|
Home
gpo.gov
govinfo.gov
e-CFR Navigation Aids
Browse
Simple Search
Advanced Search
— Boolean
— Proximity
Search History
Search Tips
Corrections
Latest Updates
User Info
FAQs
Agency List
Incorporation By Reference
Related Resources
The Code of Federal Regulations (CFR) annual edition is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government produced by the Office of the Federal Register (OFR) and the Government Publishing Office.
Download the Code of Federal Regulations in XML.
Download the Electronic Code of Federal Regulations in XML.
Monthly Title and Part user viewing data for the e-CFR is available for download in CSV format.
Parallel Table of Authorities and Rules for the Code of Federal Regulations and the United States Code
Text | PDF
Find, review, and submit comments on Federal rules that are open for comment and published in the Federal Register using Regulations.gov.
Purchase individual CFR titles from the U.S. Government Online Bookstore.
Find issues of the CFR (including issues prior to 1996) at a local Federal depository library.
[A1]
|
|
Electronic Code of Federal Regulations
| e-CFR data is current as of January 16, 2020
TITLE 25—Indians
CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR SUBCHAPTER H—LAND AND WATER PART 169—RIGHTS-OF-WAY OVER INDIAN LAND
Subpart A—PURPOSE, DEFINITIONS, GENERAL PROVISIONS
|
| What is the purpose of this part? |
|
|
| What terms do I need to know? |
|
|
| To what land does this part apply? |
|
|
| When do I need a right-of-way to authorize possession over or across Indian land? |
|
|
| What types of rights-of-way does this part cover? |
|
|
| What statutory authority will BIA use to act on requests for rights-of-way under this part? |
|
|
| Does this part apply to right-of-way grants submitted for approval before December 21, 2015? |
|
|
| May tribes administer this part on BIA's behalf? |
|
|
| What laws apply to rights-of-way approved under this part? |
|
|
| What is the effect of a right-of-way on a tribe's jurisdiction over the underlying parcel? |
|
|
| What taxes apply to rights-of-way approved under this part? |
|
|
| How does BIA provide notice to the parties to a right-of-way? |
|
|
| May decisions under this part be appealed? |
|
|
| How does the Paperwork Reduction Act affect this part? |
|
Subpart B—SERVICE LINE AGREEMENTS
|
| Is a right-of-way required for service lines? |
|
|
| What is a service line agreement? |
|
|
| What should a service line agreement address? |
|
|
| What are the consent requirements for service line agreements? |
|
|
| Is a valuation required for service line agreements? |
|
|
| Must I file service line agreements with the BIA? |
|
Subpart C—OBTAINING A RIGHT-OF-WAY
Application
|
| How do I obtain a right-of-way across tribal or individually owned Indian land or BIA land? |
|
|
| What must an application for a right-of-way include? |
|
|
| What bonds, insurance, or other security must accompany the application? |
|
|
| What is the release process for a bond or alternative form of security? |
|
|
| What requirements for due diligence must a right-of-way grant include? |
|
Consent Requirements
|
| How does an applicant identify and contact individual Indian landowners to negotiate a right-of-way? |
|
|
| Must I obtain tribal or individual Indian landowner consent for a right-of-way across Indian land? |
|
|
| Who is authorized to consent to a right-of-way? |
|
|
| Whose consent do I need for a right-of-way when there is a life estate on the tract? |
|
Compensation Requirements
|
| How much monetary compensation must be paid for a right-of-way over or across tribal land? |
|
|
| Must a right-of-way grant for tribal land provide for compensation reviews or adjustments? |
|
|
| How much monetary compensation must be paid for a right-of-way over or across individually owned Indian land? |
|
|
| Must a right-of-way grant for individually owned Indian land provide for compensation reviews or adjustments? |
|
|
| How will BIA determine fair market value for a right-of-way? |
|
|
| When are monetary compensation payments due under a right-of-way? |
|
|
| Must a right-of-way specify who receives monetary compensation payments? |
|
|
| What form of monetary compensation is acceptable under a right-of-way? |
|
|
| May the right-of-way provide for non-monetary or varying types of compensation? |
|
|
| Will BIA notify a grantee when a payment is due for a right-of-way? |
|
|
| What other types of payments are required for a right-of-way? |
|
|
| How will compensation be distributed among the life tenants and owners of the remainder interests? |
|
|
| Who does the grantee pay if there is a life estate on the tract? |
|
Grants of Rights-of-Way
|
| What is the process for BIA to grant a right-of-way? |
|
|
| How will BIA determine whether to grant a right-of-way? |
|
|
| What will the grant of right-of-way contain? |
|
|
| May a right-of-way contain a preference consistent with tribal law for employment of tribal members? |
|
|
| Is a new right-of-way grant required for a new use within or overlapping an existing right-of-way? |
|
|
| When will BIA grant a right-of-way for a new use within or overlapping an existing right-of-way? |
|
|
| What is required if the location described in the original application and grant differs from the construction location? |
|
|
| Must a right-of-way grant address ownership of permanent improvements? |
|
Subpart D—DURATION, RENEWALS, AMENDMENTS, ASSIGNMENTS, MORTGAGES
Duration & Renewals
|
| How long may the duration of a right-of-way grant be? |
|
|
| Under what circumstances will a grant of right-of-way be renewed? |
|
|
| May a right-of-way be renewed multiple times? |
|
Amendments
|
| May a grantee amend a right-of-way? |
|
|
| What is the approval process for an amendment of a right-of-way? |
|
|
| How will BIA decide whether to approve an amendment of a right-of-way? |
|
Assignments
|
| May a grantee assign a right-of-way? |
|
|
| What is the approval process for an assignment of a right-of-way? |
|
|
| How will BIA decide whether to approve an assignment of a right-of-way? |
|
Mortgages
|
| May a grantee mortgage a right-of-way? |
|
|
| What is the approval process for a mortgage of a right-of-way? |
|
|
| How will BIA decide whether to approve a mortgage of a right-of-way? |
|
Subpart E—EFFECTIVENESS
|
| When will a right-of-way document be effective? |
|
|
| Must a right-of-way be recorded? |
|
|
| What happens if BIA denies a right-of-way document? |
|
|
| What happens if BIA does not meet a deadline for issuing a decision on a right-of-way document? |
|
|
| Will BIA require an appeal bond for an appeal of a decision on a right-of-way document? |
|
Subpart F—COMPLIANCE AND ENFORCEMENT
|
| What is the purpose and scope of this subpart? |
|
|
| Who may investigate compliance with a right-of-way? |
|
|
| May a right-of-way provide for negotiated remedies? |
|
|
| What will BIA do about a violation of a right-of-way grant? |
|
|
| What will BIA do if the grantee does not cure a violation of a right-of-way grant on time? |
|
|
| Will late payment charges, penalties, or special fees apply to delinquent payments due under a right-of-way grant? |
|
|
| How will payment rights relating to a right-of-way grant be allocated? |
|
|
| What is the process for cancelling a right-of-way for non-use or abandonment? |
|
|
| When will a cancellation of a right-of-way grant be effective? |
|
|
| What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled? |
|
|
| Will BIA appeal bond regulations apply to cancellation decisions involving right-of-way grants? |
|
|
| When will BIA issue a decision on an appeal from a right-of-way decision? |
|
|
| 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? |
|
|
| May BIA take emergency action if Indian land is threatened? |
|
|
| How will BIA conduct compliance and enforcement when there is a life estate on the tract? |
|
|
|
