25 C.F.R. § 166.801

What is the BIA's trespass policy?

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We will:

(a) Investigate accidental, willful, and/or incidental trespass on Indian agricultural land;

(b) Respond to alleged trespass in a prompt, efficient manner;

(c) Assess trespass penalties for the value of products used or removed, cost of damage to the Indian agricultural land, and enforcement costs incurred as a consequence of the trespass.

(d) Ensure that damage to Indian agricultural lands resulting from trespass is rehabilitated and stabilized at the expense of the trespasser.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Larson v. United States (D.S.D. 2021).
Larson v. United States (D.S.D. 2021). · cites it 2× “25 C.F.R. § 166.801 . As a part of its response to the alleged trespass, the BIA “will” instruct the trespasser of any corrective action that must be taken.”
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