---
kind: "section"
citation: "25 C.F.R. § 169.10"
title: "25"
number: "169.10"
heading: "What is the effect of a right-of-way on a tribe's jurisdiction over the underlying parcel?"
url: "https://uscodex.org/cfr/25/169.10"
---

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


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](/usc/18/1151.md).

## Notes

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 323-328; 25 U.S.C. 2201 et seq.

### Source

Source: 80 FR 72534, Nov. 19, 2015, unless otherwise noted.