25 CFR § 169.113 - Must a right-of-way grant for individually owned Indian land provide for compensation reviews or adjustments?

---
identifier: "/us/cfr/t25/s169.113"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 169.113 - Must a right-of-way grant for individually owned Indian land provide for compensation reviews or adjustments?"
title_number: 25
title_name: "Indians"
section_number: "169.113"
section_name: "Must a right-of-way grant for individually owned Indian land provide for compensation reviews or adjustments?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "H"
subchapter_name: "LAND AND WATER"
part_number: "169"
part_name: "RIGHTS-OF-WAY OVER INDIAN LAND"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 25 U.S.C. 323-328; 25 U.S.C. 2201"
regulatory_source: "80 FR 72534, Nov. 19, 2015, unless otherwise noted."
cfr_part: "169"
---


# 169.113 Must a right-of-way grant for individually owned Indian land provide for compensation reviews or adjustments?

(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:

(1) Payment is a one-time lump sum;

(2) The term of the right-of-way grant is 5 years or less;

(3) The grant provides for automatic adjustments; or

(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:

(i) The right-of-way grant provides for payment of less than fair market value;

(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

(iii) The right-of-way grant provides for graduated rent or non-monetary or varying types of compensation.

(b) The grant must specify:

(1) When adjustments take effect;

(2) Who can make adjustments;

(3) What the adjustments are based on; and

(4) How to resolve disputes arising from the adjustments.

(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.