Protect Our Voice: Tell Congress to Oppose the Bipartisan American Affordability and Jobs Act
On November 9, 2026, the Senate held a 73-25 vote to advance the Bipartisan American Affordability and Jobs Act (S. 5653), a bill that threatens to eviscerate Section 106 and silence vital community and Tribal participation. Washington Senators Maria Cantwell and Patty Murray both voted no on the motion. Now, the Senate will transition to a formal floor debate and begin considering amendments to the permitting reform bill.
Even with the amendment added on November 7, this bill still decimates Section 106 and strips the public of its voice. While the amendment offered some concessions, it leaves the worst parts of the Bipartisan American Affordability and Jobs Act intact:
- Tribal consultation is made meaningless. Current law mandates government-to-government consultation, and nothing in this bill or amendment maintains that requirement. Federal officials are no longer required to meet with Tribal leaders to protect sacred and cultural sites.
- The public is shut out. The bill still eliminates public participation. Without this protection, communities will be left completely in the dark, allowing developments like data centers and mines to damage local heritage before we even know the project exists.
- This bill fast-tracks harmful projects. By changing the legal definitions, this bill and amendment create a massive loophole that lets most projects bypass review completely.
- Effective court remedies are still eliminated. It prevents courts from blocking unlawful projects, meaning an irreplaceable historic site could be destroyed before a judge can even step in to stop it.
- States’ rights are eclipsed by federal authority. Federal agencies can greenlight projects with no input from Washington officials or residents, impacting our communities, neighborhoods, and open space.
Although senators voted to open the floor to debate, it does not mean they fully support the bill. We still need YOUR voice to help defend the National Historic Preservation Act (NHPA) and Section 106 review. Section 106 of the NHPA ensures local communities, the public, and Tribal Nations have a meaningful voice in projects impacting historic and cultural sites. Defending this process is now more critical than ever.
Contact Senator Cantwell and Senator Murray! Thank them for their recent NO vote. Encourage them to keep voting NO as additional votes are taken next week.
- Contact Senator Cantwell and Senator Murray: Urge them to vote NO on the Bipartisan American Affordability and Jobs Act (S. 5653). A direct phone script is: “Hello, My name is [Your name], and I am a constituent from [City/Zip Code]. I am calling to thank [Senator’s Name] for her initial NO vote on the Bipartisan American Affordability and Jobs Act (S. 5653). I encourage [Senator’s Name] to keep voting NO as deliberations on the bill continue. Thank you.” If you live outside of Washington State, find your senators here.
- Contact your representatives: Find your representatives here.
- Read the letter from a coalition of Tribal Organizations opposing Bill S. 5653: Tribal Organizations Urge Congress to Halt BAAJA Over Threats to Tribal Sovereignty and Sacred Places
- Stay up to date: Follow the Washington Trust, National Conference of State Historic Preservation Officers, Cultural Heritage Partners, National Congress of American Indians, and other preservation partners for updates.
- Be prepared: When the public comment period opens, be ready to send comments to the Advisory Council on Historic Preservation.
- Join the fight to defend Section 106: Visit 106Strong to discover how you can get involved.
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