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Electronic Code of Federal Regulations

e-CFR data is current as of January 16, 2020

Title 25Chapter ISubchapter HPart 169


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

rule

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?
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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?
rule

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?
rule

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?
rule

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?
rule

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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