Jay Daniels
Jay Daniels of Round House Talk News discusses proposed changes to rights-of-way regulations at the Bureau of Indian Affairs:
The following was posted on Facebook’s “This is Mandaree” wall recently. Because of the oilfield activity and all that it involves in developing wells and infrastructure, many landowners have shown great concern that rights-of-ways across their individually-owned Indian lands will create a vacuum where they have no say over what happens on their land. This is a not 100% correct in that the process is hard to understand and most understanding of this practice is driven by federal training/consulting contractors and attorneys who merely see this issue as a way to create a source of revenue for their own gain. Fears of loss of land, Bureau of Indian Affairs (“BIA”) consent without landowner approval, environmental issues, etc. This clearly demonstrates the necessity of the regulatory drafting process that is in place. Not a put down, but landowners really don’t understand the process. BIA technical staff, most of whom have family subject to these regulations, are the guardians of your estate. Sure, in the past it was a bureaucratic agency driven by non-Indians, but various reorganizations and recruiting of Indians has changed this backdrop. There is and has always been a fear by Indian landowners that the BIA can’t be trusted. However, the BIA is still governed by statutory and regulatory authority and movement outside of those applications can result in federal claims to correct problems. BIA specialist, who have worked with these requirements understand what is allowable and not. Government attorneys ensure that the law is complied with. Together, and through subsequent collaboration and soliciting of tribal/individual comments, a final rule is drafted, published, and implemented. It’s a process and those who understand it the least create the most confusion and difficulty about the right-of-way process.Get the Story:
Jay Daniels: November 3, 2014 is the NEW deadline for individual tribal members to write concerns and comments on the BIA’s drafted rights-of-way regulations (Round House Talk 10/6) Federal Register Notices:
Rights-of-Way on Indian Land (August 13, 2014)
Rights-of-Way on Indian Land (June 17, 2014)
Related Stories
BIA extends comment period for changes to
rights-of-way rule (10/2) Dave Lundgren: BIA must take a closer look at rights-of-way (09/22)
Jay Daniels: The rights and wrongs of rights-of-way rules at BIA (08/14)
BIA extends comment period on changes to rights-of-way rule (8/13)
Law Article: Risk of double taxation under new BIA regulation (7/18)
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