81 FR 19877 - Rights-of-Way on Indian Land

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 81, Issue 66 (April 6, 2016)

The Bureau of Indian Affairs (BIA) published a final rule on November 19, 2015, governing rights-of-way on Indian land, which stated that procedural provisions of the final rule would apply (with certain exceptions) to rights-of-way granted or submitted to BIA prior to the effective date of the final rule. This document provides guidance on what provisions the Department considers to be ``procedural provisions'' that are applicable to rights-of-way granted or submitted prior to the effective date of the final rule.

[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Rules and Regulations]
[Pages 19877-19878]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07868]



[[Page 19877]]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 169

[167 A2100DD/AAKC001030/A0A501010.999900]
RIN 1076-AF20


Rights-of-Way on Indian Land

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule; guidance on applicability.

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SUMMARY: The Bureau of Indian Affairs (BIA) published a final rule on 
November 19, 2015, governing rights-of-way on Indian land, which stated 
that procedural provisions of the final rule would apply (with certain 
exceptions) to rights-of-way granted or submitted to BIA prior to the 
effective date of the final rule. This document provides guidance on 
what provisions the Department considers to be ``procedural 
provisions'' that are applicable to rights-of-way granted or submitted 
prior to the effective date of the final rule.

DATES: This guidance is effective on April 6, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Appel, Director, Office 
of Regulatory Affairs & Collaborative Action, Office of the Assistant 
Secretary--Indian Affairs, U.S. Department of the Interior (202) 273-
4680; [email protected].

SUPPLEMENTARY INFORMATION: On November 19, 2015, BIA published a final 
rule addressing rights-of-way on Indian land and BIA land. See 80 FR 
72492. In a document published December 21, 2015, BIA extended the 
effective date of the rule to March 21, 2016, in response to requests 
from Tribes and industry. See 80 FR 79258. BIA again extended the 
effective date of the final rule to April 21, 2016. See 81 FR 14976 
(March 21, 2016).
    In Sec.  169.7(b), the final rule states that its procedural 
provisions apply to rights-of-way that were granted prior to the final 
rule's effective date (with certain exceptions). Likewise, in Sec.  
169.7(c)(2), the final rule states that if an application for a right-
of-way was pending as of the effective date of the final rule, and the 
applicant chose not to withdraw and resubmit the application on or 
after the final rule's effective date, the procedural provisions of the 
final rule apply (with certain exceptions) once BIA issues the right-
of-way grant. In either situation, if the procedural provisions of the 
final rule conflict with the explicit provisions of the right-of-way 
grant or statute authorizing the right-of-way document, then the 
provisions of the right-of-way grant or authorizing statute will apply. 
In short, if a right-of-way was granted prior to the effective date of 
the rule, or an application for a right-of-way was pending as of the 
effective date of the rule, only the procedural provisions of the final 
rule apply to those grants and the other provisions do not apply to 
those grants. If an existing right-of-way is amended, assigned, or 
mortgaged, on or after the effective date of the rule, the final rule's 
procedural provisions apply to that amendment, assignment, or mortgage. 
An ``existing right-of-way'' is a grant issued before the effective 
date of the final rule, or a grant for which the application was 
pending on the effective date of the final rule is issued after the 
effective date of the final rule.
    This document provides guidance regarding which provisions BIA 
considers procedural (and thus applicable to all right-of-way grants, 
regardless of when issued, and applicable to all amendments, 
assignments, and mortgages of existing right-of-way grants, unless the 
procedural provision conflicts with the explicit provisions of the 
right-of-way grant or authorizing statute).

Procedural Provisions in Final Rights-of-Way on Indian Land Rule

Subpart A--Purpose, Definitions, General Provisions

     Sec.  169.12 How does BIA provide notice to the parties to 
a right-of-way?
     Sec.  169.13 May decisions under this part be appealed?

Subpart B--Service Line Agreements

     [No procedural provisions] Note: If you have a service 
line that is not in compliance with the older version of the 
regulations, you may be in trespass.

