{"data":{"id":"us/25-cfr-169.113","jurisdiction":"us","citation":"25 CFR 169.113","heading":"Must a right-of-way grant for individually owned Indian land provide for compensation reviews or adjustments?","body":"(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:\n(1) Payment is a one-time lump sum;\n(2) The term of the right-of-way grant is 5 years or less;\n(3) The grant provides for automatic adjustments; or\n(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:\n(i) The right-of-way grant provides for payment of less than fair market value;\n(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\n(iii) The right-of-way grant provides for graduated rent or non-monetary or varying types of compensation.\n(b) The grant must specify:\n(1) When adjustments take effect;\n(2) Who can make adjustments;\n(3) What the adjustments are based on; and\n(4) How to resolve disputes arising from the adjustments.\n(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, unless the grant provides otherwise.","path":["Title 25—Indians","CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR","SUBCHAPTER H—LAND AND WATER","PART 169—RIGHTS-OF-WAY OVER INDIAN LAND","Subpart C—Obtaining a Right-of-Way"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-25.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:59Z","sha256":"adedb019e20e6d0b0e157d3f6b34be21ec6de388449686b72683fcd74df6eb16","source_id":"us-cfr","stale":true,"prev":"us/25-cfr-169.112","next":"us/25-cfr-169.114"},"notice":"GroundRules: Original legal text. Not legal advice."}