ROW Acquisition Process on Restricted Native Allotments

1. ROW Acquisition ProcessonRestricted Native Allotments 25 CFR Section 169

2. PERMISSION TO SURVEY • RIGHT OF WAY APPLICATION • GRANT OF EASEMENT

3. PERMISSION TO SURVEY • Application for Permission to Survey for ROW • Applicant should describe the location, width, and lengthof the area to be surveyed; include a sketch if available. • Signed Consent of the Landowner to Accompany Application for Permission to Survey

4. Submit Form 94-1 Application for Permission to Survey for Right of Way.

5. Signed Consent of Landowners to Accompany Application for Permission to Survey (Form 94-2) BIA will provide this form to the applicant (if requested) or send it directly to the landowner

6. Evidence of Authority of Officers to Execute Papers

7. The State is exempt from these: • Evidence of good faith and financial responsibility • Double estimated damages deposit - 25CFR § 169.4 • State certified Corporate Charter of Articles of Incorporation • Certified copy of resolution of by-laws of the corporation authorized to conduct business in the State of Alaska • Certified copy of the Articles of Partnership or Association Once completed, the above paperwork is submitted to BIA for approval. Once approved, the authorized BIA official will issue a letter granting permission to survey only

8. RIGHT OF WAY APPLICATION • Right of Way Application From 94-3 The right of way application must state the specific purpose (e.g. road, utility, etc.) and the term of the right of way. A grant for road right of way does not give the grantee the right to place an electric or utility line within the right of way unless the grant states so. A separate right of way application for a utility within the road right of way must be filed. Compensation will be required for the additional right of way. A word document of the legal description should be provided to BIA for use in completing forms.

10. A Map/Plat prepared by a Registered Land Surveyor depicting the easement area • 2 original maps, in Mylar or acetate • As a minimum the maps must: • Show the definite location and width of ROW • Map must be on, no larger than, 8-1/2: x 14” Mylar paper. Continuation sheets may be necessary • Be on a scale of 2,000 feet to the inch or larger • Identify the original allotment landowner • Identify allotment and survey number, or lot, block and survey number of tract of land • Identify section, township, range and meridian • Acreage of the proposed right of way, and the remaining acreage for both sides of the proposed right of way • Field notes from survey need to be shown on the map or submitted as a separate document • The Map/Plat and Legal Description will be subject to a Bureau Indian Land Surveyor Review (BILs Review)

11. Applicant’s Certificate Form 94-5

12. Engineer’s Affidavit Form 94-6

13. Landowner’s Consent to Grant Right of Way Form 94-7 • The law requires the landowner be justly compensated for easements across his/her land. The landowner may negotiate compensation directly with you. The agreed sum will be entered on the Consent form. NOTE: the offered compensation may not be adequate under federal regulations and you may be required to pay an additional amount.

14. Compensation • A check/money order for estimated compensation . • Make check payable to: “Bureau of Indian Affairs for (landowner’s name or allotment number).

15. Environmental Assessment • It is strongly suggested that an environmental assessment be provided by you. • The BIA can be requested to prepare the EA. However, it will be prepared based on availability of the Environmental Specialist

16. Permits • Timber Permits must be acquired from the BIA if merchantable trees are to be cut. • You must also acquire all regulatory permits required by State and Municipalities, including, but not limited to, Corp. of Engineers 404 Permit for Wetlands, Coastal Zone Managements permits and zoning requirements.

17. Appraisal and 106 Compliance (Archeological) Reports • The Bureau of Indian Affairs will provide these services, however, if time is a factor, you may consider providing the necessary documents to the BIA for review and concurrence. Please note that our Appraisal is a confidential document that is not provided to the applicant. If our schedule does not meet with your timeframe for completing the right of way acquisition process, Applicants often will arrange to pay for a private appraisal to provide to the BIA. Please be aware that it is very important that instructions must be given to the appraiser to provide the final Appraisal Report to the BIA. The Appraiser will not be able to provide you with a copy, or even the appraised fair market value of the easement. If time is not a consideration, the BIA will proceed with their Appraisal. We will not request the Appraisal if you notify us in writing that you will be providing this document. If you do plan on acquiring the Appraisal, we suggest that you contact the following for instructions: • Jenness Burns, Chief Appraiser, Office of Special Trustee, 271-4094

18. GRANT OF EASEMENT • Once the landowner has been counseled by staff at the BIA Alaska Region – Real Estate Services Branch, consented in writing on the Landowner’s Consent to Grant Right of Way, and all other above requirements have been met, the authorized BIA official will issue a Grant of Easement on the landowner(s) behalf. • The Grant of Easement and Mylar will be recorded in the BIA Alaska Region – Real Estate Services Branch

19. QUESTIONS?