25 Cfr 166

Bureau of Indian Affairs, Interior

Pt. 166
OBTAINING A PERMIT

PART 166—GRAZING PERMITS
Subpart A—Purpose, Scope, and
Definitions
Sec.
166.1 What is the purpose and scope of this
part?
166.2 Can the BIA waive the application of
these regulations?
166.3 May decisions under this part be appealed?
166.4 What terms do I need to know?

Subpart B—Tribal Policies and Laws
Pertaining to Permits

166.215 How can I find Indian land available
for grazing?
166.216 Who is responsible for permitting Indian land?
166.217 In what manner may a permit on Indian land be granted?
166.218 How do I acquire a permit through
tribal allocation?
166.219 How do I acquire a permit through
negotiation?
166.220 What are the basic steps for acquiring a permit through negotiation?
166.221 How do I acquire an advertised permit through competitive bidding?
166.222 Are there standard permit forms?
PERMIT (LEASEHOLD) MORTGAGE

166.100 What special tribal policies will we
apply to permitting on Indian agricultural lands?
166.101 May individual Indian landowners
exempt their land from certain tribal
policies for permitting on Indian agricultural lands?
166.102 Do tribal laws apply to permits?
166.103 How will tribal laws be enforced on
Indian agricultural land?
166.104 What notifications are required that
tribal laws apply to permits on Indian
agricultural lands?

Subpart C—Permit Requirements

lpowell on DSK54DXVN1OFR with $$_JOB

GENERAL REQUIREMENTS
166.200 When is a permit needed to authorize possession of Indian land for grazing
purposes?
166.201 Must parents or guardians of Indian
minors who own Indian land obtain a
permit before using land for grazing purposes?
166.202 May an emancipated minor grant a
permit?
166.203 When can the Indian landowners
grant a permit?
166.204 Who may represent an individual Indian landowner in granting a permit?
166.205 When can the BIA grant a permit on
behalf of Indian landowners?
166.206 What requirements apply to a permit on a fractionated tract?
166.207 What provisions will be contained in
a permit?
166.208 How long is a permit term?
166.209 Must a permit be recorded?
166.210 When is a decision by the BIA regarding a permit effective?
166.211 When are permits effective?
166.212 When may a permittee take possession of permitted Indian land?
166.213 Must I comply with any standards of
conduct if I am granted a permit?
166.214 Will the BIA notify the permittee of
any change in land title status?

166.223 Can I use a permit as collateral for a
loan?
166.224 What factors does the BIA consider
when reviewing a leasehold mortgage?
166.225 May a permittee voluntarily assign
a leasehold interest under an approved
encumbrance?
166.226 May the holder of a leasehold mortgage assign the leasehold interest after a
sale or foreclosure of an approved encumbrance?
MODIFYING A PERMIT
166.227 How can Indian land be removed
from an existing permit?
166.228 How will the BIA provide notice if
Indian land is removed from an existing
permit?
166.229 Other than to remove land, how can
a permit be amended, assigned, subpermitted, or mortgaged?
166.230 When will a BIA decision to approve
an amendment, assignment, subpermit,
or mortgage under a permit be effective?
166.231 Must an amendment, assignment,
subpermit, or mortgage approved under a
permit be recorded?

Subpart D—Land and Operations
Management
166.300 How is Indian agricultural land managed?
166.301 How is Indian land for grazing purposes described?
166.302 How is a range unit created?
166.303 Can more than one parcel of Indian
land be combined into one permit?
166.304 Can there be more than one permit
for each range unit?
166.305 When is grazing capacity determined?
166.306 Can the BIA adjust the grazing capacity?
166.307 Will the grazing capacity be increased if I graze adjacent trust or nontrust rangelands not covered by the permit?

569

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00579

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

Pt. 166

25 CFR Ch. I (4–1–15 Edition)

166.308 Can the number of animals and/or
season of use be modified on the permitted land if I graze adjacent trust or
non-trust rangelands under an on-and-off
grazing permit?
166.309 Who determines livestock class and
livestock ownership requirements on permitted Indian land?
166.310 What must a permittee do to protect
livestock from exposure to disease?
MANAGEMENT PLANS AND ENVIRONMENTAL
COMPLIANCE
166.311 Is an Indian agricultural resource
management plan required?
166.312 Is a conservation plan required?
166.313 Is environmental compliance required?
CONSERVATION PRACTICES AND IMPROVEMENTS
166.314 Can a permittee apply a conservation practice on permitted Indian land?
166.315 Who is responsible for the completion and maintenance of a conservation
practice if the permit expires or is canceled before the completion of the conservation practice?
166.316 Can a permittee construct improvements on permitted Indian land?
166.317 What happens to improvements constructed on Indian lands when the permit
has been terminated?

LATE RENTAL PAYMENT COLLECTIONS
166.419 What will the BIA do if grazing rental payments are not made in the time
and manner required by the permit?
166.420 Will any special fees be assessed on
delinquent grazing rental payments due
under a permit?
166.421 If a permit is canceled for non-payment, does that extinguish the permittee’s debt?
COMPENSATION TO INDIAN LANDOWNERS

Subpart E—Grazing Rental Rates,
Payments, and Late Payment Collections
RENTAL RATE DETERMINATION AND
ADJUSTMENT
166.400 Who establishes grazing rental
rates?
166.401 How does the BIA establish grazing
rental rates?
166.402 Why must the BIA determine the
fair annual rental of Indian land?
166.403 Will the BIA ever grant or approve a
permit at less than fair annual rental?
166.404 Whose grazing rental rate will be applicable for a permit on tribal land?
166.405 Whose grazing rental rate will be applicable for a permit on individuallyowned Indian land?
166.406 Whose grazing rental rate will be applicable for a permit on government
land?
166.407 If a range unit consists of tribal and
individually-owned Indian lands, what is
the grazing rental rate?
166.408 Is the grazing rental rate established
by the BIA adjusted periodically?
RENTAL PAYMENTS
lpowell on DSK54DXVN1OFR with $$_JOB

166.411 Will a permittee be notified when a
grazing rental payment is due?
166.412 What if the permittee does not receive an invoice that a grazing rental
payment is due?
166.413 To whom are grazing rental payments made?
166.414 What forms of grazing rental payments are acceptable?
166.415 What will the BIA do if the permittee fails to make a direct payment to
an Indian landowner?
166.416 May a permittee make a grazing
rental payment in advance of the due
date?
166.417 May an individual Indian landowner
modify the terms of the permit on a
fractionated tract for advance grazing
rental payment?
166.418 When is a grazing rental payment
late?

166.409 How is my grazing rental payment
determined?
166.410 When are grazing rental payments
due?

166.422 What does the BIA do with grazing
rental payments received from permittees?
166.423 How do Indian landowners receive
grazing rental payments that the BIA
has received from permittees?
166.424 How will the BIA determine the
grazing rental payment amount to be
distributed to each Indian landowner?

Subpart F—Administrative and Tribal Fees
166.500 Are there administrative fees for a
permit?
166.501 How are annual administrative fees
determined?
166.502 Are administrative fees refundable?
166.503 May the BIA waive administrative
fees?
166.504 Are there any other administrative
or tribal fees, taxes, or assessments that
must be paid?

Subpart G—Bonding and Insurance
Requirements
166.600 Must a permittee provide a bond for
a permit?
166.601 How is the amount of the bond determined?
166.602 What form of bonds will the BIA accept?

570

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00580

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

Bureau of Indian Affairs, Interior

Pt. 166

166.603 If cash is submitted as a bond, how is
it administered?
166.604 Is interest paid on a cash performance bond?
166.605 Are cash performance bonds refunded?
166.606 What happens to a bond if a violation occurs?
166.607 Is insurance required for a permit?
166.608 What types of insurance may be required?

Subpart H—Permit Violations
166.700 What permit violations are addressed by this subpart?
166.701 How will the BIA determine whether
the activities of a permittee under a permit are in compliance with the terms of
the permit?
166.702 Can a permit provide for negotiated
remedies in the event of a permit violation?
166.703 What happens if a permit violation
occurs?
166.704 What will a written notice of a permit violation contain?
166.705 What will the BIA do if a permit violation is not cured within the required
time period?
166.706 Will the BIA’s regulations concerning appeal bonds apply to cancellation decisions involving permits?
166.707 When will a cancellation of a permit
be effective?
166.708 Can the BIA take emergency action
if the rangeland is threatened with immediate, significant, and irreparable
harm?
166.709 What will the BIA do if a permittee
holds over after the expiration or cancellation of a permit?

Subpart I—Trespass
166.800
166.801
166.802

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

166.803 How are trespassers notified of a
trespass determination?
166.804 What can I do if I receive a trespass
notice?
166.805 How long will a written trespass notice remain in effect?

lpowell on DSK54DXVN1OFR with $$_JOB

ACTIONS
166.806 What actions does the BIA take
against trespassers?
166.807 When will we impound unauthorized
livestock or other property?
166.808 How are trespassers notified if their
unauthorized livestock or other property
are to be impounded?

166.809 What happens after my unauthorized
livestock or other property are impounded?
166.810 How do I redeem my impounded livestock or other property?
166.811 How will the sale of impounded livestock or other property be conducted?
PENALTIES, DAMAGES, AND COSTS
166.812 What are the penalties, damages,
and costs payable by trespassers on Indian agricultural land?
166.813 How will the BIA determine the
value of forage or crops consumed or destroyed?
166.814 How will the BIA determine the
value of the products or property illegally used or removed?
166.815 How will the BIA determine the
amount of damages to Indian agricultural land?
166.816 How will the BIA determine the
costs associated with enforcement of the
trespass?
166.817 What happens if I do not pay the assessed penalties, damages and costs?
166.818 How are the proceeds from trespass
distributed?
166.819 What happens if the BIA does not
collect enough money to satisfy the penalty?

Subpart J—Agriculture Education, Education Assistance, Recruitment, and
Training
166.900 How are the Indian agriculture education programs operated?
166.901 How will the BIA select an agriculture intern?
166.902 How can I become an agriculture
educational employment student?
166.903 How can I get an agriculture scholarship?
166.904 What is agriculture education outreach?
166.905 Who can get assistance for postgraduate studies?
166.906 What can happen if we recruit you
after graduation?
166.907 Who can be an intern?
166.908 Who can participate in continuing
education and training?
166.909 What are my obligations to the BIA
after I participate in an agriculture education program?
166.910 What happens if I do not fulfill my
obligation to the BIA?

Subpart K—Records
166.1000 Who owns the records associated
with this part?
166.1001 How must records associated with
this part be preserved?

571

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00581

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

§ 166.1

25 CFR Ch. I (4–1–15 Edition)

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

lpowell on DSK54DXVN1OFR with $$_JOB

Subpart A—Purpose, Scope, and
Definitions

if such action is necessary to preserve
the value of the land or protect the interests of the Indian landowners.
Where a life estate and remainder interest are both owned in trust or restricted status, the life estate and remainder interest must both be permitted under these regulations, unless
the permit is for less than one year in
duration. Unless otherwise provided by
the document creating the life estate
or by agreement, rent payable under
the permit must be paid to the holder
of the life estate under part 179 of this
title.
§ 166.2 Can the BIA waive the application of these regulations?

§ 166.1 What is the purpose and scope
of this part?
(a) The purpose of this part is to describe the authorities, policies, and
procedures the BIA uses to approve,
grant, and administer a permit for
grazing on tribal land, individuallyowned Indian land, or government
land.
(b) If the BIA’s approval is not required for a permit, these regulations
will not apply.
(c) These regulations do not apply to
any tribal land which is permitted
under a corporate charter issued by us
pursuant to 25 U.S.C. § 477, or under a
special act of Congress authorizing permits without our approval under certain conditions, except to the extent
that the authorizing statutes require
us to enforce such permits on behalf of
the Indian landowners.
(d) To the extent that any provisions
of this part conflict with Section 213 of
the Indian Land Consolidation Act
Amendments of 2000, the provisions of
that act will govern.
(e) In approving a permit on behalf of
the Indian landowners, the BIA will
not permit for fee interest owners nor
will we collect rent on behalf of fee interest owners. Our permitting of the
trust and restricted interests of the Indian landowners will not be conditioned on a permit having been obtained from any fee interest owners.
However, where all of the trust or restricted interests in a tract are subject
to a life estate held in fee status, we
will approve a permit of the remainder
interests of the Indian landowners only

Yes. In any case in which these regulations conflict with the objectives of
the agricultural resource management
plan provided for in § 166.311 of this
part, or with a tribal law, the BIA may
waive the application of such regulations unless the waiver would constitute a violation of a federal statute
or judicial decision or would conflict
with the BIA’s general trust responsibility under federal law.
§ 166.3 May decisions under this part
be appealed?
Yes. Except where otherwise provided
in this part, appeals from decisions by
the BIA under this part may be taken
pursuant to 25 CFR part 2.
§ 166.4

What terms do I need to know?

