Pueblo opposition centers on consultation
The ACLU said Pueblo leaders had no role in drafting the legislation, despite its proposed changes to how federal agencies consult tribal nations. The council had already unanimously adopted a resolution against the bill as introduced, Acoma Pueblo Gov. Charles Riley announced at a National Congress of American Indians press conference on October 19, 2026, according to Hill Heat. Riley said Acoma was not consulted, "as many tribes across the country were not."
Preston Sanchez, the ACLU of New Mexico's indigenous justice attorney, said BAAJA would extend a history of U.S. laws and policies weakening tribal self-government. He argued that legislation governing consultation should be developed with tribal nations, including Pueblo leaders, rather than without them.
Sanchez said the proposal would make consultation optional, narrow what qualifies as a sacred site and make legal remedies harder to obtain when protections are disregarded. In his assessment, those changes would undermine both tribal sovereignty and the federal trust responsibility.
Environmental reviews, court deadlines and sacred places
An October 16, 2026, analysis by the Native American Rights Fund (NARF) describes changes across four federal laws. It says BAAJA would rewrite the National Environmental Policy Act, the Clean Water Act and the Endangered Species Act while substantially cutting the National Historic Preservation Act.
Under the bill as introduced, required consultation under Section 106 of the National Historic Preservation Act would become discretionary and subject to deadlines, according to the NARF analysis and Riley. Tribes would have 30 days to respond after an agency begins its review. Permit challenges in court would be subject to a 150-day filing deadline.
The ACLU also warned that BAAJA would reduce the time available for public comment and deprive tribal communities of their right to use the courts to stop unlawful projects. It said the measure would sharply constrain tribes' ability to safeguard their waters and weaken protections for cultural resources.
Sanchez identified Mount Taylor, the Greater Chaco landscape, the Caja del Rio and the Rio Grande as places Pueblo people continue to use for ceremonies. Threats to those places, he said, also threaten Indigenous religious freedom and ways of life.
At a November 6 virtual press conference organized by the conservation nonprofit Earthjustice, National Congress of American Indians President Mark Macarro called BAAJA "such an existential threat to Indian Country," Native News Online reported. He emphasized that many cultural and religious sites are outside reservation boundaries, making Section 106 crucial to their protection.
Heinrich defends the bill as other lawmakers object
The ACLU urged Sen. Martin Heinrich to heed New Mexico's tribes and Pueblos. Heinrich, a BAAJA cosponsor and the ranking member of the Senate Energy and Natural Resources Committee, added a provision restricting data center developers from passing energy rate hikes on to customers, according to an Albuquerque Journal report published October 27, 2026.
A Heinrich spokesperson offered a different assessment of the consultation provisions, saying the bill "defends against the Trump administration's efforts to make all tribal consultation discretionary and eliminate consultation altogether on cultural landscapes." The spokesperson also said Heinrich was open to amendments.
Addressing Heinrich's early departure from an All Pueblo Council of Governors meeting during a closing prayer, the spokesperson described the incident as a misunderstanding and said the senator had to leave at 1 p.m.
Two New Mexico House members have also objected to the legislation. Rep. Teresa Leger Fernández, a Democrat, said she opposes BAAJA. Fellow Democratic Rep. Melanie Stansbury said she "cannot support this bill in its current form" because it undermines tribal sovereignty and consultation.
As of November 6, the Senate was scheduled to vote on BAAJA on Monday, November 9, 2026, according to Native News Online.
