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

§ 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.