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e-CFR data is current as of September 18, 2020

Title 25Chapter ISubchapter HPart 166 → Subpart E


Title 25: Indians
PART 166—GRAZING PERMITS


Subpart E—Grazing Rental Rates, Payments, and Late Payment Collections


Contents

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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Rental Rate Determination and Adjustment

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§166.400   Who establishes grazing rental rates?

(a) For tribal lands, a tribe may establish a grazing rental rate that is less or more than the grazing rental rate established by us. We will assist a tribe to establish a grazing rental rate by providing the tribe with available information concerning the value of grazing on tribal lands.

(b) We will establish the grazing rental rate by determining the fair annual rental for:

(1) Individually-owned Indian lands; and

(2) Tribes that have not established a rate under paragraph (a) of this section.

(c) Indian landowners may give us written authority to grant grazing privileges on their individually-owned Indian land at a grazing rental rate that is:

(1) Above the grazing rental rate set by us; or

(2) Below the grazing rental rate set by us, subject to our approval, when the permittee is a member of the Indian landowner's immediate family as defined in this part.

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§166.401   How does the BIA establish grazing rental rates?

An appraisal can be used to determine the rental value of real property. The development and reporting of the valuation will be completed in accordance with the Uniform Standards of Professional Appraisal Practices (USPAP). If an appraisal is not desired, competitive bids, negotiations, advertisements, or any other method can be used in conjunction with a market study, rent survey, or feasibility analysis developed in accordance with the USPAP.

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§166.402   Why must the BIA determine the fair annual rental of Indian land?

The BIA must determine the fair annual rental of Indian land to:

(a) Assist the Indian landowner in negotiating a permit with potential permittees; and

(b) Enable us to determine whether a permit is in the best interests of the Indian landowner.

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§166.403   Will the BIA ever grant or approve a permit at less than fair annual rental?

(a) We will grant a permit for grazing on individually-owned Indian land at less than fair annual rental if, after competitive bidding of the permit, we determine that such action would be in the best interests of the individual Indian landowners.

(b) We may approve a permit for grazing on individually-owned Indian land at less than fair annual rental if:

(1) The permit is for the Indian landowner's immediate family or co-owner; or

(2) We determine it is in the best interest of the Indian landowners.

(c) We may approve a permit for grazing on tribal land at less than fair annual rental if the tribe sets the rate.

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§166.404   Whose grazing rental rate will be applicable for a permit on tribal land?

The following grazing rental rate schedule will apply for tribal land:

If you are *  *  *And if *  *  *Then you will pay *  *  *
(a) Grazing livestock on tribal landThe tribe established the grazing rental rateThe rate set by the tribe.
(b) Grazing livestock on tribal landNo tribal grazing rental rate has been establishedThe rate set by the BIA.
(c) The successful bidder for use of any of these specific parcels of Indian landYour rental rate bid, but not less than the minimum bid rate advertised.

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§166.405   Whose grazing rental rate will be applicable for a permit on individually-owned Indian land?

The following grazing rental rate schedule will apply for individually-owned Indian land:

If you are *  *  *Then you will pay *  *  *
(a) Grazing livestock on Individually-owned Indian landThe rate set by the BIA or by the individual Indian landowner and approved by us.
(b) The successful bidder for use of any of these specific parcels of Indian landYour rental rate bid, but not less than the minimum bid rate advertised, unless the permit is granted at less than fair annual rental under §166.403.
(c) The recipient of an allocation from a bid unitThe bid rate or the appraised rate, whichever is higher.

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§166.406   Whose grazing rental rate will be applicable for a permit on government land?

The following grazing rental rate schedule will apply for government land:

If you are *  *  *And if *  *  *Then you will pay *  *  *
(a) Grazing livestock on government landThe tribe has control over the land or the tribe has authority to set the rateThe rate set by the tribe.
(b) Grazing livestock on government landGovernment controls all use of the landThe rate set by the BIA.

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§166.407   If a range unit consists of tribal and individually-owned Indian lands, what is the grazing rental rate?

