Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026; SHOWER Act and Affordable HOMES Act

The Committee on Rules will meet Tuesday, January 6, 2026 at 6:45 PM ET in H-313, The Capitol on the following emergency measure:

  • H.R. ____ – Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026

Text

Committee Reports

(The draft Senate Energy-Water report was not adopted by the chamber so carries no power.)

Joint Explanatory Statements (extends the Committee Reports unless explicitly overrides them)

As well as the following measures:

H.R. 4593, the Saving Homeowners from Overregulation With Exceptional Rinsing Act, amends the definition of a showerhead under the Energy Policy and Conservation Act (EPCA) by inserting the 2024 American Society of Mechanical Engineers definition. This change in definition opens the door for the Trump Administration to weaken water efficiency standards for showerheads.

The Energy Policy Act of 1992 amended EPCA to include a definition of ‘‘showerhead’’ and set a maximum water flow rate of 2.5 gallons per minute (GPM). However, in response to confusion and uncertainty over how the EPCA definition of ‘‘showerhead’’ applied to a showerhead product with multiple nozzles, the Department of Energy (DOE) issued a regulatory definition in 2013. The definition clarified that a showerhead must meet the 2.5 GPM statutory standard regardless of how many individual nozzles the showerhead system included.

In 2020, the Trump Administration amended the definition of ‘‘showerhead’’ to allow showerheads with multiple nozzles to sidestep the statutory water efficiency standard. More specifically, in 2020, DOE interpreted the updated definition of showerhead to mean that each showerhead with multiple nozzles would be considered separate in terms of compliance with the 2.5 GPM standard. This change would increase water and energy use, thereby increasing consumers’ utility bills. In response, the Biden Administration reversed this action in 2021, asserting that a showerhead with multiple nozzles must comply with the 2.5 GPM standard.

In April 2025, instead of ensuring regulatory certainty and preserving consumer cost savings, the Trump Administration continued the back-and-forth by signing an executive order directing DOE to rescind and revise the 2021 Biden Administration definition of a showerhead to ‘‘end the Obama-Biden war on water pressure.’’ However, the water efficiency standards for showerheads set by Congress in 1992 do not regulate water pressure. Importantly, the standards concern water flow. Water pressure is determined by engineering decisions in the manufacturing process, and several other factors can interact to impact water pressure and flow, like clogs, leaks, and sediment build-up. In testing showerheads, Consumer Reports found that water flow does not predict the performance of a showerhead.

H.R. 4593 attempts to codify an ambiguous and unclear definition of a showerhead, which will only open the door for further regulatory confusion and uncertainty. The definition change proposed in the bill lends support to the Trump Administration’s misguided efforts to weaken standards for showerheads, allowing for increased water and energy usage, which, in turn, will raise consumer utility bills.

H.R. 5184, the ‘‘Affordable Housing Over Mandating Efficiency Standards Act,’’ prevents households that live in manufactured housing from benefiting from energy efficiency standards that are established by energy sector experts. Specifically, H.R. 5184 amends Section 413 of the bipartisan Energy Independence and Security Act of 2007 (EISA) and removes this authority from the Department of Energy’s (DOE) jurisdiction, thus sending energy efficiency standards for manufactured homes to another federal agency that does not specialize in energy efficiency rulemaking. Additionally, the bill prevents DOE’s May 2022 energy conservation standard for manufactured housing from taking effect and lowering household utility bills. For these reasons, the Committee Minority strongly opposes H.R. 5184.

H.R. 5184 amends section 413 of EISA, shifting authority of manufactured housing efficiency standards to the Department of Housing and Urban Development (HUD). EISA passed in a bipartisan fashion, and Congress explicitly directed DOE to develop energy efficiency standards for manufactured homes. The law directs DOE to base the standards on the most recent International Energy Conservation Code (IECC) unless the Secretary finds that IECC is not cost-effective or that a more stringent standard would be cost-effective. Prior to the passage of EISA, HUD, which was responsible for energy standards for manufactured homes, had not updated its energy provisions since 1994.2 EISA requires DOE to provide notice and the opportunity for comment from manufacturers and stakeholders, and to consult with the HUD Secretary on energy efficiency standards for manufactured housing.3 DOE has a rigorous rulemaking process with extensive stakeholder engagement and energy sector expert input, and has significant experience setting energy efficiency standards. Amending Section 413 of EISA undermines this important DOE authority.

H.R. 5184 also prevents the final rule titled ‘‘Energy Conservation Program: Standards for Manufactured Housing’’ published in the Federal Register on May 31, 2022, from having any effect. In May 2022, DOE finalized a court-mandated rule adopting energy conservation standards for new manufactured homes. The rule will help those living in manufactured housing save up to $475 per year on average on their utility bills.4 Energy costs are about 70 percent higher per square foot in manufactured homes compared to site built homes.5 The median energy burden of manufactured housing residents is 39 percent higher than that of single-family households.6 The Committee Minority believes it is important to support this standard and the crucial savings the standard will provide for these households.

In developing the May 2022 final rule, DOE consulted HUD to appropriately balance the upfront costs of manufactured homes with long-term affordability, recognizing that ‘‘access to affordable housing and reducing energy burdens of the purchasers are of the utmost importance in the manufactured housing market.’’ 7 Thus, to accommodate price-sensitive, low-income purchasers of manufactured homes, DOE adopted a tiered approach based on the size of the manufactured home in the final rule.8 As such, the final rule is cost-effective, with the benefits of the rule far outweighing the costs.

