25 CFR 169.128
§ 169.128 When will BIA grant a right-of-way for a new use within or overlapping an existing right-of-way?
United States · 25 CFR — Indians · Status: effective
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- Citation
- 25 CFR 169.128, § 169.128 When will BIA grant a right-of-way for a new use within or overlapping an existing right-of-way?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/106002
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Full text
We may grant a new right-of-way within or overlapping an existing right-of-way if it meets the following conditions:
(a) The applicant follows the procedures and requirements in this part to obtain a new right-of-way.
(b) The new right-of-way does not interfere with the use or purpose of the existing right-of-way and the applicant has obtained the consent of the existing right-of-way grantee. The existing right-of-way grantee may not unreasonably withhold consent.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.