American Energy and Mineral Infrastructure Act of 2026

This bill streamlines permitting for natural gas pipelines, water quality certifications, and mining projects by amending the Natural Gas Act, the Federal Water Pollution Control Act, and the National Environmental Policy Act of 1969 (NEPA). It aims to reduce delays and increase coordination among federal agencies.

Sec. 2, Promoting interagency coordination for review of natural gas pipelines: The Federal Energy Regulatory Commission (FERC) is designated as the sole lead agency for environmental reviews of natural gas pipeline authorizations. FERC must coordinate early with other agencies, and those agencies must defer to FERC's scope of review. FERC must identify and invite potential participating agencies within 30 and 45 days of receiving an application, respectively, with a 30-day response deadline.

Sec. 3, Improving water quality certifications: This section amends Section 401 of the Clean Water Act to require that state or federal water quality certifications for federal permits be based solely on whether a discharge complies with specific Clean Water Act provisions. It sets deadlines for requesting additional information (90 days) and requires publication of certification requirements within 30 days of enactment.

Sec. 4, National Pollutant Discharge Elimination System: The bill authorizes the Administrator to issue general permits for similar discharges on a state, regional, or nationwide basis. If a general permit expires without a notice of non-reissuance, its terms continue for up to 2 years. It also extends the maximum term of NPDES permits from 5 to 10 years.

Sec. 5, Providing certainty to permits for dredged or fill material: The bill limits the time period for the Administrator to prohibit or restrict a disposal site under Section 404(c) of the Clean Water Act to between when an application is complete and when the permit is issued. It extends general permits under Section 404(e) from 5 to 10 years and requires the Secretary to consider only the effects of dredged or fill material discharges, deeming discharges into less than 3 acres as minimal. It also establishes nationwide permits for linear infrastructure and pipeline projects.

Sec. 6, Hardrock mining mill sites: This section allows a mining claim holder to locate multiple mill sites (up to 5 acres each) on public land for operations like waste disposal, as part of an approved plan of operations. These mill sites do not convey mineral rights and are not eligible for patenting. The section does not diminish existing rights or modify land withdrawals.

Sec. 7, Amendments to NEPA: The bill clarifies that NEPA is a procedural statute that does not mandate specific outcomes or confer substantive rights. It expands the use of categorical exclusions and allows agencies to rely on state or tribal environmental reviews. It limits the scope of review to effects with a reasonably close causal relationship to the project and creates a presumption that taking no action on tribal trust resources will have negative effects. It also prevents other agencies from preparing environmental documents if the lead agency determines none is required.