印第安人土地寬帶基礎設施項目的通行權.pdf

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1、Rights-of-Way on Indian Lands for Broadband Infrastructure ProjectsBUREAU OF INDIAN AFFAIRS-DIVISION OF REAL ESTATE SERVICES-CENTRAL OFFICE SEPTEMBER,202452 IAM 9(52 PART IAM CHAPTER 9)21.3 Policy.It is the policy of Indian Affairs(IA)to:assist Native Americans/Alaskan Natives and Tribal organizatio

2、ns in the protection of trust lands from inappropriate development and unregulated use;process ROW applications on trust and restricted lands in an accurate,standardized,and timely manner,and in compliance with all applicable regulations and policies;andimplement fiduciary practices that protects an

3、d preserves Indian trust assets from loss,damage,unlawful waste,and to make decisions concerning trust lands that are in the best interest of the Indian landowners;and promote Tribal self-governance and self-determination.The 2016 ROW revisions introduced significant changes for Rights-of-Way(ROWs)a

4、pplications aiming to streamline the process and provide more certainty for project timelines.These revisions also clarifies the circumstances under which BIAs approval is required,adding to the predictability and transparency of the process.These changes are designed to improve efficiency and reduc

5、e the waiting period for applicants.A key change was the establishment of a deadline for issuing decisions on new ROW applications,which is set at 60 days after receiving a complete application.For existing ROWs,the revisions stipulate that decisions on proposed amendments,assignments,or mortgages s

6、hould be completed within 30 days of receipt of a request.25 CFR Part 169-Right-of-Way Regulation Highlights The BIA has limited authority to disapprove a ROW grant application,which can only be exercised if the Agency or Region has a compelling reason.The need for BIAs consent for surveying has bee

7、n eliminated,allowing for a more autonomous approach by tribes.Specific regulatory timelines have been established for acknowledging,reviewing a ROW application,ensuring a more efficient process.25 CFR Part 169-Right-of-Way Regulation Highlights(Continued)Additionally,the authority for approving ROW

8、s now clearly rests with the BIA,but with a deference to tribes,particularly regarding compensation and employment preferences for tribal members.The amendments also provide clarity on the processes for reviewing required documents and the circumstances under which a ROW can be amended,assigned,or m

9、ortgaged.Guidance for determining the terms of a ROW and the process for its cancellation are now more transparent,aiding in better management and utilization of tribal and individual Indian trust lands.25 CFR Part 169-Right-of-Way Regulation Highlights(Continued)25 CFR Section 169.4 outlines the co

10、nditions under which a right-of-way is needed to authorize possession or use of Indian land.Here are the key points:When You Need a Right-of-Way under 25 CFR Section 169.4 from BIA:You need an approved right-of-way from BIA under this part if you meet specific criteria for crossing individual Indian

11、 owned lands.Exceptions include:Indian Landowners:If you own 100%of the trust or restricted interests in the land.Tribal Lands:Projects crossing 100%Tribal Trust Lands under a Tribal Authorization Agreement.Tribal Authorization Agreements:If you have tribal authorization through a lease under 25 CFR

12、 part 162,211,212,or 225,a permit under 25 CFR part 166,or a tribal land assignment without needing Secretarial approval.This part of the regulation streamlines procedures for granting rights-of-way over tribal lands,individually Indian owned lands,while respecting tribal self-determination and self

13、-governance.OMB Control Number 1076-0181 ROW Application Form NPM-TRUS-44 A2Streamlining the Rights-of-Way and Business Lease Application Processes for Federal Funded Tribal Broadband Infrastructure ProjectsThis revised 7-page National Policy Memorandum establishes Bureau of Indian Affairs(BIA)compr

14、ehensive policy framework based on the BIAs regulations for the efficient and effective processing of Rights-of-Way(ROWs)and Business Lease applications to provide broadband access to all areas within our jurisdiction with a focus on rural unserved,and underserved communities.What process informatio

15、n does the NPM provide to BIA field staff,Tribes and Applicants for a ROW or Business Leases?This policy memorandum establishes guidelines and steps for the efficient and effective processing of ROWs and Business Leases related to Tribal Broadband infrastructure projects crossing individually Indian

16、 owned and Tribal lands.It applies to all BIA programs,offices and Regions and Agencies involved with these processes including our compact and contract Tribes.The policy emphasizes compliance with federal laws,regulations,and DOI policies during the application review process.When an ROW or Busines

17、s Lease application is received,the BIA will acknowledge it and begin by reviewing it within five(5)business days to determine completeness and notifies the applicant accordingly.Additionally,the policy outlines steps to simplify and streamline ROW and lease applications related to infrastructure pr

