(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.