Oppose the BAAJA: Protect Tribal Sovereignty and Consultation Rights
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Oppose the Bipartisan American Affordability and Jobs Act of 2026. A Senate vote is expected November 9, and input must be received by October 23. This bill would gut Tribal Nations' ability to participate as sovereign governments in permitting decisions that directly affect their lands, waters, and cultural heritage.
The BAAJA imposes shorter review timelines and narrower definitions of what triggers a review under NEPA, the Clean Water Act, the Endangered Species Act, and the National Historic Preservation Act. It curtails Tribal consultation requirements, strips protections for sacred places and cultural resources, and limits Tribal Nations' ability to challenge harmful projects in court. Nine Tribal organizations, including the Native American Rights Fund, formally opposed the NHPA title in a joint letter to Senate leadership on October 9, 2026.
Tribal Nations have been consistent, good-faith partners in permitting processes. Permitting reform should be developed in collaboration with Tribal Nations, not imposed over their objections. Vote no on the BAAJA.