25 C.F.R. § 166.227

How can Indian land be removed from an existing permit?

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(a) We will remove Indian land from the permit if:

(1) The trust status of the Indian land terminates;

(2) The Indian landowners request removal of their interest, with the written approval of the majority interest of the fractionated tract to be removed, and we determine that the removal is beneficial to such interests;

(3) A tribe allocates grazing privileges for Indian land covered by your permit under § 166.218 of this part;

(4) The permittee requests removal of the Indian land, the owners of the majority interest of the Indian land provides written approval of the removal of the Indian land, and we determine that the removal is warranted; or

(5) We determine that removal of the Indian land is appropriate, with the written approval of the owners of the majority interest of the Indian land.

(b) We will revise the grazing capacity to reflect the removal of Indian land and show it on the permit.

Notes of Decisions

Cited in 1 case, 2010–2010 · leading case: O'Bryan v. United States, 93 Fed. Cl. 57 (Fed. Cl. 2010).

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O'Bryan v. United States, 93 Fed. Cl. 57 (Fed. Cl. 2010). “15 was the predecessor provision to several sections of the current grazing regulations, including 25 C.F.R. §§ 166.227 , 166.228, 166.229(a), and 166.”

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