§ 169.10 What is the effect of a right-of-way on a tribe's jurisdiction over the underlying parcel?

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Title 25 CFR: Indians › Chapter I: BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › Part 169: RIGHTS-OF-WAY OVER INDIAN LAND › Subpart A: Purpose, Definitions, General Provisions › § 169.10: § 169.10 What is the effect of a right-of-way on a tribe's jurisdiction over the underlying parcel?

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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A right-of-way is a non-possessory interest in land, and title does not pass to the grantee. The Secretary's grant of a right-of-way will clarify that it does not diminish to any extent:

(a) The Indian tribe's jurisdiction over the land subject to, and any person or activity within, the right-of-way;

(b) The power of the Indian tribe to tax the land, any improvements on the land, or any person or activity within, the right-of-way;

(c) The Indian tribe's authority to enforce tribal law of general or particular application on the land subject to and within the right-of-way, as if there were no grant of right-of-way;

(d) The Indian tribe's inherent sovereign power to exercise civil jurisdiction over non-members on Indian land; or

(e) The character of the land subject to the right-of-way as Indian country under 18 U.S.C. 1151.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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§ 169.10 What is the effect of a right-of-way on a tribe's jurisdiction over the underlying parcel? · 25 C.F.R. § 169.10 (2025) | Frix