25 CFR § 169.128 - When will BIA grant a right-of-way for a new use within or overlapping an existing right-of-way?

---
identifier: "/us/cfr/t25/s169.128"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 169.128 - When will BIA grant a right-of-way for a new use within or overlapping an existing right-of-way?"
title_number: 25
title_name: "Indians"
section_number: "169.128"
section_name: "When will BIA grant a right-of-way for a new use within or overlapping an existing right-of-way?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "H"
subchapter_name: "LAND AND WATER"
part_number: "169"
part_name: "RIGHTS-OF-WAY OVER INDIAN LAND"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 25 U.S.C. 323-328; 25 U.S.C. 2201"
regulatory_source: "80 FR 72534, Nov. 19, 2015, unless otherwise noted."
cfr_part: "169"
---


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

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.