061714 Proposed Rule Published Public Comment Hearings Start 112814 3 Extended Comment Hearings Closed 111915 Final Rule Published Comments Included in front portion ID: 912518
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Slide1
ROW Final Rule - TIMELINE
06/17/14 – Proposed Rule Published Public Comment Hearings Start11/28/14 – 3 Extended Comment Hearings Closed11/19/15 – Final Rule Published Comments Included (in front portion)12/21/15 – Effective Date Extended twice04/21/16 – ROW Final Rule in Effect
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Slide2ROW Final Rule - OVERVIEW
Relies only on Statutory Authority 25 U.S.C. 323-328Similar to Lease TransactionsNo BIA approval to survey, but still need to survey!Allows other forms of security instead of $ depositValuation requirements may be waived or adjustedDefines maximum term of ROW (avoids perpetual)Defines renewal terms
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Slide3ROW Final Rule - Published
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Slide4ROW Final Rule – Published Organization
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Page Number
Table of Contents for Responses to Comments
Subpart A, #5. – Types of Uses for ROW
Turn to page 72500 for comments and responses
Also shows where to find in the regulation section!
Subpart F – Service Line Agreements
Slide5ROW Final Rule – Published Organization
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Page 72534
Regulation Section Starts 41 pages after Table of Contents for Responses to Comments!
Part 169 – ROW
Or you can look regulations up online at:
www.ecfr.gov
Where to find answers for Compensation
Slide6ROW Final Rule - Organization
Subpart A – Purpose Definitions, General ProvisionsSubpart B – Service Line AgreementsSubpart C – Obtaining a ROWSubpart D – Duration, Renewals, Amendments, Assignments, MortgagesSubpart E – Effectiveness
Subpart F
– Compliance & Enforcement
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Slide7Subpart
A – Purpose Definitions, General Provisions169.1 – Purpose of Part 169 Broad Authority under 25 U.S.C. 323-328 and 25 U.S.C. 2218, where appropriate.Supports Tribal Self-Determination by incorporating Tribal Law and Policy.
Defers, to maximum extent possible, to Indian Landowners regarding decisions.
169.2 – Terms & Definitions
Permanent Improvement means pipelines, roads, structures, and other infrastructure attached to the land subject to the ROW.
Us/We/Our means the BIA.
169.3 – Indian Land Only
BIA does not work for fee interest owners, and the ROW Applicant is required to get a ROW from the fee interest owners separately.
BIA will not deny a ROW based upon fee land or fee interest owners.
BIA will not include fee interest in calculating the percentage of interests required for consent to grant a ROW.
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Slide8Subpart A
– Purpose Definitions, General Provisions169.4 – When do I need a ROW? 8
IF YOU ARE:
THEN YOU:
Not an owner of the Indian
Land
Must get BIA
approval for a ROW
Only
part owner of the Indian Land
Must get BIA
approval for a ROW
An Indian Tribe
or entity that owns part of the Indian Land
Must get
BIA approval for a ROW
Indian Landowner
who owns 100%No BIA approval for a ROW
A Lessee under 25 CFR Part 162, 211, 212, 225 or Permittee under 166No BIA approval for a ROWUnder another assignment that does not require Secretary approvalNo BIA approval for a ROW
OTHER EXAMPLES PROVIDEDSEE 169.4 TABLE in REGULATIONS
Slide9Subpart A
– Purpose Definitions, General Provisions169.5 – Types of ROWsPublic roads, access roads, service roads, highways, trailsWater and sewer lines (also pump stations and ditches)Oil and gas pipelines (also pump and meter stations)Electric transmission lines (also towers and stations)Telecommunication, broadband, and fiber optic linesRailroad and aviation easementsConservation easementsOther new uses in the future that are unforeseeable now
*All ROWs include inspection, maintenance and repair activities that are necessary to maintain the ROW use!
