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Right-of-Way Authorization (DOI-BIA)

Project Name: Responsible Agency:
Bureau of Indian Affairs
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Planned
POC Name:
Nilah Solomon
POC Title:
BIA Realty

Milestones:

Initial application submitted (Applicant Action)
Completed Date:
Application deemed complete (Agency Action)
  • Monthly Status Report for July 2025:
    Bureau of Indian Affairs (BIA) has a fiduciary and trust responsibility to both Tribes and individual Indian allotment owners. To honor that responsibility, due diligence must be exercised in the review of submitted right-of-way application materials. BIA has prioritized appraisals with the Appraisal and Valuation Services Office to help expedite the project timeline to the maximum extent possible. A decision letter was sent to landowners on 6/20/2025 informing of the approval of Winnebago Tribe of Nebraska right-of-way for fiber optic installation, with appeal rights due to close with finalization of the approved right-of-way on 7/23/2025. An appeal was filed on 6/30/2025 by a beneficiary and sent to the BIA Great Plains Regional Office. Winnebago Agency is coordinating with the Great Plains Regional Office and providing an administrative record of the Winnebago Tribe's right-of-way. A response to the appeal will be issued within 60-days. In the interim, BIA is providing technical assistance and coordinating closely (including weekly meetings) with the Tribe to complete the application requirements.
  • Monthly Status Report for June 2025:
    Bureau of Indian Affairs (BIA) has a fiduciary and trust responsibility to both Tribes and individual Indian allotment owners. To honor that responsibility, due diligence must be exercised in the review of submitted right-of-way application materials. BIA has prioritized appraisals with the Appraisal and Valuation Services Office to help expedite the timeline; appraisals are expected to be completed by July 3. An open comment period (required under the 'Too-Numerous' process) extends thru June 23, followed by a 30-day review/response period. BIA expects to be able to issue a determination for the project on July 23. In the interim, BIA is providing technical assistance and coordinating closely (including weekly meetings) with the Tribe to complete the application requirements.
  • Monthly Status Report for May 2025:
    Bureau of Indian Affairs (BIA) has a fiduciary and trust responsibility to both Tribes and individual Indian allotment owners. To honor that responsibility, due diligence must be exercised in the review of submitted right-of-way application materials. To date, the application remains incomplete. To complete the application package, BIA has requested additional documentation to sufficiently address 1) ‘just’ compensation; 2) eligibility as a Tribal utility; 3) consent for parcels the Tribe owns entirely; 4) insufficient consent for certain tracts; and 5) bonding. Once the application is complete, BIA can begin processing it. In the interim, BIA is providing technical assistance and coordinating closely with the Tribe to complete the application requirements.
  • Monthly Status Report for April 2025:
    The BIA has a fiduciary and trust responsibility to both Tribes and individual Indian allotment owners. Right-of-Way consent from allotment owners is needed before the project application can be deemed complete. Once the application is complete, BIA can begin processing it. In the interim, BIA is providing technical assistance and coordinating closely with the Tribe as it implements its process to seek allotment owner consent.
  • Monthly Status Report for March 2025:
    The BIA has a fiduciary and trust responsibility to both Tribes and individual Indian allotment owners. Right-of-Way consent from allotment owners is needed before the project application can be deemed complete. Once the application is complete, BIA can begin processing it. In the interim, BIA is providing technical assistance and coordinating closely with the Tribe as it implements its process to seek allotment owner consent.
  • Monthly Status Report for February 2025:
    The BIA has a fiduciary and trust responsibility to both Tribes and individual Indian allotment owners. Right-of-Way consent from allotment owners is needed before the project application can be deemed complete. Once the application is complete, BIA can begin processing it. In the interim, BIA is providing technical assistance and coordinating closely with the Tribe as it implements its process to seek allotment owner consent.
  • Monthly Status Report for January 2025:
    The BIA has a fiduciary and trust responsibility to both Tribes and individual Indian allotment owners. Right-of-Way consent from allotment owners is needed before the project application can be deemed complete. Once the application is complete, BIA can begin processing it. In the interim, BIA is providing technical assistance and coordinating closely with the Tribe as it plans its process to seek allotment owner consent.
  • Monthly Status Report for December 2024:
    The BIA has a fiduciary and trust responsibility to both Tribes and individual Indian allotment owners. Right-of-Way consent from allotment owners is needed before the project application can be deemed complete. Once the application is complete, BIA can begin processing it. In the interim, BIA is providing technical assistance and coordinating closely with the Tribe as it implements its process to seek allotment owner consent.
  • Monthly Status Report for November 2024:
    The BIA cannot begin processing the project application until it is complete. Right-of-Way consent from allotment owners is needed before the application can be deemed complete. BIA is providing technical assistance and coordinating closely with the Tribe as it plans its process to seek allotment owner consent.
  • Monthly Status Report for October 2024:
    The BIA cannot begin processing the project application until it is complete. Right-of-Way consent from allotment owners is needed before the application can be deemed complete. BIA is providing technical assistance and coordinating closely with the Tribe as it plans its process to seek allotment owner consent.
  • Monthly Status Report for September 2024:
    The BIA cannot begin processing the project application until it is complete. Right-of-Way consent from allotment owners is needed before the application can be deemed complete. BIA is providing technical assistance and coordinating closely with the Tribe as it plans its process to seek allotment owner consent.
  • Non-conformance Explanation:
    The Winnebago Tribe and NTIA have been meeting at least weekly with BIA real estate to further understand all the requirements for crossing native allotment lands. Obtaining all the parcel and landowner information has been challenging with some mapping disagreements between BIA needs versus what the Winnebago Tribe can provide. The Winnebago Tribe is reviewing all the BIA routes and associated maps and will provide to the BIA Winnebago Agency, review ownership and maintenance responsibility and determine what documentation is available on the routes and determine if they have a ROW. Once determined who currently has a ROW, they can use it to assist in writing legal descriptions. Some surveys may still be needed depending on the results of the search. BIA originally asked for on-the-ground survey mapping of these parcels versus readily available Winnebago Tribe GIS data. However, the Winnebago Tribe and BIA are working to determine the acceptable level of documentation and description needed for the easements to keep the project moving forward and achieve the updated BIA ROW milestones
Alternative Completion Date:
Final decision/agency action (Agency Action)
Alternative Completion Date: