The Acquisition of Easements over Native American Lands For Transportation Project

VI. Mapping of Options to Address Issues and Opportunities Identified by the Research Team

This section presents a mapping of the various issues and opportunity areas identified by the research team with the proposed options for consideration by the stakeholders.

Issue/Opportunity	Options
Tribal leaders often do not feel engaged in the acquisition process.	Developing Memorandum of Understanding (MOU) and/or a Project Specific Agreement (PSA) between States and Tribes. Strengthening information exchange between States, Tribes, and Agencies. Engaging the Tribe as a partner in transportation planning. Creating planning and/or right-of-way liaison positions to provide a common point of coordination and to establish rapport with the Tribes. Encouraging early involvement in the project development life cycle by State and Tribal Realty staff.
States do not always provide timely notification to the Tribes about the need for an easement.	Developing MOUs and PSAs to guide the acquisition process. Strengthening information exchange between States, Tribes, and Agencies. Engaging the Tribe as a partner in transportation planning. Creating planning and/or right-of-way liaison positions to provide a common point of coordination and to establish rapport with the Tribes. Encouraging early involvement in the project development life cycle by State and Tribal Realty staff.
There is considerable confusion and misunderstanding about the controlling authority for acquisition processes involving Native American lands.	Developing guidance materials for States and Tribes, which clarify the specific controlling authorities for the acquisition of right-of-way over Tribal lands. Establishing a brief course or workshop based on this guidance material. Documenting detailed procedures for the process of acquiring easements over Tribal Lands as part of the State's project development manual. Developing MOUs and PSAs. Strengthening information exchange between States, Tribes, the BIA and other agencies.
There is ambiguity concerning the State's authority to permit utilities within the highway right-of-way across Indian Lands.	Developing guidance materials for States and Tribes that clarify the specific controlling authorities for the acquisition of right-of-way over Tribal lands. Establishing a brief course or workshop based on this guidance material. Developing MOUs and PSAs addressing utilities and related issues. Strengthening information exchange between States, Tribes, the BIA and other agencies. Documenting detailed procedures for the process of acquiring easements over Tribal Lands as part of the State's project development manual.
Acquisition of easements across Tribal lands is viewed by many State staff as an extremely time consuming process.	Developing guidance materials for States and Tribes that clarify the specific controlling authorities for the acquisition of right-of-way over Tribal lands. Establishing a brief course or workshop based on this guidance material Developing MOUs and PSAs between States and Tribes. Strengthening information exchange between States, Tribes, the BIA and other agencies. Creating planning and/or right-of-way liaison positions to provide a common point of coordination and to establish rapport with the Tribes. Encouraging early involvement in the project development life cycle by State and Tribal Realty staff. Documenting detailed procedures for the process of acquiring easements over Tribal Lands as part of the State's project development manual.
There are some deviations from the standardized process across various Tribes and/or BIA regions based on local customs and business practices.	Developing guidance materials for States and Tribes that clarify the specific controlling authorities for the acquisition of right-of-way over Tribal lands. Establishing a brief course or workshop based on this guidance material to provide an overview of the process of acquiring right-of-way over Tribal lands. Developing MOUs and PSAs between States and Tribes. Strengthening information exchange between States, Tribes, the BIA and other agencies. Creating planning and/or right-of-way liaison positions to provide a common point of coordination and to establish rapport with the Tribes. Documenting detailed procedures for the process of acquiring easements over Tribal Lands as part of the State's project development manual.
Negotiations with a Tribe to secure right-of-way for a transportation project often involve a number of issues not directly related to the proposed acquisition.	Developing MOUs and PSAs between States and Tribes. Strengthening information exchange between States, Tribes, the BIA and other agencies. Engaging the Tribe as a partner in transportation planning. Creating planning and/or right-of-way liaison positions to provide a common point of coordination and to establish rapport with the Tribes. Encouraging early involvement in the project development life cycle by State and Tribal Realty staff.
There are limited information exchange and training opportunities related to the acquisition of right-of-way over Tribal lands.	Developing guidance materials for States and Tribes that clarify the specific controlling authorities for the acquisition of right-of-way over Tribal lands. Establishing a brief course or workshop based on this guidance material to provide an overview of the process of acquiring right-of-way over Tribal lands. Strengthening information exchange between States, Tribes, the BIA and other agencies through participation in various national meetings and/or by hosting a national forum to address Tribal lands acquisition issues.

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