e-CFR data is current as of March 1, 2021
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
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| What is the purpose of this part? |
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| What terms do I need to know? |
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| To what land does this part apply? |
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| When do I need a right-of-way to authorize possession over or across Indian land? |
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| What types of rights-of-way does this part cover? |
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| What statutory authority will BIA use to act on requests for rights-of-way under this part? |
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| Does this part apply to right-of-way grants submitted for approval before December 21, 2015? |
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| May tribes administer this part on BIA's behalf? |
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| What laws apply to rights-of-way approved under this part? |
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| What is the effect of a right-of-way on a tribe's jurisdiction over the underlying parcel? |
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| What taxes apply to rights-of-way approved under this part? |
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| How does BIA provide notice to the parties to a right-of-way? |
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| May decisions under this part be appealed? |
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| How does the Paperwork Reduction Act affect this part? |
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Subpart B—SERVICE LINE AGREEMENTS
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| Is a right-of-way required for service lines? |
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| What is a service line agreement? |
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| What should a service line agreement address? |
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| What are the consent requirements for service line agreements? |
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| Is a valuation required for service line agreements? |
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| Must I file service line agreements with the BIA? |
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Subpart C—OBTAINING A RIGHT-OF-WAY
Application
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| How do I obtain a right-of-way across tribal or individually owned Indian land or BIA land? |
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| What must an application for a right-of-way include? |
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| What bonds, insurance, or other security must accompany the application? |
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| What is the release process for a bond or alternative form of security? |
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| What requirements for due diligence must a right-of-way grant include? |
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Consent Requirements
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| How does an applicant identify and contact individual Indian landowners to negotiate a right-of-way? |
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| Must I obtain tribal or individual Indian landowner consent for a right-of-way across Indian land? |
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| Who is authorized to consent to a right-of-way? |
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| Whose consent do I need for a right-of-way when there is a life estate on the tract? |
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Compensation Requirements
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| How much monetary compensation must be paid for a right-of-way over or across tribal land? |
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| Must a right-of-way grant for tribal land provide for compensation reviews or adjustments? |
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| How much monetary compensation must be paid for a right-of-way over or across individually owned Indian land? |
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| Must a right-of-way grant for individually owned Indian land provide for compensation reviews or adjustments? |
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| How will BIA determine fair market value for a right-of-way? |
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| When are monetary compensation payments due under a right-of-way? |
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| Must a right-of-way specify who receives monetary compensation payments? |
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| What form of monetary compensation is acceptable under a right-of-way? |
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| May the right-of-way provide for non-monetary or varying types of compensation? |
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| Will BIA notify a grantee when a payment is due for a right-of-way? |
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| What other types of payments are required for a right-of-way? |
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| How will compensation be distributed among the life tenants and owners of the remainder interests? |
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| Who does the grantee pay if there is a life estate on the tract? |
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Grants of Rights-of-Way
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| What is the process for BIA to grant a right-of-way? |
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| How will BIA determine whether to grant a right-of-way? |
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| What will the grant of right-of-way contain? |
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| May a right-of-way contain a preference consistent with tribal law for employment of tribal members? |
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| Is a new right-of-way grant required for a new use within or overlapping an existing right-of-way? |
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| When will BIA grant a right-of-way for a new use within or overlapping an existing right-of-way? |
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| What is required if the location described in the original application and grant differs from the construction location? |
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| Must a right-of-way grant address ownership of permanent improvements? |
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Subpart D—DURATION, RENEWALS, AMENDMENTS, ASSIGNMENTS, MORTGAGES
Duration & Renewals
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| How long may the duration of a right-of-way grant be? |
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| Under what circumstances will a grant of right-of-way be renewed? |
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| May a right-of-way be renewed multiple times? |
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Amendments
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| May a grantee amend a right-of-way? |
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| What is the approval process for an amendment of a right-of-way? |
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| How will BIA decide whether to approve an amendment of a right-of-way? |
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Assignments
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| May a grantee assign a right-of-way? |
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| What is the approval process for an assignment of a right-of-way? |
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| How will BIA decide whether to approve an assignment of a right-of-way? |
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Mortgages
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| May a grantee mortgage a right-of-way? |
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| What is the approval process for a mortgage of a right-of-way? |
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| How will BIA decide whether to approve a mortgage of a right-of-way? |
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Subpart E—EFFECTIVENESS
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| When will a right-of-way document be effective? |
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| Must a right-of-way be recorded? |
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| What happens if BIA denies a right-of-way document? |
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| What happens if BIA does not meet a deadline for issuing a decision on a right-of-way document? |
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| Will BIA require an appeal bond for an appeal of a decision on a right-of-way document? |
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Subpart F—COMPLIANCE AND ENFORCEMENT
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| What is the purpose and scope of this subpart? |
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| Who may investigate compliance with a right-of-way? |
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| May a right-of-way provide for negotiated remedies? |
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| What will BIA do about a violation of a right-of-way grant? |
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| What will BIA do if the grantee does not cure a violation of a right-of-way grant on time? |
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| Will late payment charges, penalties, or special fees apply to delinquent payments due under a right-of-way grant? |
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| How will payment rights relating to a right-of-way grant be allocated? |
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| What is the process for cancelling a right-of-way for non-use or abandonment? |
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| When will a cancellation of a right-of-way grant be effective? |
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| What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled? |
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| Will BIA appeal bond regulations apply to cancellation decisions involving right-of-way grants? |
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| When will BIA issue a decision on an appeal from a right-of-way decision? |
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| 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? |
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| May BIA take emergency action if Indian land is threatened? |
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| How will BIA conduct compliance and enforcement when there is a life estate on the tract? |
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