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; 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.