Pueblo leaders and New Mexico lawmakers warn the proposed energy permitting legislation threatens cultural sites and undermines historic tribal protections.
U.S. Sen. Martin Heinrich, D-N.M., is urging lawmakers to pass the Bipartisan Affordability and Jobs Act, with a Senate vote expected Monday night.
The legislation, also referred to by lawmakers as BAAJA, aims to accelerate approval processes for new power plants and transmission lines. It would also require large data center operators to help cover the financial cost of power grid upgrades.
Heinrich advocated for the bill Monday morning, stating that it would hold data center operators accountable by “forcing big corporations to pay their full share instead of pushing costs on the consumers.”
Heinrich added that the measure would provide a boost for the nation’s workforce by creating “100,000 trades and manufacturing jobs, good-paying jobs that workers can be certain will be around.”
According to Heinrich, the legislation would also cut power sector emissions by up to 20% over the next decade, “meaning cleaner air, healthier communities, and fewer health care costs.”
Addressing concerns raised by Native American nations, Heinrich said recent amendments ensure tribes will have an equal seat in the process.
“Federal agencies will be required, and shall consult, not may consult, early with tribes on projects that will affect important cultural sites,” Heinrich said, emphasizing that mandatory tribal consultation is part of every step of the proposed process.
“I’ve heard directly from tribal leaders about the importance of having a meaningful voice,” Heinrich said.
However, several tribal leaders oppose the bill, expressing concern that the legislation could come at the expense of historic preservation and tribal rights. Opponents contend the act would override sections of the National Historic Preservation Act, which requires federal agencies to consult with tribal nations before federal projects proceed.
Tribal council members, including Acoma Pueblo Gov. Charles Riley and San Ildefonso Pueblo Gov. Christopher Moquino, traveled to Washington, D.C., to speak with lawmakers about their opposition to the bill
“We would like that bill killed today,” Riley said.
Tribal leaders stated that recent amendments made to the bill fail to address their concerns, noting that tribes were excluded during the drafting process.
“This draft legislation never had one hearing in the process,” Moquino said during a Zoom interview from Washington.
Moquino added that hundreds of tribal nations across the country are working to persuade lawmakers from all parties to alter course.
“We’re crossing the lines when it comes to any type of Republican, Democrat or Independent. We’re doing as much as we can,” Moquino said. “If this bill should move forward, not only will tribal nations feel the effect, but I think the environment as a whole will feel the effect and can take decades to reverse if passed.”
Riley said analyzing the bill and submitting proposed edits on short notice has proven difficult.
“The amendments, we only received a day ago. It is way too much for us to comment on it and to really go through that bill and make sure that it meets tribal needs,” Riley said. “It’s far too voluminous for us to do that in a short amount of time. So even if we were to state a few things, we would never get everything that we want changed.”
Other New Mexico officials have also voiced opposition to the measure.
U.S. Rep. Teresa Leger Fernandez issued a written statement criticizing the proposal, writing that “the legislation would still give ‘sole discretion’ to the Trump administration to determine whether a sacred or historic site deserves protection. It would even restrict federal courts from overturning destructive projects – including data centers, mining, and fossil fuel projects.”
Governor-elect Deb Haaland also released a statement opposing the bill.
“I stand with the tribal nations in New Mexico and across the country, who have warned that this legislation denies tribes meaningful consultation and weakens their ability to protect culturally significant sites,” Haaland said.
