[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR7.35]

[Page 190-191]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 7--PROTECTION OF ARCHAEOLOGICAL RESOURCES--Table of Contents
 
     Subpart B--Department of the Interior Supplemental Regulations
 
Sec. 7.35  Permitting procedures for Indian lands.

    (a) If the lands involved in a permit application are Indian lands, 
the consent of the appropriate Indian tribal authority or individual 
Indian landowner is required by the Act and these regulations.
    (b) When Indian tribal lands are involved in an application for a 
permit or a request for extension or modification of a permit, the 
consent of the Indian tribal government must be obtained. For Indian 
allotted lands outside reservation boundaries, consent from only the 
individual landowner is needed. When multiple-owner allotted lands are 
involved, consent by more than 50 percent of the ownership interest is 
sufficient. For Indian allotted lands within reservation boundaries, 
consent must be obtained from the Indian tribal government and the 
individual landowner(s).
    (c) The applicant should consult with the Bureau of Indian Affairs 
concerning procedures for obtaining consent from the appropriate Indian 
tribal

[[Page 191]]

authorities and submit the permit application to the area office of the 
Bureau of Indian Affairs that is responsible for the administration of 
the lands in question. The Bureau of Indian Affairs shall insure that 
consultation with the appropriate Indian tribal authority or individual 
Indian landowner regarding terms and conditions of the permit occurs 
prior to detailed evaluation of the application. Permits shall include 
terms and conditions requested by the Indian tribe or Indian landowner 
pursuant to Sec. 7.9 of this part.
    (d) The issuance of a permit under this part does not remove the 
requirement for any other permit required by Indian tribal law.