---
kind: "section"
citation: "25 C.F.R. § 169.110"
title: "25"
number: "169.110"
heading: "How much monetary compensation must be paid for a right-of-way over or across tribal land?"
url: "https://uscodex.org/cfr/25/169.110"
---

# §169.110. How much monetary compensation must be paid for a right-of-way over or across tribal land?

- (a) A right-of-way over or across tribal land may allow for any payment amount negotiated by the tribe, and we will defer to the tribe and not require a valuation if the tribe submits a tribal authorization expressly stating that it:
  - (1) Has agreed upon compensation satisfactory to the tribe;
  - (2) Waives valuation; and
  - (3) Has determined that accepting such agreed-upon compensation and waiving valuation is in its best interest.
- (b) The tribe may request, in writing, that we determine fair market value, in which case we will use a valuation in accordance with [§ 169.114](/cfr/25/169.114.md). After providing the tribe with the fair market value, we will defer to a tribe's decision to allow for any compensation negotiated by the tribe.
- (c) If the conditions in paragraph [(a)](#a) or [(b)](#b) of this section are not met, we will require that the grantee pay fair market value based on a valuation in accordance with [§ 169.114](/cfr/25/169.114.md).

## 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.