financial support under forestry education programs with an obligated service requirement and who does not accept employment or unreasonably terminates such employment by their own volition will be required to repay financial assistance as follows: (1) Forester intern program-Amount plus interest equal to the sum of all salary, tuition, books, and fees that the forester intern received while occupying the intern position. The amount of salary paid to the individual during breaks in attendance from school, when the individual was employed by the Bureau of Indian Affairs, a tribe, tribal forest enterprise, or ANCSA Corporation, shall not be included in this total. (2) Cooperative education programAmount plus interest equal to the sum of all tuition, books, and fees that the individual received under the cooperative education program. (3) Scholarship program—Amount plus interest equal to scholarship(s) provided to the individual under the scholarship program. (4) Postgraduation recruitment program-Amount plus interest equal to the sum of all the individual's student loans assumed by the Secretary under the postgraduation recruitment program. (5) Postgraduate studies program Amount plus interest equal to the sum of all salary, tuition, books, and fees that the individual received while in the postgraduate studies program. The amount of salary paid to that individual during breaks in attendance from school, when the individual was employed by the Bureau of Indian Affairs, a tribe, a tribal enterprise, or ANCSA Corporation, shall not be included in this total. (c) Adjustment of repayment for obligated service performed. Under forestry education programs with an obligated service requirement, the amount required for repayment will be adjusted by crediting time of obligated service performed prior to breach of contract toward the final amount of debt. Subpart D-Alaska Native § 163.60 Purpose and scope. (a) The Secretary shall provide a technical assistance program to ANCSA corporations to promote sustained yield management of their forest resources and, where practical and consistent with the economic objectives of the ANCSA Corporations, promote local processing and other valueadded activities. For the purpose of this subpart, technical assistance means specialized professional and technical help, advice or assistance in planning, and providing guidance, training and review for programs and projects associated with the management of, or impact upon, Indian forest land, ANCSA corporation forest land, and their related resources. Such technical assistance shall be made available through contracts, grants or agreements entered into in accordance with the Indian Self-Determination and Education Assistance Act (Pub. L. 93-638, as amended). (b) Nothing in this part shall be construed as: Affecting, modifying or increasing the responsibility of the United States toward ANCSA corporation forest land, or affecting or otherwise modifying the Federal trust responsibility towards Indian forest land; or requiring or otherwise mandating an ANCSA corporation to apply for a contract, grant, or agreement for technical assistance with the Secretary. Such applications are strictly voluntary. § 163.61 Evaluation committee. (a) The Secretary shall establish an evaluation committee to assess and rate technical assistance project proposals. This committee will include, at a minimum, local Bureau of Indian Affairs and Alaska Native representatives with expertise in contracting and forestry. § 163.62 Annual funding needs assessment and rating. (a) Each year, the Secretary will request a technical assistance project needs assessment from ANCSA corporations. The needs assessments will provide information on proposed project goals and estimated costs and benefits and will be rated by the evaluation committee established pursuant to $163.61 for the purpose of making funding recommendations to the Secretary. To the extent practicable, such recommendations shall achieve an equitable funding distribution between large and small ANCSA corporations and shall give priority for continuation of previously approved multi-year projects. (b) Based on the recommendations of the evaluation committee, the Secretary shall fund such projects, to the extent available appropriations permit. § 163.63 Contract, grant, or agreement application and award process. (a) At such time that the budget for ANCSA corporation technical assistance projects is known, the Secretary shall advise the ANCSA corporations on which projects were selected for funding and on the deadline for submission of complete and detailed contract, grant or agreement packages. (b) Upon the request of an ANCSA corporation and to the extent that funds and personnel are available, the Bureau of Indian Affairs shall provide technical assistance to ANCSA corporations to assist them with: (1) Preparing the technical parts of the contract, grant, or agreement application; and (2) Obtaining technical assistance from other Federal agencies. Subpart E-Cooperative § 163.70 Purpose of agreements. (a) To facilitate administration of the programs and activities of the Department of the Interior, the Secretary is authorized to negotiate and enter into cooperative agreements between Indian tribes and any agency or entity within the Department. Such cooperative agreements include engaging tribes to undertake services and activities on all lands managed by Department of the Interior agencies or entities or to provide services and activi ties performed by these agencies or entities on Indian forest land to: (1) Engage in cooperative manpower and job training and development programs; (2) Develop and publish cooperative