(a) To obtain a right-of-way across tribal or individually owned Indian land or BIA land, you must submit a complete application to the BIA office with jurisdiction over the land covered by the right-of-way.
(b) If you must obtain access to Indian land to prepare information required by the application (e.g., to survey), you must obtain the consent of the Indian landowners, but our approval to access is not required. Upon written request, we will provide you with the names, addresses, and percentage of ownership of individual Indian landowners, to allow you to obtain the landowners' consent to survey.
(c) If the BIA will be granting the right-of-way across Indian land under § 169.107(b), then the BIA may grant permission to access the land.
Notes of Decisions
WPX Energy Williston, LLC v. Hon. B.J. Jones, 72 F.4th 834 (8th Cir. 2023).
· cites it 2× “§§ 323-328 ; 25 C.F.R. § 169.101 . As part of the application process, a company seeking a right-of-way must obtain consent from the tribe or individual landowners.”
Self v. Cher-AE Heights Indian Cmty. etc. (Cal. Ct. App. 2021).
· cites it 2× “§§ 323 , 324; 25 C.F.R. § 169.101 .) Because the Tribe’s proposed trust acquisition involves coastal property, the federal Coastal Zone Management Act imposes additional requirements.”
JoAnn Chase v. Andeavor Logistics, L.P. (8th Cir. 2026).
“The Secretary’s regulations, authorized by § 328, are currently found in 25 C.F.R. §§ 169.101 et seq., part of the Secretary’s regulations administered by the Department of the Interior’s Bureau of Indian Affairs (“BIA”).”
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