25 C.F.R. § 169.410

What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled?

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If a grantee remains in possession after the expiration, termination, or cancellation of a right-of-way, and is not accessing the land to perform reclamation or other remaining grant obligations, we may treat the unauthorized possession as a trespass under applicable law and will communicate with the Indian landowners in making the determination whether to treat the unauthorized possession as a trespass. Unless the parties have notified us in writing that they are engaged in good faith negotiations to renew or obtain a new right-of-way, we may take action to recover possession on behalf of the Indian landowners, and pursue any additional remedies available under applicable law, such as a forcible entry and detainer action. The holdover time will be charged against the new term.

Notes of Decisions

Cited in 3 cases (3 in the last 5 years), 2021–2026 · leading case: JoAnn Chase v. Andeavor Logistics, L.P., 12 F.4th 864 (8th Cir. 2021).

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JoAnn Chase v. Andeavor Logistics, L.P., 12 F.4th 864 (8th Cir. 2021). · cites it 2× “In later supplemental guidance, the Regional Director was advised to rely only on 25 C.F.R. § 169.410 and common law remedies to address the trespass.”

JoAnn Chase v. Andeavor Logistics, L.P. (8th Cir. 2026). · cites it 4× “The Assistant Secretary for Indian Affairs (“AS-IA”), exercising authority to assume jurisdiction, vacated the Notice and remanded to the Regional Director with instructions to issue a new decision under specified legal standards, relying on 25 C.F.R. § 169.410 and common law…”

Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation v. Enbridge Energy Co., Inc. (W.D. Wis. 2021). “#80) 19 (discussing remedy available under 25 C.F.R. § 169.410 ).) Regardless, even an expansive view of the meaning of “impair or impede a person’s ability to protect the interest” cannot reasonably encompass a party not having access to the same attorney, evidence or expert…”

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