10/30/2026
The Bipartisan American Affordability and Jobs Act of 2026 (BAAJA) proposes significant changes to the National Environmental Policy Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA). With the full U.S. Senate scheduled to hold a critical vote on the bill on November 9, 2026, it is vital for California's environmental professionals to closely evaluate these shifting federal frameworks.
In response to these sweeping changes, the Society for California Archaeology (SCA) is getting the message out, ensuring the broader environmental and cultural resources community has the tools to let their voices be heard. While BAAJA has a laudable goal of streamlining the federal review process for major federal actions subject to NEPA, the approach advocated by the bill appears to circumvent the intended goal of NEPA to ensure federal agencies evaluate and consider the environmental impacts of their proposed actions before making final decisions. More specifically NEPA requires “federal agencies to integrate environmental values into their planning processes by studying potential consequences and alternatives.” It is vitally important that the collective knowledge and experience of the over 155,000 practicing environmental professionals in the United States be considered in relation to the bill.
Key provisions under consideration include:
• Narrower Scope of Environmental Review: Limits which projects qualify as a “major federal action” subject to NEPA, narrows what triggers historic preservation reviews under Section 106, reduces the analysis of environmental effects and alternatives, thus potentially limiting or avoiding federal review and resulting in the permanent loss of physical objects, buildings, structures, sites, districts, or landscapes that hold proven importance in local, state, or national architectural, engineering, or cultural achievements of the United States and indigenous people.
• Rigid Statutory Deadlines: Mandatory, compressed timelines for completing environmental assessments under NEPA and consultations under Section 106, potentially truncating vital data-gathering and collaborative planning workflows and the inadvertent loss of significant cultural and tribal cultural resources due to the inability to complete due diligence investigations.
• Increased Federal Oversight on State Historic Preservation Officers (SHPOs) and Tribes: Provisions provide a small increase in federal funding but also add mechanisms for the funding to be removed and, in the case of tribes, allows the federal government to take over tribal programs in certain cases.
• Procedural Restrictions: Provisions that tighten constraints on judicial reviews and limit court remedies, potentially allowing infrastructure projects to proceed while agencies correct administrative deficiencies that would deny stakeholders of one of their core rights pursuant to NEPA. Public accountability in NEPA is a core mechanism that forces federal agencies to evaluate, disclose, and take responsibility for the environmental consequences of their actions before projects move forward.
What Can You Do?
If you wish to voice your professional perspective on how these reforms will impact environmental review and cultural heritage in California, consider the following actions ahead of the November 9 vote:
• Contact California’s U.S. Senators: Reach out to Senator Alex Padilla and Senator Adam Schiff to share your perspective on federal review participation and resource safeguards. You can also contact the Senate switchboard directly at (202) 224-3121.
• Coordinate with Tribal Elders and Tribal Historic Preservation Offices: Share with Tribal Elders and Tribal Historic Preservation Officers the potential for accelerated loss of significant cultural resources that would result from the proposed “streamlining.”
• Talk with Local Officials and Partners: Brief your city or county councils, planning staff, and community leaders about how compressed federal timelines or review exemptions might impact environmental compliance and regional heritage management.
• Engage Your Networks: Share this joint update with colleagues, professional networks, and community groups to foster informed dialogue regarding these proposed regulatory adjustments.
