25 C.F.R. § 169.5 : Indians — BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR — LAND AND WATER — RIGHTS-OF-WAY OVER INDIAN LAND — PURPOSE, DEFINITIONS, GENERAL PROVISIONS — 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, 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.

25 C.F.R. §169.5

33 FR 19803, 12/27/1968, as amended at 45 FR 45910, 7/8/1980. Redesignated at 47 FR 13327, 3/30/1982; 80 FR 72534, 11/19/2015