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e-CFR data is current as of September 17, 2020

Title 25Chapter ISubchapter HPart 168 → §168.1


Title 25: Indians
PART 168—GRAZING REGULATIONS FOR THE HOPI PARTITIONED LANDS AREA


§168.1   Definitions.

As used in this part, terms shall have the meanings set forth in this section.

(a) Secretary means the Secretary of Interior or his designee;

(b) Area Director means the officer in charge of the Phoenix Bureau of Indian Affairs Area Office (or his successor; and/or his authorized representative) to whom has been delegated the authority of the Assistant Secretary—Indian Affairs to act in all matters pertaining to lands partitioned to the Hopi Tribe under its jurisdiction, within the boundaries of the former Joint Use Area.

(c) Superintendent means the Superintendent, Hopi Agency or his designee.

(d) Tribal Government means the Hopi Tribal Council, or its duly designated representative.

(e) Project Officer means the former Special Project Officer of the Bureau of Indian Affairs, Administrative Office, Flagstaff, Arizona 86001, who had been delegated the authority of the Commissioner of Indian Affairs to act in matters respecting the former Joint Use Area.

(f) Former Joint Use Area means the area established by the United States District Court for the District of Arizona in the case entitled Healing v. Jones, 210 F. Supp. 125 (1962), which is inside the Executive order area (Executive order of December 16, 1882) but outside Land Management District 6 and which was partitioned by the judgment of partition dated April 18, 1979.

(g) Hopi Partition Area means that portion of the Former Joint Use Area which has been added to the Hopi Tribe's reservation.

(h) Range Unit means a tract of range land designated as a management unit for administration of grazing.

(i) Range improvements means fences, stockwater devices, corrals, trails and other similar devices or practices which are applied to the land to enhance range productivity or usability.

(j) Permit means a revocable privilege granted in writing limited to entering on and utilizing forage by domestic livestock on a specified tract of land. The term as used herein shall include written authorizations issued to enable the crossing or trailing of domestic livestock across specified tracts or range units.

(k) Interim permit means a permit granted to members of the Navajo tribe residing on Hopi Partitioned Lands who meet the qualifications of §168.6(b) in accordance with Pub. L. 93-531 as amended.

(l) Animal unit (AU) means one adult cow with unweaned calf by her side or equivalent thereof based on comparative forage consumption. Accepted conversion factors are: sheep and goats, one ewe, doe, buck or ram equals 0.25 A.U.; one sheep unit year long (SUYL) equals 0.25 Animal Unit year long; horses and mules, one horse, mule, donkey or burro equals 1.25 A.U.

(m) Tribe means the Hopi Tribe including all villages and clans.

(n) Allocate means to apportion grazing, including the determination of who may graze livestock, the number and kind of livestock, and the place such livestock will be grazed.

(o) Person awaiting relocation means a resident of the Hopi Partitioned Area who meets each of the following criteria:

(1) Is listed on the Bureau of Indian Affairs enumeration (as defined in (q) below);

(2) Has a livestock inventory listed with the project Officer (see (r) below);

(3) Is awaiting relocation under the Settlement Act; and

(4) Was grazing livestock on the date of the entry of the Judgment of Partition, April 18, 1979.

(p) Carrying capacity means the maximum stocking rate possible without inducing damage to vegetation or related resources.

(q) BIA enumeration means the list of persons living on and improvements located within the former Joint Use Area obtained by interviews by the Project Officer's staff.

(r) Livestock inventory means the original list as amended (developed by the Project Officer in 1976-77) of livestock owned by persons having customary grazing use in the former Joint Use Area.

(s) Settlement Act means the Act of December 22, 1974, 88 Stat. 1712, as amended.

(t) Life tenant means a person who has applied for and been granted a life estate lease pursuant to section 30 of the Settlement Act, 25 U.S.C. 640d-28.

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