environmental education and natural resource planning materials; and (3) Perform land and facility improvements, including forestry and other natural resources protection, fire protection, reforestation, timber stand improvement, debris removal, and other activities related to land and natural resource management. (b) The Secretary may enter into such agreements when he or she determines the public interest will be benefited. Nothing in § 163.70(a) shall be construed to limit the authority of the Secretary to enter into cooperative agreements otherwise authorized by law. § 163.71 Agreement funding. In cooperative agreements, the Secretary is authorized to advance or reimburse funds to contractors from any appropriated funds available for similar kinds of work or by furnishing or sharing materials, supplies, facilities, or equipment without regard to the provisions of 31 U.S.C. 3324, relating to the advance of public moneys. § 163.72 Supervisory relationship. In any agreement authorized by the Secretary, Indian tribes and their employees may perform cooperative work under the supervision of the Department of the Interior in emergencies or otherwise, as mutually agreed to, but shall not be deemed to be Federal employees other than for purposes of 28 U.S.C. 2671 through 2680, and 5 U.S.C. 8101 through 8193. Subpart F-Program Assessment § 163.80 Periodic assessment report. The Secretary shall commission every ten years an independent assessment of Indian forest land and Indian forest land management practices under the guidelines established in § 163.81 of this part. (a) Assessments shall be conducted in the first year of each decade (e.g., 2000, 2010, etc.) and shall be completed within 24 months of their initiation date. Each assessment shall be initiated no later than November 28 of the designated year. (b) Except as provided in § 163.83 of this part, each assessment shall be conducted by a non-Federal entity knowledgeable of forest management practices on Federal and private land. Assessments will evaluate and compare investment in and management of Indian forest land with similar Federal and private land. (c) Completed assessment reports shall be submitted to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Select Committee on Indian Affairs of the United States Senate and shall be made available to Indian tribes. § 163.81 Assessment guidelines. Assessments shall be national in scope and shall include: (a) An in-depth analysis of management practices on, and the level of funding by management activity for, specific Indian forest land compared with similar Federal and private forest land; (b) A survey of the condition of Indian forest land, including health and productivity levels; (c) An evaluation of the staffing patterns, by management activity, of forestry organizations of the Bureau of Indian Affairs and of Indian tribes; (d) An evaluation of procedures employed in forest product sales administration, including preparation, field supervision, and accountability for proceeds; (e) An analysis of the potential for streamlining administrative procedures, rules and policies of the Bureau of Indian Affairs without diminishing the Federal trust responsibility; (f) A comprehensive review of the intensity and utility of forest inventories and the adequacy of Indian forest land management plans, including their compatibility with other resource inventories and applicable integrated resource management plans and their ability to meet tribal needs and priorities; (g) An evaluation of the feasibility and desirability of establishing or revising minimum standards against which the adequacy of the forestry program of the Bureau of Indian Affairs in fulfilling its trust responsibility to Indian forest land can be measured; (h) An evaluation of the effectiveness of implementing the Indian Self-Determination and Education Assistance Act (Pub. L. 93-638, as amended) in regard to the Bureau of Indian Affairs forestry program; (i) A recommendation of any reforms and increased funding and other resources necessary to bring Indian forest land management programs to a state-of-the-art condition; and (j) Specific examples and comparisons from across the United States where Indian forest land is located. § 163.82 Annual status report. The Secretary shall, within 6 months of the end of each fiscal year, submit to the Committee on Interior and Insular Affairs of the United States House of Representatives, the Select Committee on Indian Affairs of the United States Senate, and to the affected Indian tribes, a report on the status of Indian forest land with respect to attaining the standards, goals and objectives set forth in approved forest management plans. The report shall identify the amount of Indian forest land in need of forestation or other silvicultural treatment, and the quantity of timber available for sale, offered for sale, and sold, for each Indian tribe. § 163.83 Assistance from the Secretary of Agriculture. The Secretary of the Interior may ask the Secretary of Agriculture, through the Forest Service, on a nonreimbursable basis, for technical assistance in the conduct of such research and evaluation activities as may be necessary for the completion of any reports or assessments required by § 163.80 of this part. 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? 166.215 OBTAINING A PERMIT 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? 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 individuallyowned 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? 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? Subpart G-Bonding and Insurance 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? |