§ 169.4 - When do I need a right-of-way to authorize possession over or across Indian land?

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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: