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Utility Easements and Rights-of-Way on Tribal Land: Updates and Recent Developments Niccole King, SRPMIC Assistant Counsel February 12, 2013.

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Presentation on theme: "Utility Easements and Rights-of-Way on Tribal Land: Updates and Recent Developments Niccole King, SRPMIC Assistant Counsel February 12, 2013."— Presentation transcript:

1 Utility Easements and Rights-of-Way on Tribal Land: Updates and Recent Developments Niccole King, SRPMIC Assistant Counsel February 12, 2013

2 Applicable Rules: Federal and Tribal Laws, Statutes, and Policy ROW Considerations and Challenges: Where is the ROW located? Are there existing ROW? Who holds the ROW? What is the ROW Process? Solutions, Avoiding Pitfalls: Build relationships, know your contacts, ROW resources, plan and be patient

3 Federal Statutes, Regulations, and Policy 25 U.S.C C.F.R. Part C.F.R. § – Telephone and telegraph lines; radio, television, and other communications facilities. Authorizes “right-of-way grants across tribal, individually owned, and Government-owned land for telephone and telegraph lines and offices, for poles and lines for communication purposes, and for radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities.” BIA-WRO Policy Guidelines: Right-of-Way Transactions, dated August 1, 2003.

4  Tribal Statutes and Policies ◦ Approximately 566 Federally Recognized Tribes ◦ Arizona has 22 Federally Recognized Tribes ◦ Salt River Pima-Maricopa Indian Community:  Chapter 17 of SRPMIC Code of Ordinances  Article III. Roadway Construction  Article VIII. Uniform Road and Utility Corridors  Article IX. Highway Rights-0f-Way  Zoning Code - Wireless Communications Ordinance  SRPMIC Right-of-Way Manual

5 Who, What, When and Where?  Where is the ROW located? Across Tribal and/or Allotted land? Is there an existing ROW?  When is the ROW needed? What is your time schedule?  What is the Process? BIA and Tribal Processes  Who is the applicant? Who holds the ROW?

6 Orientation: Boundary Neighboring Cities Freeways Salt River Arizona Canal Central Arizona Project Allotted vs. Tribal Tribally Owned Allotted Individually-Owned Legend:

7 Land Ownership – Tribal, Allotted, Fee, or mixture Tribally-Owned Lands – Landowner consent granted through tribal Council. Allotted Lands – Individually Owned by One or More Landowners; each with an undivided interest. See Sketch Below. - Must Get >51% LO consent for each Allotment**. Fee Lands – The Community has bought some “fee land” around the State and off-reservation. Landowner consent granted through tribal Council. Ownership Consents (example) SRAL Jane100% SRAL John 25% Bob 25% Joe5% Bill Jr.1% Ray0.05% And maybe 200 Others SRAL Jane50% Jill50% New 40-ft R/W TRIBAL Note: 1. Green = Landowner who has consented to R/W “in writing”. 2. Each parcel may have 1 Landowner, or may be greatly fractionalized.

8 Right-of-Way Process Identify Problem & Recommended Solution 2 Wks – 3 Months Legal Survey 3 Weeks Appraisal 6 Months Cultural & Environmental Clearance 6 Months Obtain Landowner Consents 3+ Months-? Years Legal Review of R/W Documents / Signatures 4 Weeks Application for R/W (2 originals) Tribal Resolution (draft) Grant of Easement (draft) Land Board / Public Hearing (1/2 Mile Radius) 4 Weeks Council Resolution 4 Weeks Compensation Placed in Escrow or w/ SRPMIC 2 Weeks Submit R/W To SR Agency For Approval 4 Week Recordation at LTRO Best Case = Months* CIP Funding // Design // Construction Affidavit of Completion Things needed from the “Applicant”.

9  Know your BIA and Tribal ROW contacts - Build Relationships, Relationships matter ◦ Know your State and County contacts  What Resources are available? ◦ SRP-MIC’S website: ◦ 25 U.S.C. §§ (Act of February 5, 1948) ◦ 25 CFR § 169 (Rights of Way Over Indian Land) ◦ Indian Land Consolidation Act, 25 USCA §2201 et.seq. ◦ Tribal Ordinances and Policies ◦ BIA WRO Regional Policy Guidance – Rights of Way Transactions, dated 1 Aug 2003

10 Thank You


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