25 C.F.R. § 166.205

When can the BIA grant a permit on behalf of Indian landowners?

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(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.

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: Fredericks v. United States, 125 Fed. Cl. 404 (Fed. Cl. 2016).

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Fredericks v. United States, 125 Fed. Cl. 404 (Fed. Cl. 2016). · cites it 2× “undetermined heirs and devisees of deceased Indian owners,” and 25 C.F.R. § 166.205 (a)(4), which provides that BIA may grant permits under the same circumstances.”

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