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Electronic Code of Federal Regulations

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e-CFR Data is current as of July 28, 2014

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

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?

Obtaining A Permit

§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

§166.223
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?
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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?

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?
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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 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?

Rental Payments

§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?

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

§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?

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?

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?
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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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