American Energy and Mineral Infrastructure Act of 2026

Establishment of the Abandoned Hardrock Mine Fund: Section 6(b) establishes the Abandoned Hardrock Mine Fund using amounts collected from claim maintenance fees on mill sites. This fund can be used to carry out necessary mine reclamation work under the Infrastructure Investment and Jobs Act, which helps address environmental hazards.

Streamlined Public Tracking and Transparency: Section 2(i) requires the Commission to track and make available to the public on its website information related to Federal authorizations, schedules, and expected completion dates. This provision increases accountability and helps the public stay informed about the status of energy infrastructure projects.

Support for Tribal Trust Resources: Section 7(b) creates a presumption that the effects of taking no action will be negative for federally recognized Indian Tribes when proposed agency actions affect Tribal trust resources initiated by those Tribes. This provision helps protect Tribal interests by acknowledging potential harms of inaction.

Restrictions on Judicial Remedies: Sections 2(j), 3(h), and 5(c) limit the authority of courts to set aside, vacate, or enjoin permits, orders, or certifications found to be non-compliant with federal law. Instead, courts are generally required to remand the matter back to the agency without stopping the project, which may reduce legal recourse for individuals or groups affected by harmful environmental impacts.

Exclusion of Certain Water Quality Certifications: Section 2(f) states that a certification under section 401 of the Federal Water Pollution Control Act shall not be required with respect to a Federal authorization for natural gas pipelines. This change could reduce state oversight and protections regarding local water quality impacts from pipeline discharges.

Stricter Standing Requirements for Lawsuits: Sections 3(h), 5(c), and 7(h) impose strict limitations on who can challenge permits and environmental reviews in court, requiring parties to prove direct and irreparable economic harm or that they submitted detailed comments during the public process. These hurdles may prevent everyday citizens and public interest organizations from holding officials accountable through legal action.