---
kind: "section"
citation: "25 C.F.R. § 169.118"
title: "25"
number: "169.118"
heading: "May the right-of-way provide for non-monetary or varying types of compensation?"
url: "https://uscodex.org/cfr/25/169.118"
---

# §169.118. May the right-of-way provide for non-monetary or varying types of compensation?

- (a) A right-of-way grant may provide for alternative forms of compensation and varying types of compensation, subject to the conditions in paragraphs [(b)](#b) and [(c)](#c) of this section:
  - (1) Alternative forms of compensation may include but are not limited to, in-kind consideration and payments based on throughput or percentage of income; or
  - (2) Varying types of compensation may include but are not limited to different types of payments at specific stages during the life of the right-of-way grant, such as fixed annual payments during construction, payments based on income during an operational period, and bonuses.
- (b) For tribal land, we will defer to the tribe's determination that the compensation under [paragraph (a)](#a) of this section is in its best interest, if the tribe submits a signed certification or tribal authorization stating that it has determined the alternative form of compensation or varying type of compensation to be in its best interest.
- (c) For individually owned land, we may grant a right-of-way that provides for an alternative form of compensation or varying type of compensation if we determine that it is in the best interest of the Indian landowners.

## 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.