# 25 CFR § 169.5: What types of rights-of-way does this part cover?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-25-169.5

## Section

- **Citation:** 25 CFR § 169.5
- **Heading:** What types of rights-of-way does this part cover?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 25—Indians > CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR > SUBCHAPTER H—LAND AND WATER > PART 169—RIGHTS-OF-WAY OVER INDIAN LAND > Subpart A—Purpose, Definitions, General Provisions

## Text

(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.

## Nearby sections

- [25 CFR § 169.1 § 169.1 What is the purpose of this part?](https://www.frixlaw.com/law-library/statutes/ecfr-25-169.1.md)
- [25 CFR § 169.2 § 169.2 What terms do I need to know?](https://www.frixlaw.com/law-library/statutes/ecfr-25-169.2.md)
- [25 CFR § 169.3 § 169.3 To what land does this part apply?](https://www.frixlaw.com/law-library/statutes/ecfr-25-169.3.md)
- [25 CFR § 169.4 § 169.4 When do I need a right-of-way to authorize possession over or across Indian land?](https://www.frixlaw.com/law-library/statutes/ecfr-25-169.4.md)
- [25 CFR § 169.5 § 169.5 What types of rights-of-way does this part cover?](https://www.frixlaw.com/law-library/statutes/ecfr-25-169.5.md)
- [25 CFR § 169.6 § 169.6 What statutory authority will BIA use to act on requests for rights-of-way under this part?](https://www.frixlaw.com/law-library/statutes/ecfr-25-169.6.md)
- [25 CFR § 169.7 § 169.7 Does this part apply to right-of-way grants submitted for approval before December 21, 2015?](https://www.frixlaw.com/law-library/statutes/ecfr-25-169.7.md)
- [25 CFR § 169.8 § 169.8 May tribes administer this part on BIA's behalf?](https://www.frixlaw.com/law-library/statutes/ecfr-25-169.8.md)
- [25 CFR § 169.9 § 169.9 What laws apply to rights-of-way approved under this part?](https://www.frixlaw.com/law-library/statutes/ecfr-25-169.9.md)
- [25 CFR § 169.10 § 169.10 What is the effect of a right-of-way on a tribe's jurisdiction over the underlying parcel?](https://www.frixlaw.com/law-library/statutes/ecfr-25-169.10.md)
- [25 CFR § 169.11 § 169.11 What taxes apply to rights-of-way approved under this part?](https://www.frixlaw.com/law-library/statutes/ecfr-25-169.11.md)
- [25 CFR § 169.12 § 169.12 How does BIA provide notice to the parties to a right-of-way?](https://www.frixlaw.com/law-library/statutes/ecfr-25-169.12.md)
- [25 CFR § 169.13 § 169.13 May decisions under this part be appealed?](https://www.frixlaw.com/law-library/statutes/ecfr-25-169.13.md)
- [25 CFR § 169.14 § 169.14 How does the Paperwork Reduction Act affect this part?](https://www.frixlaw.com/law-library/statutes/ecfr-25-169.14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-25-169.5. Check the current official text before relying on it. Not legal advice.