25 C.F.R. § 166.217

In what manner may a permit on Indian land be granted?

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(a) A tribe may grant a permit on tribal land through tribal allocation, negotiation, or advertisement in accordance with § 166.203 of this part. We must approve all permits of tribal land in order for the permit to be valid, except where otherwise provided by law.

(b) Individual Indian landowners may grant a permit on their Indian land through negotiation or advertisement in accordance with § 166.203 of this part. We must approve all permits of Individual Indian land in order for the permit to be valid.

(c) We will grant permits through negotiation or advertisement for range units containing, in whole or part, individually-owned Indian land and range units that consist of, or in combination with individually-owned Indian land, tribal or government land, under § 166.205 of this part. We will consult with tribes prior to granting permits for range units that include tribal land.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2010–2025 · leading case: Curtis Temple v. Lawrence Roberts, 127 F.4th 709 (8th Cir. 2025).

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Curtis Temple v. Lawrence Roberts, 127 F.4th 709 (8th Cir. 2025). “See 25 C.F.R. §§ 166.217 (a), 166.4. All allocations, while determined by the tribe, are subject to the approval of the Board of Indian Appeals (BIA) and grant the permit holder the right to graze his or her cattle on land “owned by a tribe or individual Indian in trust.”

O'Bryan v. United States, 93 Fed. Cl. 57 (Fed. Cl. 2010). “” 25 C.F.R. § 166.217 (b). The BIA in turn administers these permits including, in many cases, the collection of rent, 25 C.”

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