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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 25 - Indians |
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Chapter I - Bureau of Indian Affairs, Department of the Interior |
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SubChapter H - Land and Water |
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Part 169 - Rights-of-Way over Indian Land |
| § 169.15 - Action on application. |
| § 169.16 - Affidavit of completion. |
| § 169.17 - Change of location. |
| § 169.18 - Tenure of approved right-of-way grants. |
| § 169.19 - Renewal of right-of-way grants. |
| § 169.20 - Termination of right-of-way grants. |
| § 169.21 - Condemnation actions involving individually owned lands. |
| § 169.22 - Service lines. |
| § 169.23 - Railroads. |
| § 169.24 - Railroads in Oklahoma. |
| § 169.25 - Oil and gas pipelines. |
| § 169.26 - Telephone and telegraph lines; radio, television, and other communications facilities. |
| § 169.27 - Power projects. |
| § 169.28 - Public highways. |
| 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 |
| 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? |
| 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? |
| 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? |
| 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? |
| Subpart D - Duration, Renewals, Amendments, Assignments, Mortgages |
| 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? |
| 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? |
| 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? |
| Duration & Renewals |
| 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? |