25 Cfr 161

Bureau of Indian Affairs, Interior

§ 161.1

Subpart E—Reissuance of Grazing Permits
161.400 What are the criteria for reissuing
grazing permits?
161.401 Will new permits be granted after
the initial reissuance of permits?
161.402 What are the procedures for reissuing permits?
161.403 How are grazing permits allocated
within each range unit?

Subpart F—Modifying A Permit
161.500 May permits be transferred, assigned
or modified?
161.501 When will a permit modification be
effective?
161.502 Will a special land use require permit modification?

Subpart G—Permit Violations
161.600 What permit violations are addressed by this subpart?
161.601 How will BIA monitor permit compliance?
161.602 Will my permit be canceled for nonuse?
161.603 Can mediation be used in the event
of a permit violation or dispute?
161.604 What happens if a permit violation
occurs?
161.605 What will a written notice of a permit violation contain?
161.606 What will BIA do if the permitee
doesn’t cure a violation on time?
161.607 What appeal bond provisions apply
to permit cancellation decisions?
161.608 When will a permit cancellation be
effective?
161.609 Can BIA take emergency action if
the rangeland is threatened?
161.610 What will BIA do if livestock is not
removed when a permit expires or is cancelled?

Subpart H—Trespass
161.700
161.701
161.702

What is trespass?
What is BIA’s trespass policy?
Who will enforce this subpart?
NOTIFICATION

161.703 How are trespassers notified of a
trespass determination?
161.704 What can a permittee do if they receive a trespass notice?
161.705 How long will a written trespass notice remain in effect?

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ACTIONS
161.706 What actions does BIA take against
trespassers?
161.707 When will BIA impound unauthorized livestock or other property?
161.708 How are trespassers notified of impoundments?

161.709 What happens after unauthorized
livestock or other property are impounded?
161.710 How can impounded livestock or
other property be redeemed?
161.711 How will BIA sell impounded livestock or other property?
PENALTIES, DAMAGES, AND COSTS
161.712 What are the penalties, damages,
and costs payable by trespassers?
161.713 How will BIA determine the amount
of damages to Navajo Partitioned Lands?
161.714 How will BIA determine the costs associated with enforcement of the trespass?
161.715 What will BIA do if a trespasser fails
to pay penalties, damages and costs?
161.716 How are the proceeds from trespass
distributed?
161.717 What happens if BIA does not collect
enough money to satisfy the penalty?

Subpart I—Concurrence/Appeals/
Amendments
161.800 How does the Navajo Nation provide
concurrence to BIA?
161.801 May decisions under this part be appealed?
161.802 How will the Navajo Nation recommend amendments to this part?
AUTHORITY: 25 U.S.C. 2; 5 U.S.C. 301; 25
U.S.C. 640d et seq.
SOURCE: 70 FR 58888, Oct. 7, 2005, unless
otherwise noted.

Subpart A—Definitions, Authority,
Purpose, and Scope
§ 161.1 What definitions do I need to
know?
Agricultural Act means the American
Indians Agricultural Resource Management Act (AIARMA) of December 3,
1993 (107 Stat. 2011, 25 U.S.C. 3701 et
seq.), and amended on November 2, 1994
(108 Stat. 4572).
Agricultural resource management plan
means a 10-year plan developed
through the public review process
specifying the tribal management
goals and objectives developed for tribal agricultural and grazing resources.
Plans developed and approved under
AIARMA will govern the management
and administration of Indian agricultural resources and Indian agricultural
lands by BIA and Indian tribal governments.

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§ 161.1

25 CFR Ch. I (4–1–09 Edition)

Allocation means the number of animal units authorized in each grazing
permit.
Animal Unit (AU) means one adult
cow and her 6-month-old calf or the
equivalent thereof based on comparable forage consumption. Thus as
defined in the following:
(1) One adult sheep or goat is equivalent to one-fifth (0.20) of an AU;
(2) One adult horse, mule, or burro is
equivalent to one and one quarter (1.25)
AU; or
(3) One adult llama is equivalent to
three-fifths (0.60) of an AU.
Appeal means a written request for
review of an action or the inaction of
an official of the Bureau of Indian Affairs that is claimed to adversely affect
the interested party making the request.
Appeal Bond means a bond posted
upon filing of an appeal that provides a
security or guaranty if an appeal creates a delay in implementing our decision that could cause a significant and
measurable financial loss to another
party.
BIA means the Bureau of Indian Affairs within the Department of the Interior.
Bond means security for the performance of certain permit obligations, as
furnished by the permittee, or a guaranty of such performance as furnished
by a third-party surety.
Business day means Monday through
Friday, excluding federally or tribally
recognized holidays.
Carrying capacity means the number
of livestock and/or wildlife, which may
be sustained on a management unit
compatible with management objectives for the unit.
Concurrence means the written agreement of the Navajo Nation with a policy, action, decision or finding submitted for consideration by BIA.
Conservation practice refers to any
management measure taken to maintain or improve the condition, productivity, sustainability, or usability of
targeted resources.
Customary Use Area refers to an area
to which an individual traditionally
confined his or her traditional grazing
use and occupancy and/or an area traditionally inhabited by his or her ancestors.

Day means a calendar day, unless
otherwise specified.
Enumeration means the list of persons
living on and identified improvements
located within the Former Joint Use
Area obtained through interviews conducted by BIA in 1974 and 1975.
Former Joint Use Area means the area
that was divided between the Navajo
Nation and the Hopi Tribe by the Judgment of Partition issued April 18, 1979,
by the United States District Court for
the District of Arizona. This area was
established by the United States District Court for the District of Arizona
in Healing v. Jones, 210 F. Supp. 125
(1962), aff’d. 373 U.S. 758 (1963) and is located:
(1) Inside the Executive Order area
(Executive Order of December 16, 1882);
and
(2) Outside Land Management District 6.
Grazing Committee means the District
Grazing Committee established by the
Navajo Nation Council, that is responsible for enforcing and implementing
tribal grazing regulations on the Navajo Partitioned Lands.
Grazing Permit means a revocable
privilege granted in writing and limited to entering on and utilizing forage
by domestic livestock on a specified
range unit. The term as used herein
shall include authorizations issued to
enable the crossing or trailing of domestic livestock within an assigned
range unit.
Historical Land Use see Customary
Use Area.
Improvement means any structure or
excavation to facilitate management of
the range for livestock, such as:
Fences, cattle guards, spring developments, windmills, stock ponds, and corrals.
Livestock means horses, cattle, sheep,
goats, mules, burros, donkeys, and llamas.
Management Unit is a subdivision of a
geographic area where unique resource
conditions, goals, concerns, or opportunities require specific and separate
management planning.
Navajo Nation means all offices/entities/programs under the direct jurisdiction of the Navajo Nation Government.
Navajo Partitioned Lands (NPL) means
that portion of the Former Joint Use

