25 CFR §169.113

1. (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. (1)Payment is a one-time lump sum;
   2. (2)The term of the right-of-way grant is 5 years or less;
   3. (3)The grant provides for automatic adjustments; or
   4. (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:
      1. (i)The right-of-way grant provides for payment of less than fair market value;
      2. (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
      3. (iii)The right-of-way grant provides for graduated rent or non-monetary or varying types of compensation.
2. (b)The grant must specify:
   1. (1)When adjustments take effect;
   2. (2)Who can make adjustments;
   3. (3)What the adjustments are based on; and
   4. (4)How to resolve disputes arising from the adjustments.
3. (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.