Adult means an individual Indian who
is 18 years of age or older.
Agency means the agency or field office or any other designated office in
the Bureau of Indian Affairs (BIA) having jurisdiction over trust or restricted
property or money.
Agricultural product means:
(1) Crops grown under cultivated conditions whether used for personal consumption, subsistence, or sold for commercial benefit;
(2) Domestic livestock, including cattle, sheep, goats, horses, buffalo, swine,
reindeer, fowl, or other animals specifically raised and used for food or fiber
or as a beast of burden;
(3) Forage, hay, fodder, food grains,
crop residues and other items grown or
harvested for the feeding and care of

572

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00582

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

lpowell on DSK54DXVN1OFR with $$_JOB

Bureau of Indian Affairs, Interior

§ 166.4

livestock, sold for commercial profit,
or used for other purposes; and
(4) Other marketable or traditionally
used materials authorized for removal
from Indian agricultural lands.
Agricultural resource management plan
means a ten-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 the BIA and Indian tribal governments.
AIARMA means American Indian Agricultural Resources Management Act
of December 3, 1993 (107 Stat. 2011, 25
U.S.C. 3701 et seq.), and amended on November 2, 1994 (108 Stat. 4572).
Allocation means the apportionment
of grazing privileges without competition to tribal members or tribal entities, including the tribal designation of
permittees and the number and kind of
livestock to be grazed.
Animal Unit Month (AUM) means the
amount of forage required to sustain
one cow or one cow with one calf for
one month.
Approving/approval means the action
taken by the BIA to approve a permit.
Assign/assignment means an agreement between a permittee and an assignee, whereby the assignee acquires
all of the permittee’s rights, and assumes all of the permittee’s obligations under a permit.
Assignee means the person to whom
the permit rights for use of Indian land
are assigned.
BIA means the Bureau of Indian Affairs within the Department of the Interior and any tribe acting on behalf of
the BIA under this part.
Bond means security for the performance of certain permit obligations, as
furnished by the permitee, or a guaranty of such performance as furnished
by a third-party surety.
Conservation plan means a statement
of management objectives for grazing,
including contract stipulations defining required uses, operations, and improvements.
Conservation practice means a management action to protect, conserve,

utilize, and maintain the sustained
yield productivity of Indian agricultural land.
Day means a calendar day.
Encumbrance means mortgage, deed
of trust or other instrument which secures a debt owed by a permittee to a
lender or other holder of a leasehold
mortgage on the permit interest.
Emancipated minor means a person
under 18 years of age who is married or
who is determined by a court of competent jurisdiction to be legally able to
care for himself or herself.
Fair annual rental means the amount
of rental income that a permitted parcel of Indian land would most probably
command in an open and competitive
market.
Farmland means Indian land, excluding Indian forest land, that is used for
production of food, feed, fiber, forage,
and seed, oil crops, or other agricultural products, and may be either dry
land, irrigated land, or irrigated pasture.
Fee interest means an interest in land
that is owned in unrestricted fee status, and is thus freely alienable by the
fee owner.
Fractionated tract means a tract of Indian land owned in common by Indian
landowners and/or fee owners holding
undivided interests therein.
Government land means any tract, or
interest therein, in which the surface
estate is owned by the United States
and administered by the BIA, not including tribal land which has been reserved for administrative purposes.
Grant/granting means the process of
the BIA or the Indian landowner agreeing or consenting to a permit.
Grazing capacity means the maximum
sustainable number of livestock that
may be grazed on a defined area and
within a defined period, usually expressed in an Animal Unit Month
(AUM).
Grazing rental payment means the
total of the grazing rental rate multiplied by the number of AUMs or acres
in the permit.
Grazing rental rate means the amount
you must pay for an AUM or acre based
on the fair annual rental.
I/You means the person to whom
these regulations directly apply.

573

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00583

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.4

25 CFR Ch. I (4–1–15 Edition)

Immediate family means the spouse,
brothers, sisters, lineal ancestors, lineal descendants, or members of the
household of an individual Indian landowner.
Indian agricultural land means Indian
land, including farmland and rangeland, excluding Indian forest land, that
is used for production of agricultural
products, and Indian lands occupied by
industries that support the agricultural community, regardless of whether a formal inspection and land classification has been conducted.
Indian land means any tract in which
any interest in the surface estate is
owned by a tribe or individual Indian
in trust or restricted status.
Indian landowner means a tribe or individual Indian who owns an interest in
Indian land in trust or restricted status.
Individually-owned Indian land means
any tract, or interest therein, in which
the surface estate is owned by an individual Indian in trust or restricted status.
Interest means, when used with respect to Indian land, an ownership
right to the surface estate of Indian
land that is unlimited or uncertain in
duration, including a life estate.
Life estate means an interest in Indian land which is limited in duration
to the life of the permittor holding the
interest, or the life of some other person.
Majority interest means the ownership
interest(s) that are greater than 50 percent of the trust or restricted ownership interest(s) in a tract of Indian
land.
Minor means an individual who is less
than 18 years of age.
Mortgage means a mortgage, deed of
trust or other instrument which
pledges a permittee’s permit (leasehold) interest as security for a debt or
other obligation owed by the permittee
to a lender or other mortgagee.
Non compos mentis means a person
who has been legally determined by a
court of competent jurisdiction to be of
unsound
mind
or
incapable
of
transacting or conducting business and
managing one’s own affairs.
On-and-off grazing permit means a
written agreement with a permittee for

additional grazing capacity for other
rangeland not covered by the permit.
Permit means a written agreement between Indian landowners and a permittee, whereby the permittee is
granted a revocable privilege to use Indian land or Government land, for a
specified purpose.
Permittee means an a person or entity
who has acquired a legal right of possession to Indian land by a permit for
grazing purposes under this part.
Range unit means rangelands consolidated to form a unit of land for the
management and administration of
grazing under a permit. A range unit
may consist of a combination of tribal,
individually-owned Indian, and/or government land.
Rangeland means Indian land, excluding Indian forest land, on which native
vegetation is predominantly grasses,
grass-like plants, half-shrubs or shrubs
suitable for grazing or browsing use,
and includes lands re-vegetated naturally or artificially to provide a forage
cover that is managed as native vegetation.
Restricted land or restricted status
means land the title to which is held
by an individual Indian or a tribe and
which can only be alienated or encumbered by the owner with the approval
of the Secretary because of limitations
contained in the conveyance instrument pursuant to federal law.
Subpermit means a written agreement, whereby the permittee grants to
an individual or entity a right to possession (i.e., pasturing authorization),
no greater than that held by the permittee under the permit.
Surety means one who guarantees the
performance of another.
Sustained yield means the yield of agricultural products that a unit of land
can produce continuously at a given
level of use.
Trespass means any unauthorized occupancy, use of, or action on Indian
lands.
Tribal land means the surface estate
of land or any interest therein held by
the United States in trust for a tribe,
band, community, group or pueblo of
Indians, and land that is held by a

574

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00584

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

Bureau of Indian Affairs, Interior

§ 166.101

tribe, band, community, group or pueblo of Indians, subject to federal restrictions against alienation or encumbrance, and includes such land reserved
for BIA administrative purposes when
it is not immediately needed for such
purposes. The term also includes lands
held by the United States in trust for
an Indian corporation chartered under
section 17 of the Act of June 18, 1934 (48
Stat. 984; 25 U.S.C. 476).
Tribal law means the body of non-federal law that governs lands and activities under the jurisdiction of a tribe,
including ordinances or other enactments by the tribe, tribal court rulings, and tribal common law.
Trust land means any tract, or interest therein, that the United States
holds in trust status for the benefit of
a tribe or individual Indian.
Undivided interest means a fractional
share in the surface estate of Indian
land, where the surface estate is owned
in common with other Indian landowners or fee owners.
Us/We/Our means the BIA and any
tribe acting on behalf of the BIA under
166.1 of this part.
Uniform Standards of Professional Appraisal Practices (USPAP) means the
standards promulgated by the Appraisal Standards Board of the Appraisal Foundation to establish requirements and procedures for professional real property appraisal practice.
Written notice means a written letter
mailed by way of United States mail,
certified return receipt requested, postage prepaid, or hand-delivered letter.

lpowell on DSK54DXVN1OFR with $$_JOB

Subpart B—Tribal Policies and
Laws Pertaining to Permits
§ 166.100 What special tribal policies
will we apply to permitting on Indian agricultural lands?
(a) When specifically authorized by
an appropriate tribal resolution establishing a general policy for permitting
of Indian agricultural lands, the BIA
will:
(1) Waive the general prohibition
against Indian operator preferences in
permits advertised for bid under
§ 166.221 of this part, by allowing prospective Indian operators to match the
highest responsible bid (unless the tribal law or leasing policy specifies some

other manner in which the preference
must be afforded);
(2) Waive or modify the requirement
that a permittee post a surety or performance bond;
(3) Provide for posting of other collateral or security in lieu of surety or
other bonds; and
(4) Approve permits of tribally-owned
agricultural lands at rates determined
by the tribal governing body.
(b) When specifically authorized by
an appropriate tribal resolution establishing a general policy for permitting
of Indian agricultural lands, and subject to paragraph (c) of this section,
the BIA may:
(1) Waive or modify any general notice requirement of federal law; and
(2) Grant or approve a permit on
‘‘highly
fractionated
undivided
heirship lands’’ as defined by tribal
law.
(c) The BIA may take the action
specified in paragraph (b) of this section only if:
(1) The tribe defines by resolution
what constitutes ‘‘highly fractionated
undivided heirship lands’’;
(2) The tribe adopts an alternative
plan for notifying individual Indian
landowners; and
(3) The BIA’s action is necessary to
prevent waste, reduce idle land acreage
and ensure income.
§ 166.101 May individual Indian landowners exempt their land from certain tribal policies for permitting
on Indian agricultural lands?
(a) The individual Indian landowners
of Indian land may exempt their land
from our application of a tribal policy
referred to under § 166.100 of this part
if:
(1) The Indian landowners have at
least
a
50%
interest
in
such
fractionated tract; and
(2) The Indian landowners submit a
written objection to the BIA of all or
any part of such tribal policies to the
permitting of such parcel of land.
(b) Upon verification of the written
objection we will notify the tribe of the
Indian landowners’ exemption from the
specific tribal policy.
(c) The procedures described in paragraphs (a) and (b) of this section will
also apply to withdrawing an approved
exemption.

575

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00585

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

§ 166.102

25 CFR Ch. I (4–1–15 Edition)

§ 166.102 Do tribal laws apply to permits?
Tribal laws will apply to permits of
Indian land under the jurisdiction of
the tribe enacting such laws, unless
those tribal laws are inconsistent with
applicable federal law.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.103 How will tribal laws be enforced on Indian agricultural land?
(a) Unless prohibited by federal law,
we will recognize and comply with tribal laws regulating activities on Indian
agricultural land, including tribal laws
relating to land use, environmental
protection, and historic or cultural
preservation.
(b) While the tribe is primarily responsible for enforcing tribal laws pertaining to Indian agricultural land, we
will:
(1) Assist in the enforcement of tribal
laws;
(2) Provide notice of tribal laws to
persons or entities undertaking activities on Indian agricultural land, under
§ 166.104(b) of this part; and
(3) Require appropriate federal officials to appear in tribal forums when
requested by the tribe, so long as such
an 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
our actions by a tribal court.
(c) Where the regulations in this subpart are inconsistent with a tribal law,
but such regulations cannot be superseded or modified by the tribal law
under § 166.2 of this part, we may waive
the regulations under part 1 of this
title, so long as the waiver does not
violate a federal statute or judicial decision or conflict with our general
trust responsibility under federal law.
§ 166.104 What notifications are required that tribal laws apply to permits on Indian agricultural lands?
(a) Tribes must notify us of the content and effective dates of new tribal
laws.
(b) We will then notify affected Indian landowners and any persons or entities undertaking activities on Indian

agricultural lands of the superseding or
modifying effect of the tribal law. We
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, and/or published in the local newspaper nearest to
the Indian lands where activities are
occurring.

