25 CFR §169.5
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)This part covers rights-of-way over and across Indian or BIA land, for uses including but not limited to the following:
- (1)Railroads;
- (2)Public roads and highways;
- (3)Access roads;
- (4)Service roads and trails, even where they are appurtenant to any other right-of-way purpose;
- (5)Public and community water lines (including pumping stations and appurtenant facilities);
- (6)Public sanitary and storm sewer lines (including sewage disposal and treatment plant lines);
- (7)Water control and use projects (including but not limited to, flowage easements, irrigation ditches and canals, and water treatment plant lines);
- (8)Oil and gas pipelines (including pump stations, meter stations, and other appurtenant facilities);
- (9)Electric transmission and distribution systems (including lines, poles, towers, telecommunication, protection, measurement and data acquisition equipment, other items necessary to operate and maintain the system, and appurtenant facilities);
- (10)Telecommunications, broadband, fiber optic lines;
- (11)Avigation hazard easements;
- (12)Conservation easements not covered by 25 CFR part 84, Encumbrances of Tribal Land—Contract Approvals, or 25 CFR part 162, Leases and Permits; or
- (13)Any other new use for which a right-of-way is appropriate but which is unforeseeable as of the effective date of these regulations.
- (b)Each of the uses listed above includes the right to access the right-of-way to manage vegetation, inspect, maintain and repair equipment, and conduct other activities that are necessary to maintain the right-of-way use.