New Rule Improves Certainty for Tribal Rights-of-Way

Tribal Right of Way RuleBy: Gabriela Rios | Law Clerk | gabriela.rios@procopio.com
Theodore J. Griswold | Partner | ted.griswold@procopio.com

A new rule covering rights-of-way on tribal lands that may benefit your tribal government and its citizens is now in effect. The final rule for rights-of-way on Indian land was published in the Federal Register (Volume 80, Number 223) on November 19th, 2015. The rule went into effect at the end of last year, December 21st, 2015, and applies to new rights-of-way and to most changes and/or renewals of existing rights-of-way. This is the first time the rule has been updated since 1980 and marks a significant change in the decision making process for BIA approving rights-of-way across Indian land. The Final Rule can be found here. Continue reading