166.100—What special tribal policies will we apply to permitting on Indian agricultural lands?
(a)
When specifically authorized by an appropriate tribal resolution establishing a general policy for permitting of Indian agricultural lands, the BIA will:
(1)
Waive the general prohibition against Indian operator preferences in permits advertised for bid under § 166.221 of this part, by allowing prospective Indian operators to match the highest responsible bid (unless the tribal law or leasing policy specifies some other manner in which the preference must be afforded);
(4)
Approve permits of tribally-owned agricultural lands at rates determined by the tribal governing body.
(b)
When specifically authorized by an appropriate tribal resolution establishing a general policy for permitting of Indian agricultural lands, and subject to paragraph (c) of this section, the BIA may:
(2)
Grant or approve a permit on “highly fractionated undivided heirship lands” as defined by tribal law.
(1)
The tribe defines by resolution what constitutes “highly fractionated undivided heirship lands”;