§169.114. How will BIA determine fair market value for a right-of-way?
25 C.F.R. § 169.114
We will use a market analysis, appraisal, or other appropriate valuation method to determine the fair market value before we grant a right-of-way over or across individually owned Indian land. We will also use a market analysis, appraisal, or other appropriate valuation method to determine, at the request of the tribe, the fair market value of tribal land.
We will either:
Prepare, or have prepared, a market analysis, appraisal, or other appropriate valuation method; or
Approve use of a market analysis, appraisal, or other appropriate valuation method from the Indian landowners or grantee.
We will use or approve use of a market analysis, appraisal, or other appropriate valuation method only if it:
Has been prepared in accordance with USPAP or a valuation method developed by the Secretary under 25 U.S.C. 2214 and complies with Departmental policies regarding appraisals, including third-party appraisals; or
Has been prepared by another Federal agency.
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.