Form 5-5517, Free Grazing Permit, Page 2 of 4
Permittee Initial _____
Permittee Obligation - While the lands covered by the permit are in trust or restricted status, all
of the permittee's obligations under the permit and the obligation of his sureties are to the United States
as well as to the owner of the land.
Authorized Uses -The permit authorizes the grazing of livestock only; the permittee shall not
utilize the permitted area for hay cutting, hunting, post or timber cutting, or any other non-grazing use
without written authorization from the responsible Indian or federal authority. The permittee is prohibited
from creating a nuisance, any illegal activity, and negligent use or waste of resources.
Adjustment of Grazing Capacity - The Agency Superintendent may adjust the grazing capacity
and the season of use for the subject range unit pursuant to 25 CFR 166, Subpart D.
Affidavit of Permittee - The permittee may be required by the Superintendent to execute an
affidavit declaring the number of livestock by class and kind grazed under the permit.
Counting of Livestock - All livestock authorized to graze upon or trail over Indian land must be
made available for counting by the Superintendent. Arrangements should be made for counting all
livestock before entering the range unit. Permittees must notify the Superintendent a sufficient length of
time in advance so a representative can be present to count livestock on or off the range unit. The right is
reserved by the Bureau of Indian Affairs to have a representative present at each roundup to check the
number of stock. In the event the permittee fails or refuses to round up his stock at the proper times and
in a satisfactory manner for the purpose of allowing a count of the stock, the Superintendent shall have
the right to round up and count said stock at the expense of the permittee.
Livestock Exceeding Number Specified in Permit - If the number of livestock authorized under
the permit is exceeded, the excess livestock shall be considered to be grazing in trespass as defined at
25 CFR 166.800. The trespasser will be liable to pay the trespass damages, penalties and costs listed at
25 CFR 166.812 and will be considered in violation of the grazing permit. Excess livestock not promptly
removed from the range unit upon notice are subject to impoundment under the regulations at 25 CFR
Distribution of Trespass Proceeds - Any funds collected by the BIA as trespass penalties or
damages to trust lands will be distributed pursuant to 25 CFR 166.818.
Entering the Range - The earliest date upon which stock will be permitted to enter the range will
be the date shown in the permit. Notice must be given to the Superintendent prior to entering the range
unit. On reservations where permanent driveways have been established, all livestock will be required to
enter and leave the reservation on the particular driveway designated by the Superintendent. Except
where livestock are transported over or trailed over established rights-of-way, the route to be followed will
be designated by the Superintendent.
Movement of Livestock - The Superintendent reserves the right to direct the movement of
livestock whenever it is necessary for the protection and proper use of the range. The following acts are
(a) The grazing upon or driving across any trust Indian lands of any livestock without an
approved grazing or crossing permit.
(b) Allowing livestock to drift and graze on trust Indian lands without an approved permit.
(c) The grazing of livestock upon trust Indian lands within an area closed to grazing for that class
(d) The grazing of livestock by a permittee upon an area of trust Indian lands withdrawn from
(e) Refusal to round up stock at proper times and in a satisfactory manner for the purpose of
allowing a count of the stock.
(f) Failure to remove livestock to prevent damage to the Indian lands upon receipt of instructions
from the Superintendent.
(g) Failure to comply with Conservation Plan provisions.
Range Improvements - The Bureau of Indian Affairs encourages the construction of
improvements necessary for proper management of livestock and the use of the range. Planned
improvements must be identified in the permittee’s Conservation Plan which will indicate whether the
(1) Remain on the land upon termination of the permit, in a condition that is in compliance with
applicable codes, to become the property of the Indian landowner; or
(2) Be removed and the land restored within a time period specified in the permit in which case the land
must be restored as close as possible to its condition prior to construction. Written authorization must be