§ 169.102. What must an application for a right-of-way include?
300 words·~1 min read·
/us/cfr/t25/s§ 169.102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.