---
kind: "section"
citation: "25 C.F.R. § 169.212"
title: "25"
number: "169.212"
heading: "How will BIA decide whether to approve a mortgage of a right-of-way?"
url: "https://uscodex.org/cfr/25/169.212"
---

# §169.212. How will BIA decide whether to approve a mortgage of a right-of-way?

- (a) We may disapprove a right-of-way mortgage only if at least one of the following is true:
  - (1) The Indian landowners have not consented;
  - (2) The grantee's sureties for the bonds have not consented;
  - (3) The requirements of this subpart have not been met; or
  - (4) We find a compelling reason to withhold approval in order to protect the best interests of the Indian landowners.
- (b) In making the finding required by [paragraph (a)(4)](#a-4) of this section, we may consider whether:
  - (1) The mortgage proceeds would be used for purposes unrelated to the right-of-way purpose; and
  - (2) **The mortgage is limited to the right-of-way.**
- (c) We will defer, to the maximum extent possible, to the Indian landowners' determination that the mortgage is in their best interest.
- (d) We may not unreasonably withhold approval of a right-of-way mortgage.

## 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.