---
kind: "section"
citation: "25 C.F.R. § 169.124"
title: "25"
number: "169.124"
heading: "How will BIA determine whether to grant a right-of-way?"
url: "https://uscodex.org/cfr/25/169.124"
---

# §169.124. How will BIA determine whether to grant a right-of-way?


Our decision to grant or deny a right-of-way will be in writing.

- (a) We will grant a right-of-way unless:
  - (1) The requirements of this subpart have not been met, such as if the required landowner consent has not been obtained under [§ 169.107](/cfr/25/169.107.md); or
  - (2) We find a compelling reason to withhold the grant in order to protect the best interests of the Indian landowners.
- (b) We will defer, to the maximum extent possible, to the Indian landowners' determination that the right-of-way is in their best interest.
- (c) We may not unreasonably withhold our grant of a right-of-way.
- (d) We may grant one right-of-way for all of the tracts traversed by the right-of-way, or we may issue separate grants for one or more tracts traversed by the right-of-way.

## 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.