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Bureau of Indian Affairs, Interior

§ 161.2

Area awarded to the Navajo Nation
under the Judgment of Partition issued
April 18, 1979, by the United States District Court for the District of Arizona,
and now a separate administrative entity within the Navajo Indian Reservation.
Non-Concurrence means the official
written denial of approval by the Navajo Nation of a policy, action, decision,
or finding submitted for consideration
by BIA.
Range management plan is a statement of management objectives for
grazing, farming, or other agriculture
management including contract stipulations defining required uses, operations, and improvements.
Range Unit means a tract of land designated as a separate management subdivision for the administration of grazing.
Resident means a person who lives on
the Navajo Partitioned Lands.
Resources Committee means the oversight committee for the Division of
Natural Resources within the Navajo
Nation Government. The Resources
Committee of the Navajo Nation Council to whom authority is delegated to
exercise the powers of the Navajo Nation with regards to the range development and grazing management of the
Navajo Partitioned Lands.
Secretary means the Secretary of the
Interior or his or her designated representative.
Settlement Act means the Navajo Hopi
Settlement Act of December 22, 1974 (88
Stat. 1712, 25 U.S.C. 64d et seq., as
amended).
Sheep Unit means an adult ewe with
un-weaned lamb. It is also the basic
unit in which forage allocations are expressed.
Special land use means all land usage
for purposes other than for grazing
withdrawn in accordance with Navajo
Nation laws, Federal laws, and BIA
policies and procedures, such as but
not limited to: Housing permits, farm
leases, governmental facilities, rightsof-way, schools, parks, business leases,
etc.
Stocking rate means the maximum
number of sheep units, or animal units
authorized to graze on a particular pasture, management unit, or range unit
during a specified period of time.

Trespass means any unauthorized occupancy, grazing, use of, or action on
the Navajo Partitioned Lands.
§ 161.2 What are the Secretary’s authorities under this part?
(a) Under Section 640d–9(e) of the Settlement Act, lands partitioned under
the Settlement Act are subject to the
jurisdiction of the tribe to whom partitioned. The laws of the tribe apply to
the partitioned lands as in paragraphs
(a)(1) and (a)(2) of this section.
(1) Effective October 6, 1980:
(i) All conservation practices on the
Navajo Partitioned Lands, including
control and range restoration activities, must be coordinated and executed
with the concurrence of the Navajo Nation; and
(ii) All grazing and range restoration
matters on the Navajo Reservation
lands must be administered by BIA,
under applicable laws and regulations.
(2) Effective April 18, 1981, the Navajo
Nation has jurisdiction and authority
over any lands partitioned to it and
over all persons on these lands. This jurisdiction and authority apply:
(i) To the same extent as is applicable to those other portions of the Navajo reservation; and
(ii) Notwithstanding any provision of
law to the contrary, except where there
is a conflict with the laws and regulations referred to in paragraph (a) of
this section.
(b) Under the Agricultural Act, the
Secretary is authorized to:
(1) Carry out the trust responsibility
of the United States and promote Indian tribal self-determination by providing for management of Indian agricultural lands and renewable resources
consistent with tribal goals and priorities for conservation, multiple use,
and sustained yield;
(2) Take part in managing Indian agricultural lands, with the participation
of the land’s beneficial owners, in a
manner consistent with the Secretary’s
trust responsibility and with the objectives of the beneficial owners;
(3) Provide for the development and
management of Indian agricultural
lands; and
(4) Improve the expertise and technical abilities of Indian tribes and their
members by increasing the educational

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§ 161.3

25 CFR Ch. I (4–1–09 Edition)

and training opportunities available to
Indian people and communities in the
practical, technical, and professional
aspects of agricultural and land management.

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§ 161.3 What is the purpose of this
part?
The purpose of this part is to describe the goals and objectives of grazing management on the Navajo Partitioned Lands:
(a) To respect and recognize the importance that livestock and land have
in sustaining Navajo tradition and culture.
(b) Provide resources to rehabilitate
range resources in the preservation of
forage, soil, and water on the Navajo
Partitioned Lands;
(c) Monitor the recovery of those resources where they have deteriorated;
(d) Protect, conserve, utilize, and
maintain the highest productive potential on the Navajo Partitioned Lands
through the application of sound conservation practices and techniques.
These practices and techniques will be
applied to planning, development,
inventorying, classification, and management of agricultural resources;
(e) Increase production and expand
the diversity and availability of agricultural products for subsistence, income, and employment of Indians,
through the development of agricultural resources on the Navajo Partitioned Lands;
(f) Manage agricultural resources
consistent with integrated resource
management plans in order to protect
and maintain other values such as
wildlife, fisheries, cultural resources,
recreation and to regulate water runoff
and minimize soil erosion;
(g) Enable the Navajo Nation to
maximize the potential benefits available to its members from their lands by
providing technical assistance, training, and education in conservation
practices, management and economics
of agribusiness, sources and use of
credit and marketing of agricultural
products, and other applicable subject
areas;
(h) Develop the Navajo Partitioned
Lands to promote self-sustaining communities; and

(i) Assist the Navajo Nation with permitting the Navajo Partitioned Lands,
consistent with prudent management
and conservation practices, and community goals as expressed in the tribal
management plans and appropriate
tribal ordinances.
§ 161.4 To what lands does this part
apply?
The grazing regulations in this part
apply to the Navajo Partitioned Lands
within the boundaries of the Navajo Indian Reservation held in trust by the
United States for the Navajo Nation.
Contiguous areas outside of the Navajo
Partitioned Lands may be included
under this part for management purposes by BIA in consultation with the
affected permittees and other affected
land users, and with the concurrence of
the Resources Committee. Other affected land users include those holding
approved assignments, permits, leases,
and rights of way for activities such as:
home sites, farm plots, roads, utilities,
businesses, and schools.
§ 161.5 Can BIA waive the application
of this part?
Yes. If a provision of this part conflicts with the objectives of the agricultural resource management plan
provided for in § 161.200, or with a tribal
law, BIA may waive the application of
this part unless the waiver would either:
(a) Constitute a violation of a federal
statute or judicial decision; or
(b) Conflict with BIA’s general trust
responsibility under federal law.
§ 161.6 Are there any other restrictions
on information given to BIA?
Information that the BIA collects in
connection with permits for NPL in
sections 161.102, 161.206, 161.301, 161.302,
161.304, 161.402, 161.500, 161.502, 161.604,
161.606, 161.703, 161.704, 161.708, 161.717,
161.800, 161.801, and 161.802 have been reviewed and approved by the Office of
Management and Budget. The OMB
Control Number assigned is 1076–0162.
Please note that a federal agency may
not conduct or sponsor, and you are
not required to respond to, a collection
of information unless it displays a currently valid OMB control number.