The grazing rental rate for tribal land will be the rate set by the tribe. The grazing rental rate for individually-owned Indian land will be the grazing rental rate set by us.

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§166.408   Is the grazing rental rate established by the BIA adjusted periodically?

Yes. To ensure that Indian landowners are receiving the fair annual return, we may adjust the grazing rental rate established by the BIA, based upon an appropriate valuation method, taking into account the value of improvements made under the permit, unless the permit provides otherwise, following the Uniform Standards of Professional Appraisal Practice.

(a) We will:

(1) Review the grazing rental rate prior to each anniversary date or when specified by the permit.

(2) Provide you with written notice of any adjustment of the grazing rental rate 60 days prior to each anniversary date.

(3) Allow the adjusted grazing rental rate to be less than the fair annual rental if we determine that such a rate is in the best interest of the Indian landowner.

(b) If adjusted, the grazing rental rate will become effective on the next anniversary date of the permit.

(c) These adjustments will be retroactive, if they are not made at the time specified in the permit.

(d) For permits granted by tribes, we will consult with the granting tribe to determine whether an adjustment of the grazing rental payment should be made. The permit must be modified to document the granting tribe's waiver of the adjustment. A tribe may grant a permit without providing for a rental adjustment, if the tribe establishes such a policy under §166.100(a)(4) of this part and negotiates such a permit.

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Rental Payments

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§166.409   How is my grazing rental payment determined?

The grazing rental payment is the total of the grazing rental rate multiplied by the number of AUMs or acres covered by the permit.

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§166.410   When are grazing rental payments due?

The initial grazing rental payment is due and payable as specified in the permit or 15 days after the BIA approves the permit, whichever is later. Subsequent payments are due as specified in the permit.

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§166.411   Will a permittee be notified when a grazing rental payment is due?

Each permit states the schedule of rental payments agreed to by the parties. We will issue an invoice to the permittee 30 to 60 days prior to the rental payment due date.

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§166.412   What if the permittee does not receive an invoice that a grazing rental payment is due?

If we fail to send an invoice or if we send an invoice and the permittee does not receive it, the permittee is still responsible for making timely payment of all amounts due under the permit.

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§166.413   To whom are grazing rental payments made?

(a) A permit must specify whether grazing rental payments will be made directly to the Indian landowners or to us on behalf of the Indian landowners. If the permit provides for payment to be made directly to the Indian landowners, the permit must also require that the permittee retain specific documentation evidencing proof of payment, such as canceled checks, cash receipt vouchers, or copies of money orders or cashier's checks, consistent with the provisions of §§166.1000 and 166.1001 of this part.

(b) Grazing rental payments made directly to the Indian landowners must be made to the parties specified in the permit, unless the permittee receives a notice of a change of ownership. Unless otherwise provided in the permit, grazing rental payments may not be made payable directly to anyone other than the Indian landowners.

(c) A permit which provides for grazing rental payments to be made directly to the Indian landowners must also provide for such payments to be suspended and rent thereafter paid to us, rather than directly than to the Indian landowners, if:

(1) An Indian landowner dies;

(2) An Indian landowner requests that payment be made to us;

(3) An Indian landowner is found by us to be in need of assistance in managing his/her financial affairs; or

(4) We determine, in our discretion and after consultation with the Indian landowner(s), that direct payment should be discontinued.

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§166.414   What forms of grazing rental payments are acceptable?

(a) When grazing rental payments are made directly to the Indian landowners, the form of payment must be acceptable to the Indian landowners.

(b) Payments made to us may be delivered in person or by mail. We will not accept cash, foreign currency, or third-party checks. We will accept:

(1) Personal or business checks drawn on the account of the permittee;

(2) Money orders;

(3) Cashier's checks;

(4) Certified checks; or

(5) Electronic funds transfer payments.

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§166.415   What will the BIA do if the permittee fails to make a direct payment to an Indian landowner?

Within five business days of the Indian landowner's notification to us that a payment has not been received, we will contact the permittee either in writing or by telephone requesting that the permittee provide documentation (e.g., canceled check, cash receipt voucher, copy of a money order or cashier's check) showing that payment has been made to the Indian landowner. If the permitee fails to provide such documentation, we will follow the procedures identified in §166.419 of this part to collect the money on behalf of the Indian landowner or to cancel the permit.

