Title 25, Part 169 — Rights-of-way Over Indian Land

What is the purpose of this part?

What terms do I need to know?

To what land does this part apply?

When do I need a right-of-way to authorize possession over or across Indian land?

What types of rights-of-way does this part cover?

What statutory authority will BIA use to act on requests for rights-of-way under this part?

Does this part apply to right-of-way grants submitted for approval before December 21, 2015?

May tribes administer this part on BIA's behalf?

What laws apply to rights-of-way approved under this part?

What is the effect of a right-of-way on a tribe's jurisdiction over the underlying parcel?

What taxes apply to rights-of-way approved under this part?

How does BIA provide notice to the parties to a right-of-way?

May decisions under this part be appealed?

How does the Paperwork Reduction Act affect this part?

Is a right-of-way required for service lines?

What is a service line agreement?

What should a service line agreement address?

What are the consent requirements for service line agreements?

Is a valuation required for service line agreements?

Must I file service line agreements with the BIA?

How do I obtain a right-of-way across tribal or individually owned Indian land or BIA land?

What must an application for a right-of-way include?

What bonds, insurance, or other security must accompany the application?

What is the release process for a bond or alternative form of security?

What requirements for due diligence must a right-of-way grant include?

How does an applicant identify and contact individual Indian landowners to negotiate a right-of-way?

Must I obtain tribal or individual Indian landowner consent for a right-of-way across Indian land?

Who is authorized to consent to a right-of-way?

Whose consent do I need for a right-of-way when there is a life estate on the tract?

How much monetary compensation must be paid for a right-of-way over or across tribal land?

Must a right-of-way grant for tribal land provide for compensation reviews or adjustments?

How much monetary compensation must be paid for a right-of-way over or across individually owned Indian land?

Must a right-of-way grant for individually owned Indian land provide for compensation reviews or adjustments?

How will BIA determine fair market value for a right-of-way?

When are monetary compensation payments due under a right-of-way?

Must a right-of-way specify who receives monetary compensation payments?

What form of monetary compensation is acceptable under a right-of-way?

May the right-of-way provide for non-monetary or varying types of compensation?

Will BIA notify a grantee when a payment is due for a right-of-way?

What other types of payments are required for a right-of-way?

How will compensation be distributed among the life tenants and owners of the remainder interests?

Who does the grantee pay if there is a life estate on the tract?

What is the process for BIA to grant a right-of-way?

How will BIA determine whether to grant a right-of-way?

What will the grant of right-of-way contain?

May a right-of-way contain a preference consistent with tribal law for employment of tribal members?

Is a new right-of-way grant required for a new use within or overlapping an existing right-of-way?

When will BIA grant a right-of-way for a new use within or overlapping an existing right-of-way?

What is required if the location described in the original application and grant differs from the construction location?

Must a right-of-way grant address ownership of permanent improvements?

How long may the duration of a right-of-way grant be?

Under what circumstances will a grant of right-of-way be renewed?

May a right-of-way be renewed multiple times?

May a grantee amend a right-of-way?

What is the approval process for an amendment of a right-of-way?

How will BIA decide whether to approve an amendment of a right-of-way?

May a grantee assign a right-of-way?

What is the approval process for an assignment of a right-of-way?

How will BIA decide whether to approve an assignment of a right-of-way?

May a grantee mortgage a right-of-way?

What is the approval process for a mortgage of a right-of-way?

How will BIA decide whether to approve a mortgage of a right-of-way?

When will a right-of-way document be effective?

Must a right-of-way be recorded?

What happens if BIA denies a right-of-way document?

What happens if BIA does not meet a deadline for issuing a decision on a right-of-way document?

Will BIA require an appeal bond for an appeal of a decision on a right-of-way document?

What is the purpose and scope of this subpart?

Who may investigate compliance with a right-of-way?

May a right-of-way provide for negotiated remedies?

What will BIA do about a violation of a right-of-way grant?

What will BIA do if the grantee does not cure a violation of a right-of-way grant on time?

Will late payment charges, penalties, or special fees apply to delinquent payments due under a right-of-way grant?

How will payment rights relating to a right-of-way grant be allocated?

What is the process for cancelling a right-of-way for non-use or abandonment?

When will a cancellation of a right-of-way grant be effective?

What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled?

Will BIA appeal bond regulations apply to cancellation decisions involving right-of-way grants?

When will BIA issue a decision on an appeal from a right-of-way decision?

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?

May BIA take emergency action if Indian land is threatened?

How will BIA conduct compliance and enforcement when there is a life estate on the tract?