---
kind: "section"
citation: "25 C.F.R. § 169.209"
title: "25"
number: "169.209"
heading: "How will BIA decide whether to approve an assignment of a right-of-way?"
url: "https://uscodex.org/cfr/25/169.209"
---

# §169.209. How will BIA decide whether to approve an assignment of a right-of-way?

- (a) We may disapprove an assignment of a right-of-way only if at least one of the following is true:
  - (1) The Indian landowners have not consented to the assignment under [§ 169.107](/cfr/25/169.107.md) and their consent is required;
  - (2) Sufficient bonding and/or insurance are not in place;
  - (3) The grantee is in violation of the right-of-way grant;
  - (4) The assignee does not agree to be bound by the terms of the right-of-way grant;
  - (5) The requirements of this subpart have not been met; or
  - (6) We find a compelling reason to withhold approval 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 assignment is in their best interest.
- (c) We may not unreasonably withhold approval of an assignment.

## 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.