[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR169.14]

[Page 514]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 169--RIGHTS-OF-WAY OVER INDIAN LANDS--Table of Contents
 
Sec. 169.14  Deposit and disbursement of consideration and damages.

    At the time of filing an application for right-of-way, the applicant 
must deposit with the Secretary the total estimated consideration and 
damages, which shall include consideration for the right-of-way, 
severance damages, damages caused during the survey, and estimated 
damages to result from construction less any deposit previously made 
under Sec. 169.4. In no case shall the amount deposited as consideration 
for the right-of-way over any parcel be less than the amount specified 
in the consent covering that parcel. If in reviewing the application, 
the Secretary determines that the amounts deposited are inadequate to 
compensate the owners, the applicant shall increase the deposit to an 
amount determined by the Secretary to be adequate. The amounts so 
deposited shall be held in a ``special deposit'' account for 
distribution to or for the account of the landowners and authorized 
users and occupants of the land. Amounts deposited to cover damages 
resulting from survey and construction may be disbursed after the 
damages have been sustained. Amounts deposited to cover consideration 
for the right-of-way and severance damages shall be disbursed upon the 
granting of the right-of-way. Any part of the deposit which is not 
required for disbursement as aforesaid shall be refunded to the 
applicant promptly following receipt of the affidavit of completion of 
construction filed pursuant to Sec. 169.16.