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Slide10Subpart A
– Purpose Definitions, General Provisions169.6 – Statutory Authority25 U.S.C. 323-32825 U.S.C. 2218, where appropriate169.7 – ROWs Before 4/21/16Procedural provisions apply (requirements to get landowner consent, enforcement rules, recordation)
Non-Procedural provisions do NOT apply (Determining compensation, ROW term)
If ROW not approved, applicant may withdraw application and resubmit to incorporate these new final regulations governing the ROW
If applicant proceeds, BIA will review application under the regulations in effect at the time of submission.
However, once approved the ROW will fall under the procedural provisions unless explicit provisions in the ROW document or statute authority conflict, then they will apply instead.
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Slide11Subpart A
– Purpose Definitions, General Provisions169.8 – Tribal AuthorityTribes may Contract or Compact, but do not have the authority to approve, disprove, waive (includes waiving valuations) or cancel ROWs.169.9 – Governing LawsSubject to Tribal law, except where inconsistent with Federal lawGenerally not subject to State law169.10 – Effect of ROW for Tribes
ROW should clarify that it does not diminish:
Tribes jurisdiction of land or people within the ROW
Ability of Tribes to tax the land or make improvements
Tribe’s ability to enforce Tribal Law
Tribe’s sovereign power to exercise civil jurisdiction
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Slide12Subpart A
– Purpose Definitions, General Provisions169.11 - TaxesROW improvements, interests, or any activities under the ROW, are not subject to taxes, fees or other charges by the State; but the Tribe may tax for these purposes.169.12 – Notice of ROWBIA will send written notification, by mail, unless it is requested to be sent by email. 12
If You Are
the:
Notification
will be sent to:
Tribe
Applicant and Tribe
Individual Indian
Land Owner
Applicant, Owner(s)
Individual Owner within Tribal Jurisdiction
Applicant, Owner(s),
Tribe
Slide13Subpart A
– Purpose Definitions, General Provisions169.13 – Appeals (See 25 CFR Part 2)ApplicantIndian LandownerInterested Party (person whose land is subject to the ROW or located adjacent to or very near the ROW whose own direct economic interest is adversely affected.
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Slide14ROW Final Rule – Subpart B
Service Line Agreements169.51 – ROW Required? NOTelephoneWater/SewerElectricityGas
Internet
Cable TV
Must be 14.5 kv or less or 34.5 kv or less for irrigation pumps and commercial uses
BIA DOES NOT APPROVE THE SERVICE LINE AGREEMENT, BUT BIA WILL NEED TO RECORD AGREEMENT!
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Slide15ROW Final Rule – Subpart B
Service Line Agreements 169.52 – What is a Service Line Agreement?To provide limited access to supply owners with utility services.169.53 – Agreements should include:Identify the type of utility service and parties to the Agreement.Mitigation of any damages during construction.
Reclamation activities, if any, at termination of Agreement.
169.54 – Consent Requirements
Service Line Agreement must be done prior to any construction.
169.55 – Valuation Requirement
Valuation is not required.
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Slide16ROW Final Rule – Subpart B
Service Line Agreements169.56 – File with BIAThe Agreement needs to be submitted to the BIA within 30 days of executing. The LTRO will record. The Agreement must include a plat or diagram.
Plat or diagram must show the boundary of the ownership parcel and point of connection of the service line with the distribution line.
If
the plat or diagram is sent in on a separate sheet then it needs to be signed by all parties of the Agreement.
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Slide17ROW Final Rule – Subpart C
Obtaining a ROW169.101 – How to get a ROWApplicant must submit an application to the BIA.Permission to Survey letter from BIA no longer required! However, the Applicant must still survey, and the Applicant is required to get consent from the owners to survey the ROW. Applicant must request, in writing, and the BIA will provide the
Individual Indian
Landowners names, addresses, and percentage of interest to the Applicant so they may get the owners consent to survey.
