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Class Synopsis
Rights of Way on Federal Indian Lands
Course Objective: To provide Federal and tribal employees with a basic understanding of
right of way concepts and rules, and to provide orientation and training in the
authorities for, and preparation of, rights of way across Federal Indian Lands. Due
to increased activity by states and utilities in condemning Indian lands we will go into
greater detail in discussing how to stop condemnation and how to get greater compensation
in the event of condemnation.
AGENDA
I. Background/History
A. Possessory Interest vs. Non-Possessory Interest
B. Definitions
1. Right of Way (by Easement or Deed)
2. Easement (Easement in gross. Easement appurtenant)
3. Encroachments
C. Easements Created by
1. Grant
2. Prescription
3. Express Reservation
4. Condemnation (Eminent Domain)
5. Authority for Easements and Rights-of-Way
6. Treaties and Special Acts
7. Act of February 5, 1948
8. The United States Code: 25 U.S.C. 323-328
9. Federal Regulations: 25 CFR 169, 170
D. Procedures and Guidelines
1. Delegations of Authority
2. 54 BIAM Supplement 7
II. Procedures
A. Application
B. The Consent
1. Applicant's Role
2. The BIA Role
3. Ability of Owner to Negotiate for Amount Above Fair Market Value
4. Categories of Owners on Whose Behalf the Secretary of the Interior May Consent.
C. Permission to Survey
D. Special Requirements for
1. Power Lines and Power Projects
2. Public/Private/CCC/BIA Roads
3. Oil and Gas Pipelines
4. Telecommunication Lines
5. Scenic and Buffer Easements
6. Billboards
7. Railroads
8. Flowage Easements
9. Air Space
E. The Grant of Right Of Way
1. A Function of the Secretary of the Interior
2. The Map of Definite Location (It's Definition)
a. May Not be Necessary If Simple Land Description Will Suffice
b. Specifications
c. The Surveyor's Affidavit
d. The Applicant's Certificate
3. Tenure
a. Perpetuity
b. Term of Years
c. Authority and Method to Renew
F. Environmental (NEPA) Requirements
G. Affidavit of Completion
H. Service Line Agreements
I. Termination of the Easement
1. By agreement
2. By revocation
3. By abandonment
III. Special Concerns
A. Dedications and Subdivision Plats
B. Access and Land-Lock Concerns
C. Obtaining Access Over Non-Indian Lands
D. Allotments and Tribal Authority to Condemn
E. Impact of State and County Maintenance Agreements
F. Trespass
G. Tribal Zoning Impacts.
PURCHASE ORDER OR CHECKS SHOULD BE RECEIVED BY ICC TO GUARANTEE A SPACE IN THIS CLASS.
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