25 C.F.R. § 166.220

What are the basic steps for acquiring a permit through negotiation?

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The basic steps for acquiring a permit by negotiation are as follows:

(a) The BIA or the Indian landowner will:

(1) Receive a request to permit from an Indian landowner or the potential permittee;

(2) Prepare the permit documents; and

(3) Grant the permit.

(b) A potential permittee will complete the requirements for securing a permit, (e.g., bond, insurance, payment of administrative fee, etc.);

(c) We will:

(1) Review the permit for proper documentation and compliance with all applicable laws and regulations;

(2) Approve the permit after our review;

(3) Send the approved permit to the permittee and, upon request, to the Indian landowner; and

(4) Record and maintain the approved permit.

Notes of Decisions
Cited in 1 case, 2010–2010 · leading case: O'Bryan v. United States, 93 Fed. Cl. 57 (Fed. Cl. 2010).
O'Bryan v. United States, 93 Fed. Cl. 57 (Fed. Cl. 2010). “309 ; and (3) establish that Indian landowners may negotiate permits and advertise for bids, 25 C.F.R. § 166.220 . In addition, the grazing regulations direct that grazing rental payments are to be made “directly to the Indian landowners or to [the BIA] on behalf of the Indian…”
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