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)

Page Range		19877-19878
FR Document		2016-07868

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 Issue 66 (Wednesday, April 6, 2016)

[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.

-----------------------------------------------------------------------

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

Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations 19877

DEPARTMENT OF THE INTERIOR the right-of-way grant or statute • § 169.119 Will BIA notify a grantee
authorizing the right-of-way document, when a payment is due for a right-of-
Bureau of Indian Affairs then the provisions of the right-of-way way?
grant or authorizing statute will apply. • § 169.127 Is a new right-of-way
25 CFR Part 169 In short, if a right-of-way was granted grant required for a new use within or
[167 A2100DD/AAKC001030/ prior to the effective date of the rule, or overlapping an existing right-of-way?
A0A501010.999900] an application for a right-of-way was • § 169.129 What is required if the
pending as of the effective date of the location described in the original
RIN 1076–AF20 rule, only the procedural provisions of application and grant differs from the
the final rule apply to those grants and construction location?
Rights-of-Way on Indian Land
the other provisions do not apply to Subpart D—Duration, Renewals,
AGENCY: Bureau of Indian Affairs, those grants. If an existing right-of-way Amendments, Assignments, Mortgages
Interior. is amended, assigned, or mortgaged, on
ACTION: Final rule; guidance on or after the effective date of the rule, the • § 169.202 Under what
applicability. final rule’s procedural provisions apply circumstances will a grant of right-of-
to that amendment, assignment, or way be renewed?
SUMMARY: The Bureau of Indian Affairs mortgage. An ‘‘existing right-of-way’’ is • § 169.203 May a right-of-way be
(BIA) published a final rule on a grant issued before the effective date renewed multiple times?
November 19, 2015, governing rights-of- of the final rule, or a grant for which the • § 169.204 May a grantee amend a
way on Indian land, which stated that application was pending on the effective right-of-way?
procedural provisions of the final rule date of the final rule is issued after the • § 169.205 What is the approval
would apply (with certain exceptions) effective date of the final rule. process for an amendment of a right-of-
to rights-of-way granted or submitted to way?
This document provides guidance
BIA prior to the effective date of the • § 169.206 How will BIA decide
regarding which provisions BIA
final rule. This document provides whether to approve an amendment of a
considers procedural (and thus
guidance on what provisions the right-of-way?
applicable to all right-of-way grants,
Department considers to be ‘‘procedural • § 169.207 May a grantee assign a
regardless of when issued, and
provisions’’ that are applicable to rights- right-of-way?
applicable to all amendments,
of-way granted or submitted prior to the • § 169.208 What is the approval
assignments, and mortgages of existing
effective date of the final rule. process for an assignment of a right-of-
right-of-way grants, unless the
DATES: This guidance is effective on way?
procedural provision conflicts with the
April 6, 2016. • § 169.209 How will BIA decide
explicit provisions of the right-of-way
whether to approve an assignment of a
FOR FURTHER INFORMATION CONTACT: Ms. grant or authorizing statute).
right-of-way?
Elizabeth Appel, Director, Office of
Procedural Provisions in Final Rights- • § 169.210 May a grantee mortgage a
Regulatory Affairs & Collaborative
of-Way on Indian Land Rule right-of-way?
Action, Office of the Assistant
• § 169.211 What is the approval
Secretary—Indian Affairs, U.S. Subpart A—Purpose, Definitions, process for a mortgage of a right-of-way?
Department of the Interior (202) 273– General Provisions • § 169.212 How will BIA decide
4680; elizabeth.appel@bia.gov.
• § 169.12 How does BIA provide whether to approve a mortgage of a
SUPPLEMENTARY INFORMATION: On right-of-way?
notice to the parties to a right-of-way?
November 19, 2015, BIA published a
final rule addressing rights-of-way on • § 169.13 May decisions under this Subpart E—Effectiveness
part be appealed?
Indian land and BIA land. See 80 FR • § 169.301 When will a right-of-way
72492. In a document published Subpart B—Service Line Agreements document be effective?
December 21, 2015, BIA extended the • § 169.302 Must a right-of-way be
effective date of the rule to March 21, • [No procedural provisions] Note: If
recorded?
2016, in response to requests from you have a service line that is not in • § 169.303 What happens if BIA
Tribes and industry. See 80 FR 79258. compliance with the older version of the denies a right-of-way document?
BIA again extended the effective date of regulations, you may be in trespass. • § 169.304 What happens if BIA does
the final rule to April 21, 2016. See 81 Subpart C—Obtaining a Right-of-Way not meet a deadline for issuing a
FR 14976 (March 21, 2016). decision on a right-of-way document?
In § 169.7(b), the final rule states that • § 169.107 Must I obtain tribal or • § 169.305 Will BIA require an
its procedural provisions apply to individual Indian landowner consent appeal bond for an appeal of a decision
rights-of-way that were granted prior to for a right-of-way across Indian land? on a right-of-way document?
the final rule’s effective date (with Note: This provision is procedural only
certain exceptions). Likewise, in with regard to the grant of an Subpart F—Compliance and
§ 169.7(c)(2), the final rule states that if amendment, assignment, or mortgage of Enforcement
an application for a right-of-way was an existing right-of-way after the • § 169.402 Who may investigate
pending as of the effective date of the effective date of the final rule; compliance with a right-of-way?
final rule, and the applicant chose not otherwise, it is prospective. • § 169.404 What will BIA do about a
asabaliauskas on DSK3SPTVN1PROD with RULES

