---
kind: "section"
citation: "25 C.F.R. § 169.113"
title: "25"
number: "169.113"
heading: "Must a right-of-way grant for individually owned Indian land provide for compensation reviews or adjustments?"
url: "https://uscodex.org/cfr/25/169.113"
---

# §169.113. Must a right-of-way grant for individually owned Indian land provide for compensation reviews or adjustments?

- (a) 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:
  - (1) Payment is a one-time lump sum;
  - (2) The term of the right-of-way grant is 5 years or less;
  - (3) The grant provides for automatic adjustments; or
  - (4) 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:
    - (i) The right-of-way grant provides for payment of less than fair market value;
    - (ii) 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
    - (iii) **The right-of-way grant provides for graduated rent or non-monetary or varying types of compensation.**
- (b) The grant must specify:
  - (1) When adjustments take effect;
  - (2) Who can make adjustments;
  - (3) What the adjustments are based on; and
  - (4) **How to resolve disputes arising from the adjustments.**
- (c) When a review results in the need for adjustment of compensation, the Indian landowners must consent to the adjustment in accordance with [§ 169.107](/cfr/25/169.107.md), unless the grant provides otherwise.

## 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.