25 CFR § 169.302 - Must a right-of-way be recorded?

---
identifier: "/us/cfr/t25/s169.302"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 169.302 - Must a right-of-way be recorded?"
title_number: 25
title_name: "Indians"
section_number: "169.302"
section_name: "Must a right-of-way be recorded?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "H"
subchapter_name: "LAND AND WATER"
part_number: "169"
part_name: "RIGHTS-OF-WAY OVER INDIAN LAND"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 25 U.S.C. 323-328; 25 U.S.C. 2201"
regulatory_source: "80 FR 72534, Nov. 19, 2015, unless otherwise noted."
cfr_part: "169"
---


# 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), 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;

(2) Grants on tribal land under a special act of Congress authorizing grants without our approval under certain conditions.