Subpart C—Permit Requirements
GENERAL REQUIREMENTS
§ 166.200 When is a permit needed to
authorize possession of Indian land
for grazing purposes?
(a) Unless otherwise provided for in
this part, any person or legal entity,
including an independent legal entity
owned and operated by a tribe, must
obtain a permit under these regulations before taking possession of Indian
land for grazing purposes.
(b) An Indian landowner who owns
100% of the trust or restricted interests
in a tract may take possession of that
Indian land without a permit or any
other prior authorization from us.
(c) If an Indian landowner does not
own 100 percent (%) of his or her Indian
land and wants to use the Indian land
for grazing purposes, a permit must be
granted by the majority interest of the
fractionated tract.
§ 166.201 Must parents or guardians of
Indian minors who own Indian land
obtain a permit before using land
for grazing purposes?
Parents or guardians need not obtain
a permit for Indian lands owned by
their minor Indian children if:
(a) Those minor children own 100 percent (%) of the land; and
(b) The minor children directly benefit from the use of the land. We may
require the user to provide evidence of
the direct benefits to the minor children. When one of the minor children
becomes an adult, the permit will have
to be obtained from the majority interest.
§ 166.202 May an emancipated minor
grant a permit?
Yes. An emancipated minor may
grant a permit.

576

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00586

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

Bureau of Indian Affairs, Interior

§ 166.206

§ 166.203 When can the Indian landowners grant a permit?
(a) Tribes grant permits of tribal
land, including any tribally-owned undivided interest(s) in a fractionated
tract. A permit granted by the tribe
must be approved by us, unless the permit is authorized by a charter approved
by us under 25 U.S.C. § 477, or unless
our approval is not required under
other applicable federal law. In order
to permit tribal land in which the beneficial interest has been assigned to another party, the assignee and the tribe
must both grant the permit, subject to
our approval.
(b) Individual Indian landowners may
grant a permit of their land, including
their
undivided
interest
in
a
fractionated tract, subject to our approval. Except as otherwise provided in
this part, these Indian landowners may
include the owner of a life estate holding 100 percent (%) interest in their
land.
(c) The owners of a majority interest
in
the
Indian
ownership
of
a
fractionated tract may grant a permit,
subject to our approval, without giving
prior notice to the minority Indian
landowners as long as the minority interest owners receive fair annual rental.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.204 Who may represent an individual Indian landowner in granting a permit?
The following individuals or entities
may represent an individual Indian
landowner in granting a permit:
(a) An adult with custody acting on
behalf of their minor children;
(b) A guardian, conservator, or other
fiduciary appointed by a court of competent jurisdiction to act on behalf of
an individual Indian landowner;
(c) An adult or legal entity who has
been given a written power of attorney
that:
(1) Meets all of the formal requirements of any applicable tribal or state
law;
(2) Identifies the attorney-in-fact and
the land to be permitted; and
(3) Describes the scope of the power
granted and any limits thereon.

§ 166.205 When can the BIA grant a
permit on behalf of Indian landowners?
(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.
§ 166.206 What requirements apply to a
permit on a fractionated tract?
We may grant a permit on behalf of
all Indian landowners of a fractionated
tract as long as the owners receive fair
annual rental. Before granting such a
permit, we may offer a preference right
to any Indian landowner who:
(a) Is in possession of the entire
tract;
(b) Submits a written offer to permit
the land, subject to any required or negotiated terms and conditions, prior to
our granting a permit to another
party; and
(c) Provides any supporting documents needed to demonstrate the ability to perform all of the obligations
under the proposed permit.

577

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00587

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

§ 166.207

25 CFR Ch. I (4–1–15 Edition)

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.207 What provisions will be contained in a permit?
A permit, at a minimum, must include:
(a) Authorized user(s);
(b) Conservation plan requirements;
(c) Prohibition against creating a
nuisance, any illegal activity, and negligent use or waste or resources;
(d) Numbers and types of livestock
allowed;
(e) Season(s) of use;
(f) Grazing rental payment, payment
schedule, and late payment interest
and penalties;
(g) Administrative fees;
(h) Tribal fees, if applicable;
(i) Payment method;
(j) Range unit number or name;
(k) Animal identification requirements;
(l) A description (preferably a legal
description) of the permitted area;
(m) Term of permit (including beginning and ending dates of the term allowed, as well as any option to renew,
extend or terminate);
(n) Conditions for making improvements, if any;
(o) A right of entry by the BIA for
purposes of inspection or enforcement
purposes;
(p) A provision concerning the applicability of tribal jurisdiction;
(q) A provision stating how trespass
proceeds are to be distributed; and
(r) A provision for the permittee to
indemnify the United States and the
Indian landowners against all liabilities or costs relating to the use, handling, treatment, removal, storage,
transportation, or disposal of hazardous materials or the release or discharge of any hazardous material from
the permitted premises that occur during the permit term, regardless of
fault.
§ 166.208 How long is a permit term?
(a) The duration must be reasonable
given the purpose of the permit and the
level of investment required by the
permittee to place the property into
productive use.
(b) On behalf of the undetermined
heirs of an individual Indian decedent
owning 100 percent (%) interest in the
land, we will grant or approve permits
for a maximum term of two years.

(c) Permits granted for agricultural
purposes will not usually exceed ten
years. A term longer than ten years,
but not to exceed 25 years unless authorized by other federal law, may be
authorized when a longer term is determined by us to be in the best interest
of the Indian landowners and when
such permit requires substantial investment in the development of the
lands by the permittee.
(d) A tribe may determine the duration of permits composed entirely of its
tribal land or in combination with government land, subject to the same limitations provided in paragraph (d) of
this section.
(e) A permit will specify the beginning and ending dates of the term allowed, as well as any option to renew,
extend, or terminate.
(f) Permits granted by us for protection of the Indian land will be for no
more than two years.
§ 166.209

Must a permit be recorded?

A permit must be recorded in our
Land Titles and Records Office which
has jurisdiction over the land. We will
record the permit immediately following our approval under this subpart.
§ 166.210 When is a decision by the
BIA regarding a permit effective?
Our decision to approve a permit will
be effective immediately, notwithstanding any appeal which may be filed
under Part 2 of this title. Copies of the
approved permit will be provided to the
permitee and made available to the Indian landowners upon request.
§ 166.211

When are permits effective?

Unless otherwise provided in the permit, a permit will be effective on the
date on which the permit is approved
by us. A permit may be made effective
on some past or future date, by agreement, but such a permit may not be
granted or approved more than one
year prior to the date on which the permit term is to commence.
§ 166.212 When may a permittee take
possession of permitted Indian
land?
The permittee may take possession
of permitted Indian land on the date

578

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00588

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

Bureau of Indian Affairs, Interior

§ 166.218

specified in the permit as the beginning date of the term, but not before
we approve the permit.
§ 166.213 Must I comply with any
standards of conduct if I am 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 tribal
laws, agricultural resource management plans, and similar sources.
(b) Comply with all applicable laws,
ordinances, rules, regulations, and
other legal requirements. You must
also pay all applicable penalties that
may be assessed for non-compliance.
(c) Fulfill all financial obligations of
your permit owed to the Indian landowners and the United States.
(d) Conduct only those activities authorized by the permit.
§ 166.214 Will the BIA notify the permittee of any change in land title
status?
Yes. We will notify the permittee if a
fee patent is issued or if restrictions
are removed. After we notify the permittee our obligation under § 166.228 of
this part ceases.
OBTAINING A PERMIT
§ 166.215 How can I find Indian land
available for grazing?
You may contact a local BIA office
or tribal office to determine what Indian land may be available for grazing
permits.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.216 Who is responsible for permitting Indian land?
The Indian landowner is primarily responsible for granting permits on their
Indian land, with the assistance and
approval of the BIA, except where otherwise provided by law. You may contact the local BIA or tribal office for
assistance in obtaining a permit for
grazing purposes on Indian land.
§ 166.217 In what manner may a permit on Indian land be granted?
(a) A tribe may grant a permit on
tribal land through tribal allocation,

negotiation, or advertisement in accordance with § 166.203 of this part. We
must approve all permits of tribal land
in order for the permit to be valid, except where otherwise provided by law.
(b) Individual Indian landowners may
grant a permit on their Indian land
through negotiation or advertisement
in accordance with § 166.203 of this part.
We must approve all permits of Individual Indian land in order for the permit to be valid.
(c) We will grant permits through negotiation or advertisement for range
units containing, in whole or part, individually-owned Indian land and range
units that consist of, or in combination
with individually-owned Indian land,
tribal or government land, under
§ 166.205 of this part. We will consult
with tribes prior to granting permits
for range units that include tribal land.
§ 166.218 How do I acquire a permit
through tribal allocation?
(a) A tribe may allocate grazing
privileges on range units containing
trust or restricted land which is entirely tribally-owned or which contains
only tribal and government land under
the control of the tribe.
(b) A tribe may allocate grazing
privileges to its members and to tribally-authorized entities without competitive bidding on tribal and triballycontrolled government land.
(c) We will implement the tribe’s allocation procedure by authorizing the
grazing privileges on individuallyowned Indian land and government
land, subject to the rental rate provisions in § 166.400(b) and (c) of this part.
(d) A tribe may prescribe the eligibility requirements for allocations 60
days before granting a new permit or
before an existing permit expires.
(e) 120 days before the expiration of
existing permits, we will notify the
tribe of the 60-day period during which
the tribe may prescribe eligibility requirements.
(f) We will prescribe the eligibility
requirements after the expiration of
the 60-day period in the event satisfactory action is not taken by the tribe.
(g) Grazing rental rates for grazing
privileges allocated from an existing
permit, in whole or in part, must equal

579

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00589

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

§ 166.219

25 CFR Ch. I (4–1–15 Edition)

or exceed the rates paid by the preceding permittee(s). Tribal members
will pay grazing rental rates established by the tribe on tribal lands.
§ 166.219 How do I acquire a permit
through negotiation?
(a) Permits may be negotiated and
granted by the Indian landowners with
the permittee of their choice. The BIA
may negotiate and grant permits on
behalf of Indian landowners pursuant
to § 166.205 of this part.
(b) Upon the conclusion of negotiations with the Indian landowners or
their representatives, and the satisfaction of any applicable conditions, you
may submit an executed permit and
any required supporting documents to
us for appropriate action. Where a permit is in a form that has previously
been accepted or approved by us, and
all of the documents needed to support
the findings required by this part have
been received, we will decide whether
to approve the permit within 30 days of
the date of our receipt of the permit
and supporting documents. If we decide
to approve or disapprove a permit, we
will notify the parties immediately and
advise them of their right to appeal the
decision under part 2 of this title.
(c) In negotiating a permit, the Indian landowners may choose to include
their land in the permit in exchange
for their receipt of a share of the revenues or profits generated by the permit. Under such an arrangement, the
permit may be granted to a joint venture or other legal entity owned, in
part, by the Indian landowners.
(d) Receipt of permit payments based
upon income received from the land
will not, of itself, make the Indian
landowner a partner, joint venturer, or
associate of the permittees.
(e) We will assist prospective permittees in contacting the Indian landowners or their representatives, for the
purpose of negotiating a permit.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.220 What are the basic steps for
acquiring a permit through negotiation?
The basic steps for acquiring a permit by negotiation are as follows:
(a) The BIA or the Indian landowner
will:

