---
kind: "range"
citation: "25 C.F.R. §§ 700.117–700.121"
title: "25"
from: "700.117"
to: "700.121"
count: 3
url: "https://uscodex.org/cfr/25/700.117..700.121"
---

# §700.117. Criteria for appraisals.

- (a) **Appraisal standards.** The Commission's appraisals shall be based upon nationally recognized appraisal standards and techniques to the extent that such principles are consistent with the concepts of value that the Commission may establish.
- (b) **Documentation.** Appraisal reports must contain sufficient documentation, including supporting valuation data and the appraiser's analyses of that data, to demonstrate the reasonableness of the appraiser's opinion(s) of value.
- (c) **Conflict of interest.** No appraiser shall have any interest, direct or indirect, in the habitations and/or improvements which he appraisers for the Commission that would in any way conflict with his performance of the appraisal.

# §700.119. Establishment of fair market value.

- (a) **General.** The Commission shall establish the amount of fair market value to be offered to the owner for the habitations and/or improvements. Such amount shall not be less than—
  - (1) The appraiser's recommendations as to the fair market value of the habitations and/or improvements; or
  - (2) The fair market value estimate set forth in the agency's approved appraisal, if the property is valued at $2,000 or less.
- (b) **Owner retention of improvements.** If the owner of a habitation and/or improvement is permitted to retain it for removal off-site, the amount determined to be just compensation for the interest in habitations and/or improvements to be acquired from him shall not be less than the amount determined by subtracting the salvage value of the improvements he retains for off-site removal from the amount determined to be fair market value for his entire interest in the habitation and improvement. Retention of improvements by the owner shall not change, alter or abrogate the requirement of the Act that the owner must move from land partitioned to the tribe of which he/she is not a member.

# §700.121. Statement of the basis for the determination of fair market value.


At the time of the initiation of negotiations to acquire the habitations and/or improvements, the Commission shall furnish the owner, along with the initial written purchase offer, a written statement of the basis for the determination of fair market value. To the extent permitted by the Commission, the statement shall include the following—

- (a) **A description and location identification of the habitations and/or improvements to be acquired.**
- (b) An inventory identifying the buildings, structures, fixtures, and other improvements, including appurtenant removable building equipment, which are considered to be part of the habitations and/or improvements for which the offer of fair market value is made.
- (c) **A recital of the amount of the offer and a declaration that such amount—**
  - (1) Is the full amount believed by the Commission to be just compensation for the property and is not less than the fair market value of the property as determined on the basis of the appraisal(s);
  - (2) Does not reflect any relocation payments or other relocation assistance which the owner is entitled to receive.
- (d) If only a portion of a habitation and/or improvement is to be acquired, an apportionment of the total estimated just compensation for the partial acquisition will be made. In the event that the Commission determines that partial acquisitions are necessary, all portions so acquired will be acquired simultaneously.