§169.113. Must a right-of-way grant for individually owned Indian land provide for compensation reviews or adjustments?
25 C.F.R. § 169.113
For a right-of-way grant of individually owned Indian land, a review of the adequacy of compensation must occur at least every fifth year, in the manner specified in the grant unless:
Payment is a one-time lump sum;
The term of the right-of-way grant is 5 years or less;
The grant provides for automatic adjustments; or
We determine it is in the best interest of the Indian landowners not to require a review or automatic adjustment based on circumstances including, but not limited to, the following:
The right-of-way grant provides for payment of less than fair market value;
The right-of-way grant provides for most or all of the compensation to be paid during the first 5 years of the grant term or before the date the review would be conducted; or
The right-of-way grant provides for graduated rent or non-monetary or varying types of compensation.
The grant must specify:
When adjustments take effect;
Who can make adjustments;
What the adjustments are based on; and
How to resolve disputes arising from the adjustments.
When a review results in the need for adjustment of compensation, the Indian landowners must consent to the adjustment in accordance with § 169.107, unless the grant provides otherwise.
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.