Additionally, H.R. 5184 was amended during the November 19, 2025, Subcommittee on Energy markup to allow DOE to submit recommendations for revisions to HUD’s conservation standards for manufactured housing based on specific criteria. While the amendment marginally improved the bill by removing the outright repeal of section 413 of EISA, the amendment still failed to address the major flaws in the underlying bill. As amended, H.R. 5184 still nullifies DOE’s May 2022 manufactured housing energy conservation standard, jeopardizing more than $5 billion in savings for manufactured housing residents.9 As amended, the bill still undermines DOE’s authority to set efficiency standards by shifting the responsibility to HUD. The bill fails to specify what HUD should do with DOE’s recommendations; even if DOE submitted recommendations, it is likely that they will have no effect.

Entrusting HUD with setting efficiency standards for manufactured homes will not improve affordability. As previously mentioned, when HUD was the lead agency responsible for setting energy efficiency standards for manufactured homes prior to the passage of EISA, the agency had failed to meaningfully update the standards since 1994, leaving manufactured housing residents with disproportionately high energy bills for years. By repealing DOE’s court-mandated and long-awaited energy conservation standard for manufactured homes, H.R. 5184 deprives residents of significant and desperately needed cost savings. At a time when electricity prices are up thirteen percent nationwide, strong energy efficiency standards are imperative to safeguard consumers.

House Rules Committee
H-313 Capitol

01/06/2026 at 06:45PM

Homeland Security Member Day

On Thursday, December 18, 2025, the Committee on Homeland Security will hold a Member Day hearing to receive testimony from Members on proposed legislation within the Committee’s jurisdiction. The Committee will meet at 12:00 p.m. EST in 310 Cannon House Office Building.

Members wishing to testify before the Committee at this hearing should relay their intention to attend to Sean Corcoran, Chief Clerk, at [email protected] no later than 12:00 p.m. EST, Tuesday, December 16, 2025.

House Homeland Security Committee
310 Cannon

12/18/2025 at 12:00PM

The Impact of EPA’s CERCLA Designation for Two PFAS Chemistries and Potential Policy Responses to Superfund Liability Concerns

Subcommittee hearing.

Federal actions have caused concerns about potential liability in the wake of EPA’s designation of two PFAS chemicals as hazardous substances under the Superfund law, the Comprehensive Environmental Response, Compensation, and Liability (CERCLA) Act. This hearing is an opportunity to assess the current statutory and regulatory landscape for PFAS and consider what steps Congress may need to take to respond to these concerns.

Witnesses:

  • Susan Bodine, Esq., Partner, Earth & Water Law
  • Lawrence W. Falbe, Esq., Chair, International Council of Shopping Centers Environmental and Land Use Policy Committee
  • G. Tracy Mehan, Executive Director, Government Affairs, American Water Works Association
  • Emily Donovan, Co-Founder, Clean Cape Fear

The prepared testimony of Bodine, a George W. Bush EPA official and corporate polluter lawyer and lobbyist, questions the risks of PFOA and PFAS (“I don’t believe anyone would argue that PFOA and PFOS are benign. But, it is possible that EPA has overstated the risks through its selection of critical effects and studies”), criticizes CERCLA (“draconian consequences”), and recommends shielding “inadvertent parties” from Superfund liability, saying Superfund is sufficiently capitalized (“the EPA Superfund program is now funded at historically high levels and can take action to address any actual health risks caused by releases associated with an exempt party”).

The prepared testimony of Falbe, a corporate polluter lobbyist and lawyer, claims a “chilling effect on real estate transactions and development” because “CERCLA’s strict, joint-and-several, retroactive liability framework—applied to ubiquitous legacy chemicals—will unintentionally shift cleanup costs onto passive receivers - like shopping center owners and small businesses.” His testimony also calls CERCLA “draconian.” Falbe calls for a “‘passive receiver’ exemption” from Superfund liability for “real estate owners, particularly in the retail sector.”

The prepared testimony of Mehan calls for an “exemption for water and wastewater utilities” from Superfund liability for PFAS, specifically H.R. 1267, the Water Systems PFAS Liability Protection Act.

Donovan, who is a member of the National PFAS Contamination Coalition, testified in opposition of CERCLA exemptions.

House Energy and Commerce Committee
   Environment Subcommittee
2123 Rayburn

12/18/2025 at 10:00AM

Markup of Legislation to Weaken the Endangered Species Act, Extend the Washington, D.C. Occupation, and other bills

On Wednesday, December 17, 2025, at 10:00 a.m., in room 1324 Longworth House Office Building, the Committee on Natural Resources will meet to consider four pieces of legislation.

Markup memo

Legislation expected to move by regular order:

Legislation expected to move by unanimous consent:

  • H.R. 4284 (Rep. Leger Fernandez), “Small Cemetery Conveyance Act”
  • H.R. 5910 (Rep. Hageman), To authorize leases of up to 99 years for land held in trust for federally recognized Indian Tribes.
House Natural Resources Committee
1324 Longworth

12/17/2025 at 10:00AM

Markup of Federal Lands Legislation

The purpose of the business meeting is to consider the following legislation.

