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.