Applicant
Service Provider
BIA Tribe/Individual Owner(s)
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Slide18ROW Final Rule – Subpart C
Obtaining a ROW169.102 – ROW Applications – No Standard Application Form
Applicant Name, Address, Contact Information
Tract(s
) or Parcel(s) affected by the ROW
L
ocation
of the
ROW by survey
Purpose of the ROW
Duration (Oil & Gas 20 + 20/Others 50 years/Special
Cases)
Ownership of Permanent Improvements (see 169.105
)
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Slide19ROW Final Rule – Subpart C
Obtaining a ROWSupplemental Documents to Include:Accurate legal description of ROW, it’s boundaries, and parcels associated with ROWMap of definite location (except when ROW covers entire tract of land
) –
SURVEY
Bonds, insurance, or other means of security (see 169.103)
Proof that notice of ROW was provided to all Indian landowners
Consents (see 169.107)
Valuation, if applicable (see 169.114
)
If a Corporation, LLC, Partnership, Other Legal Entity (except Tribal)
Representative with authority to execute the Application
ROW is enforceable against Applicant
Is in good standing and authorized to do business within the jurisdiction
Environmental and Archaeological reports
Tribal authority that ROW use is in conformance with Tribal law, if required by Tribe.
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Slide20ROW Final Rule – Subpart C
Obtaining a ROW169.103 – Bonds, Insurance, Other SecurityMust Cover: Highest annual rent (unless one-time payment); Estimated damages from construction of Permanent Improvements; Estimated damages from potential contaminants, explosives, hazardous materials or waste; and Reclamation Bonds or Other Security: Must be deposited and made payable only to the BIA, and cannot be modified without BIA approval, unless Tribal Land.Insurance: Must identify both Indian Landowners and the BIA as additionally insured parties.
More regulations continue under 169.103 and 169.104 (Process of Releasing Bonds/Other Security).
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Slide21ROW Final Rule – Subpart C
Obtaining a ROW169.105 – Due Diligence RequirementsPermanent Improvements in the ROW grant must include Due Diligence language that requires the Applicant to complete construction within the scheduled timeframe. 169.106 – Applicant Contacts Individual Indian LandownersApplicants must submit a request to receive Individual Indian Landowner information.
The Applicant must state that it is for the purpose of negotiating a ROW.
The BIA will provide name, address, percentage of interest, location of land, and template consent form.
Upon Request, the BIA:
□
May assist applicants with contacting Individual Indian Landowners
□
Will help Individual Indian Landowners in ROW negotiations.
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Slide22ROW Final Rule – Subpart C
Obtaining a ROW169.107- Consent for a ROWTribes – Tribal consent agreement to grant ROWIndividual Indian Landowners – MAJORITY consentSuccessors are bound by predecessors consentBIA may grant ROW without consent if:There are more than 50 landowners.ROW does not cause substantial injury to the land or the landowners.
Landowners will be adequately compensated.
BIA provides notice of intent to grant ROW to all owners at least 60 days prior to grant date, and provides 30 days for landowners to object to ROW.
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Slide23ROW Final Rule – Subpart C
Obtaining a ROW169.108 – Authorized to Consent to ROWThis section provides guidance on who is allowed to consent to grant a ROW over Indian Land.169.109 – Life Estate ConsentIf there is a life estate on the tract subject to the ROW the Applicant must get the consent of both the life tenant and the owners of the majority of the remainder interest known at the time of application.
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Slide24ROW Final Rule – Subpart C
Obtaining a ROW169.110 – Tribal Monetary Compensation
169.111 – Compensation Reviews/Adjustments
No periodic review or adjustment of compensation is required unless the Tribe negotiates for reviews/adjustments.
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TRIBES
May allow
for any payment amount negotiated
May not need a valuation
if:
Tribe
has agreed that payment is satisfactory
Tribe waives valuation
Tribe determines that it is in its best interest
Slide25ROW Final Rule – Subpart C
Obtaining a ROW25169.112 – Individually Owned CompensationCompensation must not be less than Fair Market Value, unless:Applicant is a utility cooperative and provides a direct benefitApplicant is a Tribal utilityLandowner(s) submit a written waiver
BIA requires a valuation to determine Fair
Market Value, unless
100% of the Landowners
submit a written request to waive Valuation!