(1) Receive a request to permit from
an Indian landowner or the potential
permittee;
(2) Prepare the permit documents;
and
(3) Grant the permit.
(b) A potential permittee will complete the requirements for securing a
permit, (e.g., bond, insurance, payment
of administrative fee, etc.);
(c) We will:
(1) Review the permit for proper documentation and compliance with all
applicable laws and regulations;
(2) Approve the permit after our review;
(3) Send the approved permit to the
permittee and, upon request, to the Indian landowner; and
(4) Record and maintain the approved
permit.
§ 166.221 How do I acquire an advertised permit through competitive
bidding?
(a) As part of the negotiation of a
permit, Indian landowners may advertise their Indian land to identify potential permittees with whom to negotiate.
(b) When the BIA grants and approves a permit on behalf of an individual Indian landowner using an advertisement for bids, we will:
(1) Prepare and distribute an advertisement of lands available for permit
that identifies the terms and conditions of the permit sale, including, for
agricultural permits, any preference
rights;
(2) Solicit sealed bids and conduct
the public permit sale;
(3) Determine and accept the highest
or best responsible bidder(s), which
may require further competitive bidding after the bid opening; and
(4) Prepare permits for successful
bidders.
(c) After completion of the steps in
paragraph (b) of this section, the successful bidder must complete and submit the permit and satisfy all applicable requirements, (e.g., bond, insurance, payment of administrative fee,
etc.).
(d) After review of the permit documentation for proper completion and
compliance with all applicable laws
and regulations, within 30 days we will:

580

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00590

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

Bureau of Indian Affairs, Interior

§ 166.227

(1) Grant and approve the permit on
behalf of Indian landowners where we
are authorized to do so by law;
(2) Distribute the approved permit to
the permittee(s) and, upon request, to
the Indian landowner(s); and
(3) Record and maintain the approved
permit.
§ 166.222 Are there standard permit
forms?
Yes. Standard permit forms, including bid forms, permit forms, and permit modification forms are available at
our agency offices.
PERMIT (LEASEHOLD) MORTGAGE

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.223 Can I use a permit as collateral for a loan?
We may approve a permit containing
a provision that authorizes the permittee to encumber the permit interest, known as a leasehold mortgage, for
the development and improvement of
the permitted Indian land. We must approve the leasehold mortgage that encumbers the permit interest before it
can be effective. We will record the approved leasehold mortgage instrument.
§ 166.224 What factors does the BIA
consider when reviewing a leasehold mortgage?
(a) We will approve the leasehold
mortgage if:
(1) All consents required in the permit have been obtained from the Indian
landowners and any surety or guarantor;
(2) The mortgage covers only the permit interest, and no unrelated collateral belonging to the permittee;
(3) The financing being obtained will
be used only in connection with the development or use of the permitted
premises, and the mortgage does not
secure any unrelated obligations owed
by the permittee to the mortgagee; and
(4) We find no compelling reason to
withhold our approval, in order to protect the best interests of the Indian
landowner.
(b) In making the finding required by
paragraph (a)(4) of this section, we will
consider whether:
(1) The ability to perform the permit
obligations would be adversely affected
by the cumulative mortgage obligations;

(2) Any negotiated permit provisions
as to the allocation or control of insurance or condemnation proceeds would
be modified;
(3) The remedies available to us or
the Indian landowners would be limited
(beyond the additional notice and cure
rights to be afforded to the mortgagee),
if the permittee defaults on the permit;
(4) Any rights of the Indian landowners would be subordinated or adversely affected in the event of a foreclosure, assignment in lieu of foreclosure, or issuance of a ‘‘new permit’’
to the mortgagee.
(c) We will notify the Indian landowners of our approval of the leasehold
mortgage.
§ 166.225 May a permittee voluntarily
assign a leasehold interest under an
approved encumbrance?
With our approval, under an approved
encumbrance, a permittee voluntarily
may assign the leasehold interest to
someone other than the holder of a
leasehold mortgage if the assignee
agrees in writing to be bound by the
terms of the permit. A permit may provide the Indian landowners with a right
of first refusal on the conveyance of
the leasehold interest.
§ 166.226 May the holder of a leasehold
mortgage assign the leasehold interest after a sale or foreclosure of
an approved encumbrance?
Yes. The holder of a leasehold mortgage may assign a leasehold interest
obtained by a sale or foreclosure of an
approved encumbrance without our approval if the assignee agrees in writing
to be bound by the terms of the permit.
A permit may provide the Indian landowners with a right of first refusal on
the conveyance of the permit interest
(leasehold).
MODIFYING A PERMIT
§ 166.227 How can Indian land be removed from an existing permit?
(a)We will remove Indian land from
the permit if:
(1) The trust status of the Indian land
terminates;
(2) The Indian landowners request removal of their interest, with the written approval of the majority interest of
the fractionated tract to be removed,

581

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00591

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

§ 166.228

25 CFR Ch. I (4–1–15 Edition)

and we determine that the removal is
beneficial to such interests;
(3) A tribe allocates grazing privileges for Indian land covered by your
permit under § 166.218 of this part;
(4) The permittee requests removal of
the Indian land, the owners of the majority interest of the Indian land provides written approval of the removal
of the Indian land, and we determine
that the removal is warranted; or
(5) We determine that removal of the
Indian land is appropriate, with the
written approval of the owners of the
majority interest of the Indian land.
(b) We will revise the grazing capacity to reflect the removal of Indian
land and show it on the permit.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.228 How will the BIA provide notice if Indian land is removed from
an existing permit?
If the reason for removal is:
(a) Termination of trust status. We
will notify the parties to the permit in
writing within 30 days. The removal
will be effective on the next anniversary date of the permit.
(b) A request from Indian landowners
or the permittee, or our determination.
We will notify the parties to the permit
in writing within 30 days of such request. The removal will be effective
immediately if all sureties, Indian
landowners, and permittee agree. Otherwise, the removal will be effective
upon the next anniversary date of the
permit. If our written notice is within
180 days of the anniversary date of the
permit, the removal of Indian land will
be effective 180 days after the written
notice.
(c) Tribal allocation under § 166.218 of
this part. We will notify the parties to
the permit in writing within 180 days of
such action. The removal of tribal land
will be effective on the next anniversary date of the permit. If our written
notice is within 180 days of the anniversary date of the permit, the removal
of Indian land will be effective 180 days
after the written notice.
§ 166.229 Other than to remove land,
how can a permit be amended, assigned, subpermitted, or mortgaged?
(a) We must approve an amendment,
assignment, subpermit, or mortgage
with the written consent of the parties

to the permit in the same manner that
the permit was approved, and the consent of the sureties.
(b) Indian landowners may designate
in writing one or more of their co-owners or representatives to negotiate and/
or agree to amendments on their behalf.
(1) The designated landowner or representative may:
(i) Negotiate or agree to amendments; and
(ii) Consent to or approve other items
as necessary.
(2) The designated landowner or representative may not:
(i) Negotiate or agree to amendments
that reduce the grazing rental payments payable to the other Indian
landowners; or
(ii) Terminate the permit or modify
the term of the permit.
(c) We may approve a permit for tribal land to individual members of a
tribe which contains a provision permitting the assignment of the permit
by the permittee or the lender without
our approval when a lending institution or an agency of the United States:
(1) Accepts the interest in the permit
(leasehold) as security for the loan; and
(2) Obtains the interest in the permit
(leasehold) through foreclosure or otherwise.
(d) We will revise the grazing capacity and modify the permit.
§ 166.230 When will a BIA decision to
approve an amendment, assignment, subpermit, or mortgage
under a permit be effective?
Our decision to approve an amendment, assignment, subpermit, or mortgage 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 party requesting approval, and made available
to the Indian landowners upon request.
§ 166.231 Must an amendment, assignment, subpermit, or mortgage approved under a permit be recorded?
An amendment, assignment, subpermit, or mortgage approved under a
permit must be recorded in our Land
Titles and Records Office which has jurisdiction over the Indian land. We will

582

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00592

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

Bureau of Indian Affairs, Interior

§ 166.310

record the document immediately following our approval.

Subpart D—Land and Operations
Management
§ 166.300 How is Indian agricultural
land managed?
Tribes, individual Indian landowners,
and the BIA will manage Indian agricultural land either directly or through
contracts,
compacts,
cooperative
agreements, or grants under the Indian
Self-Determination and Education Assistance Act (Public Law 93–638, as
amended).
§ 166.301 How is Indian land for grazing purposes described?
Indian land for grazing purposes
should be described by legal description (e.g., aliquot parts, metes and
bounds) or other acceptable description. Where there are undivided interests owned in fee status, the aggregate
portion of trust and restricted interests should be identified in the description of the permitted land.
§ 166.302 How is a range unit created?
We create a range unit after we consult with the Indian landowners of
rangeland, by designating units of compatible size, availability, and location.
§ 166.303 Can more than one parcel of
Indian land be combined into one
permit?
Yes. A permit may include more than
one parcel of Indian land. Permits may
include tribal land, individually-owned
Indian land, or government land, or
any combination thereof.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.304 Can there be more than one
permit for each range unit?
Yes. There can be more than one permit for each range unit.
§ 166.305 When is grazing capacity determined?
Before we grant, modify, or approve a
permit, in consultation with the Indian
landowners, we will establish the total
grazing capacity for each range unit
based on the summation of each parcel’s productivity. We will also establish the season(s) of use on Indian
lands.

§ 166.306 Can the BIA adjust the grazing capacity?
Yes. In consultation with the Indian
landowners or in the BIA’s discretion
based on good cause, we may adjust the
grazing capacity using the best evaluation method(s) relevant to the ecological region.
§ 166.307 Will the grazing capacity be
increased if I graze adjacent trust
or non-trust rangelands not covered
by the permit?
No. You will not receive an increase
in grazing capacity in the permit if you
graze trust or non-trust rangeland in
common with the permitted land. Grazing capacity will be established only
for Indian land covered by your permit.
§ 166.308 Can the number of animals
and/or season of use be modified on
the permitted land if I graze adjacent trust or non-trust rangelands
under an on-and-off grazing permit?
Yes. The number of animals and/or
season of use may be modified on permitted Indian land with an on-and-off
grazing permit only when a conservation plan includes the use of adjacent
trust or non-trust rangelands not covered by the permit and when that land
is used in common with permitted
land.
§ 166.309 Who determines livestock
class and livestock ownership requirements on permitted Indian
land?
(a) Tribes determine the class of livestock and livestock ownership requirements for livestock that may be grazed
on range units composed entirely of
tribal land or which include government land, subject to the grazing capacity prescribed by us under § 166.305
of this part.
(b) For permits on range units containing, in whole or part, individuallyowned Indian land, we will adopt the
tribal determination in paragraph (a)
of this section.
§ 166.310 What must a permittee do to
protect livestock from exposure to
disease?
In accordance with applicable law,
permittees must:
(a) Vaccinate livestock;

583

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00593

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

§ 166.311

25 CFR Ch. I (4–1–15 Edition)

(b) Treat all livestock exposed to or
infected with contagious or infectious
diseases; and
(c) Restrict the movement of exposed
or infected livestock.
MANAGEMENT PLANS AND
ENVIRONMENTAL COMPLIANCE
§ 166.311 Is an Indian agricultural resource management plan required?
(a) Indian agricultural land under the
jurisdiction of a tribe must be managed
in accordance with the goals and objectives in any agricultural resource management plan developed by the tribe, or
by us in close consultation with the
tribe, under the AIARMA.
(b) The ten-year agricultural resource management and monitoring
plan must be developed through public
meetings and completed within three
years of the initiation of the planning
activity. Such a plan must be developed through public meetings, and 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
holistic management objectives; and
(5) Identify actions to be taken to
reach established objectives.
(c) Where the regulations in this subpart are inconsistent with a tribe’s agricultural resource management plan,
we may waive the regulations under
part 1 of this title, so long as the waiver does not violate a federal statute or
judicial decision or conflict with our
general trust responsibility under federal law.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.312 Is a conservation plan required?
A conservation plan must be developed for each permit with the permittee and approved by us prior to the
issuance of the permit. The conservation plan must be consistent with the

tribe’s agricultural resource management plan and must address the permittee’s management objectives regarding animal husbandry and resource
conservation. The conservation plan
must cover the entire permit period
and reviewed by us on an annual basis.
§ 166.313 Is environmental compliance
required?
Actions taken by the BIA under the
regulations in this part must comply
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
applicable regulations of the Council
on Environmental Quality (40 CFR part
1500), and applicable tribal laws and
regulations.
CONSERVATION PRACTICES AND
IMPROVEMENTS
§ 166.314 Can a permittee apply a conservation practice on permitted Indian land?
Yes. A permittee can apply a conservation practice on permitted Indian
land as long as the permittee has approval from the BIA and majority interest and the conservation practice is
consistent with the conservation plan.
§ 166.315 Who is responsible for the
completion and maintenance of a
conservation practice if the permit
expires or is canceled before the
completion of the conservation
practice?
Prior to undertaking a conservation
practice, the BIA, landowner, and permittee will negotiate who will complete and maintain a conservation
practice if the permit expires or is canceled before the conservation practice
is completed. That conservation practice agreement will be reflected in the
conservation plan and permit.
§ 166.316 Can a permittee construct
improvements on permitted Indian
land?
Improvements may be constructed on
permitted Indian land if the permit
contains a provision allowing improvements.

