Bipartisan American Affordability and Jobs Act of 2026
- Bill Number
- S. 5653
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2026-09-30: Read twice and referred to the Committee on Energy and Natural Resources.
- Last Updated
- 2026-10-30T17:44:45Z
AI-Generated Summary
Purpose The legislation, titled the Bipartisan American Affordability and Jobs Act of 2026 (S. 5653), establishes comprehensive permitting reforms across environmental review, water quality, endangered species, energy infrastructure, and historic preservation. Its stated goal is to streamline federal processes for major projects while maintaining procedural requirements.
Key Provisions
- NEPA Reforms (Division A, Title I): Introduces new definitions (e.g., major Federal action, categorical exclusion, lead agency); sets procedures for determining review levels; mandates unified Federal reviews with strict timelines (1 year for environmental assessments, 2 years for environmental impact statements); allows adoption of state or Tribal reviews; limits judicial review to 150 days with agency deference and remand-without-vacatur remedies.
- Clean Water Act Amendments (Division A, Title II): Restricts Section 401 certification scope to water quality requirements; establishes application procedures, review periods (up to 1 year), and waiver rules; extends NPDES permit terms to 10 years; modifies Section 404 dredged/fill permitting with nationwide permits and judicial review timelines.
- Endangered Species Act Changes (Division A, Title III): Defines “best scientific and commercial data available”; shortens Section 7 consultation timelines to 60 days; creates a state assumption program for consultations; adds judicial review limits and state data integration for listing decisions.
- Project Certainty (Division A, Title IV): Prohibits revocation of permits absent specific conditions (e.g., fraud, court order); provides remedies for disparate treatment of project types; enables judicial relief for unreasonable delays.
- Electric Transmission (Division B, Title I): Establishes transmission planning processes with cost allocation based on benefits; creates categorical exclusions for reconductoring and upgrades in existing rights-of-way; prohibits rights of first refusal; adds ratepayer protections and data access requirements.
- Energy Permitting (Division B, Title II): Reforms geothermal leasing and royalties; allows state permits for certain oil/gas activities on non-Federal land with limited Federal oversight; expedites hydropower maintenance approvals; creates offshore energy transmission frameworks.
- Historic Preservation (Division B, Title III): Increases Historic Preservation Fund authorization; adjusts eligibility criteria for traditional religious or cultural properties; coordinates Section 106 reviews with NEPA timelines; adds evaluation requirements for state and Tribal programs.
Significant Changes to Existing Law
- Replaces prior NEPA provisions with detailed procedural mandates, including eNEPA technologies and unified interagency data systems.
- Narrows CWA Section 401 to direct discharges and imposes clear-and-convincing-evidence standards for denials or conditions.
- Shortens ESA consultation periods and introduces state assumption authority not previously codified.
- Adds statutory timelines, cost-recovery mechanisms, and limited remedies that modify Administrative Procedure Act interactions.
- Creates new authorities for transmission planning, cost allocation, and categorical exclusions beyond existing regulations.
Potential Impacts
- Government Agencies: Requires faster processing, standardized data systems, and potential penalties for delays; increases coordination between lead and cooperating agencies; shifts some responsibilities to states and Tribes.
- Citizens and Project Sponsors: May accelerate approvals for energy and infrastructure projects, affecting costs and timelines; limits opportunities for extended judicial challenges.
- International Relations: No direct provisions; indirect effects possible through changes in energy export/import permitting.
Main Stakeholders Affected
- Federal agencies (e.g., Department of the Interior, USDA, FERC, EPA, Corps of Engineers).
- Project sponsors and utilities in energy, transmission, and mining sectors.
- States, Indian Tribes, and local governments participating in reviews or assuming authorities.
- Ratepayers, environmental organizations, and communities near proposed projects.
Notable Legal, Constitutional, or Political Implications
- Establishes short statutes of limitations and agency deference in judicial review, potentially affecting Administrative Procedure Act standards.
- Introduces cost allocation and ratepayer protections that may raise federalism or takings considerations.
- Bipartisan sponsorship noted; provisions on state assumption and Tribal programs address federalism issues.
- Funding authorizations and program evaluations create ongoing congressional oversight mechanisms.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Capito, Shelley Moore [R-WV]
Cosponsors (3)
Sen. Lee, Mike [R-UT], Sen. Whitehouse, Sheldon [D-RI], Sen. Heinrich, Martin [D-NM]
Recent Actions
- 2026-09-30: Read twice and referred to the Committee on Energy and Natural Resources.
- 2026-09-30: Introduced in Senate
Bill Versions
- Bipartisan American Affordability and Jobs Act of 2026 — issued 2026-09-30 — PDF (417 pages)