Section 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 .