584

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00594

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

Bureau of Indian Affairs, Interior

§ 166.403

§ 166.317 What happens to improvements constructed on Indian lands
when the permit has been terminated?
(a) If improvements are to be constructed on Indian land, the permit
must contain a provision that improvements will either:
(1) Remain on the land upon termination of the permit, in a condition
that is in compliance with applicable
codes, to become the property of the
Indian landowner; or
(2) Be removed and the land restored
within a time period specified in the
permit. The land must be restored as
close as possible to the original condition prior to construction of such improvements. At the request of the permittee we may, at our discretion, grant
an extension of time for the removal of
improvements and restoration of the
land for circumstances beyond the control of the permittee.
(b) If the permittee fails to remove
improvements within the time allowed
in the permit, the permittee may forfeit the right to remove the improvements and the improvements may become the property of the Indian landowner or at the request of the Indian
landowner, we will apply the bond for
the removal of the improvement and
restoration of the land.

Subpart E—Grazing Rental Rates,
Payments, and Late Payment
Collections
RENTAL RATE DETERMINATION AND
ADJUSTMENT

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.400 Who establishes grazing rental rates?
(a) For tribal lands, a tribe may establish a grazing rental rate that is
less or more than the grazing rental
rate established by us. We will assist a
tribe to establish a grazing rental rate
by providing the tribe with available
information concerning the value of
grazing on tribal lands.
(b) We will establish the grazing rental rate by determining the fair annual
rental for:
(1) Individually-owned Indian lands;
and

(2) Tribes that have not established a
rate under paragraph (a) of this section.
(c) Indian landowners may give us
written authority to grant grazing
privileges on their individually-owned
Indian land at a grazing rental rate
that is:
(1) Above the grazing rental rate set
by us; or
(2) Below the grazing rental rate set
by us, subject to our approval, when
the permittee is a member of the Indian landowner’s immediate family as
defined in this part.
§ 166.401 How does the BIA establish
grazing rental rates?
An appraisal can be used to determine the rental value of real property.
The development and reporting of the
valuation will be completed in accordance with the Uniform Standards of
Professional
Appraisal
Practices
(USPAP). If an appraisal is not desired,
competitive bids, negotiations, advertisements, or any other method can be
used in conjunction with a market
study, rent survey, or feasibility analysis developed in accordance with the
USPAP.
§ 166.402 Why must the BIA determine
the fair annual rental of Indian
land?
The BIA must determine the fair annual rental of Indian land to:
(a) Assist the Indian landowner in negotiating a permit with potential permittees; and
(b) Enable us to determine whether a
permit is in the best interests of the
Indian landowner.
§ 166.403 Will the BIA ever grant or approve a permit at less than fair annual rental?
(a) We will grant a permit for grazing
on individually-owned Indian land at
less than fair annual rental if, after
competitive bidding of the permit, we
determine that such action would be in
the best interests of the individual Indian landowners.
(b) We may approve a permit for
grazing on individually-owned Indian
land at less than fair annual rental if:

585

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00595

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

§ 166.404

25 CFR Ch. I (4–1–15 Edition)

(1) The permit is for the Indian landowner’s immediate family or co-owner;
or
(2) We determine it is in the best interest of the Indian landowners.

(c) We may approve a permit for grazing on tribal land at less than fair annual rental if the tribe sets the rate.

§ 166.404 Whose grazing rental rate will be applicable for a permit on tribal land?
The following grazing rental rate schedule will apply for tribal land:
If you are * * *

And if * * *

(a) Grazing livestock on tribal land ..........

The tribe established the grazing rental
rate.
No tribal grazing rental rate has been established.

(b) Grazing livestock on tribal land ..........

Then you will pay * * *

(c) The successful bidder for use of any
of these specific parcels of Indian land.

The rate set by the tribe.
The rate set by the BIA.
Your rental rate bid, but not less than the
minimum bid rate advertised.

§ 166.405 Whose grazing rental rate will be applicable for a permit on individually-owned Indian land?
The following grazing rental rate schedule will apply for individually-owned Indian land:
If you are * * *

Then you will pay * * *

(a) Grazing livestock on Individually-owned
Indian land.
(b) The successful bidder for use of any of
these specific parcels of Indian land.
(c) The recipient of an allocation from a bid
unit.

The rate set by the BIA or by the individual Indian landowner and approved by us.
Your rental rate bid, but not less than the minimum bid rate advertised, unless the
permit is granted at less than fair annual rental under § 166.403.
The bid rate or the appraised rate, whichever is higher.

§ 166.406 Whose grazing rental rate will be applicable for a permit on government
land?
The following grazing rental rate schedule will apply for government land:
If you are * * *

And if * * *

(a) Grazing livestock on government land

The tribe has control over the land or the
tribe has authority to set the rate.
Government controls all use of the land

(b) Grazing livestock on government land

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.407 If a range unit consists of
tribal and individually-owned Indian lands, what is the grazing
rental rate?
The grazing rental rate for tribal
land will be the rate set by the tribe.
The grazing rental rate for individually-owned Indian land will be the
grazing rental rate set by us.
§ 166.408 Is the grazing rental rate established by the BIA adjusted periodically?
Yes. To ensure that Indian landowners are receiving the fair annual return, we may adjust the grazing rental
rate established by the BIA, based upon
an appropriate valuation method, taking into account the value of improve-

Then you will pay * * *
The rate set by the tribe.
The rate set by the BIA.

ments made under the permit, unless
the permit provides otherwise, following the Uniform Standards of Professional Appraisal Practice.
(a) We will:
(1) Review the grazing rental rate
prior to each anniversary date or when
specified by the permit.
(2) Provide you with written notice of
any adjustment of the grazing rental
rate 60 days prior to each anniversary
date.
(3) Allow the adjusted grazing rental
rate to be less than the fair annual
rental if we determine that such a rate
is in the best interest of the Indian
landowner.

586

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00596

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

Bureau of Indian Affairs, Interior

§ 166.414

(b) If adjusted, the grazing rental
rate will become effective on the next
anniversary date of the permit.
(c) These adjustments will be retroactive, if they are not made at the time
specified in the permit.
(d) For permits granted by tribes, we
will consult with the granting tribe to
determine whether an adjustment of
the grazing rental payment should be
made. The permit must be modified to
document the granting tribe’s waiver
of the adjustment. A tribe may grant a
permit without providing for a rental
adjustment, if the tribe establishes
such a policy under § 166.100(a)(4) of this
part and negotiates such a permit.
RENTAL PAYMENTS
§ 166.409 How is my grazing rental
payment determined?
The grazing rental payment is the
total of the grazing rental rate multiplied by the number of AUMs or acres
covered by the permit.
§ 166.410 When are grazing rental payments due?
The initial grazing rental payment is
due and payable as specified in the permit or 15 days after the BIA approves
the permit, whichever is later. Subsequent payments are due as specified in
the permit.
§ 166.411 Will a permittee be notified
when a grazing rental payment is
due?
Each permit states the schedule of
rental payments agreed to by the parties. We will issue an invoice to the
permittee 30 to 60 days prior to the
rental payment due date.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.412 What if the permittee does
not receive an invoice that a grazing rental payment is due?
If we fail to send an invoice or if we
send an invoice and the permittee does
not receive it, the permittee is still responsible for making timely payment
of all amounts due under the permit.
§ 166.413 To whom are grazing rental
payments made?
(a) A permit must specify whether
grazing rental payments will be made
directly to the Indian landowners or to
us on behalf of the Indian landowners.

If the permit provides for payment to
be made directly to the Indian landowners, the permit must also require
that the permittee retain specific documentation evidencing proof of payment, such as canceled checks, cash receipt vouchers, or copies of money orders or cashier’s checks, consistent
with the provisions of §§ 166.1000 and
166.1001 of this part.
(b) Grazing rental payments made directly to the Indian landowners must
be made to the parties specified in the
permit, unless the permittee receives a
notice of a change of ownership. Unless
otherwise provided in the permit, grazing rental payments may not be made
payable directly to anyone other than
the Indian landowners.
(c) A permit which provides for grazing rental payments to be made directly to the Indian landowners must
also provide for such payments to be
suspended and rent thereafter paid to
us, rather than directly than to the Indian landowners, if:
(1) An Indian landowner dies;
(2) An Indian landowner requests
that payment be made to us;
(3) An Indian landowner is found by
us to be in need of assistance in managing his/her financial affairs; or
(4) We determine, in our discretion
and after consultation with the Indian
landowner(s), that direct payment
should be discontinued.
§ 166.414 What forms of grazing rental
payments are acceptable?
(a) When grazing rental payments are
made directly to the Indian landowners, the form of payment must be
acceptable to the Indian landowners.
(b) Payments made to us may be delivered in person or by mail. We will
not accept cash, foreign currency, or
third-party checks. We will accept:
(1) Personal or business checks drawn
on the account of the permittee;
(2) Money orders;
(3) Cashier’s checks;
(4) Certified checks; or
(5) Electronic funds transfer payments.

587

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00597

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

§ 166.415

25 CFR Ch. I (4–1–15 Edition)

§ 166.415 What will the BIA do if the
permittee fails to make a direct
payment to an Indian landowner?
Within five business days of the Indian landowner’s notification to us
that a payment has not been received,
we will contact the permittee either in
writing or by telephone requesting that
the permittee provide documentation
(e.g., canceled check, cash receipt
voucher, copy of a money order or
cashier’s check) showing that payment
has been made to the Indian landowner. If the permitee fails to provide
such documentation, we will follow the
procedures identified in § 166.419 of this
part to collect the money on behalf of
the Indian landowner or to cancel the
permit.
§ 166.416 May a permittee make a grazing rental payment in advance of
the due date?
Rent may be paid no more than 30
days in advance, unless otherwise specified in the permit.
§ 166.417 May an individual Indian
landowner modify the terms of the
permit on a fractionated tract for
advance grazing rental payment?
No. An individual Indian landowner
of a fractionated tract may not modify
a permit to allow a grazing rental payment in advance of the due date specified in the initial approved permit.
§ 166.418 When is a grazing rental payment late?
A grazing rental payment is late if it
is not received on or before the due
date.

lpowell on DSK54DXVN1OFR with $$_JOB

LATE RENTAL PAYMENT COLLECTIONS
§ 166.419 What will the BIA do if grazing rental payments are not made
in the time and manner required by
the permit?
(a) A permitee’s failure to pay grazing rental payments in the time and
manner required by a permit will be a
violation of the permit, and a notice of
violation will be issued under § 166.703
of this part. If the permit requires that
grazing rental payments be made to us,
we will send the permittee and its sureties a notice of violation within five
business days of the date on which the
grazing rental payment was due. If the

permit provides for payment directly
to the Indian landowner(s), we will
send the permittee and its sureties a
notice of violation within five business
days of the date on which we receive
actual notice of non-payment from the
Indian landowner(s).
(b) If a permittee fails to provide adequate proof of payment or cure the violation within the requisite time period
described in § 166.704 of this part, and
the amount due is not in dispute, we
may immediately take action to recover the amount of the unpaid rent
and any associated interest charges or
late payment penalties. We may also
cancel the permit under § 166.705 of this
part, or invoke any other remedies
available under the permit or applicable law, including collection on any
available bond or referral of the debt to
the Department of the Treasury for
collection. An action to recover any
unpaid amounts will not be conditioned
on the prior cancellation of the permit
or any further notice to the permittee,
nor will such an action be precluded by
a prior cancellation.
(c) Partial payments may be accepted, under special circumstances, by the
Indian landowners or us, but acceptance will not operate as a waiver with
respect to any amounts remaining unpaid or any other existing permit violations. Unless otherwise provided in the
permit, overpayments may be credited
as an advance against future grazing
rental payments.
(d) If a personal or business check is
dishonored, and a grazing rental payment is therefore not made by the due
date, the failure to make the payment
in a timely manner will be a violation
of the permit, and a written notice of
violation will be issued under § 166.703
of this part. Any payment made to cure
such a default, and any future payments by the same permittee, must be
made by one of the alternative payment methods listed in § 166.414(b) of
this part.
§ 166.420 Will any special fees be assessed on delinquent grazing rental
payments due under a permit?
The following special fees will be assessed if a grazing rental payment is
not paid in the time and manner required, in addition to any interest or

588

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00598

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

Bureau of Indian Affairs, Interior

§ 166.600

late payment penalties which must be
paid to the Indian landowners under a
permit. The following special fees will
be assessed to cover administrative
costs incurred by the United States in
the collection of the debt:
The permittee will
pay * * *

For * * *

(a) $50.00 ............

