25 C.F.R. § 169.102

Current through April 30, 2024
Section 169.102 - What must an application for a right-of-way include?
(a) An application for a right-of-way must identify:
(1) The applicant;
(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.

25 C.F.R. §169.102