Here at FSEEE we are hopeful that next Tuesday’s election results will push back against cronyism and patronage in the federal government and against commodification and privatization of public lands and resources. We also recognize that regardless of the outcome, our work will continue. Unfortunately, malevolent and misguided bills are advancing through Congress with bipartisan support. These bills contain provisions undercutting environmental reviews, public engagement, sound science, and judicial oversight.
Under the guise of routine “permitting reform,” the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA, Senate Bill 5653) fast-tracks industrial development (including data centers), energy infrastructure, and resource extraction, while stripping communities and forest stewards of their voice. Specifically, BAAJA:
- Guts NEPA and Public Scoping. BAAJA severely curtails National Environmental Policy Act (NEPA) reviews, setting arbitrary deadlines, capping document lengths, and vastly expanding categorical exclusions (CEs). This removes science-based analysis and cuts public participation out of federal land decisions.
- Silences Judicial Review. The bill imposes strict statutes of limitations and restricts injunctive relief, making it nearly impossible for conservation organizations, local communities, and citizens to challenge illegal or destructive projects in court.
- Weakens Water and Wildlife Protections. By weakening Clean Water Act permitting standards and circumscribing Endangered Species Act (ESA) consultations, BAAJA prioritizes rapid industrial approval over clean watersheds and threatened species.
- Damages Ecosystems. Framing environmental safeguards as mere administrative red tape, the bill exposes sensitive forest ecosystems, wildlife corridors, and public watersheds to unchecked industrial buildout without long-term accountability.
As Congress prepares for post-election negotiations on the 2026 Farm Bill (titled Agricultural Act of 2026, Senate Bill 5526), public land protections hang in the balance. The House-passed draft (titled Farm, Food, and National Security Act of 2026, House Bill 7567) includes sweeping anti-environmental provisions under Title VIII (Forestry) that undermine science-based land management, water safety, and wildlife protections across our National Forest System. The House version (H.R. 7567):
- Creates Mass NEPA Exemptions. This version aggressively expands statutory CEs up to 10,000 acres, bypassing science-based environmental review, public notice, and community participation on public lands.
- Degrades Watersheds and Water Quality. A blank-check exemption shields aerial fire retardant from Clean Water Act (CWA) oversight, exposing forest streams to chemical and heavy-metal runoff without enhancing wildland firefighter safety or demonstrably improving the outcomes of wildfire suppression.
- Constrains Beneficial Fire. Rigid 24-hour suppression mandates strip forest managers and fire scientists of the operational flexibility required to manage natural fire for ecological health.
- Guts ESA Consultations and Environmental Remedies. By eliminating required ESA Section 7 consultation updates at the land management plan level and weakening judicial remedies, the bill severely weakens protections for imperiled species and forest ecosystems.
Both the 2026 Farm Bill and BAAJA are now pending in the Senate.
Please take action. Contact your Senators — before and after the election — and urge them to:
- Reject all Farm Bill Title VIII provisions that gut NEPA, weaken the CWA and ESA, and undermine science-driven management on our public lands.
- Vote no on the BAAJA permitting reform bill.
Call the Capitol Switchboard at 202-224-3121 to be connected directly to your Senators’ offices.
Thank you for standing for public lands!
