A large energy permitting bill is moving through the U.S. Senate, and tribal leaders from around the country are speaking out against it. They say the bill would weaken the government’s duty to consult with tribes and make it harder to protect sacred places.

What the bill is

The bill is called the Bipartisan American Affordability and Jobs Act of 2026 (S. 5653). It was introduced in September by Senators Martin Heinrich (D-N.M.), Sheldon Whitehouse (D-R.I.), Shelley Moore Capito (R-W.Va.), and Mike Lee (R-Utah).

Supporters say it will speed up federal reviews for energy and infrastructure projects, lower energy costs, and create jobs. It covers both clean energy and fossil fuel projects, and it would require data centers to pay for the power and grid upgrades they use. To do this, it makes changes to several major laws, including the National Environmental Policy Act, the Clean Water Act, the Endangered Species Act, and the National Historic Preservation Act.

Why tribal leaders are worried

The biggest concern is Section 106 of the National Historic Preservation Act. That section is what requires federal agencies to consult with tribes when a project could affect places of cultural or religious importance. Many of those places sit outside reservation boundaries, so Section 106 is often the main tool tribes have to protect them. Critics say the bill narrows which projects get that review.

Opponents also say the bill limits court review of projects. They warn this could open public lands to uranium mining, oil and gas pipelines, and large data centers with fewer checks.

Tribal leaders also object to how the bill was written. They say tribes were not consulted, no hearings were held before it was introduced, and it is being rushed through in the last weeks of the session.

Who is speaking out

• Mark Macarro (Pechanga Band of Indians), President of the National Congress of American Indians, called the bill an existential threat to tribal religion, culture, and homelands. He says the bill treats tribal sovereignty as an obstacle, when bringing tribes in early actually leads to better projects.
• Joey Sanchez, chairman of the All Pueblo Council of Governors, said his council is sending leaders to Washington to urge senators to vote no.
• Daniel Cordalis, a Navajo Nation citizen and attorney with the Native American Rights Fund, said the bill would roll back rights that tribes fought hard to win and cut tribal governments out of federal decisions.
• Rep. Teresa Leger Fernández (D-N.M.) said she supports permitting reform to bring down energy costs, but not a version that gives up tribal consultation.

The changes so far

On November 7, the sponsors released a revised version of the bill. Sen. Heinrich says it strengthens tribal consultation and now requires agencies to consult tribes on projects that affect important cultural sites. NCAI says the changes don’t fix the core problems and that the bill still reduces tribal sovereignty.

Where it stands

On November 9, the Senate voted 73 to 25 to take up the bill. That is not final passage. It still needs more Senate action and a vote in the House. President Trump has said the bill isn’t fully negotiated yet, and House Democratic leader Hakeem Jeffries has said it falls short in several areas.

Why it matters here

Tribes in Michigan and across the Great Lakes rely on consultation to have a voice when pipelines, mines, power lines, and other big projects come near their lands, waters, and sacred sites. Any change to how that consultation works affects every tribal nation, not just those in the West. If you want to weigh in, now is the time to contact your senators and your tribal council.

Learn more: Native News Online: tribal leaders warn about the bill · Native News Online: opposition continues after changes · ABC News: Senate advances the bill