  • S. 291, Lower Colorado River Multi-Species Conservation Program Amendment Act of 2025
  • S. 858, Hershel ‘Woody’ Williams National Medal of Honor Monument Location Act
  • S. 1341, Sarvis Creek Wilderness Completion Act
  • S. 1363, New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act
  • S. 1377, Theodore Roosevelt National Park Wild Horses Protection Act
  • S. 1470, Continental Divide National Scenic Trail Completion Act
  • S. 1787, Dolores River National Conservation Area and Special Management Area Act
  • S. 1860, Brian Head Town Land Conveyance Act
  • S. 2015, National Prescribed Fire Act of 2025
  • S. 2016, Chugach Alaska Land Exchange Oil Spill Recovery Act of 2025
  • S. 2033, Cross-Boundary Wildfire Solutions Act
  • S. 2262, American Voices in Federal Lands Act
  • S. 2273, Wyoming Education Trust Modernization Act
  • S. 2546, A bill to provide for an extension of the legislative authority of the National Emergency Medical Services Memorial Foundation to establish a commemorative work in the District of Columbia and its environs.
  • S. 2881, A bill to provide for the transfer of administrative jurisdiction over certain Federal land in the State of California, and for other purposes.
Senate Energy and Natural Resources Committee
366 Dirksen

12/17/2025 at 09:30AM

Oversight and Government Reform Member Day

On Wednesday, December 17, 2025, at 9:00 a.m. ET, the Committee on Oversight and Government Reform will hold a Member Day hearing. The hearing will convene in room HVC210 of the U.S. Capitol Visitor Center. Members of Congress, regardless of Committee assignment, are invited to testify on issues within the Committee’s jurisdiction, including specific legislation or topics of importance to them, their district, and their constituents.

Members who wish to appear before the Committee are requested to notify the Majority staff at [email protected] by 5:00 p.m. on Friday, December 12, 2025.

Members are requested to submit their statements through the Committee’s electronic repository at [email protected] by 5:00 p.m. on Monday, December 15, 2025.

House Oversight and Government Reform Committee
HVC 210 Capitol Visitor Center

12/17/2025 at 09:00AM

Geothermal Energy Legislation

On Tuesday, December 16, 2025, at 10:15 a.m., in room 1334 Longworth House Office Building, the Committee on Natural Resources, Subcommittee on Energy and Mineral Resources, will hold a legislative hearing on nine pieces of geothermal legislation.

Hearing memo

Bills:

  • H.R. 301 (Rep. Maloy), “Geothermal Energy Opportunity Act” or the “GEO Act”
  • H.R. 398 (Rep. Ocasio-Cortez), “Geothermal Cost-Recovery Authority Act of 2025”
  • H.R. 1077 (Rep. Lee), “Streamlining Thermal Energy through Advanced Mechanisms Act” or the “STEAM Act”
  • H.R. 1687 (Rep. Fulcher), “Committing Leases for Energy Access Now Act” or the “CLEAN Act”
  • H.R. 5576 (Rep. Fulcher), “Enhancing Geothermal Production on Federal Lands Act”
  • H.R. 5587 (Rep. Kim), “Harnessing Energy At Thermal Sources Act” or the “HEATS Act”
  • H.R. 5617 (Rep. Ansari), “Geothermal Gold Book Development Act”
  • H.R. 5631 (Rep. Hurd), “Geothermal Ombudsman for National Deployment and Optimal Reviews Act”
  • H.R. 5638 (Rep. Kennedy of UT), “Geothermal Royalty Reform Act”

Witnesses:

Panel I (Members of Congress)

  • To Be Announced

Panel II (Administration Witness)

  • Mr. Jon Raby, Nevada State Director, Bureau of Land Management, U.S. Department of the Interior, Reno, NV [All Bills]

Panel III (Outside Experts)

  • Tim Latimer, Co-Founder and CEO, Fervo Energy, Houston, TX [H.R. 301, H.R. 1077, H.R. 5587 and H.R. 5631]
  • Paul Thomsen, Vice President of Business Development, Ormat Technologies, Inc., Reno, NV [H.R. 301, H.R. 5638]
  • Dr. Bryant Jones, Executive Director, Geothermal Rising, Boise, ID [All Bills]
  • Dr. Kerry Rohrmeier, Nevada Climate and Energy Strategy Director, The Nature Conservancy, Reno, NV [All Bills] [Minority Witness]

Geothermal power is a baseload renewable energy resource derived by capturing heat from an underground water reservoir or from naturally occurring steam under high pressure. Geothermal energy can be used for both electricity generation and heating applications. It is abundant in the western U.S., where the Bureau of Land Management (BLM) has authority over geothermal leasing on approximately 245 million acres of public lands, including 104 million acres of U.S. Forest Service (USFS) lands.

In 2023, geothermal power plants across seven states produced about 17 billion kilowatt hours (kWh) of electricity, equal to 0.4 percent of total U.S. utility-scale electricity generation. Most of the nation’s geothermal power plants are found in western states, including Hawaii, where geothermal energy resources are closer to the earth’s surface. California generates more electricity from geothermal power than any other state, while Nevada has the highest proportion of its electricity generation attributed to geothermal power.

Geothermal was the first renewable energy technology that BLM approved for production on public lands, with the first project approved in 1978. Today, 51 operating power plants produce geothermal energy from BLM-managed lands, with a combined installed capacity of more than 2.6 gigawatts (GW).