to withdraw and resubmit the • § 169.109 Whose consent do I need violation of a right-of-way grant?
application on or after the final rule’s for a right-of-way when there is a life • § 169.405 What will BIA do if the
effective date, the procedural provisions estate on the tract? Note: This provision grantee does not cure a violation of a
of the final rule apply (with certain is procedural only with regard to the right-of-way grant on time?
exceptions) once BIA issues the right-of- grant of an amendment, assignment, or • § 169.406 Will late payment
way grant. In either situation, if the mortgage of an existing right-of-way charges, penalties, or special fees apply
procedural provisions of the final rule after the effective date of the final rule; to delinquent payments due under a
conflict with the explicit provisions of otherwise, it is prospective. right-of-way grant?

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19878 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations

• § 169.407 How will payment rights Evaluation, tel.: 202–622–2490; or the sponsor, and a person is not required to
relating to a right-of-way grant be Department of the Treasury’s Office of respond to, a collection of information
allocated? the Chief Counsel (Foreign Assets unless the collection of information
• § 169.408 What is the process for Control), Office of the General Counsel, displays a valid control number.
cancelling a right-of-way for non-use or tel.: 202–622–2410.
List of Subjects in 31 CFR Part 554
abandonment? SUPPLEMENTARY INFORMATION:
• § 169.409 When will a cancellation Administrative practice and
of a right-of-way grant be effective? Electronic and Facsimile Availability procedure, Banking, Banks, Blocking of
• § 169.410 What will BIA do if a This document and additional assets, Brokers, Burundi, Credit, Foreign
grantee remains in possession after a information concerning OFAC are Trade, Investments, Loans, Securities,
right-of-way expires or is terminated or available from OFAC’s Web site Services.
cancelled? (www.treasury.gov/ofac). Certain general For the reasons set forth in the
• § 169.411 Will BIA appeal bond information pertaining to OFAC’s preamble, the Department of the
regulations apply to cancellation sanctions programs also is available via Treasury’s Office of Foreign Assets
decisions involving right-of-way grants? facsimile through a 24-hour fax-on- Control adds part 554 to 31 CFR chapter
• § 169.412 When will BIA issue a demand service, tel.: 202/622–0077. V to read as follows:
decision on an appeal from a right-of- Background
way decision? PART 554—BURUNDI SANCTIONS
• § 169.415 How will BIA conduct On November 22, 2015, the President REGULATIONS
compliance and enforcement when issued Executive Order 13712 (80 FR
73633, November 25, 2015) (E.O. Subpart A—Relation of This Part to Other
there is a life estate on the tract? Laws and Regulations
All other provisions of the final rule 13712), invoking the authority of, inter
alia, the International Emergency Sec.
are general statements or apply 554.101 Relation of this part to other laws
prospectively only. A chart providing Economic Powers Act (50 U.S.C. 1701– and regulations.
more information on each provision and 1706). OFAC is issuing the Burundi
Sanctions Regulations, 31 CFR part 554 Subpart B—Prohibitions
how it applies can be viewed at: http://
www.bia.gov/WhoWeAre/AS–IA/ORM/ (the ‘‘Regulations’’), to implement E.O. 554.201 Prohibited transactions.
RightsofWay/index.htm. 13712, pursuant to authorities delegated 554.202 Effect of transfers violating the
to the Secretary of the Treasury in E.O. provisions of this part.
Dated: March 29, 2016. 554.203 Holding of funds in interest-
13712. A copy of E.O. 13712 appears in
Lawrence S. Roberts, bearing accounts; investment and
Appendix A to this part. reinvestment.
Acting Assistant Secretary—Indian Affairs. The Regulations are being published 554.204 Expenses of maintaining blocked
