---
kind: "section"
citation: "25 C.F.R. § 169.114"
title: "25"
number: "169.114"
heading: "How will BIA determine fair market value for a right-of-way?"
url: "https://uscodex.org/cfr/25/169.114"
---

# §169.114. How will BIA determine fair market value for a right-of-way?

- (a) 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.
- (b) We will either:
  - (1) Prepare, or have prepared, a market analysis, appraisal, or other appropriate valuation method; or
  - (2) Approve use of a market analysis, appraisal, or other appropriate valuation method from the Indian landowners or grantee.
- (c) We will use or approve use of a market analysis, appraisal, or other appropriate valuation method only if it:
  - (1) Has been prepared in accordance with USPAP or a valuation method developed by the Secretary under [25 U.S.C. 2214](/usc/25/2214.md) and complies with Departmental policies regarding appraisals, including third-party appraisals; or
  - (2) **Has been prepared by another Federal agency.**

## 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.