---
kind: "section"
citation: "25 C.F.R. § 169.128"
title: "25"
number: "169.128"
heading: "When will BIA grant a right-of-way for a new use within or overlapping an existing right-of-way?"
url: "https://uscodex.org/cfr/25/169.128"
---

# §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.

## 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.