25 C.F.R. § 169.402
Who may investigate compliance with a right-of-way?
(a) BIA may investigate compliance with a right-of-way.
(1) If an Indian landowner notifies us that a specific abandonment, non-use, or violation has occurred, we will promptly initiate an appropriate investigation.
(2) We may enter the Indian land subject to a right-of-way at any reasonable time, upon reasonable notice, and consistent with any notice requirements under applicable tribal law and applicable grant documents, to protect the interests of the Indian landowners and to determine if the grantee is in compliance with the requirements of the right-of-way.
(b) The tribe with jurisdiction may investigate compliance consistent with tribal law.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2021–2026 · leading case: JoAnn Chase v. Andeavor Logistics, L.P. (8th Cir. 2026).
JoAnn Chase v. Andeavor Logistics, L.P. (8th Cir. 2026). “7 We again conclude that the Allottees’ position as equitable owners of tribal land held in trust by the United States does not provide standing to bring this federal common law trespass cause of action. This does not leave the Allottees with a right without a remedy.”
Shoshone Bannock Tribes of the Fort Hall Reservation v. United States of Am. (D. Idaho 2021). “402(a)(1) does say that upon notice “that a specific abandonment, non-use, or violation has occurred, we will promptly initiate an appropriate investigation,” 25 C.F.R. § 169.402 (a)(1) (emphasis added), the Tribes do not seek a writ of mandamus requiring such an investigation.”
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