Bureau of Indian Affairs ROW Application - Additional Utility Easement – US Dept. of Interior Bureau of IN Affairs

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4. RESERVATION OF JURISDICTION. (25 CFR 169.10, 169.125) The Pokagon Band maintains its existing jurisdiction over the land, activities, and persons within the right-of-way and this grant does not diminish to any extent: (a) the Pokagon Band’s power to tax the land, any improvements on the land, or any person or activity within, the right-of-way; (b) the Pokagon Band’s authority to enforce tribal law of general or particular application on the land subject to and within the right-of-way, as if there were no grant of right-of-way; (c) the Pokagon Band’s inherent sovereign power to exercise civil jurisdiction over non-members on Indian land; or (d) the character of the land subject to the right-of-way as Indian country under 18 U.S.C. 1151. 5. LAWS. (25 CFR 169.9) GRANTEE shall comply with all applicable federal and tribal law. 6. REGULATORY PROVISIONS. (25 CFR 169.125): A. On tribal land, the Pokagon Band has the right to reasonable access to the lands subject to the grant to determine GRANTEE’s compliance with consent conditions or to protect public health and safety; B. The GRANTEE has no right to any of the products or resources of the land, including but not limited to, timber, forage, mineral, and animal resources, unless otherwise provided for in the grant; C. BIA may treat any provision of a grant that violates Federal law as a violation of the grant; D. If historic properties, archeological resources, human remains, or other cultural items not previously reported are encountered during the course of any activity associated with this grant, all activity in the immediate vicinity of the properties, resources, remains, or items will cease and the GRANTEE will contact BIA and the Pokagon Band with jurisdiction over the land to determine how to proceed and appropriate disposition. E. GRANTEE must: (i) Construct and maintain improvements within the right-of-way in a professional manner consistent with industry standards; (ii) Pay promptly all damages and compensation, in addition to bond or alternative form of security made pursuant to §169.103, determined by the BIA to be due the landowners and authorized users and occupants of land as a result of the granting, construction, and maintenance of the right-of-way; (iii) Restore the land as nearly as may be possible to its original condition, upon the completion of construction, to the extent compatible with the purpose for which the right-of-way was granted, or reclaim the land if agreed to by the landowners; (iv) Clear and keep clear the land within the right-of-way, to the extent compatible with the purpose of the right-of-way, and dispose of all vegetative and other material cut, uprooted, or otherwise accumulated during the construction and maintenance of the project; (v) Comply with all applicable laws and obtain all required permits; (vi) Not commit waste; (vii) Operate, repair and maintain improvements consistent with the right-of-way grant; (viii) Build and maintain necessary and suitable crossings for all roads and trails that intersect the improvements constructed, maintained, or operated under the right-of-way; (ix) Restore the land to its original condition, as much as reasonably possible, upon cancellation or termination of the right-of-way, or reclaim the land if agreed to by the landowners; (x) At all times keep the BIA, and the Pokagon Band for tribal land, informed of the grantee’s address;