25 U.S.C. § 328
Rules and regulations
The Secretary of the Interior is authorized to prescribe any necessary regulations for the purpose of administering the provisions of sections 323 to 328 of this title.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 1981–2024 · leading case: JoAnn Chase v. Andeavor Logistics, L.P.
JoAnn Chase v. Andeavor Logistics, L.P. (2021)
“Pursuant to explicit rule-making authority, see 25 U.S.C. § 328 , the Secretary promulgated rules governing rights-of-way over Indian lands and authorized the BIA to administer the regime.”
Public Service Co. v. Approximately 15.49 Acres of Land in McKinley (2016)
“” 25 U.S.C. § 328 . However, the statutory scheme allowing consensual easements is relevant to the overall analysis of this case not only as to the reach of § 357 but also in determining under Rule 19 that PNM has an adequate remedy apart from condemnation.”
Swinomish Indian Tribal Community v. BNSF Railway Co. (2017)
“The Secretary of the Interior, exercising his authority to establish implementing regulations ( 25 U.S.C. § 328 ), specifically required prior written consent from the Tribe to obtain a right of way and made clear that any conditions on the consent constitute limitations on the…”
City of Stillwater v. An Easement & Right-of-Way for Water Pipeline Purposes Across Various Tracts of Land in Noble Coun (1981)
“25 U.S.C. § 328 empowers the Secretary of the Interior to prescribe any necessary regulations for the purpose of implementing the 1948 Act.”
WPX Energy Williston LLC v. Fettig (2024)
“Under 25 U.S.C. § 328 , the Secretary of the Interior has explicit rule-making authority to promulgate “rules governing rights-of-way over Indian lands and authorized the BIA to administer the regime.”
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