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Bureau of Indian Affairs' New Right-of-Way Regulations

Understand the BIA's regulations governing the process of obtaining grants of rights-of-way on Indian land.

Native American tribes are indigenous political communities that possess ancient sovereignty predating the founding of the United States. They are also diverse, each possessing a unique history and culture. One attribute of tribal sovereignty is the right to regulate sovereign territory, which commonly includes the right to exclude non-tribal persons and entities in coordination with their principal federal trustee, the United States Department of the Interior, Bureau of Indian Affairs (BIA). There are times that local governments and other public and private entities will need access through tribal lands but find the process for obtaining such access to be opaque and difficult to navigate. This course will help local governments and other entities understand the BIA's regulations governing the process of obtaining grants of rights-of-way on Indian land in a manner that supports tribal self-determination and self-governance. This material will also provide a general overview of tribal sovereignty.

Learning Objectives

  • You will be able to describe tribal sovereignty.
  • You will be able to discuss the federal-tribal trust relationship.
  • You will be able to explain the effectiveness of rights-of-way.
  • You will be able to recognize the BIA's regulations governing the process of obtaining grants of rights-of-way on Indian land.

68 minutes
Course Exam
Certificate of Completion
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Agenda

Overview of Tribal Sovereignty

  • Brief History of Native America Law and Policy
  • Federal-Tribal Trust Relationship
  • Tribal Civil Jurisdiction and Tax Authority

Obtaining a Right-of Way

  • Application
  • Consent Requirements
  • Compensation Requirements
  • Grants of Rights-Of-Way

Duration, Renewals, Amendments, Assignments, and Mortgages

  • Duration and Renewals
  • Amendments
  • Assignments
  • Mortgages

Effectiveness of Rights-Of-Way

Compliance and Enforcement

Questions and Answers

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Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on April 6, 2022.

Call 1-866-352-9540 for further credit information.

  • AIA 1.0
     
  • Lorman Education Services is a registered provider of AIA-approved continuing education under Provider Number J2016. This course is approved for 1.0 Learning Unit hour(s). Prerequisite: None, Program Level: Intermediate: Advanced Preparation: None All registered AIA CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider or this learning program may be sent to AIA CES ([email protected] or (800) AIA 3837, Option 3). This learning program is registered with AIA CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product. AIA continuing education credit has been reviewed and approved by AIA CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.
     
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  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
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  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
     
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The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • HI CLE 1.0
     
  • NJ CLE 1.3
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.3
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Ellen Grover

Ellen Grover

Best Best & Krieger LLP

  • More than 15 years of experience representing federally recognized Indian tribes on a range of matters, including business and economic development, project license compliance, renewable energy development, telecommunications infrastructure issues, land use, and environmental impact review matters and financing
  • Some representative matters include representation of a federally recognized Indian tribe in the negotiation of long-term electrical and natural gas right-of-way agreements, and of a federally recognized Indian tribe in connection with the successful development of a travel and gaming facility and hydroelectric relicensing, implementation, and acquisition matters
  • Ranked by The Best Lawyers in America® in the areas of Native American Law, Energy Law, Land Use, and Zoning Law
  • Member of the Oregon State Bar’s Sustainable Future, Environmental and Natural Resources, and Real Estate and Land Use sections
  • Serves on the board of the Bend Endurance Academy
  • Served as a co-managing partner and a leading member of the Native American Law team at Karnopp Petersen before the firm joined BB&K in 2022
Josh Newton

Josh Newton

Best Best & Krieger LLP

  • 20 years of experience providing Native American tribes with a suite of general and special counsel services; has represented tribal clients in a range of issues, including trust litigation against the United States and enforcement of tribal treaty rights
  • Representative matters include the successful defense of a federally recognized Indian tribe in a Clean Water Act citizen suit action and representation of a federally recognized Indian tribe in connection with risks posed by railroad operations along the Columbia River
  • Member and former chair of the High Desert Museum Board of Trustees and a member of the Economic Development for Central Oregon, Inc. Board of Directors
  • Ranked by The Best Lawyers in America® for Commercial Litigation
  • Has been published in numerous Oregon State Bar publications and regularly presents at industry and legal events on topics such as tribal site protection and Oregon water law
  • Served as a leading member of the Native American Law team at Karnopp Petersen before the firm joined BB&K in 2022
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Product ID: 409672
Published 2022
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