"It is their land by Treaty, the 1868 Fort Laramie Treaty."
Again i'm not sure how this fits into your chat
A Rule by the Indian Affairs Bureau on 11/19/2015
[...]
The general approach to the final rule is to provide a uniform system for granting rights-of-way over Indian land by relying primarily on a single statutory authority, 25 U.S.C. 323-328 .. https://www.govinfo.gov/link/uscode/25/323 , and to allow Indian landowners as much flexibility and control as possible over rights-of-way on their land. The rule requires that owners of a majority of the interests in a tract must consent to the right-of-way, in accordance with the statutory requirement in 25 U.S.C. 324 .. https://www.govinfo.gov/link/uscode/25/324, and specifies that tribes and individual Indian landowners may negotiate the terms of their consent, which ultimately become the terms of the grant. The rule clarifies that landowners may negotiate the terms to ensure the right-of-way is best suited to their needs. Landowners currently have this option, but are often presented with a “take-it-or-leave-it” offer by the potential grantee, and fail to negotiate. To provide efficiencies in standardization, the Department will develop a template grant form with placeholders for conditions and restrictions agreed to by landowners. The rule also affords landowners as much notice as possible regarding rights-of-way on their land, giving tribes and individual Indian landowners actual notice (as opposed to constructive notice) of every right-of-way affecting their land, including any land in which the tribe owns a fractional interest.
The rule addresses tribally owned land differently than individually owned land because, although the U.S. has a trust responsibility to all beneficial owners, it has a government-to-government relationship with tribes and seeks to promote tribal self-governance. The final rule also provides tribes with as much deference as possible, within the bounds of the Department's trust responsibilities, to determine which rights-of-way to grant, for how much compensation, and with identified enforcement provisions. The rule also provides that the BIA will defer to individual Indian landowners in their determinations, to the extent it is possible to coordinate with multiple individual Indian landowners.
Consistent with 25 U.S.C. 325 .. https://www.govinfo.gov/link/uscode/25/325 , the general trust relationship between the United States and the Indian tribes and individual Indians, and deference to tribal sovereignty, the final rule requires that the compensation granted to Indian landowners is just. The final rule does not establish any ceiling on compensation; to do so would unduly restrict landowners' ability to get the maximum compensation for their land interest. The Department's role is to ensure that the compensation is “just” for the Indian landowners.
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