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Code · CFR · Title 25 — Indians · Part 169 · § 169.5

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

228 words·~1 min read·/us/cfr/t25/s§ 169.5·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.
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  • 25 CFR 84
  • 25 CFR 162
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§ 169.5
What types of rights-of-way does this part cover?
Cite25 CFR 84
Cite25 CFR 162
Cites 2Cited by 0 across 0 sources
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