§ 169.201. How long may the duration of a right-of-way grant be?
159 words·~1 min read·
/us/cfr/t25/s§ 169.201·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.