§ 166.11 - Competitive and negotiated sale of grazing privileges.

(a) Grazing privileges not exempt from permit under § 166.8 and not reserved for allocation under § 166.10 shall be advertised for competitive public sale by the Superintendent except as otherwise provided in paragraph (b) of this section. Advertisements shall be:

(1) Approved by the Area Director prior to publication;

(2) Shall be for a 30-day period unless otherwise authorized by the Area Director;

(3) Shall call for sealed bids;

(4) May provide for oral auction subsequent to sealed bid opening at the discretion of the governing body; and

(5) Shall limit the privilege of meeting high sealed bids of non-Indians to adult tribal members, Indian corporations, and Indian associations, according to preferences determined by the governing body and concurred in writing by the Area Director.

(b) The Area Director may authorize the issuance of grazing permits by negotiation when in his discretion no useful purpose would be served by advertisement. Negotiated permits shall be limited to the grazing capacity established pursuant to § 166.6.