Subpart C. Subpart C—Obtaining a Right-of-Way

• Application

  • SECTION § 169.101 - How do I obtain a right-of-way across tribal or individually owned Indian land or BIA land?
  • SECTION § 169.102 - What must an application for a right-of-way include?
  • SECTION § 169.103 - What bonds, insurance, or other security must accompany the application?
  • SECTION § 169.104 - What is the release process for a bond or alternative form of security?
  • SECTION § 169.105 - What requirements for due diligence must a right-of-way grant include?

• Consent Requirements

  • SECTION § 169.106 - How does an applicant identify and contact individual Indian landowners to negotiate a right-of-way?
  • SECTION § 169.107 - Must I obtain tribal or individual Indian landowner consent for a right-of-way across Indian land?
  • SECTION § 169.108 - Who is authorized to consent to a right-of-way?
  • SECTION § 169.109 - Whose consent do I need for a right-of-way when there is a life estate on the tract?

• Compensation Requirements

  • SECTION § 169.110 - How much monetary compensation must be paid for a right-of-way over or across tribal land?
  • SECTION § 169.111 - Must a right-of-way grant for tribal land provide for compensation reviews or adjustments?
  • SECTION § 169.112 - How much monetary compensation must be paid for a right-of-way over or across individually owned Indian land?
  • SECTION § 169.113 - Must a right-of-way grant for individually owned Indian land provide for compensation reviews or adjustments?
  • SECTION § 169.114 - How will BIA determine fair market value for a right-of-way?
  • SECTION § 169.115 - When are monetary compensation payments due under a right-of-way?
  • SECTION § 169.116 - Must a right-of-way specify who receives monetary compensation payments?
  • SECTION § 169.117 - What form of monetary compensation is acceptable under a right-of-way?
  • SECTION § 169.118 - May the right-of-way provide for non-monetary or varying types of compensation?
  • SECTION § 169.119 - Will BIA notify a grantee when a payment is due for a right-of-way?
  • SECTION § 169.120 - What other types of payments are required for a right-of-way?
  • SECTION § 169.121 - How will compensation be distributed among the life tenants and owners of the remainder interests?
  • SECTION § 169.122 - Who does the grantee pay if there is a life estate on the tract?

• Grants of Rights-of-Way

  • SECTION § 169.123 - What is the process for BIA to grant a right-of-way?
  • SECTION § 169.124 - How will BIA determine whether to grant a right-of-way?
  • SECTION § 169.125 - What will the grant of right-of-way contain?
  • SECTION § 169.126 - May a right-of-way contain a preference consistent with tribal law for employment of tribal members?
  • SECTION § 169.127 - Is a new right-of-way grant required for a new use within or overlapping an existing right-of-way?
  • SECTION § 169.128 - When will BIA grant a right-of-way for a new use within or overlapping an existing right-of-way?
  • SECTION § 169.129 - What is required if the location described in the original application and grant differs from the construction location?
  • SECTION § 169.130 - Must a right-of-way grant address ownership of permanent improvements?