§ 169.5 - What types of rights-of-way does this part cover?

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This part covers rights-of-way over and across Indian or BIA land, for uses including but not limited to the following:

Railroads;

Public roads and highways;

Access roads;

Service roads and trails, even where they are appurtenant to any other right-of-way purpose;

Public and community water lines (including pumping stations and appurtenant facilities);

Public sanitary and storm sewer lines (including sewage disposal and treatment plant lines);

Water control and use projects (including but not limited to, flowage easements, irrigation ditches and canals, and water treatment plant lines);

Oil and gas pipelines (including pump stations, meter stations, and other appurtenant facilities);

Electric transmission and distribution systems (including lines, poles, towers, telecommunication, protection, measurement and data acquisition equipment, other items necessary to operate and maintain the system, and appurtenant facilities);

Telecommunications, broadband, fiber optic lines;

Avigation hazard easements;

Conservation easements not covered by 25 CFR part 84, Encumbrances of Tribal Land—Contract Approvals, or 25 CFR part 162, Leases and Permits; or

Any other new use for which a right-of-way is appropriate but which is unforeseeable as of the effective date of these regulations.

Each of the uses listed above includes the right to access the right-of-way to manage vegetation, inspect, maintain and repair equipment, and conduct other activities that are necessary to maintain the right-of-way use.