Tribal Consultation

Senate votes today on future of permitting reform bill

A busy weekend for BAAJA included new amendments and White House support. Tribes and progressives remain opposed


Sens. Sheldon Whitehouse (D-R.I.) and Martin Heinrich (D-NM) hold a press conference regarding new amendments to the Bipartisan American Affordability and Jobs Act of 2026.
Sens. Sheldon Whitehouse (D-R.I.) and Martin Heinrich (D-NM) hold a press conference regarding new amendments to the Bipartisan American Affordability and Jobs Act of 2026, Nov. 9, 2026. (Screenshot, Senate Energy Dems YouTube)

A process vote this afternoon in the United States Senate will be the first test for the controversial Bipartisan American Affordability and Jobs Act of 2026, which seeks robust permitting reform on public lands for energy development. Sponsors of the bill said at a press conference Monday morning that they are confident they have at least 60 votes to move the proposal forward to a full vote in the Senate. Opposition remains firm from a coalition of tribes, environmental groups and Democratic House leaders who want to see the bill move through a new Congress next year.

Senators convene at 3 p.m. EST, and the motion on BAAJA could happen at least 30 minutes later.

Sens. Martin Heinrich (D-NM) and Sheldon Whitehouse (D-R.I.) said amendments to the bill made over the weekend address concerns about tribal sovereignty and data center construction. They also said that support from President Donald Trump in a social media post will help their efforts if the bill passes the Senate and goes to the House. Heinrich and Whitehouse co-sponsored the bill with Republican Sens. Shelley Moore Capito from West Virginia and Mike Lee from Utah, who did not appear at Monday’s press conference.

“On tribal consultation, I've heard directly from tribal leaders about the importance of having a meaningful voice on decisions that affect their communities and affect their ancestral lands,” Heinrich said during a press conference Monday morning. “We worked to strengthen that dramatically in this manager’s amendment.”

During a press conference at the Indian Gaming Association in Washington D.C., opponents said the bill should be addressed by the new Congress and that the amendments would still weaken the National Historic Preservation Act, a vital law that tribes rely on to protect sovereignty for sacred sites.

The press conference followed a statement opposing the bill that was released on Sunday and signed by 11 tribal interests groups, including the Association of American Indian Affairs, Great Plains Tribal Chairman Association, All Pueblo Council of Governors, National Association of Tribal Historic Preservation Officers and the National Congress of American Indians.

“BAAJA forces a false choice between building infrastructure and protecting Tribal sacred places, waters, and ancestral lands,” the statement said.

A rally against BAAJA organized by 106 Strong Coalition is planned to take place outside the U.S. Capitol today at 12:30 p.m. EST.

Corrections

This story originally misidentified Shelley Moore Capito as a senator from Wyoming. She represents West Virginia.

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