The U.S. Senate on Monday advanced a permitting reform package despite sustained opposition from tribal leaders who warn it could weaken consultation protections and threaten culturally significant sites.
The Bipartisan American Affordability and Jobs Act, or BAAJA, cleared a procedural hurdle Nov. 9 when the Senate voted 73-25 to invoke cloture and begin debate on the measure, according to Senate records.
Introduced Sept. 30 by Sens. Shelley Moore Capito, (R-W.Va.), Mike Lee, (R-Utah), Sheldon Whitehouse, (D-R.I.), and Martin Heinrich, (D-N.M.), the bill would overhaul federal permitting processes for energy, transmission, mining and other infrastructure projects while requiring large data centers to bear more of the costs associated with grid upgrades needed to serve them. Sponsors say the legislation would lower energy costs, accelerate project development and create jobs.
The measure advanced over intense tribal opposition. Tribal governments and Native advocacy organizations have argued the legislation could weaken government-to-government consultation and alter long-standing historic preservation reviews. Much of that criticism has centered on proposed changes to Section 106 of the National Historic Preservation Act, which requires federal agencies to consider effects on historic properties and cultural resources, according to Tribal Business News’ reporting on the proposal.
The All Pueblo Council of Governors, representing 20 Pueblos in New Mexico and Texas, condemned Monday’s vote, saying Pueblo leaders watched from the Senate gallery after delivering their unanimous opposition to congressional offices. “Nobody consulted the Pueblos before this bill was written, and the changes made since don’t fix that,” council Chairman Joey Sanchez of the Pueblo of Santa Ana said in a statement.
“This is such an existential threat to Indian country,” Mark Macarro, president of the National Congress of American Indians, said, according to The Guardian.
Tribal advocates say those concerns extend beyond historic preservation. During a Nov. 6 press conference, tribal leaders argued the legislation would weaken the federal government’s obligation to consult tribes on projects affecting their communities, according to Tribal Business News’ previous reporting.
Environmental groups including Earthjustice, the Sierra Club and the American Civil Liberties Union have also opposed the legislation, contending it would weaken environmental review requirements while accelerating approval of major infrastructure projects.
According to Reuters, Heinrich and Whitehouse argued that revisions released before Monday’s vote addressed many of the concerns raised by tribes, utilities and environmental organizations while preserving the legislation’s goal of reducing energy costs.
In a Nov. 8 joint statement, 11 tribal organizations urged Congress to delay the legislation until the next Congress can conduct meaningful tribal consultation.
If lawmakers proceed, the organizations said, they should remove the bill’s historic preservation provisions, grouped under Title III. Those provisions would change the Section 106 review process, through which federal agencies assess projects’ effects on historic properties and consult tribes about culturally significant places.
