§ 169.102 - What must an application for a right-of-way include?

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An application for a right-of-way must identify:

The applicant;

The tract(s) or parcel(s) affected by the right-of-way;

The general location of the right-of-way;

The purpose of the right-of-way;

The duration of the right-of-way: and

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.

The following must be submitted with the application:

An accurate legal description of the right-of-way, its boundaries, and parcels associated with the right-of-way;

A map of definite location of the right-of-way (this requirement does not apply to easements covering the entire tract of land);

Bond(s), insurance, and/or other security meeting the requirements of § 169.103;

Record that notice of the right-of-way was provided to all Indian landowners;

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);

If applicable, a valuation meeting the requirements of § 169.114;

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:

The representative has authority to execute the application;

The right-of-way will be enforceable against the applicant; and

The legal entity is in good standing and authorized to conduct business in the jurisdiction where the land is located;

Environmental and archaeological reports, surveys, and site assessments, as needed to facilitate compliance with applicable Federal and tribal environmental and land use requirements; and

A statement from the appropriate tribal authority that the proposed use is in conformance with applicable tribal law, if required by the tribe.

There is no standard application form.