Utility representatives tell committee BIA right‑of‑way rules and fractionation are delaying power upgrades and housing hookups on Wind River Reservation

Utility and regulatory officials told the Select Committee on Tribal Relations on June 16 that long timelines and legal requirements tied to Bureau of Indian Affairs (BIA) right‑of‑way approvals are a major barrier to extending electricity and gas service on the Wind River Reservation.

"A lot of the perceived right‑of‑ways never had approval," said a High Plains Power representative, explaining that some 60–70 year‑old lines were built without formal easements. High Plains described projects that have been stalled since 2019 while contractors and utilities attempt to secure consent from allotted land owners and meet environmental and archaeological review requirements.

High Plains and other presenters said the allotment structure can create a practical impediment: when land title is fractionated among many heirs, utilities often must obtain the consent representing a majority of ownership interest (typically 51 percent) before building or upgrading lines. In some cases, an a​mount of landowners exceeds thresholds that allow a BIA superintendent to sign on behalf of all owners, further complicating progress.

"We've spent over $300,000 working to get right‑of‑way" on longer transmission replacement projects, the cooperative said; a smaller project that crosses only 0.8 miles of reservation land has cost about $90,000 so far in routing and clearance expenses.

High Plains also described practical consequences where rights‑of‑way are unresolved: poles and conductors that need replacement remain in service, and in at least one housing development homes were built but have no electricity or natural‑gas service. "There are houses there but they do not have electrical," one witness said; committee members expressed alarm at homes sitting for years without utilities.

Black Hills Energy described the utility's statewide tariff that provides construction allowances for new gas services and refundable mechanisms to help finance main extensions, and the company said it has completed roughly 40 main or service extensions in recent years. The Public Service Commission noted that a previous customer‑connection outreach effort raised the number of natural‑gas residential services on the reservation from 557 to 837 (2006–2018) and suggested revisiting targeted promotion and financing mechanisms.

Several witnesses recommended a joint, coordinated approach involving tribes, utilities, the BIA and state regulators to triage priority housing projects and to streamline archaeological and environmental steps. Public Service Commission members offered to work with utilities on identifying target service areas and described federal and tribal consultation challenges as a recurring theme across multiple western jurisdictions.

Representatives from Tri‑State and Rocky Mountain Power joined the discussion and said interconnection plans and redundant transmission lines can improve reliability once rights and easements are cleared, but that the same BIA and allotment issues appear in other tribal territories as well.

Committee staff said they will consider inviting the BIA to the next meeting to discuss specific right‑of‑way cases and to explore possible solutions to accelerate critical housing and infrastructure projects.