25 C.F.R. Subpart B—Tribal Policies and Laws Pertaining to Permits
Title 25 - Indians
Navajo Nation laws generally apply to land under the jurisdiction of the Navajo Nation, except to the extent that those Navajo Nation laws are inconsistent with this part or other applicable federal law. This part may be superseded or modified by Navajo Nation laws with Secretarial approval, however, so long as: (a) The Navajo Nation laws are consistent with the enacting Navajo Nation's governing documents; (b) The Navajo Nation has notified BIA of the superseding or modifying effect of the Navajo Nation laws; (c) The superseding or modifying of the regulation would not violate a federal statute or judicial decision, or conflict with the Secretary's general trust responsibility under federal law; and (d) The superseding or modifying of the regulation applies only to Navajo Partitioned Lands. (a) Unless prohibited by federal law, BIA will recognize and comply with tribal laws regulating activities on the Navajo Partitioned Lands, including tribal laws relating to land use, environmental protection, and historic or cultural preservation. (b) While the Navajo Nation is primarily responsible for enforcing tribal laws pertaining to the Navajo Partitioned Lands, BIA will: (1) Assist in the enforcement of Navajo Nation laws; (2) Provide notice of Navajo Nation laws to persons or entities undertaking activities on the Navajo Partitioned Lands; and (3) Require appropriate federal officials to appear in tribal forums when requested by the tribe, so long as the appearance would not: (i) Be inconsistent with the restrictions on employee testimony set forth at 43 CFR part 2, subpart E; (ii) Constitute a waiver of the sovereign immunity of the United States; or (iii) Authorize or result in a review of (BIA) actions by the tribal court. (c) Where the provisions in this subpart are inconsistent with a Navajo Nation law, but the provisions cannot be superseded or modified by the Navajo Nation laws under §161.5, BIA may waive the provisions under part 1 of 25 CFR, so long as the new waiver does not violate a federal statute or judicial decision or conflict with the Secretary's trust responsibility under federal law. (a) The Navajo Nation must provide BIA with an official copy of any tribal law or tribal policy that relates to this part. The Navajo Nation must notify BIA of the content and effective dates of tribal laws. (b) BIA will then notify affected permittees of the effect of the Navajo Nation law on their grazing permits. BIA will: (1) Provide individual written notice; or (2) Post public notice. This notice will be posted at the tribal community building, U.S. Post Office, announced on local radio station, and/or published in the local newspaper nearest to the permitted Navajo Partitioned Lands where activities are occurring.
Title 25: Indians
PART 161—NAVAJO PARTITIONED LANDS GRAZING PERMITS
Subpart B—Tribal Policies and Laws Pertaining to Permits
§ 161.100 Do tribal laws apply to grazing permits?
§ 161.101 How will tribal laws be enforced on the Navajo Partitioned Lands?
§ 161.102 What notifications are required that tribal laws apply to grazing permits on the Navajo Partitioned Lands?
