If your Tribal Nation is interested in sharing your view on the BAAJA to your respective Senators, time is of the essence. While a Senate vote is not scheduled until November 9, we understand input must be received by October 23, and earlier the better. Find congressional contact information below.
The Senate Bipartisan American Affordability and Jobs Act of 2026 (BAAJA) is a permitting reform bill designed to accelerate federal environmental reviews and expedite project approvals. The bill proposes significant changes to foundational environmental laws — including NEPA, the Clean Water Act, the Endangered Species Act, and the National Historic Preservation Act — as well as amendments to energy permitting, including the Federal Power Act regarding hydropower permitting. By imposing shorter review timelines and narrower definitions of what triggers a review, BAAJA reduces critical federal oversight and participation.
The bill has significant impacts on the ability of Tribal Nations to participate meaningfully in permitting issues that can effect their land, water, and cultural interests. The BAAJA severely weakens Tribal opportunities to engage as sovereign governments, curtails Tribal consultation requirements, and restricts access to legal recourse in court. A large coalition of Tribal organizations has formally opposed the entire NHPA title.
From NARF’s analysis of the bill:
The BAAJA creates very difficult implementation frameworks and reduces critical federal oversight and federal participation in project permitting, essential elements for Tribal Nations to effectively participate in the permitting process. Tribal Nations have consistently been good partners through permitting, yet the BAAJA attempts to strip Tribes of the limited opportunities they currently have to engage as sovereign governments in project permitting, even going so far as to stripping cultural protection and Tribal participation in the NHPA.
Key Offices:
- Sen. Heinrich (D-NM, bill sponsor), (202) 224-5521
- Sen. Whitehouse (D-RI, bill sponsor), (202) 224-2921
- Sen. Murkowski, (R- SCIA Chair), (202) 224-6665
- Sen. Schatz (D-HI, SCIA Vice Chair), (202) 224-3934
Key Committees:
Senate Environment and Public Works Committee (originating committee)
Staff:
- Dan Dudis, dan_dudis@epw.senate.gov
- Bill Dauster, bill_dauster@epw.senate.gov
- Pierce Wiegard, pierce_wiegard@epw.senate.gov
- Adam Tomlinson, adam_tomlinson@epw.senate.gov
Senate Energy and Natural Resources Committee (originating committee)
Staff:
- Jasmine Hunt, jasmine_hunt@energy.senate.gov
- Sam Fowler, sam_fowler@energy.senate.gov;
- Maya Hermann, maya_hermann@energy.senate.gov
Senate Committee on Indian Affairs
Staff:
- Jennifer Romero, Jennifer_Romero@indian.senate.gov
- Darren Modzelewski, Darren_Modzelewski@indian.senate.gov
- Amber Ebarb, amber_ebarb@indian.senate.gov