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Bureau of Indian Affairs, Interior

§ 161.200

Subpart B—Tribal Policies and
Laws Pertaining to Permits
§ 161.100 Do tribal laws apply to grazing permits?
Navajo Nation laws generally apply
to land under the jurisdiction of the
Navajo Nation, except to the extent
that those Navajo Nation laws are inconsistent with this part or other applicable federal law. This part may be
superseded or modified by Navajo Nation laws with Secretarial approval,
however, so long as:
(a) The Navajo Nation laws are consistent with the enacting Navajo Nation’s governing documents;
(b) The Navajo Nation has notified
BIA of the superseding or modifying effect of the Navajo Nation laws;
(c) The superseding or modifying of
the regulation would not violate a federal statute or judicial decision, or
conflict with the Secretary’s general
trust responsibility under federal law;
and
(d) The superseding or modifying of
the regulation applies only to Navajo
Partitioned Lands.

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§ 161.101 How will tribal laws be enforced on the Navajo Partitioned
Lands?
(a) Unless prohibited by federal law,
BIA will recognize and comply with
tribal laws regulating activities on the
Navajo Partitioned Lands, including
tribal laws relating to land use, environmental protection, and historic or
cultural preservation.
(b) While the Navajo Nation is primarily responsible for enforcing tribal
laws pertaining to the Navajo Partitioned Lands, BIA will:
(1) Assist in the enforcement of Navajo Nation laws;
(2) Provide notice of Navajo Nation
laws to persons or entities undertaking
activities on the Navajo Partitioned
Lands; and
(3) Require appropriate federal officials to appear in tribal forums when
requested by the tribe, so long as the
appearance would not:
(i) Be inconsistent with the restrictions on employee testimony set forth
at 43 CFR part 2, subpart E;

(ii) Constitute a waiver of the sovereign immunity of the United States;
or
(iii) Authorize or result in a review of
(BIA) actions by the tribal court.
(c) Where the provisions in this subpart are inconsistent with a Navajo Nation law, but the provisions cannot be
superseded or modified by the Navajo
Nation laws under § 161.5, BIA may
waive the provisions under part 1 of 25
CFR, so long as the new waiver does
not violate a federal statute or judicial
decision or conflict with the Secretary’s trust responsibility under federal law.
§ 161.102 What notifications are required that tribal laws apply to
grazing permits on the Navajo Partitioned Lands?
(a) The Navajo Nation must provide
BIA with an official copy of any tribal
law or tribal policy that relates to this
part. The Navajo Nation must notify
BIA of the content and effective dates
of tribal laws.
(b) BIA will then notify affected permittees of the effect of the Navajo Nation law on their grazing permits. BIA
will:
(1) Provide individual written notice;
or
(2) Post public notice. This notice
will be posted at the tribal community
building, U.S. Post Office, announced
on local radio station, and/or published
in the local newspaper nearest to the
permitted Navajo Partitioned Lands
where activities are occurring.

Subpart C—General Provisions
§ 161.200 Is an Indian agricultural resource management plan required?
(a) Yes, Navajo Partitioned Lands
must be managed in accordance with
the goals and objectives in the agricultural resource management plan developed by the Navajo Nation, or by BIA
in close consultation with the Navajo
Nation, under the Agricultural Act.
(b) The 10-year agricultural resource
management and monitoring plan must
be developed through public meetings
and completed within 3 years of the
initiation of the planning activity. The

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§ 161.201

25 CFR Ch. I (4–1–09 Edition)

plan must be based on the public meeting records and existing survey documents, reports, and other research
from Federal agencies, tribal community colleges, and land grant universities. When completed, the plan must:
(1) Determine available agricultural
resources;
(2) Identify specific tribal agricultural resource goals and objectives;
(3) Establish management objectives
for the resources;
(4) Define critical values of the tribe
and its members and provide identified
resource management objectives; and
(5) Identify actions to be taken to
reach established objectives.
(c) Where the provisions in this subpart are inconsistent with the Navajo
Nation’s agricultural resource management plan, the Secretary may waive
the provisions under part 1 of this title,
so long as the waiver does not violate
a federal statute or judicial decision or
conflict with the Secretary’s trust responsibility under federal law.

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§ 161.201 Is environmental compliance
required?
Actions taken by BIA under this part
must comply with the National Environmental Policy Act of 1969, 42 U.S.C.
4321 et seq., applicable provisions of the
Council on Environmental Quality, 40
CFR part 1500, and applicable tribal
laws and provisions of the Navajo Nation Environmental Policy Act CAP–
47–95, where the tribal laws and provisions do not violate a federal or judicial decision or conflict with the Secretary’s trust responsibility under federal law.
§ 161.202 How are range units established?
(a) BIA, with the concurrence of the
Navajo Nation, will establish range
units on the Navajo Partitioned Lands
to provide unified areas for which
range management plans can be developed to improve and maintain soil and
forage resources. Physical land features, watersheds, drainage patterns,
vegetation, soil, resident concentration, problem areas, historical land use
patterns, chapter boundaries, special
land uses and comprehensive land use
planning will be considered in the determination of range unit boundaries.

