25 CFR § 169.110 - How much monetary compensation must be paid for a right-of-way over or across tribal land?
(a) A right-of-way over or across tribal land may allow for any payment amount negotiated by the tribe, and we will defer to the tribe and not require a valuation if the tribe submits a tribal authorization expressly stating that it:
(1) Has agreed upon compensation satisfactory to the tribe;
(2) Waives valuation; and
(3) Has determined that accepting such agreed-upon compensation and waiving valuation is in its best interest.
(b) The tribe may request, in writing, that we determine fair market value, in which case we will use a valuation in accordance with § 169.114. After providing the tribe with the fair market value, we will defer to a tribe's decision to allow for any compensation negotiated by the tribe.