Overview:
National Congress of American Indians President Mark Macarro says revisions to the Bipartisan American Affordability and Jobs Act of 2026 fail to address fundamental concerns about tribal sovereignty and consultation.
A bipartisan group of U.S. senators has released a substitute amendment to legislation intended to streamline federal permitting, lower energy costs and create jobs.
However, the proposed changes have done little to ease concerns among tribal leaders who say the legislation threatens tribal sovereignty and diminishes the role of Tribal Nations in federal decision-making.
U.S. Senators Martin Heinrich (D-N.M.), ranking member of the Senate Energy and Natural Resources (ENR) Committee; Sheldon Whitehouse (D-R.I.), ranking member of the Senate Environment and Public Works (EPW) Committee; Shelley Moore Capito (R-W.Va.), chairwoman of the EPW Committee; and Mike Lee (R-Utah), chairman of the ENR Committee, released the substitute amendment to the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA) on Saturday.
The amendment includes clarifying, conforming and technical changes intended to reflect feedback received since the legislation’s introduction in September. The legislation is designated S. 5653.
The bill’s amendment comes on the heels of a virtual press conference Friday, during which tribal leaders voiced their opposition to the passage of BAAJA.
Despite the revisions, National Congress of American Indians (NCAI) President Mark Macarro told Native News Online that the changes do not adequately address Tribal Nations’ concerns.
Macarro strongly criticized both the substance of the legislation and the process being used to advance it during the lame-duck session of Congress.
“First, the premise that Tribes, Tribal sovereignty, and Tribal decision-making are impediments to federal permitting is a fallacy. Tribal Nations, when at the table early in the planning and design process, are key to successful project outcomes.
“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.
“An amendment of this magnitude demands regular order, which would allow deliberation and meaningful consultation with Tribes. But the process of 5653 in this lame duck session is a rush job and insulting to sovereign Tribal Nations. They are selling out the Tribal Nations for green energy,” Macarro said in an email to Native News Online on Saturday.
Heinrich defended the revised legislation, saying the substitute amendment incorporates feedback from Tribal Nations and New Mexicans while addressing energy affordability.
“I’ve worked hard to incorporate the feedback we’ve heard from Tribes and New Mexicans into this Substitute Amendment, and I’m proud to join my colleagues in releasing it today. The Bipartisan American Affordability and Jobs Act will help lower energy costs, strengthen Tribal consultation, and create more good-paying jobs,” Heinrich said.
He added that the legislation would require data centers to pay for the electricity they consume and the grid upgrades needed to support their operations, rather than shifting those expenses to households.
“It also makes sure data centers pay for the energy they use and the grid upgrades they cause, instead of passing those costs on to New Mexico families. Americans can’t afford to wait for lower electricity prices. We need to pass this bill now,” Heinrich said.
Whitehouse also emphasized the bipartisan effort behind the legislation and the feedback received from lawmakers, environmental and labor organizations, and Tribal leaders.
“I’m grateful for the input throughout this process from Senate and House colleagues, environmental and labor organizations, and Tribal leaders. Our manager’s amendment improves BAAJA and addresses the thoughtful feedback we have received,” Whitehouse said.
“Now’s it’s time to pass this bill so we can lower costs, juice the clean energy economy, build big things again in America, reduce pollution, and create tons of new well-paying union jobs,” he added.
The disagreement highlights a fundamental divide over federal permitting reform: while the legislation’s supporters argue that changes are needed to accelerate energy development, lower costs and expand infrastructure, tribal leaders continue to question whether the proposed approach adequately protects Tribal Nations’ sovereign authority.
For Macarro and NCAI, the issue extends beyond technical changes to permitting requirements. It is about whether Tribal Nations will have a meaningful voice in decisions affecting their lands, resources and communities.
NCAI maintains that Tribal Nations must be engaged early in the planning and development of projects, with their sovereignty and decision-making authority respected throughout the federal permitting process.