The United States Geological Survey (USGS) operates several programs that support research and development of geothermal energy resources. The Geothermal Steam Act of 1970 (GSA)8 directs USGS to conduct national-scale assessments of geothermal resources, the most recent of which was published in 2008. Additionally, through the Earth Mapping Resources Initiative, the agency coordinates priorities with the Department of Energy (DOE) Geothermal Technologies Office to collect useful data for both critical mineral and geothermal resources. As conventional and next-generation geothermal technologies seek to reduce development costs and help meet skyrocketing domestic energy demand, reforming cumbersome leasing and permitting processes on federal lands is essential. Interest in federal lands for geothermal energy production has grown significantly in recent years. In October 2025, BLM held a lease sale in Nevada that generated a record $9.4 million in bids for 86 parcels of land. BLM held further 2025 lease sales in Utah, Oregon, Idaho, and California, highlighting the important role that federal lands can play in bolstering geothermal potential.

H.R. 301 (Rep. Maloy), “Geothermal Energy Opportunity Act” or “GEO Act”

H.R. 301 would prevent the Department of the Interior (DOI) from delaying authorized projects out of fear of litigation. Despite its November 2021 approval of the Dixie Meadows Geothermal Project in Nevada, BLM later delayed construction on the project in response to the U.S. Fish and Wildlife Service’s listing of the Dixie Valley toad under the Endangered Species Act (ESA). During the required Section 7 consultation under the ESA, the developer decided to reduce the project’s footprint to a single geothermal power plant with an estimated output of about 12 megawatts. In 2023, the agency announced it would conduct a third review of the project.

H.R. 301 would require DOI to process drilling permits and other authorizations within 60 days, unless a federal court vacates the underlying lease.

H.R. 398 (Rep. Ocasio-Cortez), “Geothermal Cost-Recovery Authority Act of 2025”

Cost recovery authority allows federal agencies to charge fees for processing applications and other documents. This authority is provided in the Federal Land Policy and Management Act of 1976(FLPMA), the Mineral Leasing Act of 1920 (MLA),20 and the Independent Offices Appropriation Act of 1952 (IOAA). Additionally, Section 3021(b) of the National Defense Authorization Act of 201522 directs BLM to collect a fee for processing oil and gas applications for permit to drill (APDs) from Fiscal Year (FY) 2016 through FY 2026. From FY 2006 through FY 2015, however, fees for APDs and geothermal drilling permits (GDPs) were suspended by Section 365 of the Energy Policy Act of 2005 (EPAct05).

H.R. 398 would explicitly authorize the DOI to charge geothermal leaseholders fees to recover costs for geothermal lease applications, GDPs, utilization plans, site licenses, facility construction permits, commercial use permits, and other approvals related to a geothermal lease, including inspection and monitoring of exploration activities, drilling and plugging of wells, as well as the construction, operation, and reclamation of well sites.

H.R. 1077 (Rep. Lee of NV), “Streamlining Thermal Energy through Advanced Mechanisms Act” or “STEAM Act”

H.R. 1077 would expedite geothermal development by amending the Energy Policy Act of 2005 to allow for a new categorical exclusion (CE) under the National Environmental Policy Act of 1969 (NEPA) for geothermal energy. Section 390 of EPAct’05 grants five different CEs for oil and gas activities. These CEs expedite the development of oil and gas projects where a well has previously been drilled on certain land, or where a field has been developed and an approved land use plan, or any environmental document prepared pursuant to NEPA requirements, found that drilling is a reasonably foreseeable activity.

H.R. 1687 (Rep. Fulcher), “Committing Leases for Energy Access Now Act” or “CLEAN Act”

The GSA requires DOI to hold “a competitive lease sale at least once every [two] years for land in a [s]tate that has nominations pending.” BLM, however, has often ignored this requirement. In California, for example, BLM failed to hold a competitive geothermal lease sale for nearly 11 years until the Trump administration held one in the summer of 2025.

H.R. 1687 would relieve geothermal leasing and permitting backlogs by amending the GSA to require the Secretary of the Interior (Secretary) to hold annual lease sales for geothermal energy. If a lease sale is missed for any reason, the bill would require the Secretary to hold replacement sales during the same year. The bill would also require the Secretary to respond to geothermal drilling permit applications within 30 days of receipt, informing applicants whether their applications are complete. If the Secretary determines an application is complete, then the Secretary would have an additional 30 days to issue a final decision on the application.

H.R. 5576 (Rep. Fulcher), “Enhancing Geothermal Production on Federal Lands Act”

The four stages of geothermal resource development within a lease are exploration, resource drilling, production, and reclamation. Each stage under the lease requires separate authorizations and NEPA compliance when ground-disturbing activities are proposed.

H.R. 5576 would exempt geothermal exploration wells (temperature gradient wells, monitoring wells, and calibration wells) from NEPA reviews. Prior to developing a geothermal facility, operators must drill exploratory wells to characterize the resource and collect data. To be eligible for the bill’s streamlining provisions, an operator must ensure that its exploration well is under 13 3/8 inches in diameter, the surface disturbance is less than 8 acres, activities are completed in 180 days, and the site will be reclaimed within three years. The bill would also exclude geotechnical investigations and road construction and maintenance (within existing rights-of-way) from NEPA.