(b) BIA may modify range unit
boundaries with the concurrence of the
Navajo Nation. This may include small
and/or isolated portions of Navajo Partitioned Lands contiguous to Navajo
tribal lands in order to develop more
efficient land management.
§ 161.203 Are range management plans
required?
Yes. BIA will:
(a) Consult with the Navajo Nation in
planning conservation practices, including grazing control and range restoration activities for the Navajo Partitioned Lands.
(b) Develop range management plans
with the concurrence of the Navajo Nation.
(c) Approve the range management
plans, after concurrence with the Navajo Nation, and the implementation of
the plan may begin immediately. The
plan will address, but is not limited to,
the following issues:
(1) Goals for improving vegetative
productivity and diversity;
(2) Stocking rates;
(3) Grazing schedules;
(4) Wildlife management;
(5) Needs assessment for range and
livestock improvements;
(6) Schedule for operation and maintenance of existing range improvements and development for cooperative
funded projects;
(7) Cooperation in the implementation of range studies;
(8) Control of livestock diseases and
parasites;
(9) Fencing or other structures necessary to implement any of the other
provisions in the range management
plan;
(10) Special land uses; and
(11) Water development and management.
§ 161.204 How are carrying capacities
and stocking rates established?
(a) BIA, with the concurrence of the
Navajo Nation, will prescribe, review
and adjust the carrying capacity of
each range unit by determining the
number of livestock, and/or wildlife,
that can be grazed on the Navajo Partitioned Lands without inducing damage
to vegetation or related resources on

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Bureau of Indian Affairs, Interior

§ 161.301

each range unit and the season or seasons of use to achieve the objectives of
the agricultural resource management
plan and range unit management plan.
(b) BIA, with the concurrence of the
Navajo Nation, will establish the
stocking rate of each range or management unit. The stocking rate will be
based on forage production, range utilization, the application of land management practices, and range improvements in place to achieve uniformity of
grazing under sustained yield management principles on each range or management unit.
(c) BIA will review the carrying capacity of the grazing units on a continuing basis and, in consultation with
the Grazing Committee and affected
permittees, adjust the stocking rate for
each range or management unit as conditions warrant.
(d) Any adjustments in stocking
rates will be applied equally to each
permittee within the management unit
requiring adjustment.
§ 161.205 How are range improvements
treated?
(a) Improvements placed on the Navajo Partitioned Lands will be considered affixed to the land unless specifically exempted in the permit. No improvement may be constructed or removed from Navajo Partitioned Lands
without the written consent of BIA and
the Navajo Nation.
(b) Before undertaking an improvement, BIA, Navajo Nation and permittee will negotiate who will complete and maintain improvements. The
improvement agreement will be reflected in the permit.

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§ 161.206 What must a permittee do to
protect livestock from exposure to
disease?
In accordance with applicable law,
permittees must:
(a) Vaccinate livestock;
(b) Treat all livestock exposed to or
infected with contagious or infectious
diseases; and
(c) Restrict the movement of exposed
or infected livestock.

§ 161.207 What livestock are authorized to graze?
The following livestock are authorized to graze on the Navajo Partitioned
Lands: horses, cattle, sheep, goats,
mules, burros, donkeys, and llamas.

Subpart D—Permit Requirements
§ 161.300 When is a permit needed to
authorize grazing use?
Unless otherwise provided for in this
part, any person or legal entity, including an independent legal entity owned
and operated by the Navajo Nation,
must obtain a permit under this part
before using Navajo Partitioned Land
for grazing purposes.
§ 161.301 What will a grazing permit
contain?
(a) All grazing permits will contain
the following provisions:
(1) Name of permit holder;
(2) Range management plan requirements;
(3) Applicable stocking rate;
(4) Range unit number and description of the permitted area;
(5) Animal identification requirements (i.e., brand, microchip, freeze
brand, earmark, tattoo, etc.);
(6) Term of permit (including beginning and ending dates of the term allowed, as well as an option to renew, or
extend);
(7) A provision stating that the permittee agrees that he or she will not
use, cause, or allow to be used any part
of the permitted area for any unlawful
conduct or purpose;
(8) A provision stating that the permit authorizes no other privilege than
grazing use;
(9) A provision stating that no person
is allowed to hold a grazing permit in
more than one range unit of the Navajo
Partitioned Lands, unless the customary use area extends beyond the
range unit boundary;
(10) A provision reserving a right of
entry by BIA and the Navajo Nation for
range survey, inventory and inspection
or compliance purposes;
(11) A provision prohibiting the creation of a nuisance, any illegal activity, and negligent use or waste of resources;

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§ 161.302

25 CFR Ch. I (4–1–09 Edition)

(12) A provision stating how trespass
proceeds are to be distributed;
(13) A provision stating whether mediation will be used in the event of a
permit violation; and
(14) A provision stating that the permit cannot be subdivided once it has
been issued.
(b) Grazing permits will contain any
other provision that in the discretion
of BIA with the concurrence of the
Navajo Nation is necessary to protect
the land and/or resources.
(c) Grazing permits containing any
special land use authorized under
§ 161.503 of this part must be included
on the permit.
§ 161.302 What restrictions are placed
on grazing permits?
Only a grazing permit issued under
this part authorizes the grazing of livestock within the Navajo Partitioned
Lands. Grazing permits are subject to
the following restrictions:
(a) Grazing permits should not be
issued for less than 2 animal units (10
sheep units) or exceed 70 animal units
(350 sheep units). However, all grazing
permits issued before the adoption of
this regulation will be honored and reissued with an adjusted stocking rate if
the permittee meets the eligibility and
priority criteria found in § 161.400 of
this part, and only if the carrying capacity and stocking rate as determined
under §§ 161.204 and 161.403 allows.
(b) A grazing permit will be issued in
the name of one individual.
(c) Only two horses will be permitted
on a grazing permit.
(d) Grazing permits may contain additional conditions authorized by Federal law or Navajo Nation law.
(e) A state/tribal brand only identifies the owner of the livestock, but
does not authorize the grazing of any
livestock within the Navajo Partitioned Lands.
(f) A permit cannot be subdivided
once it has been issued.

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§ 161.303

How long is a permit valid?

After its initial issuance, each grazing permit is valid for one year beginning on the following January 1. All
permits will be automatically renewed
annually if the permittee is in compli-

ance with all applicable laws including
tallies and permit requirements.
§ 161.304

Must a permit be recorded?

A permit must be recorded by BIA
following approval under this subpart.
§ 161.305 When is a decision by BIA regarding a permit effective?
BIA approval of a permit will be effective immediately upon signature,
notwithstanding any appeal, which
may be filed under part 2 of this title.
Copies of the approved permit will be
provided to the permittee and made
available to the Navajo Nation upon request.
§ 161.306

When are permits effective?

Unless otherwise provided in the permit, a permit will be effective on the
date on which BIA approves the permit.
§ 161.307 When may a permittee commence grazing on Navajo Partitioned Land?
The permittee may graze on Navajo
Partitioned Land on the date specified
in the permit as the beginning date of
the term, but not before BIA approves
the permit.
§ 161.308 Must a permittee comply
with standards of conduct if granted a permit?
Yes. Permittees are expected to:
(a) Conduct grazing operations in accordance with the principles of sustained yield management, agricultural
resource management planning, sound
conservation practices, and other community goals as expressed in Navajo
Nation laws, agricultural resource
management
plans,
and
similar
sources.
(b) Comply with all applicable laws,
ordinances, rules, provisions, and other
legal requirements. Permittee must
also pay all applicable penalties that
may be assessed for non-compliance.
(c) Fulfill all financial permit obligations owed to the Navajo Nation and
the United States.
(d) Conduct only those activities authorized by the permit.

