You need an approved right-of-way under this part before crossing Indian land if you meet one of the criteria in the following table:
You do not need a right-of-way to cross Indian land if:
You are an Indian landowner who owns 100 percent of the trust or restricted interests in the land; or
You are authorized by:
A lease under 25 CFR part 162, 211, 212, or 225 or permit under 25 CFR part 166;
A tribal land assignment or similar instrument authorizing use of the tribal land without Secretarial approval; or
Other, tribe-specific authority authorizing use of the tribal land without Secretarial approval; or
Another land use agreement not subject to this part (e.g., under 25 CFR part 84); or
You meet any of the criteria in the following table: