Easements...
The Tribal Right-of-Way Technician processes easement and
right-of-way documents for Tribal lands and
individually-owned trust lands. Upon approval, these
documents provide legal access for roads, power lines, sewer
and water lines, and other utilities. Currently, the
Technicians priorities are negotiating rights-of-way for
the U.S. Highway 93 reconstruction project and for
Bonneville Power Administrations major transmission lines.
All transactions require the following steps:
- Obtain a Title Status Report (TSR). If on
individually-owned trust land, the Technician also obtains
an inventory of trust land ownership.
- Client submits Application for Right-of-Way. If on
individually-owned trust land, client submits a Notice of
Waiver. (This waiver applies to the pending Cobell v.
Norton lawsuit. Waiver forms are available from the
Technician.)
- The Technician conducts additional research, if
necessary, and contacts the individual trust owner(s) with
the additional information and asks whether or not they want
to consent to the easement. If the easement request is for
Tribally-owned property, the Technician prepares an issue
paper for the Tribal Council to review.
- If the individual trust owner(s) or the Tribal Council
approves the easement request, the Technician processes the
paperwork, which sometimes requires that an appraisal be
ordered. (Please note: There is a lengthy list for appraisal
services which are prioritized by the Tribal Council. Once
completed by Tribal staff, appraisals must also be approved
by the Northwest Regional Office.)
- If the individual trust owner(s) or the Council
disapproves the easement request, the Technician notifies
the applicant. Negotiations can continue if the owner or
applicant chooses a different alternative than what was
originally proposed.
The Right-of-Way Technician also reviews plats prior to
the Superintendents approval, and handles some trespass
issues.
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