The Board of Directors declares its intent to expressly retain all aspects of Tribal governmental dominion and control over all new or expanded rights-of-way, easements and similar interests in real property granted or conveyed for any purpose over Tribally owned lands on and off the Tulalip Indian Reservation held in trust or restricted title status and over Indian-owned lands within the Reservation held by the United States in trust or restricted title status. All applications for and grants or conveyances of rights-of-way, easements and similar interests in real property shall be made under the provisions of 25 U.S.C. 324 and 325, as well as Tribal law, and subject to such terms as are acceptable to the Board of Directors and Secretary of the Interior. The Board of Directors and Secretary of the Interior shall refrain from granting a right-of-way or easement if a prospective grantee refuses to accept an express retention of Tribal governmental dominion and control as a condition precedent to the grant or conveyance and a condition on the right-of-way or easement. Each document of consent and of conveyance shall include an express provision of consent by grantee to Tribal governmental dominion and control as specified in the amendments to TTC § 6.20.020, Rights-of-way, easements and revocable permits; provided, that any specific condition or conditions negotiated and agreed to between the Tulalip Tribes and any other government shall be substituted for the conditions set forth in this chapter when the agreed condition or conditions are supported by resolutions of the Tulalip Tribes and of the governing body of the government to which a right-of-way or easement is to be granted.
(Ord. 116 § 1, 7-13-2001 (Res. 2001-244); Res. 2001-269)
Rights-of-way, easements and similar interests in real property over Tribally owned lands on and off of the Tulalip Indian Reservation held in trust or restricted title status and over Indian-owned lands within the Reservation held by the United States in trust or restricted status may be granted by the Superintendent, Puget Sound Agency, under the provisions of 25 U.S.C. 324 and 325, and only upon the approval of the Board of Directors or of the individual owner, as applicable. Each document of consent or conveyance shall include the following two clauses:
This right-of-way or easement is granted upon the express understanding of the grantee and of the Tulalip Tribes and of the Secretary of Interior that the Tulalip Tribes retain all aspects of Tribal governmental dominion and control over the land and any property or transaction that may occur on the land, as well as over all persons and property involved therein, as if the right-of-way or easement did not exist. All parties to this right-of-way or easement acknowledge that this grant is conditioned upon this retained Tribal regulatory and adjudicatory authority and that this retention of Tribal regulatory and adjudicatory authority is a part of the consideration and contract between the Tribal government, the Secretary and the grantee.
In the event a court of competent jurisdiction deems this retention of Tribal governmental dominion and control to be of less than complete force or effect, the grantee covenants to immediately cease use of the land, relinquish all rights and claim to the right-of-way or easement, and to promptly remove all grantee’s property and improvements from the land and restore it to its pre-grant condition. Such relinquishment shall in no way be deemed to diminish any liability or responsibility arising out of or resulting from grantee’s use or possession of the land.
(Ord. 116 § 2, 7-13-2001 (Res. 2001-244))