If you are...

(4)Post graduation recruitment.

(5) Postgraduate studies

And then the costs that you do not need to repay are.....

tion.

(b) For agriculture education programs with an obligated service requirement, we will adjust the amount required for repayment by crediting toward the final amount of debt any obligated service performed before breach of contract.

Subpart K-Records

§ 166.1000 Who owns the records associated with this part?

(a) Records are the property of the United States if they:

(1) Are made or received by a tribe or tribal organization in the conduct of a federal trust function under 25 U.S.C. § 450f et seq., including the operation of a trust program; and

(2) Evidence the organization, functions, policies, decisions, procedures, operations, or other activities undertaken in the performance of a federal trust function under this part.

(b) Records not covered by paragraph (a) of this section that are made or received by a tribe or tribal organization in the conduct of business with the Department of the Interior under this part are the property of the tribe.

$166.1001

How must a records associated with this part be preserved? (a) Any organization, including tribes and tribal organizations, that have records identified in § 166.1000(a) of this part must preserve the records in accordance with approved Departmental records retention procedures under the Federal Records Act, 44 U.S.C. Chapters 29, 31 and 33. These records and related records management practices and safeguards required under the Federal Records Act are subject to inspection by the Secretary and the Archivist of the United States.

(b) A tribe or tribal organization should preserve the records identified in § 166.1000(b) of this part for the period of time authorized by the Archi

is and to prescribe by appropriate al action the conditions under ch their lands may be used.

7.2 General regulations.

art 166 of this subchapter authorizes Commissioner of Indian Affairs to ulate the grazing of livestock on Inn lands under conditions set forth rein. In accordance with this aurity and that of the Navajo Tribal incil, the Central Grazing Comttee and the District Grazing Comttees, the grazing of livestock on the vajo Reservation shall be governed the regulations in this part.

37.3 Objectives.

t is the purpose of the regulations in is part to aid the Navajo Indians in hievement of the following objec

res:

a) The preservation of the forage, e land, and the water resources on e Navajo Reservation, and the buildg up of those resources where they ve deteriorated.

(b) The protection of the interests of e Navajo Indians from the encroachent of unduly aggressive and anti-soal individuals who may or may not be embers of the Navajo Tribe.

(c) The adjustment of livestock numers to the carrying capacity of the nge in such a manner that the liveock economy of the Navajo Tribe will e preserved.

§ 167.4 Regulations; scope; exceptions.

The grazing regulations in this part apply to all lands within the boundaries of the Navajo Reservation held in trust by the United States for the Navajo Tribe and all the trust lands hereafter added to the Navajo Reservation. The regulations in this part do not apply to any of the area described in the Executive order of December 16, 1882, to individually owned allotted lands within the Navajo Reservation nor to tribal purchases, allotted or privately owned Navajo Indian lands outside the exterior boundaries of the Navajo Reservation.

[34 FR 14599, Sept. 19, 1969. Redesignated at 47 FR 13327, Mar. 30, 1982]

§ 167.5 Land management districts.

The Commissioner of Indian Affairs has established and will retain the present land management districts within the Navajo Indian Reservation, based on the social and economic requirements of the Navajo Indians and the necessity of rehabilitating the grazing lands. District boundary changes may be made when deemed necessary and advisable by the District Grazing Committees, Central Grazing Committee and Tribal Council, with approval by the Superintendent, Area Director, and the Commissioner of Indian Affairs.

§ 167.6 Carrying capacities.

(a) The Commissioner of Indian Affairs on June 26, 1943, promulgated the authorized carrying capacity for each land management district of the Navajo Reservation.

(d) To secure increasing responsiility and participation of the Navajo eople, including tribal participation 1 all basic policy decisions, in the ound management of one 'ribe's greatest assets, its grazing ands, and to foster a better relationhip and a clearer understanding beween the Navajo people and the Fedral Government in carrying out the razing regulations.

(e) The improvement of livestock hrough proper breeding practices and the maintenance of a sound culling policy. Buck and bull pastures may be established and maintained either on or off the reservation through District Grazing Committee and Central Grazing Committee action.

Recommended adjustments in carrying capacities shall be referred by the Superintendent to District Grazing Committee, Central Grazing Committee, and the Navajo Tribal Council for review and recommendations prior to presentation to the Area Director and the Commissioner of Indian Affairs for approval.

(c) Upon the request of the District Grazing Committee, Central Grazing Committee and Navajo Tribal Council to the Superintendent; recommendations for future adjustments to the established carrying capacities shall be made by Range Technicians based on

the best information available through annual utilization studies and range condition studies analyzed along with numbers of livestock and precipitation data. The recommendations of the Range Technicians shall be submitted to the Superintendent, the Area Director and the Commissioner of Indian Affairs.

