(a) Unless otherwise provided under tribal law, when we have reason to believe that a trespass on Indian agricultural land has occurred, within five business days, we or the authorized tribal representative will provide written notice to the alleged trespasser, the possessor of trespass property, any known lien holder, and beneficial Indian landowner, as appropriate. The written notice will include the following:
(1) The basis for the trespass determination;
(2) A legal description of where the trespass occurred;
(3) A verification of ownership of unauthorized property (e.g., brands in the State Brand Book for cases of livestock trespass, if applicable);
(4) Corrective actions that must be taken;
(5) Time frames for taking the corrective actions;
(6) Potential consequences and penalties for failure to take corrective action; and
(7) A statement that unauthorized livestock or other property may not be removed or disposed of unless authorized by us.
(b) If we determine that the alleged trespasser or possessor of trespass property is unknown or refuses delivery of the written notice, a public trespass notice will be posted at the tribal community building, U.S. Post Office, and published in the local newspaper nearest to the Indian agricultural lands where the trespass is occurring.
(c) Trespass notices under this subpart are not subject to appeal under 25 CFR part 2.
Notes of Decisions
Temple v. Cleve Her Many Horses, 163 F. Supp. 3d 602 (D.S.D. 2016).
· cites it 2× “25 CFR § 166.803 . A person who receives a trespass notice is allowed to contact the BIA and explain why the notice is in error.”
Curtis Temple v. Lawrence Roberts, 127 F.4th 709 (8th Cir. 2025).
“25 C.F.R. § 166.803 (a). Should an aggrieved party wish to challenge the trespass determination, he may “[c]ontact [the agency] in writing to explain why the trespass notice is in error.”
Taylor v. Bureau of Indian Affairs, 325 F. Supp. 2d 1117 (S.D. Cal. 2004).
“25 C.F.R. § 166.803 (a). Within the time specified in the trespass notice, the alleged trespasser may contact the BIA “in writing to explain why the trespass notice is in error.”
Temple v. Lawrence Roberts (D.S.D. 2019).
“25 C.F.R. § 166.803 (c). In interpreting this regulation, the IBIA concluded “it has jurisdiction to review the finding of trespass and actions taken as a result of that finding, but does not have jurisdiction to review the actual trespass notice itself.”
Temple v. Lawrence Roberts (D.S.D. 2023).
“Pursuant to 25 C.F.R. § 166.803 (2012 — 2016 regulations are all consistent), the BIA was required to give plaintiff written notice of the alleged trespass including: (1) The basis for the trespass determination; (2) A legal description of where the trespass occurred; | (3) A…”
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