A bipartisan bill to speed federal approval of energy and infrastructure projects faces tribal opposition over protections for sacred and historic sites, as the Senate prepares for a procedural vote Monday, Nov. 9.
The bill’s Senate negotiators released a substitute amendment Saturday that would drop a proposed federal takeover requirement for tribal historic preservation programs and revise consultation procedures. Sponsors say the changes reflect feedback from tribes and other stakeholders.
The Bipartisan American Affordability and Jobs Act of 2026, S. 5653, would shorten project reviews, expand electric transmission and provide greater certainty for approved projects. Sponsors say those changes would encourage investment and lower energy costs. Tribal organizations opposing the original bill say it would weaken their influence over development affecting culturally significant places.
Sens. Shelley Moore Capito, R-W.Va., Mike Lee, R-Utah, Martin Heinrich, D-N.M., and Sheldon Whitehouse, D-R.I., introduced the legislation Sept. 30 and jointly announced the proposed revisions Nov. 7. A Heinrich spokesperson confirmed Sunday that a cloture vote is scheduled for Monday.
For tribes, a central issue is Section 106 of the National Historic Preservation Act. It requires federal agencies to consider effects on historic properties and consult tribes about places of religious or cultural significance, including those outside reservation boundaries.
The original bill would narrow which projects undergo review, impose deadlines and restrict judicial review. It also would require the interior secretary to assume some or all of a tribal historic preservation officer’s functions if a program remained out of compliance after a two-year correction period.
Wizipan Garriott, president of NDN Collective and a Rosebud Sioux Tribe citizen, criticized that takeover provision in an interview with Tribal Business News earlier this week.
“Basically, you’d have a federal official telling another federal official what is important and what is not important to a tribe,” Garriott said.
The proposed amendment would remove that requirement, provide technical assistance for tribal preservation programs and give tribes more time to raise objections during project reviews, according to a Senate Democratic committee staff summary.
National Congress of American Indians President Mark Macarro said the revisions failed to resolve the organization’s concerns.
“Any amendments to S. 5653 merely puts lipstick on a pig. This bill is rotten from the inside and there is no fixing the rot. Tribal sovereignty continues to be diminished in this bill,” Macarro said in a Saturday email to Native News Online, the sister publication of Tribal Business News.
Macarro also argued that involving tribes early in project planning improves outcomes. Tribal leaders had outlined their opposition to the legislation at a virtual press conference Friday.
In the senators’ joint statement, Heinrich said he worked to incorporate feedback from tribes and New Mexicans. He said the revised bill would strengthen tribal consultation while lowering energy costs and requiring data centers to cover the grid upgrades they cause.
Rep. Sharice Davids, D-Kan., urged lawmakers Friday to advance reform while strengthening tribal protections.
“Passing this bill cannot come at the expense of Tribal sovereignty and the federal trust responsibility,” Davids, an enrolled member of the Ho-Chunk tribe, said in a Nov. 5 statement.
