25 CFR Part 169
PART 169—RIGHTS-OF-WAY OVER INDIAN LAND
- PART 169—RIGHTS-OF-WAY OVER INDIAN LAND
- Chapter I—Bureau of Indian Affairs, Department of the Interior › Subchapter H—Land and Water
- Subpart A—Purpose, Definitions, General Provisions
- § 169.1 What is the purpose of this part?
- § 169.2 What terms do I need to know?
- § 169.3 To what land does this part apply?
- § 169.4 When do I need a right-of-way to authorize possession over or across Indian land?
- § 169.5 What types of rights-of-way does this part cover?
- § 169.6 What statutory authority will BIA use to act on requests for rights-of-way under this part?
- § 169.7 Does this part apply to right-of-way grants submitted for approval before December 21, 2015?
- § 169.8 May tribes administer this part on BIA's behalf?
- § 169.9 What laws apply to rights-of-way approved under this part?
- § 169.10 What is the effect of a right-of-way on a tribe's jurisdiction over the underlying parcel?
- § 169.11 What taxes apply to rights-of-way approved under this part?
- § 169.12 How does BIA provide notice to the parties to a right-of-way?
- § 169.13 May decisions under this part be appealed?
- § 169.14 How does the Paperwork Reduction Act affect this part?
- Subpart B—Service Line Agreements
- § 169.51 Is a right-of-way required for service lines?
- § 169.52 What is a service line agreement?
- § 169.53 What should a service line agreement address?
- § 169.54 What are the consent requirements for service line agreements?
- § 169.55 Is a valuation required for service line agreements?
- § 169.56 Must I file service line agreements with the BIA?
- Subpart C—Obtaining a Right-of-Way
- Application
- § 169.101 How do I obtain a right-of-way across tribal or individually owned Indian land or BIA land?
- § 169.102 What must an application for a right-of-way include?
- § 169.103 What bonds, insurance, or other security must accompany the application?
- § 169.104 What is the release process for a bond or alternative form of security?
- § 169.105 What requirements for due diligence must a right-of-way grant include?
- Consent Requirements
- § 169.106 How does an applicant identify and contact individual Indian landowners to negotiate a right-of-way?
- § 169.107 Must I obtain tribal or individual Indian landowner consent for a right-of-way across Indian land?
- § 169.108 Who is authorized to consent to a right-of-way?
- § 169.109 Whose consent do I need for a right-of-way when there is a life estate on the tract?
- Compensation Requirements
- § 169.110 How much monetary compensation must be paid for a right-of-way over or across tribal land?
- § 169.111 Must a right-of-way grant for tribal land provide for compensation reviews or adjustments?
- § 169.112 How much monetary compensation must be paid for a right-of-way over or across individually owned Indian land?
- § 169.113 Must a right-of-way grant for individually owned Indian land provide for compensation reviews or adjustments?
- § 169.114 How will BIA determine fair market value for a right-of-way?
- § 169.115 When are monetary compensation payments due under a right-of-way?
- § 169.116 Must a right-of-way specify who receives monetary compensation payments?
- § 169.117 What form of monetary compensation is acceptable under a right-of-way?
- § 169.118 May the right-of-way provide for non-monetary or varying types of compensation?
- § 169.119 Will BIA notify a grantee when a payment is due for a right-of-way?
- § 169.120 What other types of payments are required for a right-of-way?
- § 169.121 How will compensation be distributed among the life tenants and owners of the remainder interests?
- § 169.122 Who does the grantee pay if there is a life estate on the tract?
- Grants of Rights-of-Way
- § 169.123 What is the process for BIA to grant a right-of-way?
- § 169.124 How will BIA determine whether to grant a right-of-way?
- § 169.125 What will the grant of right-of-way contain?
- § 169.126 May a right-of-way contain a preference consistent with tribal law for employment of tribal members?
- § 169.127 Is a new right-of-way grant required for a new use within or overlapping an existing right-of-way?
- § 169.128 When will BIA grant a right-of-way for a new use within or overlapping an existing right-of-way?
- § 169.129 What is required if the location described in the original application and grant differs from the construction location?
- § 169.130 Must a right-of-way grant address ownership of permanent improvements?
- Subpart D—Duration, Renewals, Amendments, Assignments, Mortgages
- Duration & Renewals
- § 169.201 How long may the duration of a right-of-way grant be?
- § 169.202 Under what circumstances will a grant of right-of-way be renewed?
- § 169.203 May a right-of-way be renewed multiple times?
- Amendments
- § 169.204 May a grantee amend a right-of-way?
- § 169.205 What is the approval process for an amendment of a right-of-way?
- § 169.206 How will BIA decide whether to approve an amendment of a right-of-way?
- Assignments
- § 169.207 May a grantee assign a right-of-way?
- § 169.208 What is the approval process for an assignment of a right-of-way?
- § 169.209 How will BIA decide whether to approve an assignment of a right-of-way?
- Mortgages
- § 169.210 May a grantee mortgage a right-of-way?
- § 169.211 What is the approval process for a mortgage of a right-of-way?
- § 169.212 How will BIA decide whether to approve a mortgage of a right-of-way?
- Subpart E—Effectiveness
- § 169.301 When will a right-of-way document be effective?
- § 169.302 Must a right-of-way be recorded?
- § 169.303 What happens if BIA denies a right-of-way document?
- § 169.304 What happens if BIA does not meet a deadline for issuing a decision on a right-of-way document?
- § 169.305 Will BIA require an appeal bond for an appeal of a decision on a right-of-way document?
- Subpart F—Compliance and Enforcement
- § 169.401 What is the purpose and scope of this subpart?
- § 169.402 Who may investigate compliance with a right-of-way?
- § 169.403 May a right-of-way provide for negotiated remedies?
- § 169.404 What will BIA do about a violation of a right-of-way grant?
- § 169.405 What will BIA do if the grantee does not cure a violation of a right-of-way grant on time?
- § 169.406 Will late payment charges, penalties, or special fees apply to delinquent payments due under a right-of-way grant?
- § 169.407 How will payment rights relating to a right-of-way grant be allocated?
- § 169.408 What is the process for cancelling a right-of-way for non-use or abandonment?
- § 169.409 When will a cancellation of a right-of-way grant be effective?
- § 169.410 What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled?
- § 169.411 Will BIA appeal bond regulations apply to cancellation decisions involving right-of-way grants?
- § 169.412 When will BIA issue a decision on an appeal from a right-of-way decision?
- § 169.413 What if an individual or entity takes possession of or uses Indian land or BIA land without a right-of-way or other proper authorization?
- § 169.414 May BIA take emergency action if Indian land is threatened?
- § 169.415 How will BIA conduct compliance and enforcement when there is a life estate on the tract?
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