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5 U.S.C. 301; 25 U.S.C. 323-328; 25 U.S.C. 2201 et seq.
80 FR 72534, Nov. 19, 2015, unless otherwise noted.
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(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.