H.R. 5587 (Rep. Kim), “Harnessing Energy At Thermal Sources Act” or “HEATS Act”

H.R. 5587 would expedite the development of geothermal energy on non-federal lands where federal minerals are already developed. Currently, geothermal operators on non-federal land producing any quantity of federal resources must abide by all federal laws and permitting processes H.R. 5587 would exempt geothermal exploration or production wells on non-federal lands from NEPA, Section 7 of ESA, or Section 106 of the National Historic Preservation Act (NHPA) if (1) the U.S. holds an ownership interest of less than 50 percent of the subsurface geothermal estate and (2) the operator receives a drilling permit from the applicable state.

H.R. 5617 (Rep. Ansari), “Geothermal Gold Book Development Act”

DOI’s and USFS’s joint publication, “Surface Operating Standards and Guidelines for Oil and Gas Exploration and Development” (Gold Book), was developed to assist oil and gas operators by “providing information on the requirements for obtaining permit approval and conducting environmentally responsible oil and gas operations on federal lands and on private surface over [f]ederal minerals (split-estate).” The Gold Book’s contents not only inform operators but also guide BLM staff assigned to oil and gas development on federal land. Although this publication was last revised in 2007, it remains a useful supplement to other federal guidance that has been released or is planned to be released.

Despite the significant growth in geothermal operations on federal land, the BLM has yet to publish a similar book of practices for geothermal energy production. Accordingly, H.R. 5617 would direct DOI to publish a Gold Book detailing efficient and environmentally responsible geothermal leasing and permitting practices for use by BLM field offices and geothermal operators. The bill would also require DOI to review and revise the Gold Book at least once every five years. With a geothermal Gold Book, BLM staff will have improved guidance for reviewing and approving geothermal lease sales, permitting applications, and drilling and production operations.

H.R. 5631 (Rep. Hurd), “Geothermal Ombudsman for National Deployment and Optimal Reviews Act”

Reviews for GDPs, utilization plans, commercial use permits, and other geothermal authorizations are managed primarily by the BLM field offices with jurisdiction over the federal land in which a given project is located. For example, in Utah, geothermal permitting responsibilities are divided among 11 BLM field offices.

With geothermal permitting, the mechanisms that allow for collaboration between field and state offices within BLM, or between BLM and other bureaus across DOI, are limited. Instead, local field office personnel must fully process geothermal authorizations within their respective jurisdictions.

According to industry stakeholders, field office-specific processing requirements have produced significant variations in geothermal permitting outcomes. For example, developers have noted that as geothermal energy expands into new regions, some BLM field offices lack experience with key technical aspects of project development, resulting in significant delays across a range of permits and approvals. Additionally, field offices in remote jurisdictions often face greater challenges recruiting and retaining staff with requisite geothermal permitting expertise than do field offices in more populated regions.

H.R. 5631 would improve coordination by appointing a Geothermal Ombudsman (Ombudsman) from within BLM. The Ombudsman would be responsible for liaising between field offices and the BLM Director, providing dispute resolution services between field offices and applicants, monitoring permit processing, developing best practices, and coordinating with the Federal Permitting Improvement Steering Council (FPISC).

H.R. 5638 (Rep. Kennedy of UT), “Geothermal Royalty Reform Act”

Currently, operators producing electricity from geothermal resources on federal land pay a royalty rate of at least 1 percent but not exceeding 2.5 percent of gross proceeds from the sale of electricity produced under the lease during the first 10 years of production. Thereafter, the royalty rate increases to at least 2 percent but not exceeding 5 percent of gross proceeds from electricity produced under the lease.

H.R. 5638 stipulates that geothermal facilities on the same geothermal lease are treated as separate facilities with respect to royalty payments. Under the current interpretation of the law, all facilities on the same lease must pay the same royalty rate, provided that one facility has met the time-in-service threshold for the higher royalty rate. This bill’s clarification would allow for geothermal facilities on the same lease to pay different royalties, based on each individual facility’s time in service.

House Natural Resources Committee
   Energy and Mineral Resources Subcommittee
1334 Longworth

12/16/2025 at 10:15AM

Examining the SBA Disaster Assistance Program

Full Committee hearing entitled “American Resilience: Examining the SBA Disaster Assistance Program.”

Witness:

  • Chris Stallings, Associate Administrator, Office of Disaster Recovery & Resilience, United States Small Business Administration
House Small Business Committee
2360 Rayburn

12/16/2025 at 10:00AM

SPEED Act to Weaken NEPA, Mining Regulatory Clarity Act, Reliable Power Act, and Other Legislation

The Committee on Rules will meet Monday, December 15, 2025 at 4:00 PM ET in H-313, The Capitol on the following measures:

The National Environmental Policy Act (NEPA) requires the federal government to consider the environmental effects of proposed major federal actions, ensuring federal projects and permitting decisions are informed and transparent to the public. NEPA also requires agencies to evaluate alternatives and public input, publicly disclose this information before taking final action, and provides a structure for coordinating permitting decisions. Committee Democrats believe any reforms to NEPA must prioritize a permitting process that is efficient, effective, and accelerates clean energy development and other essential infrastructure, while respecting communities, public input, tribal sovereignty, and tribal consultation. Since President Nixon signed NEPA into law in 1970, NEPA has democratized the federal decision-making process, giving the public a chance to influence actions that shape the environment in which Americans live, work, and play. The NEPA public input process has improved myriad projects in small and large ways. Members of the public, tribes, local governments, and organizations have suggested useful alternatives and identified critical errors in underlying data or analysis.1 Research shows that public comment plays a meaningful role in shaping federal decision-making, substantively altering decisions in 62 percent of analyzed environmental impact statements; federal decision-makers credited public comment as the reason every time they modified a mitigation plan or selected a new preferred alternative.

