25 CFR § 169.128
When will BIA grant a right-of-way for a new use within or overlapping an existing right-of-way?
February 24, 2021
We may grant a new right-of-way within or overlapping an existing right-of-way if it meets the following conditions:
(a) The applicant follows the procedures and requirements in this part to obtain a new right-of-way.
(b) The new right-of-way does not interfere with the use or purpose of the existing right-of-way and the applicant has obtained the consent of the existing right-of-way grantee. The existing right-of-way grantee may not unreasonably withhold consent.
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