Current through October 31, 2024
Section 169.102 - What must an application for a right-of-way include?(a) An application for a right-of-way must identify: (2) The tract(s) or parcel(s) affected by the right-of-way;(3) The general location of the right-of-way;(4) The purpose of the right-of-way;(5) The duration of the right-of-way: and(6) The ownership of permanent improvements associated with the right-of-way and the responsibility for constructing, operating, maintaining, and managing permanent improvements under § 169.105 .(b) The following must be submitted with the application:(1) An accurate legal description of the right-of-way, its boundaries, and parcels associated with the right-of-way;(2) A map of definite location of the right-of-way (this requirement does not apply to easements covering the entire tract of land);(3) Bond(s), insurance, and/or other security meeting the requirements of § 169.103 ;(4) Record that notice of the right-of-way was provided to all Indian landowners;(5) Record of consent for the right-of-way meeting the requirements of § 169.107 , or a statement requesting a right-of-way without consent under § 169.107(b) ;(6) If applicable, a valuation meeting the requirements of § 169.114 ;(7) If the applicant is a corporation, limited liability company, partnership, joint venture, or other legal entity, except a tribal entity, information such as organizational documents, certificates, filing records, and resolutions, demonstrating that: (i) The representative has authority to execute the application;(ii) The right-of-way will be enforceable against the applicant; and(iii) The legal entity is in good standing and authorized to conduct business in the jurisdiction where the land is located;(8) Environmental and archaeological reports, surveys, and site assessments, as needed to facilitate compliance with applicable Federal and tribal environmental and land use requirements; and(9) A statement from the appropriate tribal authority that the proposed use is in conformance with applicable tribal law, if required by the tribe.(c) There is no standard application form.