[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR169.2]

[Page 510]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 169--RIGHTS-OF-WAY OVER INDIAN LANDS--Table of Contents
 
Sec. 169.2  Purpose and scope of regulations.

    (a) Except as otherwise provided in Sec. 1.2 of this chapter, the 
regulations in this part 169 prescribe the procedures, terms and 
conditions under which rights-of-way over and across tribal land, 
individually owned land and Government owned land may be granted.
    (b) Appeals from administrative action taken under the regulations 
in this part 169 shall be made in accordance with part 2 of this 
chapter.
    (c) The regulations contained in this part 169 do not cover the 
granting of rights-of-way upon tribal lands within a reservation for the 
purpose of constructing, operating, or maintaining dams, water conduits, 
reservoirs, powerhouses, transmission lines or other works which shall 
constitute a part of any project for which a license is required by the 
Federal Power Act. The Federal Power Act provides that any license which 
shall be issued to use tribal lands within a reservation shall be 
subject to and contain such conditions as the Secretary of the Interior 
shall deem necessary for the adequate protection and utilization of such 
lands. (16 U.S.C. 797(e)). In the case of tribal lands belonging to a 
tribe organized under the Act of June 18, 1934 (48 Stat. 984), the 
Federal Power Act requires that annual charges for the use of such 
tribal lands under any license issued by the Federal Power Commission 
shall be subject to the approval of the tribe (16 U.S.C. 803(e)).