Slide26ROW Final Rule – Subpart C
Obtaining a ROW169.112 – Compensation Reviews/AdjustmentsCompensation reviews or adjustments need to occur every 5 years, unless certain conditions are met from this section.169.114 – Determine Fair Market ValueBIA will use market analysis, appraisal, or other appropriate valuation methods. BIA may use other agencies determinations of Fair Market Value if certain conditions are met.
169.115
–
When Compensation Due
O
ne-time lump sum
– ROW grant date, unless otherwise stated.
Incremental
– ROW grant must specify due dates,
but not more often than quarterly
if payments are made to BIA on behalf of landowner(s).
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Slide27ROW Final Rule – Subpart C
Obtaining a ROW169.116 – Who Receives Payment?Grant must specify if money paid directly to the landowners or through the BIA.Money may be paid directly to the Tribe.Money may be paid directly to the Landowner, if:IIM Accounts are set up and free of debtLess than 10 LandownersAll Landowners agree to Direct PayThere are more rules in this section that should be referred to if you are doing Direct Pay to Landowners.
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Slide28ROW Final Rule – Subpart C
Obtaining a ROW169.117 – Acceptable Ways to Make PaymentsIf paid to BIA on behalf of Indian Landowner(s), then there are many ways to pay.If paid directly to Landowner(s), then
payment method will be specified in ROW grant.
169.118 – Non-monetary Compensation
BIA
will defer to the Tribe to determine if alternate forms of compensation are in its best interests, and
BIA may accept alternate forms of compensation if it is determined that it is in the best interest of the Indian Landowner(s).
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Slide29ROW Final Rule – Subpart C
Obtaining a ROW169.119 – Payment NotificationsUpon the request of the Indian Landowner(s), the BIA may issue invoices to the Grantee, but that does not excuse the Grantee from paying on time.
169.120
–
Other Required Payments
This very short section includes other required payments (taxes, fees, assessments) that the Grantee may be subject to.
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Slide30ROW Final Rule – Subpart C
Obtaining a ROW169.121 – Life Tenant & Owner DistributionA Will that created the Life Estate will establish the distribution of payments, otherwise:The Life Tenant(s) and Owner(s) agree upon distribution; orThe Life Tenant(s) and Owner(s) must distribute payment as outlined
under 25 CFR Part 179.
169.122
–
Life Tenant Payments
The Grantee must pay directly to the Life Tenant,
unless the whereabouts of the Life Tenant are unknown
, in which case the BIA will accept payment on behalf of the Life Tenant.
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Slide31ROW Final Rule – Subpart C
Obtaining a ROW169.123 – BIA Process to Grant ROWThe process remains the same, except that the BIA will now promptly notify Applicant if the application is complete or incompleteWithin 60 days of notifying Applicant that application is complete:BIA will either grant or deny the ROWReturn package for revisionInform Applicant that more review time (additional 30 days) is needed
If BIA does not respond in a timely manner then the Applicant has the right to take action under 169.304.
169.124 – BIA Grants
ROW
BIA will grant ROWs, but there are limited exceptions
.
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Slide32ROW Final Rule – Subpart C
Obtaining a ROW169.125 – Grant ROW DocumentGrant ROW must include the Landowner(s) conditions, and:The use(s) the grant is authorizingWhether Assignments are permitted – who authorizes and any compensationWhether Mortgages are permitted – who authorizes and any compensation
Determine who owns Permanent Improvements (if any)
Grant ROW
Document Language Must State:
That Tribe will maintain its jurisdiction (169.10) and has the right to access,
Grantee has no right to resources (timber, mineral, animal) unless authorized.
BIA may treat any violations of Federal law as a Violation of the Grant.
That historic properties, archeological finds, human remains, and cultural items, if found,
will stop all activity and be immediately reported to the BIA and Tribe.
