---
kind: "section"
citation: "25 C.F.R. § 169.304"
title: "25"
number: "169.304"
heading: "What happens if BIA does not meet a deadline for issuing a decision on a right-of-way document?"
url: "https://uscodex.org/cfr/25/169.304"
---

# §169.304. What happens if BIA does not meet a deadline for issuing a decision on a right-of-way document?

- (a) If a Superintendent does not meet a deadline for granting or denying a right-of-way, renewal, amendment, assignment, or mortgage, the parties may file a written notice to compel action with the appropriate Regional Director.
- (b) **The Regional Director has 15 days from receiving the notice to—**
  - (1) Grant or deny the right-of-way; or
  - (2) **Order the Superintendent to grant or deny the right-of-way within the time set out in the order.**
- (c) Either party may file a written notice to compel action with the BIA Director if:
  - (1) The Regional Director does not meet the deadline in [paragraph (b)](#b) of this section;
  - (2) The Superintendent does not grant or deny the right-of-way within the time set by the Regional Director under [paragraph (b)(2)](#b-2) of this section; or
  - (3) The initial decision on the right-of-way, renewal, amendment, assignment, or mortgage is with the Regional Director, and he or she does not meet the deadline for such decision.
- (d) **The BIA Director has 15 days from receiving the notice to—**
  - (1) Grant or deny the right-of-way; or
  - (2) Order the Regional Director or Superintendent to grant or deny the right-of-way within the time set out in the order.
- (e) If the Regional Director or Superintendent does not grant or deny the right-of-way within the time set out in the order under [paragraph (d)(2)](#d-2) of this section, then the BIA Director must issue a decision within 15 days from the expiration of the time set out in the order.
- (f) The parties may file an appeal from our inaction to the Interior Board of Indian Appeals if the BIA Director does not meet the deadline in paragraph [(d)](#d) or [(e)](#e) of this section.
- (g) The provisions of [25 CFR 2.8](/cfr/25/2.8.md) do not apply to the inaction of BIA officials with respect to a granting or denying a right-of-way, renewal, amendment, assignment, or mortgage under this subpart.

## 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.