The NEPA process has measurably improved major infrastructure projects across the country. Examples include improving port operational efficiency (Choctaw Point Shipping Terminal, Alabama); lowering project costs, saving time, and reducing environmental disturbances (Crenshaw/LAX Transit Corridor, California); and improving public safety (I–70 Mountain Corridor, Colorado). To quote the Environmental Law Institute, ‘‘because of NEPA, bad decisions have sometimes been avoided and good decisions often have been made better.’’

Projects that experience significant NEPA delays are the exception, not the norm. According to numerous studies, when delays occur, the most common causes are agency capacity, including staff, expertise, funding, or technology; delays attributable to the project applicant, including waiting for information, changed plans of operation, and shifting priorities; and compliance with other laws and coordination with other permitting authorities, including state and local governments.5 Litigation can cause additional delays at the end of a permitting process, but NEPA-related claims are also rare compared to challenges under other statutes: a 2020 study found that only one in every 450 NEPA reviews is ever challenged in court.

NEPA and the permitting process have already undergone significant changes in the last two years, including statutory changes through enactment of the 2023 Fiscal Responsibility Act (FRA), major regulatory changes during President Trump’s second term, and judicial changes related to the Supreme Court case Seven County Infrastructure Coalition v. Eagle County. Notably, the FRA amendments added 1- and 2-year judicially enforceable timelines for completing an environmental assessment and an environmental impact statement (EIS), respectively.

Under the previous administration, Committee Democrats championed a historic investment of over $1 billion for federal permitting offices across several federal agencies through the Inflation Reduction Act (IRA). This investment had a significant positive impact on federal environmental reviews and addressed legitimate, evidence-based challenges. According to the Biden administration, as of January 2025, the $1 billion investment, along with the utilization of other commonsense authorities, reduced the median time needed to complete an EIS (from notice of intent to final EIS) by 28 percent compared to the first Trump administration. The median time was 2.2 years in 2024, compared to 3.6 years in 2019.

Despite the clear benefits of adequately funding our agencies, Republicans want to continue slashing funding while avoiding proper analysis and community input. The recently enacted H.R. 1 rescinded unspent funds appropriated through the IRA, including for permitting staff and technology upgrades. Additionally, agency reductions-in-force and voluntary resignations appear to be having a significant impact on permitting, with project developers reporting significant frustration over the lack of agency staffing.

On top of these recent changes, the Trump administration’s regulatory chaos has created significant uncertainty in the permitting process, including by repealing the unifying Council on Environmental Quality NEPA regulations that helped provide consistent NEPA procedures across the federal government, and using a legally dubious ‘‘energy emergency’’ and other claims to skirt essential permitting requirements. Many of these actions are facing litigation, and the Trump administration is losing in court, adding to further uncertainty and chaos. In May, 15 state Attorneys General sued the Trump administration over its ‘‘energy emergency’’ declaration, arguing the order’s direction to bypass federal review is illegal. And in August, a federal judge ordered the Governor of Florida and the Trump administration to begin dismantling the socalled Alligator Alcatraz detention center based on their failure to conduct NEPA analysis and other violations of law.

Despite all these changes, the majority’s oversight of NEPA has been virtually non-existent, even while pursuing a major overhaul of this foundational law. Furthermore, they have not been able to answer basic questions raised by Democrats about the impact of the SPEED Act, should it become law. For example, the bill, as written, could waive NEPA requirements for all Department of Transportation federal highway projects, and the majority has not shared whether this is the intent or even whether they understand the potential impact. Before NEPA, federal highways cut through many low-income communities and communities of color, often without input from the people who lived there. NEPA was passed in part to stop that pattern by ensuring the federal government considers these environmental justice impacts and gives communities a voice before proceeding with major projects. Waiving this review is a shortsighted step in the wrong direction and will actively put vulnerable communities in harm’s way.

The SPEED Act further undermines NEPA by shifting its focus away from informed, balanced decision-making. The bill fundamentally restructures NEPA to reduce the number of projects that trigger NEPA review, narrow the quality of environmental analysis and public input that remain, and sharply limit judicial oversight, making it harder to challenge unlawful decisions and easier for polluters to advance harmful projects. Specifically, the legislation makes judicial review, the only avenue for accountability, essentially meaningless—both by preventing courts from stopping projects even when agencies rely on faulty or non-existent analysis and by imposing overly restrictive standing requirements that shut affected communities out of the process while possibly even lengthening and complicating litigation. The bill’s efforts to limit the scope of environmental analysis go far beyond Seven County Infrastructure. Its limitations on considering new science put blinders on agency analysis, leading to poor decision-making and likely increased legal risk. Democrats offered amendments to correct many of these problems, but they were all rejected by Republicans.

While undermining core safeguards for communities, the SPEED Act also fails to provide meaningful permitting certainty for virtually all clean energy projects that are currently being stalled or blocked by the Trump administration. I appreciate efforts to improve the legislation throughout the process, but the SPEED Act still does not address the many ways the Trump administration is stopping renewable energy projects from being permitted in the first place. Amendments added in hopes of ensuring previously enacted permits cannot later be revoked will still not make a meaningful difference for clean energy deployment in the first place, and do not help projects that have already had permits overturned by this administration.

