Code of Federal Regulations · Section
§ 166.205 — When Can The Bia Grant A Permit On Behalf Of Indian Landowners?
25 C.F.R. § 166.205
(a) We may grant a permit on behalf of:
(1) An individual who is adjudicated to be non compos mentis by a court of competent jurisdiction;
(2) An orphaned minor;
(3) An Indian landowner who has granted us written authority to permit his or her land;
(4) The undetermined heirs and devisees of a deceased Indian landowner;
(5) An Indian landowner whose whereabouts are unknown to us after a reasonable attempt is made to locate the Indian landowner;
(6) Indian landowners, where:
(i) We have provided written notice of our intent to grant a permit on their behalf, but the Indian landowners are unable to agree upon a permit during a three-month negotiation period immediately following such notice, or any other notice period established by a tribe under § 166.100(c)(2) of this part; and
(ii) The land is not being used by an individual Indian landowner under § 166.200 of this part.
(7) The individual Indian owners of fractionated Indian land, when necessary to protect the interests of the individual Indian landowners.
Authorizing Statute
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Leases of restricted lands25 U.S.C. § 415
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Regulations by President25 U.S.C. § 9
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Departmental regulations5 U.S.C. § 301
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Records management by agency heads; general duties44 U.S.C. § 3101
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Driving stock to feed on lands25 U.S.C. § 179
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Transferred25 U.S.C. § 466
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Leases of lands held in trust25 U.S.C. § 403
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Leases of lands for grazing or mining25 U.S.C. § 397
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Leases of arid allotted lands25 U.S.C. § 394
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Findings25 U.S.C. § 3701
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Transferred25 U.S.C. § 476
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Leases of restricted allotments25 U.S.C. § 393
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Duties of Commissioner25 U.S.C. § 2
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Leases of surplus lands25 U.S.C. § 402