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

(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.