The Bureau of Indian Affairs (BIA) is the oldest agency of the Department of the Interior and is charged with federal trust responsibilities that play a significant role in the management of Tribal lands and natural resources.
BIA has fiduciary responsibility to Indian landowners to protect and conserve the resources on trust, restricted fee, and allotted land—including the land itself. The federal trust responsibility includes a duty on the part of the United States to protect treaty rights, lands, assets, and resource on behalf of Tribes, Tribal members and Indian landowners.
The approval of rights-of-way (ROW) helps BIA regulate the appropriate use and development of American Indian and Alaska Native (AI/AN) lands to ensure the effective management of resources and protect land, assets, and resources against the illegal misuse of property on behalf of Tribes and Indian landowners.
All applicants must complete the BIA ROW Application and submit the required supporting documentation to a BIA office where the project is located.
If your application is incomplete, we will inform you and provide an explanation of what needs to be completed. You must then resubmit a completed version of your application.
Applicant Eligibility
An applicant (known as a ROW grantee) can be an individual, Tribe or Tribal utility or a private company such as utility company, or other federal, state, or municipal entity.
Land Eligibility
A ROW may be requested to access Tribal trust land or restricted fee land that is subject to federal restrictions against the alienation (i.e., sale or transfer) or encumbrance (i.e., lien, leases, etc.) by operation of law of interest in the property.
BIA may set conditions and restrictions agreed to by the landowners with any ROW. Most ROWs are granted with owners’ consent by the Secretary of the Interior, pursuant to the Act of February 5, 1948 (25 U.S.C. §§ 323-328). The Secretary may also approve owner-granted ROWs, pursuant to the Indian Land Consolidation Act.
The grant is issued as an easement that creates an interest in the land, may be protected against third parties, and cannot be terminated at will by the AI/AN landowner or Tribe.
Project Eligibility
ROW can be granted for various kinds of projects:
Expedited Processing
The ROW on Indian Land final rule provide a uniform system for granting ROW over Indian trust land land, while giving AI/AN landowners and Tribes as much flexibility and control as possible. It directs BIA to defer to individual Indian landowners in their land determinations including which rights-of-way to grant and how much compensation is reasonable.
The regulations streamline the process for obtaining a ROW, simplify requirements for applicants, and clarify Tribal jurisdiction over lands subject to a ROW by:
Your BIA Regional Office and/or Agency Office may require an administrative fee. BIA isn’t responsible for application preparation costs.
The ROW request must be in writing and submitted to the BIA Regional and/or Agency office where the land is located.
Applicants are required to submit completed application packages via postal mail.
Steps
Applicants will receive an acknowledgement letter no more than five business days after their application is received by BIA.
To be considered a complete application, you must submit all required supporting documents and materials necessary for your application. If your application is incomplete, we’ll inform you and provide an explanation of what’s missing. You must then resubmit a complete version of your application.
It can take up to 60 days for BIA to give final approval for an application and grant a ROW in most cases.
However, broadband ROW application approval must occur immediately upon making the determination that the application is complete.
Title Status
A ROW creates a non-possessory interest in the land, which is a right to use or the right to restrict use of the property for a particular purpose. A “grant of easement” for ROW defines the type, extent, use, purpose, width, length, and duration of the ROW.
Title to the property remains with the landowner; however, a granted ROW will be recorded and encumbered on the title.
Appraisal of ROWs for Multiple Tracts of Land
The initial consideration per acre for a grant of easement for a ROW will be whatever amount is negotiated between the applicant and Indian landowners and Tribes based on an appraisal report of fair market value.
The fair market value is established by the Appraisal Valuation Services Office (AVSO).
If the appraisal determination is greater than the minimum fair market value, the applicant will submit payment within 30 days of notification of additional consideration equal to the difference between the minimum and the fair market value, plus any accrued interest based on the prime interest rate.
If the appraisal determination is for less than the minimum fair market value, no further payment is required and the excess from the minimum is nonrefundable. Fair market value will be determined by an appraisal for the full term of the ROW in accordance with Uniform Standards of Professional Appraisal Practice standards.
Failure to submit timely payment, will result in termination of the ROW and assessment of trespass damages consistent with federal law and regulations.
Responsibilities for Individual Indian Landowners and Tribes
An applicant may either contact you directly or a BIA Regional or Agency office to start the ROW process.
If you’re contacted by the applicant, please notify your BIA Regional or Agency office. A realty specialist will be assigned to your case and help you complete the necessary ROW documents.