(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. (1) Payment is a one-time lump sum;
2. (2) The term of the right-of-way grant is 5 years or less;
3. (3) The grant provides for automatic adjustments; or

4. (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:

   1. (i) The right-of-way grant provides for payment of less than fair market value;
   2. (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
   3. (iii) The right-of-way grant provides for graduated rent or non-monetary or varying types of compensation.

(b) The grant must specify:

1. (1) When adjustments take effect;
2. (2) Who can make adjustments;
3. (3) What the adjustments are based on; and
4. (4) How to resolve disputes arising from the adjustments.