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:
Payment is a one-time lump sum;
The term of the right-of-way grant is 5 years or less;
The grant provides for automatic adjustments; or
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:
The right-of-way grant provides for payment of less than fair market value;
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
The right-of-way grant provides for graduated rent or non-monetary or varying types of compensation.
The grant must specify:
When adjustments take effect;
Who can make adjustments;
What the adjustments are based on; and
How to resolve disputes arising from the adjustments.
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.
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