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§166.416   May a permittee make a grazing rental payment in advance of the due date?

Rent may be paid no more than 30 days in advance, unless otherwise specified in the permit.

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§166.417   May an individual Indian landowner modify the terms of the permit on a fractionated tract for advance grazing rental payment?

No. An individual Indian landowner of a fractionated tract may not modify a permit to allow a grazing rental payment in advance of the due date specified in the initial approved permit.

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§166.418   When is a grazing rental payment late?

A grazing rental payment is late if it is not received on or before the due date.

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Late Rental Payment Collections

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§166.419   What will the BIA do if grazing rental payments are not made in the time and manner required by the permit?

(a) A permitee's failure to pay grazing rental payments in the time and manner required by a permit will be a violation of the permit, and a notice of violation will be issued under §166.703 of this part. If the permit requires that grazing rental payments be made to us, we will send the permittee and its sureties a notice of violation within five business days of the date on which the grazing rental payment was due. If the permit provides for payment directly to the Indian landowner(s), we will send the permittee and its sureties a notice of violation within five business days of the date on which we receive actual notice of non-payment from the Indian landowner(s).

(b) If a permittee fails to provide adequate proof of payment or cure the violation within the requisite time period described in §166.704 of this part, and the amount due is not in dispute, we may immediately take action to recover the amount of the unpaid rent and any associated interest charges or late payment penalties. We may also cancel the permit under §166.705 of this part, or invoke any other remedies available under the permit or applicable law, including collection on any available bond or referral of the debt to the Department of the Treasury for collection. An action to recover any unpaid amounts will not be conditioned on the prior cancellation of the permit or any further notice to the permittee, nor will such an action be precluded by a prior cancellation.

(c) Partial payments may be accepted, under special circumstances, by the Indian landowners or us, but acceptance will not operate as a waiver with respect to any amounts remaining unpaid or any other existing permit violations. Unless otherwise provided in the permit, overpayments may be credited as an advance against future grazing rental payments.

(d) If a personal or business check is dishonored, and a grazing rental payment is therefore not made by the due date, the failure to make the payment in a timely manner will be a violation of the permit, and a written notice of violation will be issued under §166.703 of this part. Any payment made to cure such a default, and any future payments by the same permittee, must be made by one of the alternative payment methods listed in §166.414(b) of this part.

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§166.420   Will any special fees be assessed on delinquent grazing rental payments due under a permit?

The following special fees will be assessed if a grazing rental payment is not paid in the time and manner required, in addition to any interest or late payment penalties which must be paid to the Indian landowners under a permit. The following special fees will be assessed to cover administrative costs incurred by the United States in the collection of the debt:

The permittee will pay *  *  * For *  *  *
(a) $50.00Administrative fee for checks returned by the bank for insufficient funds.
(b) $15.00Administrative fee for the BIA processing of each demand letter.
(c) 18% of balance dueAdministrative fee charged by the Department of Treasury for collection.

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§166.421   If a permit is canceled for non-payment, does that extinguish the permittee's debt?

No. The permittee remains liable for any delinquent payment. No future permits will be issued until all outstanding debts related to Indian agricultural lands are paid.

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Compensation to Indian Landowners

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§166.422   What does the BIA do with grazing rental payments received from permittees?

Unless arrangements for direct payment to the Indian landowners has been provided, the rent will be deposited to the appropriate account maintained by the Office of Trust Funds Management in accordance with part 115 of this title.

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§166.423   How do Indian landowners receive grazing rental payments that the BIA has received from permittees?

Funds will be paid to the Indian landowners by the Office of Trust Funds Management in accordance with 25 CFR part 115.

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§166.424   How will the BIA determine the grazing rental payment amount to be distributed to each Indian landowner?

Unless otherwise specified in the permit, the grazing rental payment will be distributed to each Indian landowner according to the forage production that each parcel of Indian land contributes to the permit, annual rental rate of each parcel, and the Indian landowner's interest in each parcel.

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