---
kind: "section"
citation: "25 C.F.R. § 169.302"
title: "25"
number: "169.302"
heading: "Must a right-of-way be recorded?"
url: "https://uscodex.org/cfr/25/169.302"
---

# §169.302. Must a right-of-way be recorded?

- (a) Any right-of-way document must be recorded in our LTRO with jurisdiction over the affected Indian land.
  - (1) We will record the right-of-way document immediately following our approval or granting.
  - (2) In the case of assignments that do not require our approval under [§ 169.207(b)](/cfr/25/169.207.md?p=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.
- (b) 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:
  - (1) Grants on tribal land for a tribal utility under [§ 169.4](/cfr/25/169.4.md);
  - (2) Grants on tribal land under a special act of Congress authorizing grants without our approval under certain conditions.

## 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.