Bureau of Indian Affairs' New Right-of-Way Regulations

• Overview
• Credits

Understand the BIA's regulations governing the process of obtaining grants of rights-of-way on Indian land.Native American tribes are indigenous political communities that possess ancient sovereignty predating the founding of the United States. They are also diverse, each possessing a unique history and culture. One attribute of tribal sovereignty is the right to regulate sovereign territory, which commonly includes the right to exclude non-tribal persons and entities in coordination with their principal federal trustee, the United States Department of the Interior, Bureau of Indian Affairs (BIA). There are times that local governments and other public and private entities will need access through tribal lands but find the process for obtaining such access to be opaque and difficult to navigate. This course will help local governments and other entities understand the BIA's regulations governing the process of obtaining grants of rights-of-way on Indian land in a manner that supports tribal self-determination and self-governance. This material will also provide a general overview of tribal sovereignty.

Authors

Ellen Grover, Best Best & Krieger LLP Josh Newton, Best Best & Krieger LLP

Agenda

Overview of Tribal Sovereignty

• Brief History of Native America Law and Policy

• Federal-Tribal Trust Relationship

• Tribal Civil Jurisdiction and Tax Authority

Obtaining a Right-of Way

• Application

• Consent Requirements

• Compensation Requirements

• Grants of Rights-Of-Way

Duration, Renewals, Amendments, Assignments, and Mortgages

• Duration and Renewals

• Amendments

• Assignments

• Mortgages

Effectiveness of Rights-Of-Way

Compliance and Enforcement

Questions and Answers