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§ 161.402

Subpart E—Reissuance of Grazing
Permits
§ 161.400 What are the criteria for reissuing grazing permits?
(a) The Navajo Nation may prescribe
eligibility requirements for grazing allocations within 180 days following the
effective date of this part. BIA will prescribe the eligibility requirements
after expiration of the 180-day period if
the Navajo Nation does not prescribe
eligibility requirements, or if satisfactory action is not taken by the Navajo
Nation.
(b) With the written concurrence of
the Navajo Nation, BIA will prescribe
the following eligibility requirements,
where only those applicants who meet
the following criteria are eligible to receive permits to graze livestock:
(1) Those who had grazing permits on
Navajo Partitioned Lands under 25
CFR part 167 (formerly part 152), and
whose permits were canceled on October 14, 1973;
(2) Those who are listed in the 1974
and 1975 Former Joint Use Area enumeration;
(3) Those who are current residents
on Navajo Partitioned Lands; and
(4) Those who have a customary use
area on Navajo Partitioned Lands.
(c) Permits re-issued to applicants
under this section may be granted by
BIA based on the following priority criteria:
(1) The first priority will go to individuals currently the age of 65 or older;
and
(2) The second priority will go to individuals under the age of 65.
(d) Upon the recommendation of the
NPL District Grazing Committee and
Resources Committee, BIA or Navajo
Nation will have authority to waive
one of the eligibility or priority criteria.

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§ 161.401 Will new permits be granted
after the initial reissuance of permits?
(a) Following the initial reissuance
of permits under § 161.400, the Navajo
Nation can grant new permits, subject
to BIA approval, if:
(1) Additional permits become available; and

(2) The carrying capacity and stocking rates as determined under §§ 161.204
and 161.403 allow.
(b) The Navajo Nation must inform
BIA if it grants any permits under
paragraph (a) of this section.
§ 161.402 What are the procedures for
reissuing permits?
BIA, with the concurrence of the
Navajo Nation, will reissue grazing permits only to individuals that meet the
eligibility requirements in § 161.400. Responsibilities for reissuance of grazing
permits are as follows:
(a) BIA will develop a complete list
consisting of all former permittees
whose permits were cancelled and the
number of animal units previously authorized in prior grazing permits. This
list will be provided to the Grazing
Committee and Resources Committee
for their review. BIA will also provide
the Grazing Committee and Resources
Committee with the current carrying
capacity and stocking rate for each
range unit within the Navajo Partitioned Lands, as determined under
§ 161.204.
(b) Within 90 days of receipt, the
Grazing Committee will review the list
developed under § 161.402(a), and make
recommendations to the Resources
Committee for the granting of grazing
permits according to the eligibility and
priority criteria in § 161.400.
(c) If the Grazing Committee fails to
make its recommendation to the Resources Committee within 90 days after
receiving the list of potential permittees, BIA will submit its recommendations to the Resources Committee.
(d) The Resources Committee will review and concur with the list of proposed permit grantees, and then forward a final list to BIA for the
reissuance of grazing permits. If the
Resources Committee does not concur,
the procedures outlined in § 161.800 will
govern.
(e) The final determination list of eligible permittees will be published. Permits will not be issued sooner than 90
days following publication of the final
list.

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§ 161.403

25 CFR Ch. I (4–1–09 Edition)

§ 161.403 How are grazing permits allocated within each range unit?
(a) Initial allocation of the number of
animal units authorized in each grazing permit will be determined by considering the number of animal units
previously authorized in prior grazing
permits and the current authorized
stocking rate on a given range unit.
(b) Grazing permit allocations may
vary from range unit to range unit depending on the stocking rate of each
unit, the range management plan, and
the number of eligible grazing permittees in the unit.

Subpart F—Modifying A Permit
§ 161.500 May permits be transferred,
assigned or modified?
(a) Grazing permits may be transferred, assigned, or modified only as
provided in this section. Permits may
only be transferred or assigned as a
single permit under Navajo Nation procedures and with the approval of BIA.
Permittees must reside within the
same range unit as the original permittee.
(b) Permits may be transferred, assigned, or modified with the written
consent of the permittee, District
Grazing Committee and/or Resources
Committee and approved by BIA.
(c) BIA must record each transfer, assignment, or modification that it approves under a permit.

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§ 161.501 When will a permit modification be effective?
BIA approval of a transfer, assignment, or modification under a permit
will be effective immediately, notwithstanding any appeal, which may be
filed under part 2 of this title. Copies of
approved documents will be provided to
the permittee and made available to
the Navajo Nation upon request.
§ 161.502 Will a special land use require permit modification?
Yes. When the Navajo Nation and
BIA approve a special land use, the
grazing permit will be modified to reflect the change in available forage. If
a special land use is inconsistent with
grazing activities authorized in the
permit, the special land use area will
be withdrawn from the permit, and

grazing cannot take place on that part
of the range unit.

Subpart G—Permit Violations
§ 161.600 What permit violations are
addressed by this subpart?
This subpart addresses violations of
permit provisions other than trespass.
Trespass is addressed under subpart H.
§ 161.601 How will BIA monitor permit
compliance?
Unless the permit provides otherwise,
BIA and/or Navajo Nation may enter
the range unit at any reasonable time,
without prior notice, to protect the interests of the Navajo Nation and ensure that the permittee is in compliance with the operating requirements
of the permit.
§ 161.602 Will my permit be canceled
for non-use?
(a) If a grazing permit is not used by
the permittee for a 2-year period, BIA
may cancel the permit upon the recommendation of the Grazing Committee and with the concurrence of the
Resources Committee under § 161.606(c).
Non-use consists of, but is not limited
to, absence of livestock on the range
unit, and/or abandonment of a permittee’s grazing permit.
(b) Unused grazing permits or portions of grazing permits that are set
aside for range recovery will not be
cancelled for non-use.
§ 161.603 Can mediation be used in the
event of a permit violation or dispute?
A permit may provide for permit disputes or violations to be resolved with
the
District
Grazing
Committee
through mediation.
(a) The District Grazing Committee
will conduct the mediation before the
Navajo Nation’s appropriate hearing
body, before BIA invokes any cancellation remedies.
(b) Conducting the mediation may
substitute for permit cancellation.
However, BIA retains the authority to
cancel the permit under § 161.606.
(c) The Navajo Nation’s appropriate
hearing body decision will be final, unless it is appealed to the Navajo Nation
Supreme Court on a question of law.

