25 CFR § 169.410 - What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled?
---
identifier: "/us/cfr/t25/s169.410"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 169.410 - What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled?"
title_number: 25
title_name: "Indians"
section_number: "169.410"
section_name: "What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "H"
subchapter_name: "LAND AND WATER"
part_number: "169"
part_name: "RIGHTS-OF-WAY OVER INDIAN LAND"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 25 U.S.C. 323-328; 25 U.S.C. 2201"
regulatory_source: "80 FR 72534, Nov. 19, 2015, unless otherwise noted."
cfr_part: "169"
---
# 169.410 What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled?
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.