Unlock American Energy and Jobs Act of 2026

This bill aims to improve federal permitting for energy infrastructure projects by amending several environmental and energy laws. It modifies the Clean Water Act's state certification process for federal permits, changes LNG terminal approval rules, extends nuclear reactor license terms, and limits judicial review under the National Environmental Policy Act (NEPA).

Sec. 2, Energy infrastructure under the Federal Water Pollution Control Act: This section rewrites Section 401 of the Clean Water Act. It defines terms like 'certification application' and 'discharge', requires applicants for federal permits that may result in a discharge to get a state certification that the discharge will comply with water quality requirements. It limits what a certifying authority can consider to only the point source discharge's compliance with water quality requirements. It sets procedures for public notice, prefiling meetings, and requires denials or conditions to be based on 'clear and convincing evidence' that no modification can avoid violations. It establishes a review period of up to one year, after which the certification requirement is waived if no final action is taken. It also specifies that only four final actions are possible: granted, granted with conditions, denied, or waived. For energy projects, judicial review of certification actions must be filed within 30 days in a U.S. court of appeals.

Sec. 3, LNG terminals: This section amends the Natural Gas Act. It removes a previous deadline of January 1, 2015, for certain findings related to LNG terminals. It also adds a new provision stating that when making a public interest finding for LNG export or import authorization, the Federal Energy Regulatory Commission (FERC) may not consider any environmental factors under NEPA.

Sec. 4, Nuclear energy licensing: This section amends the Atomic Energy Act to set a maximum license term of 60 years for commercial nuclear power reactors, with the possibility of renewal. It directs the Nuclear Regulatory Commission (NRC) to finalize a rulemaking within one year to make early site permits indefinite in duration, and revocable only on a finding of unsuitability or necessity for public safety. It also categorically excludes the construction and operation of a new nuclear reactor at a site with a prior or pending NRC license from NEPA requirements.

Sec. 5, Judicial review under NEPA: This section adds a new section to NEPA. It limits court remedies for NEPA violations to a remand without vacatur or injunction, with a 180-day deadline to correct errors. It bars claims unless filed within 150 days of the final agency action, by a party that submitted a substantive comment and suffered direct harm. It also bars judicial review of final agency actions affecting tribal trust resources, except by the tribe itself or for effects outside the trust land. Courts must issue a final judgment within 180 days of the record being filed, and appeals must be decided within 180 days of the notice of appeal.