Administrative fee for checks returned by
the bank for insufficient funds.
Administrative fee for the BIA processing
of each demand letter.
Administrative fee charged by the Department of Treasury for collection.

(b) $15.00 ............
(c) 18% of balance due.

§ 166.421 If a permit is canceled for
non-payment, does that extinguish
the permittee’s debt?
No. The permittee remains liable for
any delinquent payment. No future
permits will be issued until all outstanding debts related to Indian agricultural lands are paid.
COMPENSATION TO INDIAN LANDOWNERS
§ 166.422 What does the BIA do with
grazing rental payments received
from permittees?

§ 166.500 Are there administrative fees
for a permit?
Yes. We will charge an administrative fee before approving any permit,
subpermit, assignment, encumbrance,
modification, or other related document.
§ 166.501 How are annual administrative fees determined?
(a) Except as provided in subsection
(b), we will charge a three percent (%)
administrative fee based on the annual
grazing rent.
(b) The minimum administrative fee
is $10.00 and the maximum administrative fee is $500.00.
(c) If a tribe performs all or part of
the administrative duties for this part,
the tribe may establish, collect, and
use reasonable fees to cover its costs
associated with the performance of administrative duties.
§ 166.502 Are administrative fees refundable?

Unless arrangements for direct payment to the Indian landowners has
been provided, the rent will be deposited to the appropriate account maintained by the Office of Trust Funds
Management in accordance with part
115 of this title.

No. We will not refund administrative fees.

§ 166.423 How do Indian landowners
receive grazing rental payments
that the BIA has received from permittees?

§ 166.504 Are there any other administrative or tribal fees, taxes, or assessments that must be paid?

Funds will be paid to the Indian landowners by the Office of Trust Funds
Management in accordance with 25
CFR part 115.
§ 166.424 How will the BIA determine
the grazing rental payment amount
to be distributed to each Indian
landowner?

lpowell on DSK54DXVN1OFR with $$_JOB

Subpart F—Administrative and
Tribal Fees

Unless otherwise specified in the permit, the grazing rental payment will be
distributed to each Indian landowner
according to the forage production that
each parcel of Indian land contributes
to the permit, annual rental rate of
each parcel, and the Indian landowner’s
interest in each parcel.

§ 166.503 May the BIA waive administrative fees?
Yes. We may waive the administrative fee for a justifiable reason.

Yes. The permittee may be required
to pay additional fees, taxes, and/or assessments associated with the use of
the land as determined by us or by the
tribe. Failure to make such payments
will constitute a permit violation
under subpart H of this part.

Subpart G—Bonding and
Insurance Requirements
§ 166.600 Must a permittee provide a
bond for a permit?
Yes. A permittee, assignee or subpermittee must provide a bond for each
permit interest acquired. Upon request
by an Indian landowner, we may waive
the bond requirement.

589

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00599

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

§ 166.601

25 CFR Ch. I (4–1–15 Edition)

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.601 How is the amount of the
bond determined?
(a) The amount of the bond for each
permit is based on the:
(1) Value of one year’s grazing rental
payment;
(2) Value of any improvements to be
constructed;
(3) Cost of performance of any additional obligations; and
(4) Cost of performance of restoration
and reclamation.
(b) Tribal policy made applicable by
§ 166.100 of this part may establish or
waive specific bond requirements for
permits.
§ 166.602 What form of bonds will the
BIA accept?
(a) We will only accept bonds in the
following forms:
(1) Cash;
(2) Negotiable Treasury securities
that:
(i) Have a market value equal to the
bond amount; and
(ii) Are accompanied by a statement
granting full authority to the BIA to
sell such securities in case of a violation of the terms of the permit.
(3) Certificates of deposit that indicate on their face that Secretarial approval is required prior to redemption
by any party;
(4) Irrevocable letters of credit (LOC)
issued by federally-insured financial
institutions authorized to do business
in the United States. LOC’s must:
(i) Contain a clause that grants the
BIA authority to demand immediate
payment if the permittee defaults or
fails to replace the LOC within 30 calendar days prior to its expiration date;
(ii) Be payable to the ‘‘Department of
the Interior, BIA’’;
(iii) Be irrevocable during its term
and have an initial expiration date of
not less than one year following the
date we receive it; and
(iv) Be automatically renewable for a
period of not less than one year, unless
the issuing financial institution provides the BIA with written notice at
least 90 calendar days before the letter
of credit’s expiration date that it will
not be renewed;
(5) Surety bond; or
(6) Any other form of highly liquid,
non-volatile security subsequently ap-

proved by us that is easily convertible
to cash by us and for which our approval is required prior to redemption
by any party.
(b) Indian landowners may negotiate
a permit term that specifies the use of
any of the bond forms described in
paragraph (a) of this section.
(c) A tribe may accept and hold any
form of bond described in paragraph (a)
of this section, to secure performance
under a permit of tribal land.
§ 166.603 If cash is submitted as a
bond, how is it administered?
If cash is submitted as a bond, we
will establish an account in the name
of the permittee and retain it.
§ 166.604 Is interest paid on a cash
performance bond?
No. Interest will not be paid on a
cash performance bond.
§ 166.605 Are cash performance bonds
refunded?
If the cash performance bond has not
been forfeited for cause, the amount
deposited will be refunded to the depositor at the end of the permit period.
§ 166.606 What happens to a bond if a
violation occurs?
We may apply the bond to remedy
the violation, in which case we will require the permittee to submit a replacement bond of an appropriate
amount.
§ 166.607 Is insurance required for a
permit?
When we determine it to be in the
best interest of the Indian landowners,
we will require a permittee to provide
insurance. If insurance is required, it
must:
(a) Be provided in an amount sufficient to:
(1) Protect any improvements on the
permit premises;
(2) Cover losses such as personal injury or death; and
(3) Protect the interest of the Indian
landowner.
(b) Identify the tribe, individual Indian landowners, and United States as
insured parties.

590

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00600

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

Bureau of Indian Affairs, Interior

§ 166.705

§ 166.608 What types of insurance may
be required?
We may require liability or casualty
insurance (such as for fire, hazard, or
flood), depending upon the activity
conducted under the permit.

Subpart H—Permit Violations
§ 166.700 What permit violations are
addressed by this subpart?
This subpart addresses violations of
permit provisions other than trespass.
Trespass is addressed under subpart I
of this part.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.701 How will the BIA determine
whether the activities of a permittee under a permit are in compliance with the terms of the permit?
Unless the permit provides otherwise,
we may enter the range unit at any
reasonable time, without prior notice,
to protect the interests of the Indian
landowners and ensure that the permittee is in compliance with the operating requirements of the permit.
§ 166.702 Can a permit provide for negotiated remedies in the event of a
permit violation?
(a) A permit of tribal land may provide the tribe with certain negotiated
remedies in the event of a permit violation, including the power to terminate
the permit. A permit of individuallyowned Indian land may provide the individual Indian landowners with similar remedies, so long as the permit also
specifies the manner in which those
remedies may be exercised by or on behalf of the Indian landowners. Any notice of violation must be provided by
written notice.
(b) The negotiated remedies described in paragraph (a) of this section
will apply in addition to the cancellation remedy available to us under
§ 166.705(c) of this subpart. If the permit
specifically authorizes us to exercise
any negotiated remedies on behalf of
the Indian landowners, the exercise of
such remedies may substitute for cancellation.
(c) A permit may provide for permit
disputes to be resolved in tribal court
or any other court of competent jurisdiction, or through arbitration or some

other alternative dispute resolution
method. We may not be bound by decisions made in such forums, but we will
defer to any ongoing proceedings, as
appropriate, in deciding whether to exercise any of the remedies available to
us under § 166.705 of this subpart.
§ 166.703 What happens if a permit violation occurs?
(a) If an Indian landowner notifies us
that a specific permit violation has occurred, we will initiate an appropriate
investigation within five business days
of that notification.
(b) If we determine that a permit violation has occurred based on facts
known to us, we will provide written
notice to the permittee and the sureties of the violation within five business days.
§ 166.704 What will a written notice of
a permit violation contain?
The written notice of a permit violation will provide the permittee with
ten days from the receipt of the written notice to:
(a) Cure the permit violation and notify us that the violation is cured.
(b) Explain why we should not cancel
the permit; or
(c) Request in writing additional
time to complete corrective actions. If
additional time is granted, we may require that certain corrective actions be
taken immediately.
§ 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

591

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00601

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

§ 166.706

25 CFR Ch. I (4–1–15 Edition)

(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.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.706 Will the BIA’s regulations
concerning appeal bonds apply to
cancellation decisions involving
permits?
(a) The appeal bond provisions in § 2.5
of part 2 of this chapter will not apply
to appeals from permit cancellation decisions made under § 166.705 of this subpart. Instead, when we decide to cancel
a permit, we 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 chapter.
(b) An appeal bond should be set in
an amount necessary to protect the Indian landowners 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.
§ 166.707 When will a cancellation of a
permit 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 us. The
cancellation decision will remain ineffective if the permittee files an appeal
under § 166.706 of this subpart and part
2 of this chapter, unless the decision is
made immediately effective under part
2. While a cancellation decision is ineffective, the permittee must continue to
pay rent and comply with the other
terms of the permit. If an appeal is not
filed in accordance with § 166.706 of this
subpart and part 2 of this chapter, the
cancellation decision will be effective
on the 31st day after the permittee receives the written notice of cancellation from us.
§ 166.708 Can the BIA take emergency
action if the rangeland is threatened with immediate, significant,
and irreparable harm?
Yes. If a permittee or any other
party causes or threatens to cause immediate, significant and irreparable
harm to the Indian land during the
term of a permit, we will take appropriate emergency action. Emergency
action may include trespass proceedings under subpart I of this part,
or judicial action seeking immediate
cessation of the activity resulting in or
threatening the harm. Reasonable efforts will be made to notify the Indian
landowners, either before or after the
emergency action is taken.
§ 166.709 What will the BIA do if a permittee holds over after the expiration or cancellation of a permit?
If a permittee remains in possession
of Indian land after the expiration or
cancellation of a permit, we will treat
the unauthorized use as a trespass. Unless we have reason to believe that the
permittee is engaged in negotiations
with the Indian landowners to obtain a
new permit, we will take action to recover possession of the Indian land on
behalf of the Indian landowners, and
pursue any additional remedies available under applicable law, including

592

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00602

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

Bureau of Indian Affairs, Interior

§ 166.805

the assessment of civil penalties and
costs under subpart I of this part.

