[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 25CFR168.1]



[Page 529-530]

 

                            TITLE 25--INDIANS

 

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

 

PART 168_GRAZING REGULATIONS FOR THE HOPI PARTITIONED LANDS AREA

--Table of Contents

 

Sec.  168.1  Definitions.









Sec.

168.1 Definitions.

168.2 Authority.

168.3 Purpose.

168.4 Establishment of range units.

168.5 Grazing capacity.

168.6 Grazing on range units authorized by permit.

168.7 Kind of livestock.

168.8 Grazing fees.

168.9 Assignment, modification and cancellation of permits.

168.10 Conservation and land use provisions.

168.11 Range improvements; ownership; new construction.

168.12 Special permit requirements and provisions.

168.13 Fences.

168.14 Livestock trespass.

168.15 Control of livestock diseases and parasites.

168.16 Impoundment and disposal of unauthorized livestock.

168.17 Concurrence procedures.

168.18 Appeals.

168.19 Information collection.



    Authority: 5 U.S.C. 301; 25 U.S.C. 2, 640d-8, and 640d-18.



    Source: 47 FR 39817, Sept. 10, 1982, unless otherwise noted.





    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



[[Page 530]]



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 

Sec.  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.