Rights of Way on Federal Indian Lands


Course Objective: To provide federal, tribal, and utility company 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. This class will also include an overview of Legal Descriptions



  • Background/History
Possessory Interest vs. Non-Possessory Interest
Definitions
  • Right of Way (by Easement or Deed)
  • Easement (Easement in gross. Easement appurtenant)
  • Encroachments
Easements Created by
  • Grant
  • Prescription
  • Express Reservation
  • Condemnation (Eminent Domain)
  • Authority for Easements and Rights-of-Way
  • Treaties and Special Acts
  • Act of February 5, 1948
  • The United States Code: 25 U.S.C. 323-328
  • Federal Regulations: 25 CFR 169, 170
Procedures and Guidelines
  • Delegations of Authority
  • 54 BIAM Supplement 7
  • Procedures
  • Application
  • The Consent
  • Applicant’s Role
  • The BIA Role
  • Ability of Owner to Negotiate for Amount Above Fair Market Value
  • Categories of Owners on Whose Behalf the Secretary of the Interior May Consent.
  • Permission to Survey
  • Special Requirements for
  • Power Lines and Power Projects
  • Public/Private/CCC/BIA Roads
  • Oil and Gas Pipelines
  • Telecommunication Lines
  • Scenic and Buffer Easements
  • Billboards
  • Railroads
  • Flowage Easements
  • Air Space
  • The Grant of Right Of Way
  • A Function of the Secretary of the Interior
  • The Map of Definite Location (It’s Definition)
  • May Not be Necessary If Simple Land Description Will Suffice
  • Specifications
  • The Surveyor’s Affidavit
  • The Applicant’s Certificate
  • Tenure
  • Perpetuity
  • Term of Years
  • Authority and Method to Renew
  • Environmental (NEPA) Requirements
  • Affidavit of Completion
  • Service Line Agreements
  • Termination of the Easement
  • By agreement
  • By revocation
  • By abandonment
  • Special Concerns
  • Dedications and Subdivision Plats
  • Access and Land-Lock Concerns
  • Obtaining Access Over Non-Indian Lands
  • Allotments and Tribal Authority to Condemn
  • Impact of State and County Maintenance Agreements
  • Trespass
  • Tribal Zoning Impacts.