---
kind: "section"
citation: "25 C.F.R. § 166.705"
title: "25"
number: "166.705"
heading: "What will the BIA do if a permit violation is not cured within the required time period?"
url: "https://uscodex.org/cfr/25/166.705"
---

# §166.705. What will the BIA do if a permit violation is not cured within the required time period?

- (a) If the permittee does not cure a violation within the required time period, we will consult with the Indian landowners, as appropriate, and determine whether:
  - (1) The permit should be canceled by us under [paragraph (c)](#c) of this section and [§§ 166.706 through 166.707](/cfr/25/166.706..166.707.md) of this subpart;
  - (2) We should invoke any other remedies available to us under the permit, including collecting on any available bond;
  - (3) The Indian landowners wish to invoke any remedies available to them under the permit; or
  - (4) **The permittee should be granted additional time in which to cure the violation.**
- (b) If we decide to grant a permittee additional time in which to cure a violation, the permittee must proceed diligently to complete the necessary corrective actions within a reasonable or specified time period from the date on which the extension is granted.
- (c) If we decide to cancel the permit, we will send the permittee and its sureties a written notice of cancellation within five business days of that decision. We will also provide actual or constructive notice of a cancellation decision to the Indian landowners, as appropriate. The written notice of cancellation will:
  - (1) Explain the grounds for cancellation;
  - (2) Notify the permittee of the amount of any unpaid rent, interest charges, or late payment penalties due under the permit;
  - (3) Notify the permittee of its right to appeal under [Part 2](/cfr/25/part2.md) of this chapter, as modified by [§ 166.706](/cfr/25/166.706.md) of this subpart, including the amount of any appeal bond that must be posted with an appeal of the cancellation decision; and
  - (4) Order the permittee to vacate the property within 30 days of the date of receipt of the written notice of cancellation, if an appeal is not filed by that time.

## Notes

### Authority

Authority: 5 U.S.C. 301; R.S. 463, 25 U.S.C. 2; R.S. 465, 25 U.S.C. 9; Sec. 6, 96 Stat. 986, 25 U.S.C. 466. Interpret or apply R.S. 2078, 25 U.S.C. 68; R.S. 2117, 25 U.S.C. 179; Sec. 3, 26 Stat. 795, 25 U.S.C. 397; Sec. 1, 28 Stat. 305, 25 U.S.C. 402; Sec. 4, 36 Stat. 856, 25 U.S.C. 403; Sec. 1, 39 Stat. 128, 25 U.S.C. 394; Sec. 1, 41 Stat. 1232, 25 U.S.C. 393; Sec. 16, 17, 48 Stat. 987, 988, 25 U.S.C. 476, 477; Sec. 1, 2, 4, 5, 6, 69 Stat. 539, 540, 25 U.S.C. 415, 415a, 415b, 415c, 415d, 25 U.S.C. 3701, 3702, 3703, 3711, 3712, 3713, 3714, 3731, 3732, 3733, 3734, 3741, 3742, 3743, 3744, 3745, 107 Stat. 2011; 44 U.S.C. § 3101, et seq. )

### Source

Source: 66 FR 7126, Jan. 22, 2001, unless otherwise noted.