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FEDERAL · 25 CFR

Part 169 — Rights-of-Way over Indian Land

82 sections · Title 25: Indians

§ 169.1What is the purpose of this part?
§ 169.2What terms do I need to know?
§ 169.3To what land does this part apply?
§ 169.4When do I need a right-of-way to authorize possession over or across Indian land?
§ 169.5What types of rights-of-way does this part cover?
§ 169.6What statutory authority will BIA use to act on requests for rights-of-way under this part?
§ 169.7Does this part apply to right-of-way grants submitted for approval before December 21, 2015?
§ 169.8May tribes administer this part on BIA's behalf?
§ 169.9What laws apply to rights-of-way approved under this part?
§ 169.10What is the effect of a right-of-way on a tribe's jurisdiction over the underlying parcel?
§ 169.11What taxes apply to rights-of-way approved under this part?
§ 169.12How does BIA provide notice to the parties to a right-of-way?
§ 169.13May decisions under this part be appealed?
§ 169.14How does the Paperwork Reduction Act affect this part?
§ 169.51Is a right-of-way required for service lines?
§ 169.52What is a service line agreement?
§ 169.53What should a service line agreement address?
§ 169.54What are the consent requirements for service line agreements?
§ 169.55Is a valuation required for service line agreements?
§ 169.56Must I file service line agreements with the BIA?
§ 169.101How do I obtain a right-of-way across tribal or individually owned Indian land or BIA land?
§ 169.102What must an application for a right-of-way include?
§ 169.103What bonds, insurance, or other security must accompany the application?
§ 169.104What is the release process for a bond or alternative form of security?
§ 169.105What requirements for due diligence must a right-of-way grant include?
§ 169.106How does an applicant identify and contact individual Indian landowners to negotiate a right-of-way?
§ 169.107Must I obtain tribal or individual Indian landowner consent for a right-of-way across Indian land?
§ 169.108Who is authorized to consent to a right-of-way?
§ 169.109Whose consent do I need for a right-of-way when there is a life estate on the tract?
§ 169.110How much monetary compensation must be paid for a right-of-way over or across tribal land?
§ 169.111Must a right-of-way grant for tribal land provide for compensation reviews or adjustments?
§ 169.112How much monetary compensation must be paid for a right-of-way over or across individually owned Indian land?
§ 169.113Must a right-of-way grant for individually owned Indian land provide for compensation reviews or adjustments?
§ 169.114How will BIA determine fair market value for a right-of-way?
§ 169.115When are monetary compensation payments due under a right-of-way?
§ 169.116Must a right-of-way specify who receives monetary compensation payments?
§ 169.117What form of monetary compensation is acceptable under a right-of-way?
§ 169.118May the right-of-way provide for non-monetary or varying types of compensation?
§ 169.119Will BIA notify a grantee when a payment is due for a right-of-way?
§ 169.120What other types of payments are required for a right-of-way?
§ 169.121How will compensation be distributed among the life tenants and owners of the remainder interests?
§ 169.122Who does the grantee pay if there is a life estate on the tract?
§ 169.123What is the process for BIA to grant a right-of-way?
§ 169.124How will BIA determine whether to grant a right-of-way?
§ 169.125What will the grant of right-of-way contain?
§ 169.126May a right-of-way contain a preference consistent with tribal law for employment of tribal members?
§ 169.127Is a new right-of-way grant required for a new use within or overlapping an existing right-of-way?
§ 169.128When will BIA grant a right-of-way for a new use within or overlapping an existing right-of-way?
§ 169.129What is required if the location described in the original application and grant differs from the construction location?
§ 169.130Must a right-of-way grant address ownership of permanent improvements?
§ 169.201How long may the duration of a right-of-way grant be?
§ 169.202Under what circumstances will a grant of right-of-way be renewed?
§ 169.203May a right-of-way be renewed multiple times?
§ 169.204May a grantee amend a right-of-way?
§ 169.205What is the approval process for an amendment of a right-of-way?
§ 169.206How will BIA decide whether to approve an amendment of a right-of-way?
§ 169.207May a grantee assign a right-of-way?
§ 169.208What is the approval process for an assignment of a right-of-way?
§ 169.209How will BIA decide whether to approve an assignment of a right-of-way?
§ 169.210May a grantee mortgage a right-of-way?
§ 169.211What is the approval process for a mortgage of a right-of-way?
§ 169.212How will BIA decide whether to approve a mortgage of a right-of-way?
§ 169.301When will a right-of-way document be effective?
§ 169.302Must a right-of-way be recorded?
§ 169.303What happens if BIA denies a right-of-way document?
§ 169.304What happens if BIA does not meet a deadline for issuing a decision on a right-of-way document?
§ 169.305Will BIA require an appeal bond for an appeal of a decision on a right-of-way document?
§ 169.401What is the purpose and scope of this subpart?
§ 169.402Who may investigate compliance with a right-of-way?
§ 169.403May a right-of-way provide for negotiated remedies?
§ 169.404What will BIA do about a violation of a right-of-way grant?
§ 169.405What will BIA do if the grantee does not cure a violation of a right-of-way grant on time?
§ 169.406Will late payment charges, penalties, or special fees apply to delinquent payments due under a right-of-way grant?
§ 169.407How will payment rights relating to a right-of-way grant be allocated?
§ 169.408What is the process for cancelling a right-of-way for non-use or abandonment?
§ 169.409When will a cancellation of a right-of-way grant be effective?
§ 169.410What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled?
§ 169.411Will BIA appeal bond regulations apply to cancellation decisions involving right-of-way grants?
§ 169.412When will BIA issue a decision on an appeal from a right-of-way decision?
§ 169.413What if an individual or entity takes possession of or uses Indian land or BIA land without a right-of-way or other proper authorization?
§ 169.414May BIA take emergency action if Indian land is threatened?
§ 169.415How will BIA conduct compliance and enforcement when there is a life estate on the tract?