25 C.F.R. PART 166--GRAZING PERMITS


TITLE 25--Indians

CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

SUBCHAPTER H--LAND AND WATER

PART 166--GRAZING PERMITS

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Subpart A--PURPOSE, SCOPE, AND DEFINITIONS

�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?
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Subpart B--TRIBAL POLICIES AND LAWS PERTAINING TO PERMITS

�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?
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Subpart C--PERMIT 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?
�166.215
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?
�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?
�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?
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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 non-trust rangelands not covered by the 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?
�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?
�166.311
Is an Indian agricultural resource management plan required?
�166.312
Is a conservation plan required?
�166.313
Is environmental compliance required?
�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?
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Subpart E--GRAZING RENTAL RATES, PAYMENTS, AND LATE PAYMENT COLLECTIONS

�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 individually-owned 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?
�166.409
How is my grazing rental payment determined?
�166.410
When are grazing rental payments due?
�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?
�166.419
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?
�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?
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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?
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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?
�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?
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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?
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Subpart I--TRESPASS

�166.800
What is trespass?
�166.801
What is the BIA's trespass policy?
�166.802
Who can enforce this subpart?
�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?
�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?
�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?
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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?
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Subpart K--RECORDS

�166.1000
Who owns the records associated with this part?
�166.1001
How must a records associated with this part be preserved?
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