Subpart I—Trespass
§ 166.800 What is trespass?
Under this part, trespass is any unauthorized occupancy, use of, or action
on Indian agricultural lands. These
provisions also apply to Indian agricultural land managed under an agricultural lease or permit under part 162 of
this title.
§ 166.801 What is the BIA’s trespass
policy?
We will:
(a) Investigate accidental, willful,
and/or incidental trespass on Indian agricultural land;
(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 Indian agricultural
land, and enforcement costs incurred
as a consequence of the trespass.
(d) Ensure that damage to Indian agricultural lands resulting from trespass
is rehabilitated and stabilized at the
expense of the trespasser.
§ 166.802 Who can enforce this subpart?
(a) The BIA enforces the provisions of
this subpart. If the tribe adopts the
provisions of this subpart, the tribe
will have concurrent jurisdiction to enforce this subpart. Additionally, if the
tribe so requests, we will defer to tribal
prosecution of trespass on Indian agricultural lands.
(b) Nothing in this subpart shall be
construed to diminish the sovereign
authority of Indian tribes with respect
to trespass.

lpowell on DSK54DXVN1OFR with $$_JOB

NOTIFICATION
§ 166.803 How are trespassers notified
of a trespass determination?
(a) Unless otherwise provided under
tribal law, when we have reason to believe that a trespass on Indian agricultural land has occurred, within five
business days, we or the authorized
tribal representative will provide written notice to the alleged trespasser,
the possessor of trespass property, any

known lien holder, and beneficial Indian landowner, as appropriate. The
written notice 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
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 us.
(b) If we determine 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.
(c) Trespass notices under this subpart are not subject to appeal under 25
CFR part 2.
§ 166.804 What can I do if I receive a
trespass notice?
If you receive a trespass notice, you
will within the time frame specified in
the notice:
(a) Comply with the ordered corrective actions; or
(b) Contact us in writing to explain
why the trespass notice is in error. You
may contact us by telephone but any
explanation of trespass you wish to
provide must be in writing. If we determine that we issued the trespass notice
in error, we will withdraw the notice.
§ 166.805 How long will a written trespass notice remain in effect?
A written trespass notice will remain
in effect for the same conduct identified in that written notice for a period
of one year from the date of receipt of
the written notice by the trespasser.

593

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00603

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

§ 166.806

25 CFR Ch. I (4–1–15 Edition)
ACTIONS

§ 166.806 What actions does the BIA
take against trespassers?
If the trespasser fails to take the corrective action specified by us, we may
take one or more of the following actions, as appropriate:
(a) Seize, impound, sell or dispose of
unauthorized livestock or other property involved in the trespass. We may
keep such property we seize for use as
evidence.
(b) Assess penalties, damages, and
costs, under § 166.812 of this subpart.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.807 When will we impound unauthorized livestock or other property?
We 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 five days of providing notice of impoundment if you
failed to correct the trespass.
§ 166.808 How are trespassers notified
if their unauthorized livestock or
other property are to be impounded?
(a) If the trespass is not corrected in
the time specified in the initial trespass notice, we will send written notice
of our intent to impound unauthorized
livestock or other property to the unauthorized livestock or property owner
or representative, and any known lien
holder of the unauthorized livestock or
other property.
(b) If we determine that the owner of
the unauthorized livestock or other
property or the owner’s representative
is unknown or refuses delivery of the
written notice, we will post a public
notice of intent to impound at the tribal community building, U.S. Post Office, and published in the local newspaper nearest to the Indian agricul-

tural lands where the trespass is occurring.
(c) After we have given notice as described above, we will impound unauthorized livestock or other property
without any further notice.
§ 166.809 What happens after my unauthorized livestock or other property
are impounded?
Following the impoundment of unauthorized livestock or other property,
we will provide notice that we will sell
the impounded property as follows:
(a) We 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 prior to the
sale.
(b) We 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 five days after the publication
and posting of notice.
§ 166.810 How do I redeem my impounded livestock or other property?
You may redeem impounded livestock or other property by submitting
proof of ownership and paying all penalties, damages, and costs under
§ 166.812 of this subpart and completing
all corrective actions identified by us
under § 166.804 of this subpart.
§ 166.811 How will the sale of impounded livestock or other property be conducted?
(a) Unless the owner or known lien
holder of the impounded livestock or
other property redeems the property
prior to the time set by the sale, by
submitting proof of ownership and settling all obligations under § 166.804 and
§ 166.812 of this subpart, 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

594

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00604

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

Bureau of Indian Affairs, Interior

§ 166.818

owner, condemned and destroyed, or
otherwise disposed of.
(c) We will give the purchaser a bill
of sale or other written receipt evidencing the sale.
PENALTIES, DAMAGES, AND COSTS
§ 166.812 What are the penalties, damages, and costs payable by trespassers on Indian agricultural
land?
Trespassers on Indian agricultural
land 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 Indian agricultural land and/or property;
(c) The costs associated with enforcement of the regulations, 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 § 166.807 of this
subpart; and
(e) All other penalties authorized by
law.
§ 166.813 How will the BIA determine
the value of forage or crops consumed or destroyed?
We 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 such products or property.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.814 How will the BIA determine
the value of the products or property illegally used or removed?
We will determine the value of the
products or property illegally used or
removed based upon a valuation of
similar products or property.
§ 166.815 How will the BIA determine
the amount of damages to Indian
agricultural land?
We will determine the damages by
considering the costs of rehabilitation
and revegetation, loss of future rev-

enue, loss of profits, loss of productivity, loss of market value, damage to
other resources, and other factors.
§ 166.816 How will the 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.
§ 166.817 What happens if I do not pay
the assessed penalties, damages and
costs?
Unless otherwise provided by applicable tribal law:
(a) We will refuse to issue you a permit for use, development, or occupancy
of Indian agricultural lands; and
(b) We will forward your case for appropriate legal action.
§ 166.818 How are the proceeds from
trespass distributed?
Unless otherwise provided by tribal
law:
(a) We will treat any amounts recovered under § 166.812 of this subpart as
proceeds from the sale of agricultural
property from the Indian agricultural
land upon which the trespass occurred.
(b) Proceeds recovered under § 166.812
of this subpart may be distributed to:
(1) Repair damages of the Indian agricultural land and property;
(2) Reimburse the affected parties,
including the permittee for loss due to
the trespass, as negotiated and provided in the permit; and
(3) Reimburse for costs associated
with the enforcement of this subpart.
(c) If any money is left over after the
distribution of the proceeds described
in paragraph (b) of this section, we will
return it to the trespasser or, where we
cannot identify the owner of the impounded property within 180 days, we
will deposit the net proceeds of the sale
into the accounts of the landowners
where the trespass occurred.

595

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00605

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

§ 166.819

25 CFR Ch. I (4–1–15 Edition)

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

lpowell on DSK54DXVN1OFR with $$_JOB

Subpart J—Agriculture Education,
Education Assistance, Recruitment, and Training
§ 166.900 How are the Indian agriculture education programs operated?
(a) The purpose of the Indian agriculture education programs is to recruit and develop promising Indian and
Alaska Natives who are enrolled in secondary schools, tribal or Alaska Native
community colleges, and other postsecondary schools for employment as
professional resource managers and
other agriculture-related professionals
by approved organizations.
(b) We will operate the student educational employment program as part
of our Indian agriculture education
programs in accordance with the provisions of 5 CFR 213.3202(a) and (b).
(c) We will establish an education
committee to coordinate and carry out
the agriculture education assistance
programs and to select participants for
all agriculture education assistance
programs. The committee will include
at least one Indian professional educator in the field of natural resources or
agriculture, a personnel specialist, a
representative of the Intertribal Agriculture Council, and a natural resources or agriculture professional
from the BIA and a representative from
American Indian Higher Education
Consortium. The committee’s duties
will include the writing of a manual for
the Indian and Alaska Native Agriculture Education and Assistance Programs.
(d) We will monitor and evaluate the
agriculture education assistance programs to ensure that there are adequate Indian and Alaska Native nat-

ural resources and agriculture-related
professionals to manage Indian natural
resources and agriculture programs by
or for tribes and Alaska Native Corporations. We will identify the number
of participants in the intern, student
educational
employment
program,
scholarship, and outreach programs;
the number of participants who completed the requirements to become a
natural resources or agriculture-related professional; and the number of
participants completing advanced degree requirements.
§ 166.901 How will the BIA select an
agriculture intern?
(a) The purpose of the agriculture intern program is to ensure the future
participation of trained, professional
Indians and Alaska Natives in the management of Indian and Alaska Native
agricultural land. In keeping with this
purpose, we will work with tribes and
Alaska Natives:
(1) To obtain the maximum degree of
participation from Indians and Alaska
Natives in the agriculture intern program;
(2) To encourage agriculture interns
to complete an undergraduate degree
program in natural resources or agriculture-related field; and
(3) To create an opportunity for the
advancement of natural resources and
agriculture-related technicians to professional resource management positions with the BIA, other federal agencies providing an agriculture service to
their respective tribe, a tribe, or tribal
agriculture enterprise.
(b) Subject to restrictions imposed by
agency budgets, we will establish and
maintain in the BIA at least 20 positions for the agriculture intern program. All Indians and Alaska Natives
who satisfy the qualification criteria
may compete for positions.
(c) Applicants for intern positions
must meet the following criteria:
(1) Be eligible for Indian preference
as defined in 25 CFR part 5;
(2) Possess a high school diploma or
its recognized equivalent;
(3) Be able to successfully complete
the intern program within a three-year
period; and
(4) Possess a letter of acceptance to
an accredited post-secondary school or

596

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00606

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

Bureau of Indian Affairs, Interior

§ 166.903

demonstrate that one will be sent within 90 days.
(d) We will advertise vacancies for
agriculture intern positions semi-annually, no later than the first day of
April and October, to accommodate
entry into school.
(e) In selecting agriculture interns,
we will seek to identify candidates
who:
(1) Have the greatest potential for
success in the program;
(2) Will take the shortest time period
to complete the intern program; and
(3) Provide the letter of acceptance
required by paragraph (c)(4) of this section.
(f) Agriculture interns must:
(1) Maintain full-time status in an
agriculture-related curriculum at an
accredited post-secondary school;
(2) Maintain good academic standing;
(3) Enter into an obligated service
agreement to serve as a professional resource manager or agriculture-related
professional with an approved organization for one year in exchange for
each year in the program; and
(4) Report for service with the approved organization during any break
in attendance at school of more than
three weeks.
(g) The education committee will
evaluate annually the performance of
the agriculture intern program participants against requirements to ensure
that they are satisfactorily progressing
toward completion of program requirements.
(h) We will pay all costs for tuition,
books, fees, and living expenses incurred by an agriculture intern while
attending an accredited post-secondary
school.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.902 How can I become an agriculture educational employment
student?
(a) To be considered for selection, applicants for the student educational
employment program must:
(1) Meet the eligibility requirements
in 5 CFR part 308; and
(2) Be accepted into or enrolled in a
course of study at an accredited postsecondary institution which grants degrees in natural resources or agriculture-related curricula.

(b) Student educational employment
steering committees established at the
field level will select program participants based on eligibility requirements
without regard to applicants’ financial
needs.
(c) A recipient of assistance under
the student educational employment
program will be required to enter into
an obligated service agreement to
serve as a natural resources or agriculture-related professional with an approved organization for one year in exchange for each year in the program.
(d) We will pay all costs of tuition,
books, fees, and transportation to and
from the job site to school, for an Indian or Alaska Native student who is
selected for the cooperative education
program.
§ 166.903 How can I get an agriculture
scholarship?
(a) We may grant agriculture scholarships to Indians and Alaska Natives
enrolled as full-time students in accredited post-secondary and graduate
programs of study in natural resources
and agriculture-related curricula.
(b) The education committee established in § 166.900(c) of this subpart will
select program participants based on
eligibility requirements stipulated in
paragraphs (e) through (g) of this section without regard to applicants’ financial needs or past scholastic
achievements.
(c) Recipients of scholarships must
reapply annually to continue to receive
funding beyond the initial award period. Students who have received scholarships in past years, are in good academic standing, and have been recommended for continuation by their
academic institution will be given priority over new applicants for scholarship assistance.
(d) The amount of scholarship funds
an individual is awarded each year will
be contingent upon the availability of
funds appropriated each fiscal year and
is subject to yearly change.
(e) Preparatory scholarships may be
available for a maximum of three academic years of general, undergraduate
course work leading to a degree in natural resources or agriculture-related
curricula and may be awarded to individuals who:

