[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: 25CFR169.28]

[Page 521]
 
                            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. 169.28  Public highways.

    (a) The appropriate State or local authorities may apply under the 
regulations in this part 169 for authority to open public highways 
across tribal and individually owned lands in accordance with State 
laws, as authorized by the Act of March 3, 1901 (31 Stat. 1084; 25 
U.S.C. 311).
    (b) In lieu of making application under the regulations in this part 
169, the appropriate State or local authorities in Nebraska or Montana 
may, upon compliance with the requirements of the Act of March 4, 1915 
(38 Stat. 1188), lay out and open public highways in accordance with the 
respective laws of those States. Under the provisions of that act, the 
applicant must serve the Secretary with notice of intention to open the 
proposed road and must submit a map of definite location on tracing 
linen showing the width of the proposed road for the approval of the 
Secretary prior to the laying out and opening of the road.
    (c) Applications for public highway rights-of-way over and across 
roadless and wild areas shall be considered in accordance with the 
regulations contained in part 265 of this chapter.

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