25 CFR § 161.713
How will BIA determine the amount of damages to Navajo Partitioned Lands?
February 24, 2021
(a) BIA will determine the damages by considering the costs of rehabilitation and re-vegetation, loss of future revenue, loss of profits, loss of productivity, loss of market value, damage to other resources, and other factors.
(b) BIA will determine the value of forage or crops consumed or destroyed based upon the average rate received per month for comparable property or grazing privileges, or the estimated commercial value or replacement costs of the products or property.
(c) BIA will determine the value of the products or property illegally used or removed based upon a valuation of similar products or property.