---
kind: "section"
citation: "25 C.F.R. § 169.5"
title: "25"
number: "169.5"
heading: "What types of rights-of-way does this part cover?"
url: "https://uscodex.org/cfr/25/169.5"
---

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

- (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](/cfr/25/part162.md), 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

### 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.