them. It also streamlines the use of categorical exclusions and limits judicial review of NEPA claims, including a 150-day statute of limitations and a 'remand without vacatur' remedy.

This section mandates the CEQ, in consultation with other agencies, to develop and implement data standards and minimum functional requirements for 'eNEPA technologies' (digital tools for environmental review). These technologies aim to standardize data collection, automate project screening, improve public access to information, and streamline workflows. Key permitting agencies must implement these standards and report on their progress. The CEQ is also tasked with developing outcome-based performance measures for agency personnel involved in environmental reviews.

This section amends Section 401 of the CWA, which governs state certification for federal permits affecting water quality. It limits the scope of state certification to water quality requirements only, prohibiting denials unless there's clear and convincing evidence of a violation. It sets strict timelines for state action on certification applications (1 year, or 9 months for interstate linear projects), with waivers if deadlines are missed. It also establishes detailed procedures for pre-filing meetings, application completeness, and judicial review, placing the burden of proof on the certifying authority to justify denials or conditions.

This section shortens the timelines for interagency consultations under Section 7 of the ESA. The initial consultation period is reduced from 90 days to 60 days, and the overall biological opinion deadline is shortened from 150 days to 100 days. It also links the completion of ESA consultations to the NEPA environmental document deadlines, requiring consultations to be completed by the time the NEPA document is finalized, unless an extension is approved due to extraordinary circumstances. A permit or license applicant may seek judicial relief if the consultation period extends beyond 145 days without written consent.

This section restricts federal agencies from revoking, rescinding, or altering existing federal authorizations or permits for projects with non-federal sponsors, unless specific conditions are met (e.g., court order, material breach, fraud, urgent harm, or sponsor request). If an agency acts to alter a permit due to urgent harm, the action must be narrowly tailored. The provision establishes a judicial review process where the federal agency bears the burden of proof to justify its action by clear and convincing evidence. Successful challengers can receive reinstatement of permits, injunctive relief, attorney fees, and economic damages, including up to 50% of total project costs if bad faith or a pattern of interference is found.

This section expands FERC's authority to issue permits for the construction or modification of electric transmission facilities deemed 'necessary in the national interest.' It streamlines the process by allowing FERC to act if state siting authorities have denied a permit, conditioned it excessively, or failed to act within one year. It also clarifies cost allocation principles, requiring tariffs to be just and reasonable and allocate costs to customers that benefit, roughly commensurate with those benefits, while protecting customers who receive no benefit from involuntary cost allocation. The Department of the Interior is designated as the lead agency for offshore transmission facilities.

This section establishes categorical exclusions under NEPA and exemptions under the National Historic Preservation Act (NHPA) for certain activities within existing rights-of-way. It applies to electric grid capacity expansion (e.g., reconductoring, voltage increases, energy storage additions) and natural gas pipeline modernization (e.g., repair, replacement, capacity enhancement). These activities, if within a 'covered area' (existing right-of-way plus minimal additional area for compliance), are not considered 'major Federal actions' or 'undertakings,' thus exempting them from full environmental and historic preservation reviews.

This section establishes new policies for how electric utilities charge data centers and high-density computing facilities (defined as 'covered loads'). It mandates that no portion of the incremental cost of serving these loads may be allocated to other customers. States are granted explicit authority to set rates for covered loads that recover more than the embedded average cost and incremental cost, and to use open seasons or competitive solicitations to allocate service opportunities. States can also require covered loads to procure new generation resources or take specific transmission service categories. The Federal Energy Regulatory Commission (FERC) is directed to revise its transmission pricing policy to ensure computational load owners and operators incur the full embedded and incremental costs of transmission service.

This section exempts certain oil and gas wells on non-Federal land from requiring a federal permit to drill (APD) under the Mineral Leasing Act, even if they impact or produce from federal mineral estates. This applies if the well is on non-federal land and the federal government owns less than 50% of the minerals in the drilling unit, or if the wellbore traverses or produces from a federal mineral estate from a non-federal surface location. Lessees are still required to notify the Secretary of the Interior of state permit applications and approvals. This exemption does not apply to Indian lands. It also limits the Secretary's authority on non-federal land in such cases, prohibiting bonds for non-federal land, imposing mitigation requirements, or requiring approval for surface reclamation.

This section amends the Mining Law of 1872 to allow for additional mill sites (up to 5 acres each, for waste rock, tailings, or other operations) to be located by proprietors of lode or placer claims, provided they are reasonably necessary for operations and included in an approved plan. These additional mill sites do not convey mineral rights and are not eligible for patenting. It also imposes a new $400 annual claim maintenance fee for these additional mill sites. Furthermore, it amends the Mineral Leasing Act for Acquired Lands to include 'hardrock minerals' as deposits subject to lease, and directs receipts from these leases and the new mill site fees into a new 'Abandoned Hardrock Mine Fund' for cleanup efforts.

This section significantly amends Section 306108 of title 54, U.S. Code (NHPA Section 106). It narrows the definition of 'adverse effect of the undertaking' to exclude visual, atmospheric, or audible elements unless they directly and significantly diminish a historic property's integrity. It also limits the 'area of potential effects' and defines 'reasonably foreseeable' effects to exclude speculative or attenuated impacts. Strict timelines are imposed for federal agency consultations (30 days for initial review, 60 days for report, 90 days for determination/agreement), with penalties for agency and SHPO/THPO non-compliance. Judicial review is limited to 150 days, with 'remand without vacatur' as the primary remedy and substantial deference to agency judgment. It also clarifies that property listings after review initiation do not require reinitiation.