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§169.5. What types of rights-of-way does this part cover?

25 C.F.R. § 169.5

(a)
This part covers rights-of-way over and across Indian or BIA land, for uses including but not limited to the following:
(1)
Railroads;
(2)
Public roads and highways;
(3)
Access roads;
(4)
Service roads and trails, even where they are appurtenant to any other right-of-way purpose;
(5)
Public and community water lines (including pumping stations and appurtenant facilities);
(6)
Public sanitary and storm sewer lines (including sewage disposal and treatment plant lines);
(7)
Water control and use projects (including but not limited to, flowage easements, irrigation ditches and canals, and water treatment plant lines);
(8)
Oil and gas pipelines (including pump stations, meter stations, and other appurtenant facilities);
(9)
Electric transmission and distribution systems (including lines, poles, towers, telecommunication, protection, measurement and data acquisition equipment, other items necessary to operate and maintain the system, and appurtenant facilities);
(10)
Telecommunications, broadband, fiber optic lines;
(11)
Avigation hazard easements;
(12)
Conservation easements not covered by 25 CFR part 84, Encumbrances of Tribal Land— Contract Approvals, or 25 CFR part 162, Leases and Permits; or
(13)
Any other new use for which a right-of-way is appropriate but which is unforeseeable as of the effective date of these regulations.
(b)
Each of the uses listed above includes the right to access the right-of-way to manage vegetation, inspect, maintain and repair equipment, and conduct other activities that are necessary to maintain the right-of-way use.
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.