印第安人土地宽带基础设施项目的通行权.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