25 CFR §169.4

1. (a)You need an approved right-of-way under this part before crossing Indian land if you meet one of the criteria in the following table:
2. (b)You do not need a right-of-way to cross Indian land if:
   1. (1)You are an Indian landowner who owns 100 percent of the trust or restricted interests in the land; or
   2. (2)You are authorized by:
      1. (i)A lease under 25 CFR part 162, 211, 212, or 225 or permit under 25 CFR part 166;
      2. (ii)A tribal land assignment or similar instrument authorizing use of the tribal land without Secretarial approval; or
      3. (iii)Other, tribe-specific authority authorizing use of the tribal land without Secretarial approval; or
      4. (iv)Another land use agreement not subject to this part (e.g., under 25 CFR part 84); or
   3. (3)You meet any of the criteria in the following table: