The U.S. Department of Interior (DOI) announced yesterday plans to reform the approval process conducted by the Bureau of Indian Affairs (BIA) for leasing acres of surface land in Indian Country. The new regulations would apply to each of the roughly 56 million acres held in trust by the federal government for tribes and individuals. With these changes, the path to home and/or business ownership is expected to be a bit easier and more efficient. Additional benefits of this reform include increased economic and renewable energy development in Indian Country.
The outdated regulations, currently in place, were originally adopted in 1961. The proposed changes would update and improve the system by imposing timelines and providing distinct review processes for different types of leases. The new process would give the BIA 30 days to approve or disapprove residential leases, and up to 60 days for commercial or industrial use leases. In addition, if BIA fails to act within these timeframes, automatic approval would result. With a new, more defined process, applications are given the proper consideration they deserve and the federal government can be held more accountable.
Other intended outcomes include greater support of Indian self-determination, as the rule attempts to deny DOI the power of scrutiny they currently hold over how Indian land is put to use. According to the DOI press release issued yesterday, changes would “require the BIA to approve leases unless it finds a compelling reason to disapprove.” Reformed regulations would also leave approval for activity permits to the discretion of the tribe, eliminating DOI involvement in those matters.
The proposed rule was published in today’s Federal Register, which, according to DOI, marks the beginning of “a 60-day public comment period with additional, soon-to-be-announced tribal meetings.” Finalization of the rule is expected in spring or summer of next year.
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