25 C.F.R. § 169.114 — How will BIA determine fair market value for a right-of-way?
§ 169.114 How will BIA determine fair market value for a right-of-way? (a) We will use a market analysis, appraisal, or other appropriate valuation method to determine the fair market value before we grant a right-of-way over or across individually owned Indian land. We will also use a market analysis, appraisal, or other appropriate valuation method to determine, at the request of the tribe, the fair market value of tribal land. (b) We will either: (1) Prepare, or have prepared, a market analysis, appraisal, or other appropriate valuation method; or (2) Approve use of a market analysis, appraisal, or other appropriate valuation method from the Indian landowners or grantee. (c) We will use or approve use of a market analysis, appraisal, or other appropriate valuation method only if it: (1) Has been prepared in accordance with USPAP or a valuation method developed by the Secretary under 25 U.S.C. 2214 and complies with Departmental policies regarding appraisals, including third-party appraisals; or (2) Has been prepared by another Federal agency.