§169.4. When do I need a right-of-way to authorize possession over or across Indian land?

25 C.F.R. § 169.4

(a)

You need an approved right-of-way under this part before crossing Indian land if you meet one of the criteria in the following table:

(b)

You do not need a right-of-way to cross Indian land if—

(1)

You are an Indian landowner who owns 100 percent of the trust or restricted interests in the land; or

(2)

You are authorized by—

(i)

A lease under 25 CFR part 162, 211, 212, or 225 or permit under 25 CFR part 166;

(ii)

A tribal land assignment or similar instrument authorizing use of the tribal land without Secretarial approval; or

(iii)

Other, tribe-specific authority authorizing use of the tribal land without Secretarial approval; or

(iv)

Another land use agreement not subject to this part (e.g., under 25 CFR part 84); or

(3)

You meet any of the criteria in the following table—

Notes, amendments, and revision history

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

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