25 C.F.R. § 166.200
When is a permit needed to authorize possession of Indian land for grazing purposes?
(a) Unless otherwise provided for in this part, any person or legal entity, including an independent legal entity owned and operated by a tribe, must obtain a permit under these regulations before taking possession of Indian land for grazing purposes.
(b) An Indian landowner who owns 100% of the trust or restricted interests in a tract may take possession of that Indian land without a permit or any other prior authorization from us.
(c) If an Indian landowner does not own 100 percent (%) of his or her Indian land and wants to use the Indian land for grazing purposes, a permit must be granted by the majority interest of the fractionated tract.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2025–2025 · leading case: Curtis Temple v. Lawrence Roberts, 127 F.4th 709 (8th Cir. 2025).
Curtis Temple v. Lawrence Roberts, 127 F.4th 709 (8th Cir. 2025). “On October 31, 2012, Temple’s permits to graze his cattle on the reservation expired, and he timely re-applied for new grazing permits through the allocation process, see 25 C.F.R. § 166.200 et seq., but so did another member of the OST: Donald “Duke” Buffington.”
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