Current through September 30, 2024
Section 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) of this section and §§ 166.706 through 166.707 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 of this chapter, as modified by § 166.706 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.