ACT NOW: Senate permitting reform bill negatively impacts Tribes

October 20, 2026

If your Tribal Nation is interested in sharing your view on the BAAJA to your respective Senators, time is of the essence. A Senate vote is scheduled for November 9 but the earlier input is received, 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.

Read the full analysis of Tribal impacts of S. 5653 >>

RESOURCES & ANALYSIS

JOINT LETTER FROM TRIBAL ORGANIZATIONS

In an October 9, 2026, joint letter to Senate leadership, nine Tribal organizations, including NARF, urged Congress to remove provisions of BAAJA that would weaken Tribal consultation and protections for sacred places and cultural resources. The letter calls for permitting reforms developed in collaboration with Tribal Nations that respect Tribal sovereignty, protect cultural heritage, and support infrastructure development.

READ JOINT LETTER (PDF) →

MYTHS VS. FACTS

This analysis examines nine claims made by supporters of the Bipartisan American Affordability and Jobs Act (BAAJA) and compares them with the bill’s actual language. Read how the proposed changes could weaken Tribal consultation, narrow protections for sacred places, undermine Tribal Historic Preservation Offices, and limit Tribal Nations’ ability to challenge harmful projects in court..

READ MYTHS VS. FACTS (PDF) →

CLEAN WATER ACT ANALYSIS

BAAJA’s proposed changes to the Clean Water Act’s Nationwide Permit program would weaken environmental protections and oversight. The bill would also expand the types and sizes of projects eligible for streamlined permitting, limit consideration of impacts on Tribal waters and resources, and make it harder to challenge potentially unlawful permits in court.

READ ANALYSIS (PDF) →