Subpart C--Obtaining a Right-of-Way

     Sec.  169.107 Must I obtain tribal or individual Indian 
landowner consent for a right-of-way across Indian land? Note: This 
provision is procedural only with regard to the grant of an amendment, 
assignment, or mortgage of an existing right-of-way after the effective 
date of the final rule; otherwise, it is prospective.
     Sec.  169.109 Whose consent do I need for a right-of-way 
when there is a life estate on the tract? Note: This provision is 
procedural only with regard to the grant of an amendment, assignment, 
or mortgage of an existing right-of-way after the effective date of the 
final rule; otherwise, it is prospective.
     Sec.  169.119 Will BIA notify a grantee when a payment is 
due for a right-of-way?
     Sec.  169.127 Is a new right-of-way grant required for a 
new use within or overlapping an existing right-of-way?
     Sec.  169.129 What is required if the location described 
in the original application and grant differs from the construction 
location?

Subpart D--Duration, Renewals, Amendments, Assignments, Mortgages

     Sec.  169.202 Under what circumstances will a grant of 
right-of-way be renewed?
     Sec.  169.203 May a right-of-way be renewed multiple 
times?
     Sec.  169.204 May a grantee amend a right-of-way?
     Sec.  169.205 What is the approval process for an 
amendment of a right-of-way?
     Sec.  169.206 How will BIA decide whether to approve an 
amendment of a right-of-way?
     Sec.  169.207 May a grantee assign a right-of-way?
     Sec.  169.208 What is the approval process for an 
assignment of a right-of-way?
     Sec.  169.209 How will BIA decide whether to approve an 
assignment of a right-of-way?
     Sec.  169.210 May a grantee mortgage a right-of-way?
     Sec.  169.211 What is the approval process for a mortgage 
of a right-of-way?
     Sec.  169.212 How will BIA decide whether to approve a 
mortgage of a right-of-way?

Subpart E--Effectiveness

     Sec.  169.301 When will a right-of-way document be 
effective?
     Sec.  169.302 Must a right-of-way be recorded?
     Sec.  169.303 What happens if BIA denies a right-of-way 
document?
     Sec.  169.304 What happens if BIA does not meet a deadline 
for issuing a decision on a right-of-way document?
     Sec.  169.305 Will BIA require an appeal bond for an 
appeal of a decision on a right-of-way document?

Subpart F--Compliance and Enforcement

     Sec.  169.402 Who may investigate compliance with a right-
of-way?
     Sec.  169.404 What will BIA do about a violation of a 
right-of-way grant?
     Sec.  169.405 What will BIA do if the grantee does not 
cure a violation of a right-of-way grant on time?
     Sec.  169.406 Will late payment charges, penalties, or 
special fees apply to delinquent payments due under a right-of-way 
grant?

[[Page 19878]]

     Sec.  169.407 How will payment rights relating to a right-
of-way grant be allocated?
     Sec.  169.408 What is the process for cancelling a right-
of-way for non-use or abandonment?
     Sec.  169.409 When will a cancellation of a right-of-way 
grant be effective?
     Sec.  169.410 What will BIA do if a grantee remains in 
possession after a right-of-way expires or is terminated or cancelled?
     Sec.  169.411 Will BIA appeal bond regulations apply to 
cancellation decisions involving right-of-way grants?
     Sec.  169.412 When will BIA issue a decision on an appeal 
from a right-of-way decision?
     Sec.  169.415 How will BIA conduct compliance and 
enforcement when there is a life estate on the tract?
    All other provisions of the final rule are general statements or 
apply prospectively only. A chart providing more information on each 
provision and how it applies can be viewed at: http://www.bia.gov/WhoWeAre/AS-IA/ORM/RightsofWay/index.htm.

    Dated: March 29, 2016.
Lawrence S. Roberts,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 2016-07868 Filed 4-5-16; 8:45 am]
BILLING CODE 4337-15-P