18、oject on Tribal land when the Tribes owns 100%interest in the tract.Summary of NPM-TRUS-44 A21.ROW and Business Lease Applications on Tribal Lands Where Tribe Owns 100%of the Tract:If the Tribe or a Tribal utility is the applicant,BIA approval of a right-of-way(ROW)on Tribal land is not required.For

19、 leases,an independent legal entity owned and operated by a Tribe may need to obtain a lease from landowners before taking possession of the land.The Tribe,and an Indian landowner with 100%trust or restricted interests in a tract,does not need a lease to possess Tribal land.ROW or lease applications

20、,grant or lease documents,maps of definite location,and any other Tribal broadband use agreements must be filed with the BIA for recording in the Trust Asset and Accounting Management System(TAAMS)within 30 days of grant or approval.Summary of NPM-TRUS-44 A22.ROW on Tribal Lands Crossing Multiple Tr

21、acts:The applicant must obtain Tribal consent from each Tribe whose land the ROW will cross.Consent is in the form of a Tribal authorization and a written agreement.Any restrictions or conditions imposed by the consent document become part of the ROW grant.The ROW grant can cover all Tribal Trust tr

22、acts traversed by the ROW.Summary of NPM-TRUS-44 A23.Decision Timeline for Lease or ROW Applications:A decision on a lease or ROW application must occur within 60 days after determining the application is complete.4.Filing Requirements for Tribal Infrastructure Projects:The ROW Tribal authorization,

23、grant,or lease document,along with related agreements,must be filed with the BIA in the Trust Asset and Accounting Management System(TAAMS)within 30 days of approval or grant.Summary of NPM-TRUS-44 A2 5.ROWs or Business Lease Applications for Allotted Lands:Third-party applicants(e.g.,Tribes,Tribal

24、utilities,Federal agencies)can negotiate payment amounts and waive valuation requirements if applicable.The ROW may be approved based on negotiated amounts of FMV.BIA determines the number of owners and undivided interests in fractionated Indian land.If the Tribe owns the majority of interests,conse

25、nt of other fractional owners is not required,but the Tribe must notify them in writing.6.ROW Maintenance:ROW uses include managing vegetation,inspecting,maintaining,repairing equipment,and other necessary activities.Changing technology(e.g.,from copper telephone line to fiber optic line)is not cons

26、idered maintenance if its a new use beyond the original scope.Summary of NPM-TRUS-44 A2 7.New ROW Use Within or Overlapping an Existing ROW:Grantees can use an existing ROW for a new purpose within the same scope as the original grant.If the new use is outside the original scope and requires ground

27、disturbance,the grantee must request either an amendment or a new ROW.Applicants who are not the grantee may need an assignment of an existing ROW or a new ROW.BIA may grant a new ROW within or overlapping an existing ROW if certain conditions are met.8.Amendments:If the use changes the scope and in

28、volves ground disturbance,the grantee must submit a new ROW application depending on the ground disturbance.Review and verify any amendments requiring compliance and any consent requirements under 169.107.Summary of NPM-TRUS-44 A2 9.Assignments:Corporate Merger,Acquisition,or Transfer by Operation o

29、f LawAssignees resulting from these events are excluded from certain requirements.The assignee must provide an original copy of the assignment for recording in LTRO within 30 days.Review the grant of easement to determine if consent is still required despite meeting regulatory criteria.10.Partial As

30、signments:Purpose and conditions will be reviewed by Realty staff on the purpose of partial assignments.Authorizes another third party to use an existing grant of easement under specific conditions.Consistency with Original Purpose will be verified if the partial assignment aligns with the original

31、grants purpose to confirm existing grant stipulations related to an amendment or assignment.If different and requiring ground disturbance,the assignee must obtain a new ROW by reviewing the original grant of easement.Summary of NPM-TRUS-44 A2 11.ROW Grants Under 25 CFR Part 169 and Recording in BIAs

32、 LTRO:Applicants who operate and maintain ROWs should have a copy of their original grants.Recording of approved ROWs,Business Leases,Tribal Authorizations and Service Line Agreements are required.12.No Existing ROW Records:If a BIAs search finds no existing ROW recorded in TAAMS and the applicant c

33、ant provide proof of an approved ROW under 25 CFR part 169,they may need to submit a new ROW application.13.Requests from Tribes and Individual Landowners:Tribes and individual landowners can request copies of ROWs or leases that cross their lands.14.Third Parties and FOIA Requests:Companies or third parties seeking copies of ROWs or leases may need to make a request under the Freedom of Information Act(FOIA)where appropriate.