§ 169.404. What will BIA do about a violation of a right-of-way grant?
356 words·~2 min read·
/us/cfr/t25/s§ 169.404·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In the absence of actions or proceedings described in § 169.403 (negotiated remedies), or if it is not appropriate for us to defer to the actions or proceedings, we will follow the procedures in paragraphs
(b)and
(c)of this section. We will consult with the tribe for tribal land or, where feasible, communicate with Indian landowners for individually owned Indian land, and determine whether a violation has occurred.
(b)If we determine there has been a violation of the conditions of a grant, other than a violation of payment provisions covered by paragraph
(c)of this section, we will promptly send the grantee a written notice of violation.
(1)We will send a copy of the notice of violation to the tribe for tribal land, or provide constructive notice to Indian landowners for individually owned Indian land.
(2)The notice of violation will advise the grantee that, within 10 business days of the receipt of a notice of violation, the grantee must:
(i)Cure the violation and notify us, and the tribe for tribal land, in writing that the violation has been cured;
(ii)Dispute our determination that a violation has occurred; or
(iii)Request additional time to cure the violation.
(3)The notice of violation may order the grantee to cease operations under the right-of-way grant.
(c)A grantee's failure to pay compensation in the time and manner required by a right-of-way grant is a violation, and we will issue a notice of violation in accordance with this paragraph.
(1)We will send the grantees a written notice of violation promptly following the date on which the payment was due.
(2)We will send a copy of the notice of violation to the tribe for tribal land, or provide constructive notice to the Indian landowners for individually owned Indian land.
(3)The notice of violation will require the grantee to provide adequate proof of payment.
(d)The grantee will continue to be responsible for the obligations in the grant until the grant expires, or is terminated or cancelled, as well as any reclamation or other obligations that survive the end of the grant.