[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: 25CFR169.3]

[Page 510-511]
 
                            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. 169.3  Consent of landowners to grants of right-of-way.

    (a) No right-of-way shall be granted over and across any tribal 
land, nor shall any permission to survey be issued with respect to any 
such lands, without the prior written consent of the tribe.
    (b) Except as provided in paragraph (c) of this section, no right-
of-way shall be granted over and across any individually owned lands, 
nor shall any permission to survey be issued with respect to any such 
lands, without the prior written consent of the owner or owners of such 
lands and the approval of the Secretary.
    (c) The Secretary may issue permission to survey with respect to, 
and he may grant rights-of-way over and across individually owned lands 
without the consent of the individual Indian owners when
    (1) The individual owner of the land or of an interest therein is a 
minor or a person non compos mentis, and the Secretary finds that such 
grant will cause no substantial injury to the land or the owner, which 
cannot be adequately compensated for by monetary damages;
    (2) The land is owned by more than one person, and the owners or 
owner of a majority of the interests therein consent to the grant;
    (3) The whereabouts of the owner of the land or an interest therein 
are unknown, and the owners or owner of any interests therein whose 
whereabouts are known, or a majority thereof, consent to the grant;
    (4) The heirs or devisees of a deceased owner of the land or an 
interest therein have not been determined, and the Secretary finds that 
the grant will cause no substantial injury to the land or any owner 
thereof;
    (5) The owners of interests in the land are so numerous that the 
Secretary finds it would be impracticable

[[Page 511]]

to obtain their consent, and also finds that the grant will cause no 
substantial injury to the land or any owner thereof.

[36 FR 14183, July 31, 1971. Redesignated at 47 FR 13327, Mar. 30, 1982]