[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR7.35]



[Page 215-216]

 

                    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



[[Page 216]]



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 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.