597

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00607

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

§ 166.904

25 CFR Ch. I (4–1–15 Edition)

(1) Possess a high school diploma or
its recognized equivalent; and
(2) Are enrolled and in good academic
standing at an acceptable post-secondary school.
(f) Undergraduate scholarships are
available for a maximum of three academic years and may be awarded to individuals who:
(1) Have completed a minimum of 55
semester hours toward a bachelor’s degree in a natural resources or agriculture-related curriculum; and
(2) Have been accepted into a natural
resource or agriculture-related degreegranting program at an accredited college or university.
(g) Graduate scholarships are available for a maximum of five academic
years for individuals selected into the
graduate program of an accredited college or university that grants advanced
degrees in natural resources or agriculture-related fields.
(h) A recipient of assistance under
the scholarship program must enter
into an obligated service agreement to
serve as a natural resources or agriculture-related professional with the
BIA, other federal agency providing assistance to their respective tribe, a
tribe, tribal agriculture enterprise, or
an ANCSA Corporation for one year for
each year in the program.
(i) We will pay all scholarships approved by the education committee established in § 166.900 of this subpart for
which funding is available.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.904 What is agriculture
cation outreach?

edu-

(a) We will establish and maintain an
agriculture education outreach program for Indian and Alaska Native
youth that will:
(1) Encourage students to acquire
academic skills needed to succeed in
post-secondary
mathematics
and
science courses;
(2) Promote agriculture career awareness;
(3) Involve students in projects and
activities oriented to agriculture related professions early so students realize the need to complete required
pre-college courses; and
(4) Integrate Indian and Alaska Native agriculture program activities

into the education of Indian and Alaska Native students.
(b) We will develop and carry out the
program in consultation with appropriate community education organizations, tribes, ANCSA Corporations,
Alaska Native organizations, and other
federal agencies providing agriculture
services to Indians.
(c) The education committee established under § 166.900(c) of this subpart
will coordinate and implement the program nationally.
§ 166.905 Who can get assistance for
postgraduate studies?
(a) The purpose of the postgraduate
studies program is to enhance the professional and technical knowledge of
Indian and Alaska Native natural resource and agriculture-related professionals working for an approved organization so that the best possible service is provided to Indian and Alaska
Natives.
(b) We may pay the cost of tuition,
fees, books, and salary of Alaska Natives and Indians who are employed by
an approved organization and who wish
to pursue advanced levels of education
in natural resource or agriculture-related fields.
(c) The goal of the advanced study
program is to encourage participants
to obtain additional academic credentials such as a degree or diploma in a
natural resources or agriculture-related field. Requirements of the postgraduate study program are:
(1) The duration of course work cannot be less than one semester or more
than three years; and
(2) Students in the postgraduate
studies program must meet performance standards as required by the graduate school offering the study program.
(d) Program applicants must submit
application packages to the education
committee. At a minimum, such packages must contain a resume and an endorsement signed by the applicant’s supervisor clearly stating the need for
and benefits of the desired training.
(e) The education committee must
use the following criteria to select participants:
(1) Need for the expertise sought at
both the local and national levels;

598

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00608

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

Bureau of Indian Affairs, Interior

§ 166.908

(2) Expected benefits, both locally
and nationally; and
(3) Years of experience and the service record of the employee.
(f) Program participants will enter
into an obligated service agreement to
serve as a natural resources or agriculture-related professional with an approved organization for one year for
each year in the program. We may reduce the obligated service requirement
if the employee receives supplemental
funding such as research grants, scholarships, or graduate stipends and, as a
result, reduces the need for financial
assistance under this part. If the obligated service agreement is breached,
we will collect the amount owed us in
accordance with § 166.910 of this subpart.
§ 166.906 What can happen if we recruit you after graduation?
(a) The purpose of the post graduation recruitment program is to recruit
Indian and Alaska Native natural resource and trained agriculture technicians into the agriculture programs of
approved organizations.
(b) We may assume outstanding student loans from established lending institutions of Indian and Alaska Native
natural resources and agriculture technicians who have successfully completed a post-secondary natural resources or agriculture-related curriculum at an accredited institution.
(c) Indian and Alaska Natives receiving benefits under this program will
enter into an obligated service agreement in accordance with § 166.901 of
this subpart. Obligated service required
under this program will be one year for
every $5,000 of student loan debt repaid.
(d) If the obligated service agreement
is breached, we will collect student
loan(s) in accordance with § 166.910 of
this subpart.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.907

Who can be an intern?

(a) Natural resources or agriculture
personnel working for an approved organization may apply for an internship
within agriculture-related programs of
agencies of the Department of the Interior or other federal agencies providing
an agriculture service to their respective reservations.

(b) Natural resources or agriculturerelated personnel from other Department of the Interior agencies may
apply through proper channels for ‘‘internships’’ within the BIA’s agriculture
programs. With the consent of a tribe
or Alaska Native organization, the BIA
can arrange for an Intergovernmental
Personnel Act assignment in tribal or
Alaska Native agriculture programs.
(c) Natural resources and agriculture
personnel from agencies not within the
Department of the Interior may apply,
through proper agency channels and
pursuant to an interagency agreement,
for an ‘‘internship’’ within the BIA
and, with the consent of a tribe or
Alaska Native organization, we can facilitate an Intergovernmental Personnel Act assignment in a tribe, tribal
agriculture enterprise, or Alaska Native Corporation.
(d) Natural resources or agriculture
personnel from a tribe, tribal agriculture enterprise, or Alaska Native
Corporation may apply, through proper
channels and pursuant to a cooperative
agreement, for an internship within another tribe, tribal forest enterprise, or
ANCSA Corporation agriculture program.
(e) The employing agency of participating federal employees will provide
for the continuation of salary and benefits.
(f) The host agency for participating
tribal, tribal agriculture enterprise, or
Alaska Native Corporation agriculture
employees will provide for salaries and
benefits.
(g) A bonus pay incentive, up to 25
percent (%) of the intern’s base salary,
may be provided to intergovernmental
interns at the conclusion of the internship period. Bonus pay incentives will
be at the discretion of and funded by
the host organization and must be conditioned upon the host agency’s documentation of the intern’s superior performance, in accordance with the agency’s performance standards, during the
internship period.
§ 166.908 Who can participate in continuing education and training?
(a) The purpose of continuing education and training is to establish a
program to provide for the ongoing

599

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00609

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

§ 166.909

25 CFR Ch. I (4–1–15 Edition)

education and training of natural resources and agriculture personnel employed by approved organizations. This
program will emphasize continuing
education and training in three areas:
(1) Orientation training including
tribal-federal relations and responsibilities;
(2) Technical agriculture education;
and
(3) Developmental training in agriculture-based enterprises and marketing.
(b) We will maintain an orientation
program to increase awareness and understanding of Indian culture and its
effect on natural resources management and agriculture practices and on
federal laws that effect natural resources management and agriculture
operations and administration in the
Indian agriculture program.
(c) We will maintain a continuing
technical natural resources and agriculture education program to assist
natural resources managers and agriculture-related professionals to perform natural resources and agriculture
management on Indian land.
(d) We will maintain an agriculture
land-based enterprise and marketing
training program to assist with the development and use of Indian and Alaska Native agriculture resources.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.909 What are my obligations to
the BIA after I participate in an agriculture education program?
(a) Individuals completing agriculture education programs with an obligated service requirement may be offered full time permanent employment
with an approved organization to fulfill
their obligated service within 90 days
of the date all program education requirements have been completed. If
employment is not offered within the
90-day period, the student will be relieved of obligated service requirements. Not less than 30 days before the
start of employment, the employer
must notify the participant of the

work assignment, its location and the
date work must begin. If the employer
is other than the BIA, the employer
must also notify us.
(b) Employment time that can be
credited toward obligated service requirement will begin the day after all
program education requirements have
been completed, with the exception of
the agriculture intern program which
includes the special provisions outlined
in § 166.901(f)(4) of this subpart. The
minimum service obligation period will
be one year of full time employment.
(c) The employer has the right to designate the location of employment for
fulfilling the service obligation.
(d) A participant in any of the agriculture education programs with an obligated service requirement may, within 30 days of completing all program
education requirements, request a
deferment of obligated service to pursue postgraduate or post-doctoral studies. In such cases, we will issue a decision within 30 days of receipt of the request for deferral. We may grant such a
request; however, deferments granted
in no way waive or otherwise affect obligated service requirements.
(e) A participant in any of the agriculture education programs with an obligated service requirement may, within 30 days of completing all program
education requirements, request a
waiver of obligated service based on
personal or family hardship. We may
grant a full or partial waiver or deny
the request for wavier. In such cases,
we will issue a decision within 30 days
of receiving the request for waiver.
§ 166.910 What happens if I do not fulfill my obligation to the BIA?
(a) Any individual who accepts financial support under agriculture education programs with an obligated
service requirement, and who does not
accept employment or unreasonably
terminates employment must repay us
in accordance with the following table:

If you are...

Then the costs that you must repay are...

And then the costs that you do not need to
repay are...

(1) Agriculture intern .......

Living allowance, tuition, books, and fees received while occupying position plus interest.

Salary paid during school breaks or when recipient was employed by an approved organization.

(2) Cooperative education
(3) Scholarship ................

Tuition, books, and fees plus interest.
Costs of scholarship plus interest.

600

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00610

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31

Bureau of Indian Affairs, Interior
If you are...
(4) Post graduation recruitment.
(5) Postgraduate studies

§ 167.1

Then the costs that you must repay are...
All student loans assumed by us under the program plus interest.
Living allowance, tuition, books, and fees received while in the program plus interest.

(b) For agriculture education programs with an obligated service requirement, we will adjust the amount
required for repayment by crediting toward the final amount of debt any obligated service performed before breach
of contract.

Subpart K—Records
§ 166.1000 Who owns the records associated with this part?
(a) Records are the property of the
United States if they:
(1) Are made or received by a tribe or
tribal organization in the conduct of a
federal trust function under 25 U.S.C.
§ 450f et seq., including the operation of
a trust program; and
(2) Evidence the organization, functions, policies, decisions, procedures,
operations, or other activities undertaken in the performance of a federal
trust function under this part.
(b) Records not covered by paragraph
(a) of this section that are made or received by a tribe or tribal organization
in the conduct of business with the Department of the Interior under this
part are the property of the tribe.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 166.1001 How must a records associated with this part be preserved?
(a) Any organization, including tribes
and tribal organizations, that have
records identified in § 166.1000(a) of this
part must preserve the records in accordance with approved Departmental
records retention procedures under the
Federal Records Act, 44 U.S.C. Chapters 29, 31 and 33. These records and related records management practices
and safeguards required under the Federal Records Act are subject to inspection by the Secretary and the Archivist
of the United States.
(b) A tribe or tribal organization
should preserve the records identified
in § 166.1000(b) of this part for the period of time authorized by the Archi-

And then the costs that you do not need to
repay are...

Salary paid during school breaks or when recipient was employed by an approved organization.

vist of the United States for similar
Department of the Interior records in
accordance with 44 U.S.C. Chapter 33. If
a tribe or tribal organization does not
preserve records associated with its
conduct of business with the Department of the Interior under this part, it
may prevent the tribe or tribal organization from being able to adequately
document essential transactions or furnish information necessary to protect
its legal and financial rights or those
of persons directly affected by its activities.

PART 167—NAVAJO GRAZING
REGULATIONS
Sec.
167.1 Authority.
167.2 General regulations.
167.3 Objectives.
167.4 Regulations; scope; exceptions.
167.5 Land management districts.
167.6 Carrying capacities.
167.7 Records.
167.8 Grazing rights.
167.9 Grazing permits.
167.10 Special grazing permits.
167.11 Tenure of grazing permits.
167.12 Grazing fees.
167.13 Trespass.
167.14 Movement of livestock.
167.15 Control of livestock disease and introduction of livestock.
167.16 Fences.
167.17 Construction near permanent livestock water developments.
AUTHORITY: R.S. 465, 2117, as amended, sec.
3, 26 Stat. 795, sec. 1, 28 Stat. 305, as amended; 25 U.S.C. 9, 179, 397, 345, 402.
SOURCE: 22 FR 10578, Dec. 24, 1957, unless
otherwise noted. Redesignated at 47 FR 13327,
Mar. 30, 1982.

§ 167.1 Authority.
It is within the authority of the Secretary of the Interior to protect Indian
tribal lands against waste. Subject to
regulations of this part, the right exists for Indian tribes to authorize the
granting of permits upon their tribal

601

VerDate Sep<11>2014

15:43 May 06, 2015

Jkt 235087

PO 00000

Frm 00611

Fmt 8010

Sfmt 8010

Q:\25\25V1.TXT

31