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From page 47... ... NCHRP LRD 76 47 eral statutory law,525 and all questions with respect to rights of occupancy in land, and the manner, time, and conditions of extinguishment of Indian title are solely for consideration of the federal government.526 As a corollary to this, third parties such as states and political subdivisions acquire only such rights and interests in Indian lands as may be specifically granted to them by the federal government. To assure the utmost fairness in transactions between the United States and Indian tribes, any intent to deprive a tribe of its rights in land, or otherwise bring about the extinguishment of Indian title, either by grants in abrogation of existing treaties or through other congressional legislation, must be clearly and unequivocally stated, and language appearing in such grants and statutes is not to be construed to the prejudice of the Indians.527 The Act of March 3, 1901, 31 Stat. Read the entire page →
From page 48... ... 48 NCHRP LRD 76 dian lands" was not repealed. Thus, 25 U.S.C §§ 311 and 357 remain unchanged.534 • § 327, Rights-of-way for federal departments and agencies. Read the entire page →
From page 50... ... 50 NCHRP LRD 76 (3) Require any modifications or mitigation measures necessary to satisfy any requirements including any other Federal or tribal land use requirements. Read the entire page →
From page 51... ... NCHRP LRD 76 51 regulations provide that -- subject only to federal law -- permanent improvements in the right-of-way, activities on the right-of-way, and right-of-way interest are not subject to fees, taxes, assessments, levies or other charges imposed by a state or its political subdivisions, but may be subject to taxation by the tribe with jurisdiction.565 The regulations also place certain requirements on the grantee including the following: • Constructing and maintaining any improvements in the right-of-way "in a professional manner consistent with industry standards"; • Upon completion of construction restoring the land "as nearly as may be possible to its original condition… to the extent compatible with the purpose for which the right-of-way was granted, or reclaim the land if agreed to by the landowners"; • "Clear and keep clear the land within the right-of-way, to the extent compatible with the purpose of the rightof-way, and dispose of all vegetative and other material cut, uprooted, or otherwise accumulated during the construction and maintenance of the project"; • "Build and maintain necessary and suitable crossings for all roads and trails that intersect the improvements constructed, maintained, or operated under the right-of-way"; • "Refrain from interfering with the landowner's use of the land, provided that the landowner's use of the land is not inconsistent with the right-of-way"; • "Hold the United States and the Indian landowners harmless from any loss, liability, or damages resulting from the applicant's use or occupation of the premises" unless the grantee is prohibited by law from doing so; • "Indemnify the United States and the Indian landowners against all liabilities or costs relating to the use, handling, treatment, removal, storage, transportation, or disposal of hazardous materials, or release or discharge of any hazardous material from the premises that occurs during the term of the grant, regardless of fault, with the exception that the applicant is not required to indemnify the Indian landowners for liability or cost arising from the Indian landowners' negligence or willful misconduct." This requirement does not apply if the grantee is prohibited by law from doing this.566 Note also that the regulations at 25 C.F.R. § 169.219 provide a process for instances where engineering or other complications prevent construction in the location identified in the original application and grant of right-of-way. Read the entire page →
From page 52... ... 52 NCHRP LRD 76 3. State Eminent Domain Powers and Indian Land Congress has not provided states with general powers of eminent domain for tribal lands,572 but states may condemn allotments as provided in 25 U.S.C. Read the entire page →

From page 47...

... NCHRP LRD 76 47 eral statutory law,525 and all questions with respect to rights of occupancy in land, and the manner, time, and conditions of extinguishment of Indian title are solely for consideration of the federal government.526 As a corollary to this, third parties such as states and political subdivisions acquire only such rights and interests in Indian lands as may be specifically granted to them by the federal government. To assure the utmost fairness in transactions between the United States and Indian tribes, any intent to deprive a tribe of its rights in land, or otherwise bring about the extinguishment of Indian title, either by grants in abrogation of existing treaties or through other congressional legislation, must be clearly and unequivocally stated, and language appearing in such grants and statutes is not to be construed to the prejudice of the Indians.527 The Act of March 3, 1901, 31 Stat.

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From page 48...

... 48 NCHRP LRD 76 dian lands" was not repealed. Thus, 25 U.S.C §§ 311 and 357 remain unchanged.534 • § 327, Rights-of-way for federal departments and agencies.

Read the entire page →

From page 50...

... 50 NCHRP LRD 76 (3) Require any modifications or mitigation measures necessary to satisfy any requirements including any other Federal or tribal land use requirements.

Read the entire page →

From page 51...

... NCHRP LRD 76 51 regulations provide that -- subject only to federal law -- permanent improvements in the right-of-way, activities on the right-of-way, and right-of-way interest are not subject to fees, taxes, assessments, levies or other charges imposed by a state or its political subdivisions, but may be subject to taxation by the tribe with jurisdiction.565 The regulations also place certain requirements on the grantee including the following: • Constructing and maintaining any improvements in the right-of-way "in a professional manner consistent with industry standards"; • Upon completion of construction restoring the land "as nearly as may be possible to its original condition… to the extent compatible with the purpose for which the right-of-way was granted, or reclaim the land if agreed to by the landowners"; • "Clear and keep clear the land within the right-of-way, to the extent compatible with the purpose of the rightof-way, and dispose of all vegetative and other material cut, uprooted, or otherwise accumulated during the construction and maintenance of the project"; • "Build and maintain necessary and suitable crossings for all roads and trails that intersect the improvements constructed, maintained, or operated under the right-of-way"; • "Refrain from interfering with the landowner's use of the land, provided that the landowner's use of the land is not inconsistent with the right-of-way"; • "Hold the United States and the Indian landowners harmless from any loss, liability, or damages resulting from the applicant's use or occupation of the premises" unless the grantee is prohibited by law from doing so; • "Indemnify the United States and the Indian landowners against all liabilities or costs relating to the use, handling, treatment, removal, storage, transportation, or disposal of hazardous materials, or release or discharge of any hazardous material from the premises that occurs during the term of the grant, regardless of fault, with the exception that the applicant is not required to indemnify the Indian landowners for liability or cost arising from the Indian landowners' negligence or willful misconduct." This requirement does not apply if the grantee is prohibited by law from doing this.566 Note also that the regulations at 25 C.F.R. § 169.219 provide a process for instances where engineering or other complications prevent construction in the location identified in the original application and grant of right-of-way.

Read the entire page →

From page 52...

... 52 NCHRP LRD 76 3. State Eminent Domain Powers and Indian Land Congress has not provided states with general powers of eminent domain for tribal lands,572 but states may condemn allotments as provided in 25 U.S.C.

Read the entire page →

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