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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 list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
§ 323 - Rights-of-way for all purposes across any Indian lands
§ 324 - Consent of certain tribes; consent of individual Indians
§ 325 - Payment and disposition of compensation
§ 326 - Laws unaffected
§ 327 - Application for grant by department or agency
§ 328 - Rules and regulations
Title 25 published on 2015-04-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 25 CFR Part 169 after this date.
This final rule comprehensively updates and streamlines the process for obtaining Bureau of Indian Affairs (BIA) grants of rights-of-way on Indian land, while supporting tribal self-determination and self-governance. This final rule further implements the policy decisions and approaches established in the leasing regulations, which BIA finalized in December 2012, by applying them to the rights-of-way context where applicable. The rule also applies to BIA land.