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25 CFR § 169.201 - How long may the duration of a right-of-way grant be?

---
identifier: "/us/cfr/t25/s169.201"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 169.201 - How long may the duration of a right-of-way grant be?"
title_number: 25
title_name: "Indians"
section_number: "169.201"
section_name: "How long may the duration of a right-of-way grant be?"
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"
---

# 169.201 How long may the duration of a right-of-way grant be?

(a) All rights-of-way granted under this part are limited to the time periods stated in the grant.

(b) For tribal land, we will defer to the tribe's determination that the right-of-way term is reasonable.

(c) For individually owned Indian land, we will review the right-of-way duration to ensure that it is reasonable, given the purpose of the right-of-way. We will generally consider a maximum duration of 20 years to be reasonable for the initial term for rights-of-way for oil and gas purposes and a maximum of 50 years, inclusive of the initial term and any renewals, to be reasonable for rights-of-way for all other purposes. We will consider a duration consistent with use to be reasonable for rights-of-way for conservation easements. We will consider durations different from these guidelines if a different duration would benefit the Indian landowners, is required by another Federal agency, or the tribe has negotiated for a different duration and the right-of-way crosses tribal land.