There are 17 more requirements stated under 169.125 and it is important that you get familiar with all of 169.125 to ensure you have everything applicable in the ROW Grant Document!
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Slide33ROW Final Rule – Subpart C
Obtaining a ROW169.126 – May a ROW contain preference consistent with Tribal law for employment of Tribal members? – YES!169.127 – Is a new ROW grant required for a new use within or overlapping an existing ROW? – Depends169.128 – When will BIA grant a ROW for a new use within or overlapping an existing ROW? – See ROW Procedures
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Slide34ROW Final Rule – Subpart C
Obtaining a ROW169.129 – What if construction location different?Then BIA and the Tribe (if Tribal land) will consider:An amended map of definite locationLandowner consent
Valuation or, with Landowner(s) consent, recalculation
Additional compensation or security, and other actions
If not a minor change in location, then a new ROW or an amendment to the ROW grant may apply, and:
A new ROW for the new construction location
An amendment to the original ROW grant document or a cancellation.
Cancellations and amendments will be recorded with LTRO.
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Slide35ROW Final Rule – Subpart C
Obtaining a ROW169.30 – Ownership of ImprovementsROW grant must specify who will own any Permanent Improvements, and: Whether improvements remain on the premises, upon the expiration, cancellation, or termination of the grant, in a condition satisfactory to the Landowner(s), and become the property of the Landowner(s).
Be removed within a specified time
period,
and that the premises will
be restored to original
condition
(or as close as possible).
3. If the Permanent Improvements will be disposed of by other means.
If the Permanent Improvements are to be removed within a specified time period, but are not, than an option for the Landowner(s) to take possession must be outlined in the ROW grant.
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Slide36ROW Final Rule – Subpart
DDuration, Renewals, Amendments, Assignments, Mortgages169.201 – DURATION (Term of ROW) BIA will defer to Tribe for length of term on Tribal LandFor Individual Land the BIA generally determines:Oil & Gas -
20 years,
renewable (maximum 50 years!)
All Others – 50 years maximum (initial term + any renewals)
BIA will consider different terms
that are consistent with use to be reasonable for the ROW, are in the best interest of the Landowner(s), or is required by another Federal Agency.
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Slide37ROW Final Rule – Subpart D
Duration, Renewals, Amendments, Assignments, Mortgages169.202 – RENEWALSA renewal is an extension of a term of an existing ROW without any other change. BIA will grant a renewal if:The initial Term and the Renewal Term, combined, do not exceed the maximum term determined to be reasonable under 169.201.
The existing ROW allows for automatic renewal or an option to renew, and includes specifications for compensation.
Grantee provides signed affidavit that there is no change in size, type, or location of the renewed ROW.
THE INITIAL TERM HAS NOT ENDED ALREADY!
No uncured Violation exist
Landowner(s) consent has been received, unless stated in original ROW grant that Landowner consent is not needed to renew.
If the above are not applicable, then the BIA requires a new ROW be obtained.
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Slide38ROW Final Rule – Subpart D
Duration, Renewals, Amendments, Assignments, Mortgages169.203 – Multiple RenewalsAllowed, unless:The ROW Grant does not allowROW exceeds maximum term as outlined in 169.201All renewals are subject to 169.202
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Slide39ROW Final Rule – Subpart D
Duration, Renewals, Amendments, Assignments, Mortgages169.204 – Amendment by Grantee An amendment is a change to any provision of the ROW grant. Grantee may request an administrative amendment (i.e. Legal Description correction) without gaining Consent, but must provide Landowner(s) written notice of change.
All other Amendments must obtain Consent from Landowner(s) and the BIA.
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Slide40ROW Final Rule – Subpart D
Duration, Renewals, Amendments, Assignments, Mortgages169.205 – Amendment ApprovalBIA notifies Grantee date Amendment received.If complete, BIA has 30 days to approve or disapprove.BIA will notify, in writing, the reason for the approval or disapproval.BIA may request an extension to review.If BIA does not meet the deadlines, then the Grantee or Landowner(s) may take action as outlined under 169.304.
