4.07.040 Service Line Agreements

(a) Requirement

Before a utility provider may begin any work to construct Service Lines across Tribal Land, the utility provider must enter into a Service Line Agreement in accordance with this chapter and federal regulations set forth at 25 C.F.R. Part 169, Subpart B or successor regulations of the BIA.

(b) Application

(1) A service provider shall submit to the Realty Officer a proposed Service Line Agreement, including

(A) applicant's name, address, phone number, email address;

(B) services the provider will supply;

(D) proposed avoidance, minimization, and/or mitigation of any damages incurred during construction and the restoration of the premises at the termination of the agreement, if appropriate.

(2) If the service provider does not provide a proposed Service Line Agreement, the Realty Officer may prepare a form of Service Line Agreement.

Within 15 days after receipt of a complete application for Service Line Agreement, the Realty Officer shall -

(1) determine whether to require a survey or, alternatively, to identify the relevant premises by means of a legal description, survey-grade positioning system or other description prepared by a registered land surveyor sufficient to describe the premises.

(2) unless a categorical exclusion applies, deliver a copy of the application packet to the Director for review pursuant to Section 5;

(3) deliver a copy of the application packet to the Tribal Attorney for legal review.

(d) Legal Review

The Tribal Attorney shall review the proposed Service Line Agreement and provide the Realty Officer with the attorney's recommendations or concerns, if any.

(e) Environmental Review

The Director shall assess the environment impact of a proposed Service Line Agreement in accordance with the standards of Section 4.07.050. In the event that a proposed Right-of-Way is not categorically excluded, the Director shall:

(1) request any additional information needed from the grantee that may be needed to complete an environmental review, and;

(2) perform an environmental review, and;

(3) report the results of his or her determination to the Realty Officer.

(f) Final Realty Officer Review

(1) Within fifteen business days after receipt of the final environmental review report prepared pursuant to Section 4.07.050, the Realty Officer shall determine whether the applicant has satisfied all requirements of this chapter. If the Realty Officer identifies deficiencies in the application, the Realty Officer shall:

(A) so advise the applicant and provide a reasonable period of time for the applicant to cure the deficiencies, and

(B) determine the extent of deficiencies and the necessary recourse action, which may require revisions to the initial environmental review, and/or;

(2) If the Realty Officer determines that the application meets the requirements of this section, the Realty Officer shall submit the application packet, together with the environmental review report, to the Tribal Council for a final decision whether to approve or disapprove the Service Line Agreement. The application packet submitted to the Tribal Council shall include:

(A) the proposed Service Line Agreement, together with the Realty Officer's recommendation, if any, whether to approve the Service Line Agreement;

(B) the Tribal Attorney's statement as to legal compliance and any comments or recommendations;

(D) any documents that the Tribal Council may specifically request; and

(E) any other relevant documents.

(g) Tribal Council Decision

(1) The Tribal Council shall have the sole authority to approve or disapprove a Service Line Agreement based on its judgment whether the benefits of the agreement outweigh any identified adverse impacts and whether the agreement is in the Public Interest.

(2) Triplicate originals of an approved Service Line Agreement shall be executed by the Chairperson, on behalf of the Tribe, and by the service provider.

(h) Realty Officer's Post Execution Duties

Following the execution of an approved Service Line Agreements by the Chairperson, the Realty Officer shall:

(1) Provide an executed copy of the Service Line Agreement together with a plat or diagram, to the BIA within 30 days after the date of execution for recording in the LTRO. The plat or diagram -

(A) Must show the boundary of the ownership parcel and point of connection of the Service Line with the distribution line; and

(B) include the signatures of the parties if the plat is on a sheet separate from the Service Line Agreement.

(2) Provide an original or certified copy of the Service Line Agreement to the applicant;

(3) preserve original and digital copies of the executed Service Line Agreement; and

(4) assure proper recording in accordance with this ordinance.