Bipartisan American Affordability and Jobs Act of 2026: Permitting Reform County Advocacy Hub
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Contact your U.S. senators today and urge them to support the Bipartisan American Affordability and Jobs Act of 2026
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On Wednesday, Sept. 30, the U.S. Senate introduced the Bipartisan American Affordability and Jobs Act of 2026 (S. 5653). This permitting reform bill would make major changes to several federal environmental protection statutes and includes several key wins for counties, including a guarantee of cooperating agency status for counties in National Environmental Policy Act (NEPA) reviews, among other provisions explained below. These priorities are the result of sustained NACo advocacy in permitting reform conversations.
Counties interact with federal permitting statutes constantly, cooperating with agencies, project sponsors and proponents on projects that use federal funds or touch federal lands. The proposed changes will have significant impacts on county projects such as housing, broadband, transportation infrastructure and waterworks, as well as benefits for public lands counties.
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Major Reform Areas
NEPA, the Endangered Species Act, the National Historic Preservation Act, the Clean Water Act, the Federal Power Act and public lands energy and mineral laws would all see changes.
150 days
New litigation deadline
Deadline to file legal challenges to covered NEPA decisions under the bill's permitting-certainty provisions.
Nov.
Expected floor vote
Senate sponsors expect a vote in a lame-duck session after the November midterm elections.
Key Provisions for Counties
- Guarantee cooperating agency status for counties in NEPA reviews
- Ensure permit certainty for infrastructure projects
- Expedite federal decisions on projects on federal lands
- Prevent data centers from passing grid infrastructure costs down to ratepayers
- Exempt lifeline infrastructure from NEPA reviews
Take Action Today
NACo urges county leaders to act now.
Contact your senators and urge them to support the Bipartisan American Affordability and Jobs Act of 2026.
Resource
Federal Permitting Reform: What County Leaders Need to Know
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