Press Release: New Mexico and National Tribal Organizations and Allies Oppose BAAJA, Urge Protection of Tribal Sovereignty and Sacred Places

FOR IMMEDIATE RELEASE

October 24, 2026

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Emerald Sage, Sovereign Energy, emerald@sovereignenergy.org, 443-952-1114

New Mexico and National Tribal Organizations and Allies Oppose BAAJA, Urge Protection of Tribal Sovereignty and Sacred Places

Joint letter calls on New Mexico’s congressional delegation to oppose the Bipartisan American Affordability and Jobs Act of 2026 (S. 5653) and protect Tribal sovereignty, New Mexico’s waters, sacred places, public lands, and communities.

Santa Fe, New Mexico––On October 23, Sovereign Energy and a diverse group of more than 50 Indigenous, allied, national, and local groups signed on to a letter sent to the New Mexico congressional delegation opposing the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA), S. 5653 as introduced. 

The bill proposes drastic changes to the federal permitting process to expedite environmental review and facilitate quicker project approvals for clean energy, extractive development, and data centers. In its current form, the BAAJA would allow federal project permits to be approved indefinitely, preventing future administrations from revoking them, even if they are found to be unlawful. To expedite the process, the bill severely limits opportunities for public and broader stakeholder participation, preventing people from having a say in project development.

The letter identifies the bill’s consequences as devastating across New Mexico—from Greater Chaco and Mount Taylor to the Pecos watershed, and from acequia and land grant communities to neighborhoods confronting large-scale data center development.

“Tribal Nations are not adversaries to America’s clean energy progress. Rather, many Tribes are to credit for much of the advancement and expansion of clean energy infrastructure in the United States and the country’s geopolitical standing,” said Mayane Barudin, Sovereign Energy’s Executive Director. “Tribes must remain a central part of any decisions made to public land and sacred sites, to ensure projects are carried out in a culturally, socially, and environmentally-minded way. This is how we ensure a just transition.”

In terms of specific threats to Tribes, the BAAJA undermines Tribal sovereignty and self-determination, government-to-government consultation, and engagement in federal project processes by proposing that

• Federal law and agencies define sacred places, not Tribal Nations themselves. 

• Consultation is discretionary when agencies first identify affected places and set the review area.

• Agencies can proceed when Tribes miss specified 30-day response windows, without requiring agencies to revisit earlier findings if a Tribe later rejoins

• Definitions of what constitutes a covered project and effects are narrowed and adds an event-based definition of places of traditional religious or cultural importance.

• Tribal Historic Preservation programs could face suspended grants or agreements if found out of compliance, including for regularly missing consultation timelines

The All Pueblo Council of Governors and many other Tribal entities outside of the letter's signatories have opposed the bill, raising concerns about its impact on sacred site protection under the National Historic Preservation Act.

“Tribal sovereignty is not a bargaining chip for faster project approvals. Any permitting reform must honor the federal government’s trust responsibility to Tribal Nations and uphold our inherent authority to identify our sacred places. Congress cannot claim to respect Tribal sovereignty while weakening the protections that give our Nations a meaningful voice and a means to prevent irreversible harm to our waters, lands, and cultural heritage,” said Marissa Naranjo, Sovereign Energy’s Deputy Director.

The letter requests Congress:

• Oppose BAAJA as introduced. Withhold support unless its threats to Tribal sovereignty, environmental protection, and community participation are fully addressed.

• Remove Division B Title III. Reject harmful environmental-review and court-remedy restrictions elsewhere in the bill as well.

•  Preserve clean-water authority. Protect Tribes’ and states’ ability to require safeguards and deny certification when water-quality requirements cannot be met.

• Consult before rewriting protections. Work directly with Tribal governments and meaningfully engage acequia, land grant, rural, and other affected communities.

• Invest in effective permitting. Provide sustained staffing and funding for Tribal and state preservation offices and federal agencies, with early coordination and enforceable protections.

A “Pull the Plug on AI” student and community walkout and march is planned for Tuesday, October 27 at 12pm, from the University of New Mexico to Senator Martin Heinrich’s office at 1:30pm. The demonstration will highlight community concerns about large-scale data center development and the potential implications of BAAJA for environmental review, water resources, sacred places, Tribal sovereignty, and meaningful public participation in federal decision-making.

The Senate is scheduled to vote on a motion to proceed with the Bipartisan American Affordability and Jobs Act (BAAJA) on November 9, 2026. Many groups and community leaders have called for concerned citizens to contact their representatives. A coalition of Tribal entities, governments, and allied nonprofits scheduled a rally in Washington, D.C on November 9th to protest the bill. Learn more here.

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Sovereign Energy was founded in 2021, recognizing Indigenous voices and leadership as paramount to a just and equitable energy future. The legacies of energy extraction, exploitation, and political barriers to Tribal energy self-determination continue to disrupt and cause harm to Indigenous communities and Tribal Nation building. Sovereign Energy works across the Southwest with Tribal governments and Indigenous Communities to change this paradigm, foster a resilient energy future, create meaningful action toward energy goals, and ignite reparations for injustices caused by harmful energy development practices. To fulfill our mission of advancing Tribal energy self-determination, we champion equitable access to reliable energy and advocate for the protection of sacred sites from energy projects that do not fully engage or respect Indigenous communities.