Tribes and Transportation

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Topics

• Minnesota Tribal Road Safety Summit, 2008
• Agreements
• Employment MOUs and policy
• Mn/DOT Public and Stakeholder Participation - Hear Every Voice
• Environmental, historic and cultural preservation
• Right of Way
• Road signs (pdf)

About Tribal and Indian Land

 

Individually owned lands are of two kinds

• Trust land - The federal government holds legal title but the beneficial interest remains with the Individual Indian
• Restricted fee land - An individual Indian holds legal title but with legal restrictions against alienation or encumbrance

 

Tribally owned lands are of three kinds

• Trust land - The federal government holds legal title but the beneficial interest remains with the tribe
• Restricted fee land - The tribe holds legal title but with legal restrictions against alienation or encumbrance
• Fee land purchased by tribes - The tribe acquires legal title under specific statutory authority. However, by operation of law, the title becomes restricted because, without the consent of Congress, it cannot be alienated and, without the consent of the Secretary of Interior, it cannot be encumbered.

 

 

Regulations and Resources

 

Federal Regulations regarding Tribal lands

Code of Federal Regulations, Title 25, Volume 1, Part 169 Rights of way over Indian lands: Procedures, terms and conditions under which rights-of-way over and across tribal land, individually owned land and Government owned land may be granted

 

Right of Way Acquisition

The Bureau of Indian Affairs has supervision of applications for construction across Indian lands. Applications for use and occupancy of Indian lands should be submitted by Mn/DOT to the Secretary of the Interior. The application must be in accordance with the regulations of the Bureau of Indian Affairs as outlined in Title 25, Code of Federal Regulations, Part 169:

 

Resources

• Procedural Handbook: Grants of Easements for Right-of-Way on Indian Lands (pdf)) Department of the Interior, Bureau of Indian Affairs, Division of Real Estate Services
• The Acquisition of Easements over Native American Lands for Transportation Projects The U.S. Federal Highway Administration has released a report that examines the challenges inherent in obtaining right-of-way easements over Tribal or allotted lands, explores best practices in use by some state departments of transportation, and assesses the applicability of these best management practices for use nationally. The report is designed to identify potential options for reducing the complexity and risk associated with the acquisition of right-of-way easements over Tribal or allotted lands.
• Public Highways: Rights of Way Across Indian Lands (ppt) Jay Daniels, BIA Midwest Regional Office, presented at the May 5-6, 2009 Midwest Regional Indian Reservation Road Workshop
• Native American Trust Land Transfers in Minnesota, Laura Smith, Spring 2004 Reporter, Center for Urban and Regional Affairs
• Indian Trust Land, Laura Smith presentation at the 2004 Tribes and Transportation Conference.