(a) We may grant a permit on behalf of:
(1) An individual who is adjudicated to be non compos mentis by a court of competent jurisdiction;
(2) An orphaned minor;
(3) An Indian landowner who has granted us written authority to permit his or her land;
(4) The undetermined heirs and devisees of a deceased Indian landowner;
(5) An Indian landowner whose whereabouts are unknown to us after a reasonable attempt is made to locate the Indian landowner;
(6) Indian landowners, where:
(i) We have provided written notice of our intent to grant a permit on their behalf, but the Indian landowners are unable to agree upon a permit during a three-month negotiation period immediately following such notice, or any other notice period established by a tribe under § 166.100(c)(2) of this part; and
(ii) The land is not being used by an individual Indian landowner under § 166.200 of this part.
(7) The individual Indian owners of fractionated Indian land, when necessary to protect the interests of the individual Indian landowners.