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§ 161.607

BIA will defer to any ongoing proceedings, as appropriate, in deciding
whether to exercise any of the remedies available to BIA under § 161.606.
§ 161.604 What happens if a permit violation occurs?
(a) If the Resources Committee notifies BIA that a specific permit violation has occurred, BIA will initiate an
appropriate investigation within 5
business days of that notification.
(b) Unless otherwise provided under
tribal law, when BIA has reason to believe that a permit violation has occurred, BIA or the authorized tribal
representative will provide written notice to the permittee within 5 business
days.
§ 161.605 What will a written notice of
a permit violation contain?

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The written notice of a permit violation will provide the permittee with 10
days from the receipt of the written
notice to:
(a) Cure the permit violation and notify BIA that the violation is cured;
(b) Explain why BIA should not cancel the permit;
(c) Request in writing additional
time to complete corrective actions. If
additional time is granted, BIA may require that certain actions be taken immediately; or
(d) Request mediation under § 161.603.
§ 161.606 What will BIA do if the permittee doesn’t cure a violation on
time?
(a) If the permittee does not cure a
violation within the required time period, or if the violation is not referred
to District Grazing Committee for mediation, BIA will consult with the Navajo Nation, as appropriate, and determine whether:
(1) The permit may be canceled by
BIA under paragraph (c) of this section
and §§ 161.607 through 161.608;
(2) BIA may invoke any other remedies available to BIA under the permit;
(3) The Navajo Nation may invoke
any remedies available to them under
the permit; or
(4) The permittee may be granted additional time in which to cure the violation.

(b) If BIA grants a permittee a time
extension to cure a violation, the permittee must proceed diligently to complete the necessary corrective actions
within a reasonable or specified time
from the date on which the extension is
granted.
(c) If BIA cancels the permit, BIA
will send the permittee and the District Grazing Committee a written notice of cancellation within 5 business
days of the decision. BIA will also provide actual or constructive notice of
the cancellation to the Navajo Nation,
as appropriate. The written notice of
cancellation will:
(1) Explain the grounds for cancellation;
(2) Notify the permittee of the
amount of any unpaid fees and other financial obligations due under the permit;
(3) Notify the permittee of his or her
right to appeal under 25 CFR part 2 of
this title, as modified by § 161.607, including the amount of any appeal bond
that must be posted with an appeal of
the cancellation decision; and
(4) Order the permittee to cease grazing livestock on the next anniversary
date of the grazing permit or 180 days
following the receipt of the written notice of cancellation, whichever is sooner.
§ 161.607 What appeal bond provisions
apply to permit cancellation decisions?
(a) The appeal bond provisions in § 2.5
of part 2 of this title will not apply to
appeals from permit cancellation decision. Instead, when BIA decides to cancel a permit, BIA may require the permittee to post an appeal bond with an
appeal of the cancellation decision.
The requirement to post an appeal
bond will apply in addition to all of the
other requirements in part 2 of this
title.
(b) An appeal bond should be set in
an amount necessary to protect the
Navajo Nation against financial losses
that will likely result from the delay
caused by an appeal. Appeal bond requirements will not be separately appealable, but may be contested during
the appeal of the permit cancellation
decision.

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§ 161.608

25 CFR Ch. I (4–1–09 Edition)

§ 161.608 When will a permit cancellation be effective?
A cancellation decision involving a
permit will not be effective for 30 days
after the permittee receives a written
notice of cancellation from BIA. The
cancellation decision will remain ineffective if the permittee files an appeal
under § 161.607 and part 2 of this title,
unless the decision is made immediately effective under part 2. While a
cancellation decision is ineffective, the
permittee must continue to comply
with the other terms of the permit. If
an appeal is not filed in accordance
with § 161.607 and part 2 of this title,
the cancellation decision will be effective on the 31st day after the permittee
receives the written notice of cancellation from BIA.
§ 161.609 Can BIA take emergency action if the rangeland is threatened?
Yes, if a permittee or any other party
causes or threatens to cause immediate, significant and irreparable harm
to the Navajo Nation land during the
term of a permit, BIA will take appropriate emergency action. Emergency
action may include trespass proceedings under subpart H, or judicial
action seeking immediate cessation of
the activity resulting in or threatening
harm. Reasonable efforts will be made
to notify the Navajo Nation, either before or after the emergency action is
taken.
§ 161.610 What will BIA do if livestock
is not removed when a permit expires or is cancelled?
If the livestock is not removed after
the expiration or cancellation of a permit, BIA will treat the unauthorized
use as a trespass. BIA may remove the
livestock on behalf of the Navajo Nation, and pursue any additional remedies available under applicable law,
including the assessment of civil penalties and costs under subpart H.

Subpart H—Trespass
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§ 161.700

What is trespass?

Under this part, trespass is any unauthorized use of, or action on, Navajo
partitioned grazing lands.

§ 161.701

What is BIA’s trespass policy?

BIA will:
(a) Investigate accidental, willful,
and/or incidental trespass on Navajo
Partitioned Lands;
(b) Respond to alleged trespass in a
prompt, efficient manner;
(c) Assess trespass penalties for the
value of products used or removed, cost
of damage to the Navajo Partitioned
Lands, and enforcement costs incurred
as a consequence of the trespass; and
(d) Ensure, to the extent possible,
that damage to Navajo Partitioned
Lands resulting from trespass is rehabilitated and stabilized at the expense
of the trespasser.
§ 161.702 Who will enforce this subpart?
(a) BIA enforces the provisions of
this subpart. If the Navajo Nation
adopts the provisions of this subpart,
the Navajo Nation will have concurrent
jurisdiction to enforce this subpart.
Additionally, if the Navajo Nation so
requests, BIA will defer to tribal prosecution of trespass on Navajo Partitioned Lands.
(b) Nothing in this subpart will be
construed to diminish the sovereign
authority of the Navajo Nation with
respect to trespass.
NOTIFICATION
§ 161.703 How are trespassers notified
of a trespass determination?
(a) Unless otherwise provided under
tribal law, when BIA has reason to believe that a trespass on Navajo Partitioned Lands has occurred, BIA or the
authorized tribal representative will
provide written notice within 5 business days to:
(1) The alleged trespasser;
(2) The possessor of trespass property; and
(3) Any known lien holder.
(b) The written notice under paragraph (a) of this section will include
the following:
(1) The basis for the trespass determination;
(2) A legal description of where the
trespass occurred;
(3) A verification of ownership of unauthorized property (e.g., brands in the