H.R. 1366, the Mining Regulatory Clarity Act, would allow mining companies to claim an unlimited number of adjacent five-acre parcels of public land as mill sites to be used to support mining activities like processing and tailings storage. This bill would codify the mining industry’s priority right to as much public land as the industry wants, for as long as the industry wants it. H.R. 1366 could also give mining operators further statutory rights to priority usage of unclaimed public lands. The mining industry argues this legislation is necessary to clarify how mines may use public lands following the 2022 ‘‘Rosemont decision’’. In 2022, the Ninth Circuit Court of Appeals ruled that the Rosemont copper mine in southeastern Arizona could not dump its mining waste on an invalid mining claim in the Coronado National Forest. Initially, the Forest Service had assumed that the Rosemont Copper Company had valid mining claims where it planned to dump its waste. However, the court found those wastedump claims invalid because they had not been shown to contain valuable minerals. Under the Mining Law of 1872, a mining claim is only considered ‘‘valid’’ when it contains valuable minerals, and only valid claims grant the claim holder broad rights to public lands under the mining law. The court reasoned that a company wouldn’t use an area with a valuable mineral deposit as a waste dump and, therefore, that the company could not have a valid mining claim on the proposed waste site. The mining industry argues they need the ‘‘fix’’ in this bill because the Rosemont decision has limited their ability to use mining claims for important ‘‘ancillary uses,’’ like dumping toxic waste on public lands. Mining claims come with certain benefits, including automatic priority use of public lands. Without a valid mining claim for those ancillary uses, a company can still request to use the public land as a waste dump; however, it must undergo the same multiple-use balancing determinations as other uses of public lands and may be less likely to be approved. There are also other methods for procuring land adjacent to a mine to use as a mining waste storage area, such as land swaps or buying private land, but the mining industry vastly prefers to use mining claims (or mill sites, described below) due to their ease and affordability. In 2023, the Department of the Interior Solicitor under President Biden issued an opinion referencing the many other options for procuring land for mining waste under current law, including mill sites. Mill sites were established under the Mining Law of 1872 to address this exact issue, allowing miners to use non-mineral lands adjacent to their mining claims for ancillary activities. However, the mining law specifies that mill sites must be land that is nonmineral in character, which can be difficult and expensive to prove, and does not specify how many five-acre mill sites are allowed per twenty-acre mining claim. A 1997 DOI policy limiting mill sites to one per claim sparked a long-running disagreement over the allowable number of mill sites, which appears to be settled now after a 2024 D.C. Circuit Court ruling that allows unlimited mill sites, although they need to be non-mineral in character, as defined by the Mining Law of 1872. Furthermore, the Rosemont mine has since bought private land to use for its mining waste, and other mines have located mill sites for ancillary uses in their mining plans of operations.

Nonetheless, the mining industry continues to push for a ‘‘legislative fix.’’ The industry argues that legislation would provide certainty for mining and mineral exploration, but there’s no evidence that any mines are currently being challenged because their use of mining claims or mill sites is being questioned.

The legislation would alter mill sites instead of directly changing the law on mining claims; specifically, it would allow mill sites on any public land—not just non-mineral lands—and would codify the D.C. Circuit Court’s ruling allowing for unlimited millsites for ancillary activities. It would also direct claim maintenance fees from millsites to the Abandoned Hardrock Mine Reclamation Fund established in the Infrastructure Investment and Jobs Act. Concerningly, H.R. 1366 defines mining operations in a way that significantly expands mining companies’ rights on public lands. The bill uses the current regulatory definition of mining ‘operations’: ‘‘all functions, work, facilities, and activities in connection with the prospecting, development, extraction, and processing of mineral deposits and all uses reasonably incident thereto including the construction and maintenance of means of access [. . .] whether the operations take place on or off the claim’’ (emphasis added). Effectively, this definition would mean that mining operators would not need a mining claim to conduct operations on public lands. Although this definition is currently in regulation, giving the term the full weight of statute and Congressional approval would further prioritize mining over other uses of public lands. While BLM and the Forest Service have traditionally held that they do not have the authority to deny a mine under the Mining Law of 1872, they have greater discretion to approve or deny rights-of-way for roads, electrical lines, water pipelines, and other related facilities. The previous Trump administration argued that mining companies do not even need a mining claim, much less proof of a valid claim, to be allowed to conduct mining operations or ancillary activities on open public lands without undergoing multiple-use balancing under the Federal Land Policy and Management Act (FLPMA)—effectively arguing against any discretion. Codifying this definition of operations would codify this interpretation of the Mining Law.

Additionally, the retention of a savings clause from the 118th Congress’s version of the Mining Regulatory Clarity Act further calls into question the drafters’ intentions. Although the 119th version does not focus on claim validity, it retains a clause specifying that nothing in this bill ‘‘limits the right of the Federal Government to regulate mining and mining-related activities (including requiring claim validity examinations [. . .]) in areas withdrawn from mining’’ under the mining laws, FLPMA, the Wilderness Act, the Endangered Species Act, the National Historic Preservation Act, or the Surface Resources Act. Clarifying that this bill does not limit the rights to regulate mining only in areas withdrawn from new mining claims reinforces that the bill’s definition of operations might limit the federal government’s ability to regulate mining under the listed laws outside of withdrawn areas.

