§169.128. When will BIA grant a right-of-way for a new use within or overlapping an existing right-of-way?
25 C.F.R. § 169.128
We may grant a new right-of-way within or overlapping an existing right-of-way if it meets the following conditions:
The applicant follows the procedures and requirements in this part to obtain a new right-of-way.
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.
Notes, amendments, and revision history
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.