KVIG Informative

Most of Nevada is federal land, and many Tribal homelands, sacred places and treaty interests lie outside reservation and colony boundaries. That makes a federal permitting bill a land sovereignty question here, whatever its supporters and critics intend.

Rights-of-Way on Tribal Land The bill does contain provisions aimed at Tribal governments. Under the CRS section summary, Section 2212 would let a Tribe grant rights-of-way across its own land without Interior Secretary approval, if the Secretary approves the Tribe’s regulations. Sections 2211 and 2225 exclude what the statute calls “Indian land” from their federal permit exemptions. CRS does not describe any provision on land into trust or on Tribal sovereignty beyond these. Ben Schifman, in an analysis defending the bill, argues the energy, transmission and right-of-way provisions support Tribal self-determination and economic growth.

Beyond the Boundary Section 106 reaches projects off Tribal land. Federal agencies must consult Tribes when a project they approve or fund could affect places important to Tribal Nations, wherever those places are. Because federal agencies manage most of Nevada’s land, a large share of energy and mining projects here need a federal approval, which makes them subject to that review. That is why the bill’s changes to the review matter more in Nevada than in a state where most land is private.

What the Bill Touches in Nevada’s Economy The CRS summary shows provisions on geothermal leasing (Sections 2221 through 2229), hardrock mill sites and a related abandoned mine fund (Section 2215), transmission siting and planning (Sections 2101 through 2115), and renewable rights-of-way on federal land (Section 2213). Each of those is an activity that already occurs in or near Nevada, and each would move faster under the bill’s deadlines. Supporters see jobs and a cleaner grid. Critics see fewer chances for Tribes and communities to be heard.

A Nevada Example: Thacker Pass The Section 106 claims at the center of the BAAJA debate have already been tested in a Nevada courtroom. The Reno-Sparks Indian Colony, the Burns Paiute Tribe and the Summit Lake Paiute Tribe filed suit in February 2023 over the Thacker Pass lithium mine, known in Paiute as Peehee Mu’huh. They allege that federal land managers failed to hold proper government-to-government consultation, withheld information from the State Historic Preservation Office, and did not adequately consider Indigenous oral histories. The Colony has said the site is eligible for the National Register of Historic Places, and the Tribes describe the area as sacred, in part because of an 1865 massacre there. Judge Miranda Du had largely upheld the mine’s permit earlier that month in a separate case, and Lithium Americas vice president Tim Crowley said the company looked forward to building the project. KVIG did not verify how the Tribes’ suit has since been resolved.

What the Bill Would Change for Cases Like It Under the bill as introduced, a court that found a violation of the National Historic Preservation Act would generally send the matter back to the agency without voiding the permit, and challenges would generally have to be filed within 150 days. Supporters say that gives developers certainty and stops projects from being undone over technical errors. Critics say a sacred place cannot be restored after construction, so a remedy that leaves the permit in place gives Tribes little leverage. Both descriptions come from readings of the same text.

Nevada Voices Crystal Miller, a citizen of the Walker River Paiute Tribe and cultural sovereignty director for the Association on American Indian Affairs, has said Section 106 changes of this kind would fundamentally alter how consultation works and could leave sacred landscapes without protection. Her comments were about the Advisory Council on Historic Preservation’s proposed rule, which the bill’s critics link to its historic preservation title. National Congress of American Indians president Mark Macarro has said the BAAJA needs major changes. KVIG did not find a public statement on the BAAJA from Nevada’s U.S. senators, and did not find one from a Nevada Tribal government, as of this writing. Tribal governments’ own websites are the place to look for those.

A Senate committee vote is expected after Congress returns on Nov. 9, according to reporting this week. Watch for amendments to the historic preservation title, for the proposed Section 106 rule to appear in the Federal Register with a public comment period, and for statements from Nevada’s Tribal governments and delegation. The bill text is on Congress.gov for anyone who wants to read the sections themselves.