C.F.R. » Title 25 » CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › SUBCHAPTER H—LAND AND WATER › PART 169—RIGHTS-OF-WAY OVER INDIAN LAND › Subpart F—Compliance and Enforcement

25 C.F.R. § 169.401

What is the purpose and scope of this subpart?

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This subpart describes the procedures we use to address compliance and enforcement related to rights-of-way on Indian land. Any abandonment, non-use, or violation of the right-of-way grant or right-of-way document, including but not limited to encroachments beyond the defined boundaries, accidental, willful, and/or incidental trespass, unauthorized new construction, changes in use not permitted in the grant, and late or insufficient payment may result in enforcement actions including, but not limited to, cancellation of the grant.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2020–2021 · leading case: Swinomish Indian Tribal Cmty. v. BNSF Ry. Co., 951 F.3d 1142 (9th Cir. 2020).
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Swinomish Indian Tribal Cmty. v. BNSF Ry. Co., 951 F.3d 1142 (9th Cir. 2020). “413 ; see also 25 C.F.R. § 169.401 (“Any . . . violation of the right-of- way grant or right-of-way document, including but not limited to encroachments beyond the defined boundaries, accidental, willful, and/or incidental trespass, unauthorized new construction, changes in use…”
Shoshone Bannock Tribes of the Fort Hall Reservation v. United States, 575 F. Supp. 3d 1245 (D. Idaho 2021). · cites it 2× “In response, the Tribes argue the mandates are in the 1888 Act and 25 C.F.R. §§ 169.401 , 169.402.8 But both § 169.”
Swinomish Indian Tribal Cmty. v. BNSF Ry. Co., No. 18-35704 (9th Cir. Mar. 4, 2020). “413 ; see also 25 C.F.R. § 169.401 (“Any . . . violation of the right-of- way grant or right-of-way document, including but not limited to encroachments beyond the defined boundaries, accidental, willful, and/or incidental trespass, unauthorized new construction, changes in use…”
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