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Slide41ROW Final Rule – Subpart D
Duration, Renewals, Amendments, Assignments, Mortgages169.206 – BIA Reasons to Disapprove AmendmentLandowner(s) have not given their ConsentGrantee’s sureties for Bond have not given ConsentGrantee is in Violation of the ROW grantCompelling reason to protect the Landowner(s) However:The
BIA will defer to the Landowner(s)
that the Amendment is in their best interest, and
The
BIA will not unreasonably disapprove
an Amendment.
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Slide42ROW Final Rule – Subpart D
Duration, Renewals, Amendments, Assignments, MortgagesASSIGNMENTSA Grantee may Assign their ROW grant to another, provided that they meet all of the requirements under;169.207 – Grantee May Assign a ROW169.208
– BIA Approval Process
169.209
– Decision to Approve or Disapprove
Generally, Assignments have same timeline and general requirements as Amendments, unless specific permissions are outlined in the ROW grant, or if the Assignment is due to merger or acquisition.
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Slide43ROW Final Rule – Subpart D
Duration, Renewals, Amendments, Assignments, MortgagesMORTGAGES169.210 – Grantee can Mortgage a ROW, if the ROW grant allows mortgaging.169.211 – Mortgage Approval Process same as the Amendment Process (Slide 40)169.212
–
BIA
Reasons
to
Disapprove same as Amendment BIA Reasons to Disapprove (Slide 41)
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Slide44ROW Final Rule – Subpart E
Effectiveness169.301 – ROW grant is in effect the date BIA approves, even if an appeal has been filed. 169.302 – ROW grant must be recorded in LTRO. This section gives additional information about Recording documents.169.303 – If BIA denies any ROW procedure we have just gone over (ROW grant, Renewal, Assignment, etc.) then BIA will notify parties immediately and tell them about their right to appeal the decision.
169.304
–
This section outlines the process if BIA does not meet their deadlines.
169.305
–
Appeal Bond Requirements
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Slide45ROW Final Rule – Subpart F
Compliance & Enforcement45
Slide46ROW Final Rule – Subpart F
Compliance & Enforcement169.401 – Purpose & ScopeProcedures used to address compliance and enforcement related to ROWs on Indian Land. 169.402 – Who Investigates ComplianceBIA will investigate if a Landowner notifies us of abandonment, non-use, or a violation; and may enter at any time after giving reasonable notice.
The Tribe with jurisdiction may investigate compliance consistent with Tribal law.
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Slide47ROW Final Rule – Subpart F
Compliance & Enforcement169.403 – ROW Negotiated Remedies47
TRIBE MAY NEGOTIATE REMEDIES:
For Violation,
Abandonment, or Non-Use
Remedies are stated
in the Consent to grant ROW
BIA incorporates negotiated remedies into ROW grant
If granted the power
to Terminate ROW, then:
BIA approval of the Termination
is not required
(TRIBE ONLY)
Termination
is effective without BIA cancellation
BIA will record the Termination in LTRO
Notify
any surety of any violations
Slide48ROW Final Rule – Subpart F
Compliance & Enforcement169.403 – CONTINUED48LANDOWNER(S) MAY NEGOTIATE REMEDIES:
Consent
of Landowners Majority Interest
If granted the power
to Terminate ROW, then:
BIA
concurrence is required
BIA will record the Termination in LTRO
Notify
any surety of any violation
Landowner(s)
may request BIA assistance
Slide49ROW Final Rule – Subpart F
Compliance & Enforcement169.404 – Violations of ROW grantBIA determines if Violation occurred. BIA mails Grantee written notice of Violation. A copy is mailed to
Tribe or
Landowner(s).
T
he Grantee has
10 days to respond with a cure, a dispute, or to request more time
.
