§169.302. Must a right-of-way be recorded?
25 C.F.R. § 169.302
Any right-of-way document must be recorded in our LTRO with jurisdiction over the affected Indian land.
We will record the right-of-way document immediately following our approval or granting.
In the case of assignments that do not require our approval under § 169.207(b), the parties must provide us with a copy of the assignment and we will record the assignment in the LTRO with jurisdiction over the affected Indian land.
The tribe must record right-of-way documents for the following types of rights-of-way in the LTRO with jurisdiction over the affected Indian lands, even though BIA approval is not required:
Grants on tribal land for a tribal utility under § 169.4;
Grants on tribal land under a special act of Congress authorizing grants without our approval under certain conditions.
Notes, amendments, and revision history
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.