Sponsors (2)
Allows Indian tribes to grant rights-of-way across tribal land for any purpose when the grant follows a Tribal regulation that has been approved by the Secretary of the Interior. Sets out a process and deadline for the Secretary to review and approve tribal regulations, specifies required documentation and enforcement roles, and confirms federal trust responsibilities. The change also makes technical updates to the Long-Term Leasing Act and related statutes to align those laws with the new tribal regulatory process. The net effect is to shift more authority to tribes to authorize rights-of-way on their lands under tribe-written rules (subject to Secretary approval and federal trust oversight), while providing a clearer federal review framework and updating statutory leasing language to reflect the change.
An Indian tribe may grant a right-of-way over and across the tribal land of the Indian tribe for any purpose, subject to paragraph (2).
A right-of-way granted under the tribal-authority paragraph does not require approval or a grant by the Secretary of the Interior under section 1 if it is executed in accordance with a Tribal regulation that has been approved by the Secretary under subsection (b).
An Indian tribe seeking to grant a right-of-way under subsection (a) must submit for approval a Tribal regulation governing the granting of rights-of-way over and across the tribal land. The Secretary of the Interior has authority to approve or disapprove such Tribal regulations, subject to paragraph (2).
The Secretary shall approve a submitted Tribal regulation if the regulation is consistent with any regulations (or successor regulations) issued by the Secretary under section 4 and provides for an environmental review process that includes identifying and evaluating any significant impacts the proposed action may have on the environment.
When making an approval decision under this subsection, the Secretary of the Interior is not subject to the National Environmental Policy Act of 1969, section 306108 of title 54, United States Code, or the Endangered Species Act of 1973.
Who is affected and how:
Tribal governments: Gain greater authority to permit rights-of-way under Tribal regulations approved by the Secretary. This increases tribal control over land use decisions on Indian land and creates an on-tribe pathway for infrastructure, energy, telecommunications, and other projects.
Tribal communities and members: May see faster local economic development, infrastructure projects, and improved service access if tribes adopt regulations that streamline rights-of-way approvals. Outcomes will depend on each Tribe’s chosen rules and enforcement approach.
Department of the Interior / Secretary: Must establish and follow the bill’s review process and timelines for approving Tribal regulations, handle required documentation, coordinate enforcement roles, and continue to fulfill Federal trust responsibilities. This creates new administrative duties and potential workload for BIA/Interior staff.
Project proponents, developers, utilities, and other nontribal applicants: Will need to comply with approved Tribal regulations when seeking rights-of-way on tribal land. Where Tribal regulations are in place and approved, applicants may work primarily with tribal authorities rather than relying solely on federal lease or rights-of-way processes.
Legal and oversight environment: The legislation reduces some procedural uncertainty by creating an approval pathway, but could also generate disputes over the content of Tribal regulations, the Secretary’s review determinations, or coordination between Tribal and Federal enforcement. Courts or administrative appeals may be used to resolve disagreements.
Net effects:
Fiscal and administrative notes:
Read twice and referred to the Committee on Indian Affairs.
Last progress December 8, 2025 (1 month ago)
Introduced on December 8, 2025 by Brian Emanuel Schatz