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§ 161.709

State Brand Book for cases of livestock
trespass, if applicable);
(4) Corrective actions that must be
taken;
(5) Time frames for taking the corrective actions;
(6) Potential consequences and penalties for failure to take corrective action; and
(7) A statement that unauthorized
livestock or other property may not be
removed or disposed of unless authorized by BIA under paragraph (b)(4) of
this section.
(c) If BIA determines that the alleged
trespasser or possessor of trespass
property is unknown or refuses delivery of the written notice, a public trespass notice will be posted at the tribal
community building, U.S. Post Office,
and published in the local newspaper
nearest to the Indian agricultural
lands where the trespass is occurring.
(d) Trespass notices under this subpart are not subject to appeal under
part 2 of this title.
§ 161.704 What can a permittee do if
they receive a trespass notice?
The trespasser will within the time
frame specified in the notice:
(a) Comply with the ordered corrective actions; or
(b) Contact BIA in writing to explain
why the trespass notice is in error. The
trespasser may contact BIA by telephone but any explanation of trespass
must be provided in writing. If BIA determines that a trespass notice was
issued in error, the notice will be withdrawn.
§ 161.705 How long will a written trespass notice remain in effect?
A written trespass notice will remain
in effect for the same action identified
in that written notice for a period of
one year from the date of receipt of the
written notice by the trespasser.

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ACTIONS
§ 161.706 What actions does BIA take
against trespassers?
If the trespasser fails to take the corrective action as specified, BIA may
take one or more of the following actions, as appropriate:
(a) Seize, impound, sell or dispose of
unauthorized livestock or other prop-

erty involved in the trespass. BIA may
keep the property seized for use as evidence.
(b) Assess penalties, damages, and
costs under § 161.712.
§ 161.707 When will BIA impound unauthorized livestock or other property?
BIA will impound unauthorized livestock or other property under the following conditions:
(a) Where there is imminent danger
of severe injury to growing or harvestable crop or destruction of the range
forage.
(b) When the known owner or the
owner’s representative of the unauthorized livestock or other property refuses to accept delivery of a written
notice of trespass and the unauthorized
livestock or other property are not removed within the period prescribed in
the written notice.
(c) Any time after 5 days of providing
notice of impoundment if the trespasser failed to correct the trespass.
§ 161.708 How are trespassers notified
of impoundments?
(a) If the trespass is not corrected in
the time specified in the initial trespass notice, BIA will send written notice of its intent to impound unauthorized livestock or other property to:
(1) The unauthorized livestock or
property owner or representative; and
(2) Any known lien holder of the unauthorized livestock or other property.
(b) If BIA determines that the owner
of the unauthorized livestock or other
property or the owner’s representative
is unknown or refuses delivery of the
written notice, a public notice of intent to impound will be posted at the
tribal community building, U.S. Post
Office, and published in the local newspaper nearest to the Indian agricultural lands where the trespass is occurring.
(c) After BIA has given notice as described in § 161.707, unauthorized livestock or other property will be impounded without any further notice.
§ 161.709 What happens after unauthorized livestock or other property
are impounded?
Following the impoundment of unauthorized livestock or other property,

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§ 161.710

25 CFR Ch. I (4–1–09 Edition)

BIA will provide notice that the impounded property will be sold as follows:
(a) BIA will provide written notice of
the sale to the owner, the owner’s representative, and any known lien holder. The written notice must include the
procedure by which the impounded
property may be redeemed before the
sale.
(b) BIA will provide public notice of
sale of impounded property by posting
at the tribal community building, U.S.
Post Office, and publishing in the local
newspaper nearest to the Indian agricultural lands where the trespass is occurring. The public notice will include
a description of the impounded property, and the date, time, and place of
the public sale. The sale date must be
at least 5 days after the publication
and posting of notice.
§ 161.710 How can
stock or other
deemed?

impounded liveproperty be re-

Impounded livestock or other property may be redeemed by submitting
proof of ownership and paying all penalties, damages, and costs under
§ 161.712 and completing all corrective
actions identified by BIA under
§ 161.704.
§ 161.711 How will BIA sell impounded
livestock or other property?

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(a) Unless the owner or known lien
holder of the impounded livestock or
other property redeems the property
before the time set by the sale, by submitting proof of ownership and settling
all obligations under §§ 161.704 and
161.712, the property will be sold by
public sale to the highest bidder.
(b) If a satisfactory bid is not received, the livestock or property may
be re-offered for sale, returned to the
owner, condemned and destroyed, or
otherwise disposed of.
(c) BIA will give the purchaser a bill
of sale or other written receipt evidencing the sale.

PENALTIES, DAMAGES, AND COSTS
§ 161.712 What are the penalties, damages, and costs payable by trespassers?
Trespassers on Navajo Partitioned
Lands must pay the following penalties
and costs:
(a) Collection of the value of the
products illegally used or removed plus
a penalty of double their values;
(b) Costs associated with any damage
to Navajo Partitioned Lands and/or
property;
(c) The costs associated with enforcement of the provisions, including field
examination and survey, damage appraisal, investigation assistance and
reports, witness expenses, demand letters, court costs, and attorney fees;
(d) Expenses incurred in gathering,
impounding, caring for, and disposal of
livestock in cases which necessitate
impoundment under § 161.707; and
(e) All other penalties authorized by
law.
§ 161.713 How will BIA determine the
amount of damages to Navajo Partitioned Lands?
(a) BIA will determine the damages
by considering the costs of rehabilitation and re-vegetation, loss of future
revenue, loss of profits, loss of productivity, loss of market value, damage to
other resources, and other factors.
(b) BIA will determine the value of
forage or crops consumed or destroyed
based upon the average rate received
per month for comparable property or
grazing privileges, or the estimated
commercial value or replacement costs
of the products or property.
(c) BIA will determine the value of
the products or property illegally used
or removed based upon a valuation of
similar products or property.
§ 161.714 How will BIA determine the
costs associated with enforcement
of the trespass?
Costs of enforcement may include detection and all actions taken by us
through prosecution and collection of
damages. This includes field examination and survey, damage appraisal, investigation assistance and report preparation, witness expenses, demand letters, court costs, attorney fees, and
other costs.

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§ 161.800

§ 161.715 What will BIA do if a trespasser fails to pay penalties, damages and costs?

Subpart I—Concurrence/Appeals/
Amendments

This section applies if a trespasser
fails to pay the assessed penalties,
damages, and costs as directed. Unless
otherwise provided by applicable Navajo Nation law, BIA will:
(a) Refuse to issue the permittee a
permit for any use of Navajo Partitioned Lands; and
(b) Forward the case for appropriate
legal action.