(d) Carrying capacities shall be stated in terms of sheep units yearlong, in the ratio of horses, mules, and burros 1 to 5; cattle 1 to 4; goats 1 to 1. The latter figure in each case denotes sheep units. Sheep, goats, cattle, horses, mules, and burros one year of age or older shall be counted against the carrying capacity.

§ 167.7 Records.

The District Grazing Committee, the Superintendent, and his his authorized representatives shall keep accurate records of all grazing permits and ownership of all livestock. Master files shall be maintained by the Superintendent or his authorized representatives.

(a) The District Grazing Committee shall be responsibile for and assist in organizing the sheep and goat dipping and horse and cattle branding program and obtaining the annual live- stock count.

(b) In order to obtain true records of ownership the permittee shall personally appear at the dipping vat or tallying point designated by the Grazing Committee with his or her sheep and goats and at branding and tallying points for cattle and horses. Should the permittee be unable to appear personally he or she shall designate a representative to act for and in his or her behalf. The sheep and goats will be dipped and the cattle and horses will be branded and recorded in the name of the permittee.

(c) The Superintendent shall prepare and keep current a register containing the names of all permittees using the range, the number of each class of stock by age classes grazed annually and the periods during which grazing shall be permitted in each part thereof. An annual stock census will be taken to insure that the carrying capacity is not exceeded. All classes of livestock twelve months of age or over will be

counted against range use and permitted number, except that year! colts will not be counted against per mitted numbers on all permits with less than six horses. (Cross Referen § 167.9.)

§ 167.8 Grazing rights.

(a) The Superintendent shall dete mine grazing rights of bona fide Live stock owners based on recommen tions of District Grazing Committee Grazing rights shall be recognized t those permittees having owners: records as established in accordan with § 167.7 or who have acquired gru ing rights by marriage, inheritance purchase or division of permits. Whe ever the permitted number of sheet units within a district is less than the carrying capacity, new permits to tr carrying capacity limit may be granted as provided in § 167.9.

(b) All enrolled members of the Na ajo Tribe over 18 years of age are elig ble to acquire and hold grazing pe mits. Minors under 18 years of age can get possession of grazing permits or through inheritance or gift, and 11 each case Trustees must be appointe by the Tribal Courts to manage the permits and livestock of such manch until they become 18 years of age and can hold grazing permits in their ow right.

(c) No person can hold a grazing pen mit in more than one district on the Navajo Reservation.

(d) Determination of rights to gra ing permits involved in cases of c vorce, separation, threatened fami disruption, and permits of decease permittees shall be the responsibilit of the Navajo Court of Indian Offense under existing laws, rules, and regula tions.

§ 167.9 Grazing permits.

(a) All livestock grazed on the Nava Reservation must be covered by an aï thorized grazing permit issued by th Superintendent based upon the rec ommendations of the District Grac Committee. All such grazing permite will be automatically renewed an ally until terminated. District Grants Committees shall act on all grant permit changes resulting from negotis bility within their respective Districts

e number of livestock that may be zed under each permit shall be the nber originally permitted plus or lus any changes as indicated by nsfer Agreements and Court Judgnt Orders.

b) Any permittee who has five or ́re horses on his current permit will required to apply any acquired sheep its in classes of stock other than rses. If the purchaser wishes more in his present number of horses, he ist have his needs evaluated by the strict Grazing Committee. Yearling Its will be counted against permitted mber on all permits with six or more rses. Yearling colts will not be unted against permitted number on I permits with less than six horses. In rdship cases the District Grazing >mmittee may reissue horses reoved from grazing permits through gotiability to permit holders who are ithout sufficient horses on their esent permits to meet minimum eeds.

(c) No permittee shall be authorized graze more than ten head of horses to accumulate a total of over 350 leep units.

(d) Upon recommendation of the Disrict Grazing Committee and with the pproval of the Superintendent, grazng permits may be transferred from ne permittee to another in accordance with instructions provided by the Adviory Committee of the Navajo Tribal Council, or may be inherited; provided hat the permitted holdings of any inlividual permittee shall not exceed 350 sheep units or the equivalent thereof. Should inheritance or other acquisition of permits increase the holdings of any permittee to more than 350 sheep units, said permittee shall dispose of all livestock in excess of 350 sheep units not later than November 15 following date of inheritance or other acquisition, and that portion of his or her permit in excess of 350 sheep units within one year from date of inheritance.

(e) By request of a permittee to sublet all or a part of his or her regular grazing permit to a member of his family or to any person who would receive such permit by inheritance, such subletting of permits may be authorized by the District Grazing Committee and

the Superintendent or his authorized

representative.

$167.10 Special grazing permits.

