Right of Way
The Acquisition of Easements over Native American Lands For Transportation Project
The latest transportation bill signed into law on August 10, 2005 (the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" or “SAFETEA-LU”) provides five years of funding for transportation improvements, including a substantial number of projects which will require the acquisition of easements across Native American lands. The acquisition of easements over Native American trust lands for transportation projects are subject to the regulations issued by the Bureau of Indian Affairs (BIA) in 25 CFR 169. These regulations cover all types of easements including those required for State and local highways.
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