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Slide50ROW Final Rule – Subpart F
Compliance & Enforcement169.405 – Violation Not Cured On TimeBIA consults with Tribe or Landowner(s) to:Cancel the ROW grant or give additional time to cure.Use remedies available under the ROW grant.
Use other remedies under applicable law (i.e.
C
ollection of bond, refer to Dept. of Treasury)
Even if ROW grant is cancelled, BIA may still use legal means necessary to recover unpaid compensation.
If ROW grant is cancelled, BIA will mail a cancellation letter to the Grantee. This section outlines what the letter should include.
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Slide51ROW Final Rule – Subpart F
Compliance & Enforcement169.406 – Late Payment, Penalties, FeesLate payment charges and penalties need to be specified in the ROW grant. In addition, the BIA may assess special fees incurred by trying to collect the debt.51
Dishonored
Check
$50.00
Each Notice
of Violation or demand letter
$15.00
Referred to Treasury
to collect delinquent debt
18% of balance due
Slide52ROW Final Rule – Subpart F
Compliance & Enforcement169.407 – Right to Payment for any proceeds, trespass damages, condemnation awards, settlement funds, and other payments.169.408 – BIA may cancel a ROW grant 30 days after mailing written notice to the Grantee, for non-use of ROW for 2 years. If the Grantee does not respond with a remedy within 30 days, the BIA will cancel the ROW grant and record in LTRO. If ROW abandoned at any time, the BIA will follow the same procedures. T
he Cancellation Notice sent to the Grantee from the BIA will inform the Grantee their right to appeal, and that it is possible that the official to whom the appeal is made will require the Grantee to post an appeal bond.
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Slide53ROW Final Rule – Subpart F
Compliance & Enforcement169.409 – Cancellation of a ROW not effective until 31 days after the Grantee receives notice, or 41 days after the date the notice was mailed. When a cancellation is not immediately effective (i.e. appeal is filed), the Grantee must continue to pay compensation and comply with all of the terms of the ROW grant.
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Slide54ROW Final Rule – Subpart F
Compliance & Enforcement169.410 – HoldoverIf Grantee remains after the ROW Grant has expired, been terminated or cancelled; then the BIA may consider this a Trespass, unless good faith negotiations are being pursued to renew or obtain a new ROW grant. Holdover time will go against the new term.54
Slide55ROW Final Rule – Subpart F
Compliance & Enforcement169.411 – Appeal Bond Regulations for ROW Cancellations(a) The appeal bond provisions in Part 2 of Chapter 25 will govern appeals for ROW cancellation decisions, except:(b) The Grantee may not appeal the appeal bond decision. However, the Grantee may request that the official to whom the appeal is made reconsider based on extraordinary circumstances. Any reconsideration decision to appeal the bond if final.
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Slide56ROW Final Rule – Subpart F
Compliance & Enforcement169.412 – BIA will issue a decision on an appeal from a ROW decision within 60 days of receipt of all pleadings.169.413 – If an individual or entity takes possession of, or uses, Indian Land or BIA land without a ROW and a ROW is required, the unauthorized possession or use is a Trespass. An unauthorized use within an existing ROW is also a Trespass. The BIA, Tribe and Landowner(s) may take any available remedies under applicable law to recover possession.
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Slide57ROW Final Rule – Subpart F
Compliance & Enforcement169.414 – Emergency ActionsBIA may take emergency action if there is a natural disaster or if there is threat to cause immediate and significant harm to Indian land.BIA will try to notify the Landowner(s) before taking emergency action.
BIA is required to notify the
Landowner(s), in writing, after
taking emergency action.
57
Slide58ROW Final Rule – Subpart F
Compliance & Enforcement169.415 – Compliance & Enforcement for Life EstateBIA will monitor and enforce the ROW grant terms on behalf of the of the remaining interest, but is not responsible for enforcing the ROW on behalf of the Life Tenant.Life Tenants cannot cause or allow permanent injury to the land. 58
Slide59Asking Questions Helps us Learn Together!
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