[FR Doc. 2016–07868 Filed 4–5–16; 8:45 am] in abbreviated form at this time for the property; liquidation of blocked
BILLING CODE 4337–15–P purpose of providing immediate property.
guidance to the public. OFAC intends to
Subpart C—General Definitions
supplement this part 554 with a more
DEPARTMENT OF THE TREASURY comprehensive set of regulations, which 554.300 Applicability of definitions.
may include additional interpretive and 554.301 Blocked account; blocked
property.
Office of Foreign Assets Control definitional guidance, and additional 554.302 Effective date.
general licenses and statements of 554.303 Entity.
31 CFR Part 554 licensing policy. The appendix to the 554.304 Financial, material, or
Regulations will be removed when technological support.
Burundi Sanctions Regulations OFAC supplements this part with a 554.305 Interest.
more comprehensive set of regulations. 554.306 Licenses; general and specific.
AGENCY: Office of Foreign Assets 554.307 OFAC.
Control, Treasury. Public Participation 554.308 Person.
ACTION: Final rule. Because the Regulations involve a 554.309 Property; property interest.
foreign affairs function, the provisions 554.310 Transfer.
SUMMARY: The Department of the 554.311 United States.
Treasury’s Office of Foreign Assets of Executive Order 12866 and the 554.312 United States person; U.S. person.
Control (OFAC) is issuing regulations to Administrative Procedure Act (5 U.S.C. 554.313 U.S. financial institution.
implement Executive Order 13712 of 553) requiring notice of proposed
rulemaking, opportunity for public Subpart D—Interpretations
November 22, 2015 (‘‘Blocking Property 554.401 [Reserved]
of Certain Persons Contributing to the participation, and delay in effective date
are inapplicable. Because no notice of 554.402 Effect of amendment.
Situation in Burundi’’). OFAC intends 554.403 Termination and acquisition of an
to supplement this part 554 with a more proposed rulemaking is required for this
interest in blocked property.
comprehensive set of regulations, which rule, the Regulatory Flexibility Act (5 554.404 Transactions ordinarily incident to
may include additional interpretive and U.S.C. 601–612) does not apply. a licensed transaction.
definitional guidance and additional Paperwork Reduction Act 554.405 Setoffs prohibited.
general licenses and statements of 554.406 Entities owned by one or more
The collections of information related persons whose property and interests in
licensing policy. to the Regulations are contained in 31 property are blocked.
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DATES: Effective: April 6, 2016. CFR part 501 (the ‘‘Reporting,
Subpart E—Licenses, Authorizations, and
FOR FURTHER INFORMATION CONTACT: The Procedures and Penalties Regulations’’). Statements of Licensing Policy
Department of the Treasury’s Office of Pursuant to the Paperwork Reduction
554.501 General and specific licensing
Foreign Assets Control: Assistant Act of 1995 (44 U.S.C. 3507), those procedures.
Director for Licensing, tel.: 202–622– collections of information have been 554.502 [Reserved]
2480, Assistant Director for Regulatory approved by the Office of Management 554.503 Exclusion from licenses.
Affairs, tel.: 202–622–4855, Assistant and Budget under control number 1505– 554.504 Payments and transfers to blocked
Director for Sanctions Compliance & 0164. An agency may not conduct or accounts in U.S. financial institutions.

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Document Created: 2018-02-07 13:51:51
Document Modified: 2018-02-07 13:51:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; guidance on applicability.
Dates		This guidance is effective on April 6, 2016.
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]
FR Citation		81 FR 19877
RIN Number		1076-AF20

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

DEPARTMENT OF THE INTERIORBureau of Indian Affairs

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

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs