Jay Daniels: Let BIA make changes to rights-of-way regulation

On October 1, assistant secretary, Indian affairs, Kevin Washburn, announced he was extending the comment period for proposed rights-of-way rule to November 3. The NEW deadline allows individual tribal members to write concerns and comments on the BIA's drafted rights-of-way designed to allow toxic pipelines, transmission lines, etc across individual allottee lands.

Interior would also hold an additional tribal consultation session at NCAI annual convention. The purpose of the extension was to allow additional time to comment and, in my opinion, appease a specific group of folks who intend to thwart the rule making process because they are attempting to exert fear into other landowners that the Bureau of Indian Affairs ("BIA") is going to steal their land and allow granting of easements that could be harmful without landowner consent.

ASIA Washburn has already extended the period twice now and has also announced the Department will hold an additional tribal consultation session on the proposed regulations during the week of October 26, during the National Congress of American Indians 2014 Annual Convention in Atlanta, Ga. Folks complained that the BIA scheduled the consultation in Georgia to keep participation at a minimum. Does BIA dictate to the NCAI when and where to hold they conferences? Really? A conspiracy?

The draft rule proposes to update Bureau of Indian Affairs (BIA) regulations at 25 CFR 169 that govern rights-of-way across Indian land which were promulgated more than 40 years ago and last updated more than 30 years ago. The regulations have been deemed ill-suited for the modern requirements for rights-of-way leasing, including the need for faster timelines for BIA approval.