Part 169 — Rights-of-Way over Indian Land
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
- § 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?
- § 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?
- § 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?
- § 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?
Subpart D — Duration, Renewals, Amendments, Assignments, Mortgages
- § 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?
- § 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?
- § 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?
- § 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?