The problem of special grazing permits shall be settled by the Bureau of Indian Affairs working in cooperation with the Tribal Council, or any Committee designated by it, with a view to terminating these permits at a suitable date and with the least hardship to the Indians concerned.

§ 167.11 Tenure of grazing permits.

(a) All active regular grazing permits shall be for one year and shall be automatically renewed annually until terminated. Any Navajo eligible to hold a grazing permit as defined in § 167.8 may become a livestock operator by obtaining an active grazing permit through negotiability or inheritance or both.

(b) In many Districts, and portions of all districts, unused grazing permits or portions of grazing permits are beneficial in aiding range recovery. Each District Grazing Committee will handle each matter of unused grazing permit or portions of grazing permits on individual merits. Where ample forage is available operators will be encouraged to fill their permits with livestock or dispose of their unused permits through negotiability. In those areas where forage is in need of rehabilitation permittees will not be encouraged to stock to their permitted numbers until the range has sufficiently recovered to justify the grazing of additional livestock.

§ 167.12 Grazing fees.

Grazing fees shall not be charged at this time.1

1 Grazing Committees were organized in May 1953. These committees have not had ample time to fully acquaint themselves or the stockmen in their respective districts with all of the various items of range administration and range management. Also the drought of several years has not broken. The Navajo Tribe therefore requests that the matter of establishing regulations regarding the adoption of grazing fees be deferred until such a time as a full understanding of the advantages of fees can be had by the majority of the stockmen in all Districts. The assessment of grazing fees will not aid materially Continued

§ 167.13 Trespass.

The owner of any livestock grazing in trespass in Navajo Tribal ranges shall be subject to action by the Navajo Court of Indian Offenses as provided in part 11 of this chapter, however, upon recommendations of the District Grazing Committee, first offenses may be referred to the Central Grazing Committee and the Superintendent or his authorized representative for proper settlement out of court. The following acts are considered as trespass:

(a) Any person who sells an entire permit must dispose of all his livestock or be in trespass. Any person selling a portion of his permit must not run more stock than covered by his remaining permit, or be subject to immediate trespass.

(b) All persons running livestock in excess of their permitted number must by April 25, 1959, either obtain permits to cover their total livestock numbers or reduce to their permitted number, or be in trespass. Additional time may be granted in unusual individual cases as determined and approved by the District Grazing Committee, General Grazing Committee, and the Superintendent or his authorized representative.

(c) Failure to comply with the provisions in §167.9, shall be considered as trespass.

(d) Any person who willfully allows his livestock to drift from one district to another shall be subject to trespass action. The grazing of livestock in customary use areas extending over District Boundary lines, when such customary use areas are defined and agreed upon by the District Grazing Committees involved, shall not be considered as willful trespass.

(e) The owner of any livestock who violates the customary or established use units of other permittees shall be subject to trespass action.

[22 FR 10578, Dec. 24, 1957, as amended at 24 FR 1178, Feb. 17, 1959. Redesignated at 47 FR 13327, Mar. 30, 1982]

in obtaining proper range use. At this time it is more important that other sections of these grazing regulations be adopted and enforced. Resolution of Navajo Tribal Council No. CJ-22-54 of June 9, 1954.

§ 167.14 Movement of livestock.

Annually, prior to the normal lamb buying season, the Central Gran Committee after consultation with Dy trict Grazing Committees shall issue regulations covering the buying penc and the procedures and methods to b used in moving livestock to market All movements of livestock other than trucking from buying areas to loader or shipping points must be authorize by Trailing Permits issued by the Du trict Grazing Committees on the ap proved forms. Failure to comply w this section and with annual lamb baying regulations will be considered as trespass.

§ 167.15 Control of livestock disease and introduction of livestock. (a) The District Grazing Committees with the approval of the Superintendent shall require livestock to be dipped, vaccinated, inspected and be restricted in movement when necessar to prevent the introduction and spread of contagious or infectious disease the economic interest of the Nava stock owners. Upon the recommenda tion of the District Grazing Committe livestock shall be dipped annual when such dipping is necessary to prevent the spread of contagious diseases These annual dippings shall be com pleted on or before September 1st each year. Livestock, however, may dipped at other times when necessary The Superintendent or his authorized representative and the District Grants Committee may also require the rous:ing up of cattle, horses, mules, etc., I each District for the purpose of inspec tion for disease, vaccinating, branding and other related operations.

(b) No livestock shall be brough onto the Reservation without a perm issued by the Superintendent or his aathorized representative following spection, in order to safeguard Indiar livestock from infections and ecotagious disease and to insure the introduction of good quality sires and breeding stock.

(c) Any unusual disease conditions beyond the control measures provided herein shall be immediately reported by the District Grazing Committee t the Chairman of the Navajo Trita. Council and the Superintendent b