On December 21, 2015, new rights-of-way regulations on Indian lands will go into effect. These new regulations likely will have an immediate and substantial impact throughout Indian Country, for both Tribes and businesses engaged in transactions and economic opportunities on tribal lands.

As stated in the Federal Register summary, the final rule “comprehensively updates and streamlines the process for obtaining [BIA] grants of rights-of-way on Indian land, while supporting tribal self-determination and self-governance.” The rule also is intended to implement the policy decisions and approaches established in the BIA leasing regulations finalized in December 2012.

Important changes resulting from the new rule include:

• Streamlining the process for obtaining a right-of-way on tribal lands
• Providing greater deference to Tribes on decisions affecting tribal land
• Clarifying tribal jurisdiction over lands subject to rights-of-way
• Providing landowners, whether tribe or individual, with notice of actions affecting their land
• Establishing timelines for BIA review of rights-of-way requests
• Allowing BIA disapproval only where there is a stated compelling reason
• Preemption of state taxation on rights-of-way on tribal lands
• Potential new source for tribal tax revenue generation
• Revises rule for compensation to be paid for rights-of-way

The Department of Interior published the final rule for these regulations on November 17, 2015, in the Federal Register. Here is the link to the complete rule: https://www.federalregister.gov/articles/2015/11/19/2015-28548/rights-of-way-on-indian-land