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.
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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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Credits
OnDemand Course
This course was last revised on April 6, 2022.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- NM CLE 1.1
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.1 hours of credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.25
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.25 hours of A/V credit under the Law & Legal Procedure category.
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.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Faculty
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
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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