H.R. 3616, the Reliable Power Act H.R. 3616, the Reliable Power Act, would restructure section 215 of the Federal Power Act to grant the Federal Energy Regulatory Commission (FERC) veto authority over other agencies’ regulations in certain circumstances. It would effectively elevate FERC’s authority over all other agencies’ statutory responsibilities. The bill would grant FERC an unprecedented veto over other agency actions while FERC’s status as an independent regulator is in serious jeopardy.

The bill grants FERC power over other agency regulations if the North American Electric Reliability Corporation (NERC) notifies FERC that the bulk-power system is in a ‘‘state of generation inadequacy.’’ This would transform NERC from a neutral arbiter of the electric sector’s reliability into a political actor, deciding when to grant FERC additional powers. NERC’s annual long-term reliability assessments would become politicized, and Congress would delegate a decision about what powers FERC should have to an industry body.

Furthermore, while NERC and its staff do an admirable job with relatively few resources, their judgment is only as good as the data inputs they receive. This recently became an issue when NERC announced that it was reclassifying the footprint of the Midcontinent Independent System Operator (MISO) from a state of high risk to a state of elevated risk later this decade, because MISO had mismatched data submitted to NERC. This episode highlights the sheer complexity of NERC’s reliability assessments, and, while useful, they are uncertain enough that they should not be used to trigger additional FERC authorities.

The majority’s report singles out the Environmental Protection Agency’s (EPA) 2024 rule on New Source Performance Standards for new, modified, and reconstructed power plants. However, the majority can hardly argue that EPA lacked information on potential reliability impacts when crafting the rule. In April 2023, a year before the rule was finalized, FERC staff from the Office of Electric Reliability met with EPA staff regarding the rule. In November 2023, FERC held a technical conference that featured EPA’s then Principal Deputy Assistant Administrator for the Office of Air and Radiation, Joseph Goffman, as a witness and included an additional two panels from electric industry stakeholders discussing the rule. Following the technical conference, EPA noticed a supplemental notice of proposed rulemaking, specifically soliciting comments on how the proposed rule related to electric reliability, and received over one hundred comments. Finally, then-FERC Commissioner James Danly himself submitted two comments on the rule to EPA.

The majority may dislike the conclusions EPA came to, but the agency’s process was undeniably thorough. EPA considered a number of factors, including electric reliability, and came to a conclusion of what was required of it under the Clean Air Act. Here, the majority seeks to upset the law without actually doing the hard work of amending agency authorizing statutes, instead simply giving the final call to FERC—an independent commission that ‘‘has no business promoting the policies of any one party or presidential administration.’’

Giving FERC the final call on regulations is even more concerning now than it was in prior administrations due to an exodus of staff over the previous nine months. The agency has lost 11 percent of its workforce since the Trump Administration took office, meaning that it will struggle to carry out its basic activities regulating the energy sector, let alone policing other agencies’ regulations. This amplifies fears that even at pre-Trump Administration staffing levels, FERC lacked the capacity to implement the bill, as the Committee heard from Dr. David Ortiz, then-Director of FERC’s Office of Electric Reliability in 2023 and FERC’s Acting General Counsel David L. Morenoff earlier this year.

At the Energy Subcommittee Markup, Rep. Diana DeGette (D– CO) offered an amendment that would have fixed this portion of the bill by preventing it from taking effect until FERC certified that it had sufficient staffing capacity to analyze all covered agency actions.10 That amendment failed on a party-line vote.

House Rules Committee
H-313 Capitol

12/15/2025 at 04:00PM

Mississippi Roundtable on Insurance Crisis

At Mary Mahoney’s Old French House in Biloxi, Mississippi, Senator Sheldon Whitehouse (D-RI), Ranking Member of the Senate Environment and Public Works Committee (EPW), will join the Mississippi NAACP State Conference to host community leaders to highlight how more frequent extreme weather is increasing out-of-pocket insurance costs for families and making it harder to obtain coverage along the Gulf Coast.

In Mississippi, rising sea levels, intensifying storms, more extreme precipitation, and increasing flood risk are making it harder for residents to afford and obtain homeowners’ insurance. Mississippi Today recently reported that the echoes of Hurricane Katrina and heightened climate risks have caused insurance companies in the state to raise rates or pull out of the marketplace altogether.

Last Congress, the Senate Budget Committee under then-Chairman Whitehouse obtained national county-level non-renewal data and published a first-of-its kind public dataset and accompanying staff report exposing instability in insurance markets across the country. According to the data obtained by the Budget Committee, Mississippi ranks sixth in the nation for insurance non-renewals. Mississippi insurance premiums are the seventh highest in the nation, averaging nearly $5000.

Nationwide, a dual crisis in insurance affordability and availability threatens to destabilize the entire US economy. Without access to insurance, more Americans will be unable to secure a home mortgage, which risks undermining property values and cascading into a 2008-style economy-wide shock. Earlier this year, Federal Reserve Chairman Jerome Powell testified to Congress that it will soon become impossible to obtain insurance or a mortgage in certain coastal and fire-prone regions of the country, and research has estimated that extreme weather could erase $1.4 trillion in real estate value by 2055 due to insurance pressures and shifting consumer demand from the highest-risk places.

Ranking Member Whitehouse’s trip to Mississippi will be the latest in a series of visits to communities that are on the front lines of the insurance crisis. He has previously met with residents in North Carolina, Texas, and Florida.

Mary Mahoney’s Old French House
110 Rue Magnolia
Biloxi, MS 39530

Senate Environment and Public Works
Mississippi
12/12/2025 at 01:00PM