(a) Before the supply provider can begin construction of power lines using the tribe, the supply supplier and the tribe (or the occupiers or users authorized by law and at the request of the tribe) must execute a service-line contract. Piggybacking, also known as franchising, also requires the agreement of landowners under the new rules. 25 C.F.R. 169.127, 169.128. This rule represents a change in the management of rights of way in Indian countries. Through piggybacking, priority people allow other companies to use the right of priority for other purposes. For example, the funder authorizes water, pipeline, gas, electricity, telephone or cable lines as part of an existing priority right for a circular road. Previous precedents decided that the fellow could be piggybacking on the rights of way on the country of trust, if authorized by state law. However, under the new regulations, piggybacking is only permitted with the consent of the landowner. Like mortgages and transfers, this is a procedural rule for existing priority rights, unless piggybacking is authorized by piggybacking without the landowner`s consent. We do not need evaluation for service line agreements.
The new regulations support the self-management of tribes through greater opportunities for the management and control of fiduciary territories and the explicit recognition of tribal autonomy on the reserve. Tribes would be well served if they took advantage of this opportunity by conducting a comprehensive inventory and analysis of current legal and service lines agreements and by enacting and implementing tribal and regulatory tax laws. Service lines are generally diverted from establishments for which priority rights must be acquired. A power line is a power line from a main line, transmission line or distribution line, used only for the supply of a home, business or other structure by telephone, water, electricity, gas, online or any other supply service. In the case of a high-voltage line, a power line is limited to a voltage of 14.5 kv or less, or a voltage of 34.5 kv or less, when using irrigation pumps and commercial and industrial purposes. To access the Indian country for service lines, the priority recipient must submit an online service contract that meets that party`s requirements with BIA. Tribes may also want to invest service line agreements that have been executed on the Trust-Land. The old rules were a bit vague with respect to service-line agreements. See existing provisions under 25 C.F.R. The term “service line” was not defined, but included distribution lines for telephone, water, electricity, gas and other services. A service-line contract did not require BIA authorization, but had to be submitted to BIA after execution.
Under the old rules, a service-line contract may have been executed instead of a priority right, either because the company concerned used a broad interpretation of the term “service-line contract” or because the use of a service-line contract avoided the need for BIA authorization and was therefore seen as a faster means of providing services. Although service line agreements are submitted to BIA, they have often not been registered with the BIA Land Title and Records Office (LTRO) and may therefore not appear in title recordings and copies may not be available at LTRO.