Karuk Tribe sovereignty at risk in Senate energy bill
The Karuk Tribe announced opposition to S. 5653, the Bipartisan American Affordability and Jobs Act of 2026, and called on Democratic Sens. Martin Heinrich and Sheldon Whitehouse to withdraw support. The Tribe stated the bill weakens protections for Tribal sacred places, diminishes authority in federal decisions and restricts the ability of Tribal Nations to halt unlawful projects.
Section 106 of the National Historic Preservation Act requires federal agencies to consider project effects on historic properties, including places of religious and cultural significance to Tribal Nations. The bill would narrow which places and projects receive review, constrain Tribal participation, enable federal officials to proceed despite harm, permit federal takeover and defunding of Tribal Historic Preservation Officer programs under undefined criteria, and bar courts from stopping projects for NHPA violations even when agencies act unlawfully.
Karuk Chairman Russell ‘Buster’ Attebery said: “Through meaningful consultation we can create clean energy and protect sacred sites. Senators Heinrich and Whitehouse need to explain why building a modern electric grid requires dismantling protections for Tribes, our sacred places and landscapes that our people have cared for since time immemorial. We must work together as sovereign nations.”
The National Association of Tribal Historic Preservation Officers called the legislation a “legislative assault on the sovereignty of Tribal Nations” that would undermine federal trust and treaty responsibilities. Karuk Vice Chair Kenneth Brink stated: “A federal agency cannot fulfill its trust responsibilities to our people by putting themselves in charge of identifying which sacred places count. We are the only experts in our culture, our religion, and what is sacred to us.”
The Karuk Tribe reported that early Section 106 consultation has enabled roads, culverts and forest management projects to proceed while protecting sacred places. Consultation enhanced forest management because the Tribe holds knowledge of lands inhabited for millennia. The Tribe attributes the absence of inadvertent human remains discoveries during projects in its territory for more than a decade to early consultation and Tribal knowledge of burial locations.
Karuk Vice Chair Kenneth Brink said: “Early consultation prevents conflict and costly delays.”
The bill narrows water-quality certification authority under the Clean Water Act and imposes new burdens on agencies seeking to deny certification or require conditions. These changes threaten tools used to secure river flows and fish protections. The Karuk Tribe stated that weakening the tools could have derailed Klamath dam removal and would place comparable environmental justice victories beyond reach for other communities. Brink said: “Klamath dam removal showed what happens when Tribal Nations make government and industry confront the harm done to our people. Congress should help communities achieve that kind of justice. This bill would make it harder if not impossible.”
The Karuk Tribe called on Sens. Heinrich and Whitehouse to answer objections from Tribal Nations and organizations and explain why protections are at risk to secure an energy agreement ahead of a possible shift in congressional power. The Tribe urged California Sens. Schiff and Padilla to oppose S. 5653 and called for permitting reforms developed with Tribal Nations that include meaningful consultation before decisions, strong sacred place protections, adequate funding for review, and effective court access and legal remedies.
Chairman Attebery concluded: “A secure energy future must respect the people and places it is supposed to protect. Our sovereignty should not be sacrificed to fast-track energy development.”
The Native American Rights Fund analysis noted that S. 5653 changes to NEPA, the Clean Water Act, the Endangered Species Act and the National Historic Preservation Act reduce federal oversight and participation. The bill curtails Tribal consultation requirements, weakens opportunities for Tribal Nations to engage as sovereign governments, strips cultural protections and participation under NHPA, and restricts access to legal recourse in court.
The California Sportfishing Protection Alliance analysis stated that the bill rolls back Clean Water Act Section 401 by restricting state scope of review, limiting denial reasons and requiring “clear and convincing evidence” for denials or conditions. It doubles maximum NPDES permit terms from five to ten years. The bill allows states to assume Endangered Species Act Section 7 consultation duties, eliminating direct government-to-government Tribal consultation requirements, and limits NEPA judicial review by shortening filing deadlines to 150 days, requiring detailed comments in the filer’s own letter, narrowing standing and restricting remedies to remand without vacatur while allowing projects to proceed.
