---
kind: "section"
citation: "25 C.F.R. § 169.102"
title: "25"
number: "169.102"
heading: "What must an application for a right-of-way include?"
url: "https://uscodex.org/cfr/25/169.102"
---

# §169.102. What must an application for a right-of-way include?

- (a) An application for a right-of-way must identify:
  - (1) The applicant;
  - (2) The tract(s) or parcel(s) affected by the right-of-way;
  - (3) The general location of the right-of-way;
  - (4) The purpose of the right-of-way;
  - (5) **The duration of the right-of-way—** and
  - (6) The ownership of permanent improvements associated with the right-of-way and the responsibility for constructing, operating, maintaining, and managing permanent improvements under [§ 169.105](/cfr/25/169.105.md).
- (b) The following must be submitted with the application:
  - (1) An accurate legal description of the right-of-way, its boundaries, and parcels associated with the right-of-way;
  - (2) A map of definite location of the right-of-way (this requirement does not apply to easements covering the entire tract of land);
  - (3) Bond(s), insurance, and/or other security meeting the requirements of [§ 169.103](/cfr/25/169.103.md);
  - (4) Record that notice of the right-of-way was provided to all Indian landowners;
  - (5) Record of consent for the right-of-way meeting the requirements of [§ 169.107](/cfr/25/169.107.md), or a statement requesting a right-of-way without consent under [§ 169.107(b)](/cfr/25/169.107.md?p=b);
  - (6) If applicable, a valuation meeting the requirements of [§ 169.114](/cfr/25/169.114.md);
  - (7) If the applicant is a corporation, limited liability company, partnership, joint venture, or other legal entity, except a tribal entity, information such as organizational documents, certificates, filing records, and resolutions, demonstrating that:
    - (i) The representative has authority to execute the application;
    - (ii) The right-of-way will be enforceable against the applicant; and
    - (iii) The legal entity is in good standing and authorized to conduct business in the jurisdiction where the land is located;
  - (8) Environmental and archaeological reports, surveys, and site assessments, as needed to facilitate compliance with applicable Federal and tribal environmental and land use requirements; and
  - (9) A statement from the appropriate tribal authority that the proposed use is in conformance with applicable tribal law, if required by the tribe.
- (c) **There is no standard application form.**

## Notes

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 323-328; 25 U.S.C. 2201 et seq.

### Source

Source: 80 FR 72534, Nov. 19, 2015, unless otherwise noted.