Here is the district court opinion in Brurud v. Eastern Oklahoma Regional Director, BIA, affirming a fine against a user of a BIA road — nd-okla-dct-opinion
From the opinion:
This appeal stems from a disagreement regarding the repair and maintenance of a road in Osage County. The petitioner Clark L. Brurud (“Brurud”), through his oil company Stockbridge Energy, LLC, operates oil wells on the property where the road is located.
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The Superintendent sent a letter to Brurud on August 2, 2001, ordering him “to completely repair all roads used by [Brurud and his] staff. . . before August 10, 2001” and “to keep all [the] roads in good repair.” The Superintendent issued another letter on August 10, 2001, stating that Brurud had “made many improvements” to the roads but “still failed to repair a section of the road.” Because Brurud did not comply with the Superintendent’s orders, he was assessed a fine on August 10, 2001 of $ 25.00 per day until he completed the work. The Superintendent stated that he would consider increasing the fine if the work was not finished by August 17, 2001. The Superintendent classified the fine as a penalty permitted by 25 C.F.R. § 226.42 and notified Brurud that the decision was appealable to the Regional Director in accordance with 25 C.F.R. § 2.
Here are the briefs:
And here is the IBIA decision being appealed.
Turtle Talk 