Fact Sheet: Bureau of Indian Affairs Publishes Framework for Processing Rights-of-Way Applications for Broadband Infrastructure Projects
Morgan Gray
Senior Research Analyst
On September 3, 2025 the Bureau of Indian Affairs (BIA) issued a new National Policy Memorandum establishing a comprehensive framework for processing Rights-of-Way applications for broadband infrastructure deployment projects on Indian trust or restricted lands.
Background
Broadband infrastructure often traverses expansive service areas with many individual landowners. An entity seeking to construct new broadband infrastructure that crosses onto another's land must first obtain permission from the landowner. When an entity seeks to construct infrastructure on Indian trust or restricted lands, an applicant may apply for a Right-of-Way (ROW), which allows the applicant to utilize a portion of the land for the purpose of deploying broadband infrastructure.
During a webinar hosted by the BIA’s Division of Real Estate Services, staff described the memorandum’s purpose as setting forth its framework for ROW applications within the context of broadband infrastructure deployment, with the goal of expediting the application process and streamlining support for applications in rural unserved and underserved communities. While the memorandum itself is focused on ROW applications tied to broadband infrastructure, staff noted that the framework was also applicable to energy development projects. Recordings of the webinars will be posted to the Division’s website at a later date.
Key Takeaways
The memorandum’s framework is largely a restatement of the BIA’s existing regulations with 2 new provisions focused on application timelines that appear to supplement the regulations. Those two provisions are as follows:
First, BIA staff will upload an application to their system of record within 3 business days of receiving it. Second, BIA staff will review the application for completion within 7 days of its receipt. Once the evaluation is complete, staff will either inform the applicant that the application is complete or request additional information. Then, per the regulations, BIA staff will issue a decision within 60 days of the application’s submission. If additional information is required from the applicant, it has 30 additional days to issue a decision. The remainder of the memorandum provides a detailed summary of the BIA’s existing requirements for ROW applications based on land and ownership status. The memorandum applies to all BIA programs and employees, including Tribal contract and compact programs and employees, and is valid until September 3, 2026.
Tribal Nations seeking to construct broadband infrastructure on Indian trust or restricted lands using federal funds from programs like the Broadband Equity, Access and Deployment (BEAD) program and the Tribal Broadband Connectivity Program (TBCP) will not be impacted by the lapse in federal funding, as the NTIA announced those programs would continue during the ongoing government shutdown.