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Title 25Chapter ISubchapter HPart 166

TITLE 25—Indians






What is the purpose and scope of this part?
Can the BIA waive the application of these regulations?
May decisions under this part be appealed?
What terms do I need to know?


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


General Requirements

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

Obtaining A Permit

How can I find Indian land available for grazing?
Who is responsible for permitting Indian land?
In what manner may a permit on Indian land be granted?
How do I acquire a permit through tribal allocation?
How do I acquire a permit through negotiation?
What are the basic steps for acquiring a permit through negotiation?
How do I acquire an advertised permit through competitive bidding?
Are there standard permit forms?

Permit (Leasehold) Mortgage

Can I use a permit as collateral for a loan?
What factors does the BIA consider when reviewing a leasehold mortgage?
May a permittee voluntarily assign a leasehold interest under an approved encumbrance?
May the holder of a leasehold mortgage assign the leasehold interest after a sale or foreclosure of an approved encumbrance?

Modifying a Permit

How can Indian land be removed from an existing permit?
How will the BIA provide notice if Indian land is removed from an existing permit?
Other than to remove land, how can a permit be amended, assigned, subpermitted, or mortgaged?
When will a BIA decision to approve an amendment, assignment, subpermit, or mortgage under a permit be effective?
Must an amendment, assignment, subpermit, or mortgage approved under a permit be recorded?


How is Indian agricultural land managed?
How is Indian land for grazing purposes described?
How is a range unit created?
Can more than one parcel of Indian land be combined into one permit?
Can there be more than one permit for each range unit?
When is grazing capacity determined?
Can the BIA adjust the grazing capacity?
Will the grazing capacity be increased if I graze adjacent trust or non-trust rangelands not covered by the permit?
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?
Who determines livestock class and livestock ownership requirements on permitted Indian land?
What must a permittee do to protect livestock from exposure to disease?

Management Plans and Environmental Compliance

Is an Indian agricultural resource management plan required?
Is a conservation plan required?
Is environmental compliance required?

Conservation Practices and Improvements

Can a permittee apply a conservation practice on permitted Indian land?
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?
Can a permittee construct improvements on permitted Indian land?
What happens to improvements constructed on Indian lands when the permit has been terminated?


Rental Rate Determination and Adjustment

Who establishes grazing rental rates?
How does the BIA establish grazing rental rates?
Why must the BIA determine the fair annual rental of Indian land?
Will the BIA ever grant or approve a permit at less than fair annual rental?
Whose grazing rental rate will be applicable for a permit on tribal land?
Whose grazing rental rate will be applicable for a permit on individually-owned Indian land?
Whose grazing rental rate will be applicable for a permit on government land?
If a range unit consists of tribal and individually-owned Indian lands, what is the grazing rental rate?
Is the grazing rental rate established by the BIA adjusted periodically?

Rental Payments

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

Late Rental Payment Collections

What will the BIA do if grazing rental payments are not made in the time and manner required by the permit?
Will any special fees be assessed on delinquent grazing rental payments due under a permit?
If a permit is canceled for non-payment, does that extinguish the permittee's debt?

Compensation to Indian Landowners

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


Are there administrative fees for a permit?
How are annual administrative fees determined?
Are administrative fees refundable?
May the BIA waive administrative fees?
Are there any other administrative or tribal fees, taxes, or assessments that must be paid?


Must a permittee provide a bond for a permit?
How is the amount of the bond determined?
What form of bonds will the BIA accept?
If cash is submitted as a bond, how is it administered?
Is interest paid on a cash performance bond?
Are cash performance bonds refunded?
What happens to a bond if a violation occurs?
Is insurance required for a permit?
What types of insurance may be required?


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


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


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


What actions does the BIA take against trespassers?
When will we impound unauthorized livestock or other property?
How are trespassers notified if their unauthorized livestock or other property are to be impounded?
What happens after my unauthorized livestock or other property are impounded?
How do I redeem my impounded livestock or other property?
How will the sale of impounded livestock or other property be conducted?

Penalties, Damages, and Costs

What are the penalties, damages, and costs payable by trespassers on Indian agricultural land?
How will the BIA determine the value of forage or crops consumed or destroyed?
How will the BIA determine the value of the products or property illegally used or removed?
How will the BIA determine the amount of damages to Indian agricultural land?
How will the BIA determine the costs associated with enforcement of the trespass?
What happens if I do not pay the assessed penalties, damages and costs?
How are the proceeds from trespass distributed?
What happens if the BIA does not collect enough money to satisfy the penalty?


How are the Indian agriculture education programs operated?
How will the BIA select an agriculture intern?
How can I become an agriculture educational employment student?
How can I get an agriculture scholarship?
What is agriculture education outreach?
Who can get assistance for postgraduate studies?
What can happen if we recruit you after graduation?
Who can be an intern?
Who can participate in continuing education and training?
What are my obligations to the BIA after I participate in an agriculture education program?
What happens if I do not fulfill my obligation to the BIA?


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

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