Principal Objections to the Historic Preservation Title of the BAAJA, S.5653

October 20, 2026

The Bipartisan American Affordability and Jobs Act (BAAJA) contains several provisions that would negate the core protections and purpose of the National Historic Preservation Act (NHPA) of 1966 by empowering federal agencies to make unilateral decisions without consulting state or local governments, Tribes, or the American public. The proposed legislation also contains multiple ambiguous provisions that would generate confusion and litigation, and lead to the loss of historic resources. This analysis focuses on provisions of greatest concern and is not an exhaustive review of all issues raised by the bill.

Senate Bill S. 5653 would limit a process that considers how federal projects affect historic places and make community consultation optional for many projects. Urge your senators to oppose the bill as written and demand meaningful changes to its provisions.

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