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Title 25

Displaying title 25, up to date as of 10/13/2026. Title 25 was last amended 12/01/2025.
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  1. Title 25 —Indians
  2. Chapter I —Bureau of Indian Affairs, Department of the Interior
  3. Subchapter H —Land and Water
  4. Part 169 —Rights-of-Way over Indian Land
  5. Subpart C   View Full Text
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Title 25IndiansPart / Section
Chapter IBureau of Indian Affairs, Department of the Interior1 – 299
Subchapter HLand and Water150 – 183
Part 169Rights-of-Way over Indian Land169.1 – 169.415
Subpart CObtaining a Right-of-Way169.101 – 169.130
Application169.101 – 169.105
§ 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?
Consent Requirements169.106 – 169.109
§ 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?
Compensation Requirements169.110 – 169.122
§ 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?
Grants of Rights-of-Way169.123 – 169.130
§ 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?
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