---
kind: "section"
citation: "25 C.F.R. § 169.201"
title: "25"
number: "169.201"
heading: "How long may the duration of a right-of-way grant be?"
url: "https://uscodex.org/cfr/25/169.201"
---

# §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.

## 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.