§ 161.800 How does the Navajo Nation
provide concurrence to BIA?

§ 161.716 How are the proceeds from
trespass distributed?
Unless otherwise provided by Navajo
Nation law:
(a) BIA will treat any amounts recovered under § 161.712 as proceeds from
the sale of agricultural property from
the Navajo Partitioned Lands upon
which the trespass occurred.
(b) Proceeds recovered under § 161.712
may be distributed to:
(1) Repair damages of the Navajo
Partitioned Lands and property; or
(2) Reimburse the affected parties,
including the permittee for loss due to
the trespass, as negotiated and provided in the permit.
(c) Reimburse for costs associated
with the enforcement.
(d) If any money is left over after the
distribution of the proceeds described
in paragraph (b) of this section, BIA
will return it to the trespasser or,
where the owner of the impounded
property cannot be identified within
180 days, the net proceeds of the sale
will be deposited into the appropriate
Navajo Nation account or transferred
to the Navajo Nation under applicable
tribal law.

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§ 161.717 What happens if BIA does not
collect enough money to satisfy the
penalty?
BIA will send written notice to the
trespasser demanding immediate settlement and advising the trespasser
that unless settlement is received
within 5 business days from the date of
receipt, BIA will forward the case for
appropriate legal action. BIA may send
a copy of the notice to the Navajo Nation, permittee, and any known lien
holders.

(a) Actions taken by BIA under this
part require concurrence of the Navajo
Nation under section 640d–9(e)(1)(A) of
the Settlement Act.
(b) For any action requiring the concurrence of the Resources Committee,
the following procedures will apply:
(1) Unless a longer time is specified
in a particular section, or unless BIA
grants an extension of time, the Resources Committee will have 45 days to
review and concur with the proposed
action;
(2) If the Resources Committee concurs in writing with all or part of BIA
proposed action, the action or a portion of it may be immediately implemented;
(3) If the Resources Committee does
not concur with all or part of the proposed action within the time prescribed
in paragraph (b)(1) of this section, BIA
will submit to the Resources Committee a written declaration of nonconcurrence. BIA will then notify the
Resources Committee in writing of a
formal hearing to be held not sooner
than 30 days from the date of the nonconcurrence declaration;
(4) The formal hearing on non-concurrence will permit the submission of
written evidence and argument concerning the proposal. BIA will take
minutes of the hearing. Following the
hearing, BIA may amend, alter, or otherwise change the proposed action. If,
following a hearing, BIA alters or
amends portions of the proposed plan
of action, BIA will submit the altered
or amended portions of the plan to the
Resources Committee for its concurrence; and
(5) If the Resources Committee fails
or refuses to give its concurrence to
the proposal, BIA may implement the
proposal only after issuing a written
order, based upon findings of fact, that
the proposed action is necessary to protect the land under the Settlement Act
and the Agricultural Act.

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§ 161.801

25 CFR Ch. I (4–1–09 Edition)

§ 161.801 May decisions
part be appealed?

under

GENERAL PROVISIONS

(a) Appeals of BIA decisions issued
under this part may be taken in accordance with procedures in part 2 of 25
CFR.
(b) All appeals of decisions by the
Grazing Committee and Resources
Committee will be forwarded to the
Navajo Nation’s Office of Hearings and
Appeals.
§ 161.802 How will the Navajo Nation
recommend amendments to this
part?
The Resources Committee will have
final authority on behalf of the Navajo
Nation to approve amendments to the
Navajo Partitioned Lands grazing provisions, upon the recommendation of
the Grazing Committee and the Navajo-Hopi Land Commission, and the
concurrence of BIA.

PART 162—LEASES AND PERMITS
Subpart A—General Provisions

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Subpart B—Agricultural Leases

this

Sec.
162.100 What are the purposes of this part?
162.101 What key terms do I need to know?
162.102 What land, or interests in land, are
subject to these regulations?
162.103 What types of land use agreements
are covered by these regulations?
162.104 When is a lease needed to authorize
possession of Indian Land?
162.105 Can tracts with different Indian
landowners be unitized for leasing purposes?
162.106 What will BIA do if possession is
taken without an approved lease or other
proper authorization?
162.107 What are BIA’s objectives in granting or approving leases?
162.108 What are BIA’s responsibilities in
administering and enforcing leases?
162.109 What laws, other than these regulations, will apply to leases granted or approved under this part?
162.110 Can these regulations be administered by tribes, on the Secretary’s or on
BIA’s behalf?
162.111 Who owns the records associated
with this part?
162.112 How must records associated with
this part be preserved?
162.113 May decisions under this part be appealed?

162.200 What types of leases are covered by
this subpart?
162.201 Must agricultural land be managed
in accordance with a tribe’s agricultural
resource management plan?
162.202 How will tribal laws be enforced on
agricultural land?
162.203 When can the regulations in this
subpart be superseded or modified by
tribal laws and leasing policies?
162.204 Must notice of applicable tribal laws
and leasing policies be provided?
162.205 Can individual Indian landowners exempt their agricultural land from certain
tribal leasing policies?
HOW TO OBTAIN A LEASE
162.206 Can the terms of an agricultural
lease be negotiated with the Indian landowners?
162.207 When can the Indian landowners
grant an agricultural lease?
162.208 Who can represent the Indian landowners in negotiating or granting an agricultural lease?
162.209 When can BIA grant an agricultural
lease on behalf of an Indian landowner?
162.210 When can BIA grant a permit covering agricultural land?
162.211 What type of valuation or evaluation
methods will be applied in estimating
the fair annual rental of Indian land?
162.212 When will the BIA advertise Indian
land for agricultural leases?
162.213 What supporting documents must be
provided prior to BIA’s grant or approval
of an agricultural lease?
162.214 How and when will BIA decide
whether to approve an agricultural
lease?
162.215 When will an agricultural lease be
effective?
162.216 When will a BIA decision to approve
an agricultural lease be effective?
162.217 Must an agricultural lease or permit
be recorded?
LEASE REQUIREMENTS
162.218 Is there a standard agricultural
lease form?
162.219 Are there any provisions that must
be included in an agricultural lease?
162.220 Are there any formal requirements
that must be satisfied in the execution of
an agricultural lease?
162.221 How should the land be described in
an agricultural lease?
162.222 How much rent must be paid under
an agricultural lease?
162.223 Must the rent be adjusted under an
agricultural lease?
162.224 When are rent payments due under
an agricultural lease?

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