Form 5-5516, Grazing Permit for Organized Tribes, Page 1 of 5
Permittee Initial _____
Form 5-5516 (Revised 6/2013)
Incorporates 5-5518
OMB # 1076-0157
Expires 3/31/2023
Contract No.:
Range Unit:
Usage note: Form 5-5516 to be used by tribes qualified and equipped to bill and receive fees through direct pay and
to exercise their prerogative to issue permits on range units made up entirely of tribal lands or said lands in
combination with government land.
The __________________________________ Tribe of the ______________________________ Indian
(Name of Organized Tribe) (Name of Reservation)
Reservation, organized under a constitution and bylaws pursuant to section 16 of the Act of June 18,
1934 (48 Stat. 984), and incorporated pursuant to section 17 of said act (Line out reference to
incorporation where charter not issued), by authority of law and under the regulations prescribed by the
Secretary of the Interior at 25 CFR 166, hereby grants permission to
______________________________________ of __________________________________________,
(Name of Permittee) (Mailing Address)
to hold and graze livestock on the tribal land of Range Unit __________________ of the above-identified
(Unit Name or Number)
Reservation for a period beginning ____________ and terminating not later than ____________, and
(Date) (Date)
subject to the livestock kind and number and the grazing season shown on the table below:
Grazing Rental**
Administrative Fee
Tribal Fees
* Animal Unit Months = Number of Head times number of Months. For sheep, divide result by five (5).
**Under 25 CFR 166.408 the Grazing Rental is subject to review and adjustment every _______ year(s)
through the life of the permit.
The annual grazing rental and all applicable fees are due each year on the _____ day of _____________.
The grazing rental is payable to (select one) _____ the Bureau of Indian Affairs (BIA); _____ directly to
the Indian landowners (25 CFR 166.413(c) applies). When payment is made directly to the landowner,
the Administrative Fee is waived per 25 CFR 166.503. When such direct payment is made, the permittee
is required to retain documented proof of payment. Payment made to BIA may be delivered in person or
by mail. Acceptable forms of payment include personal or business checks, money orders, cashier’s
checks, certified checks, or electronic transfer. Grazing rentals not received by the due date will accrue a
lump-sum penalty of _____ % of the annual rental. Rental payments more than ten days late will accrue,
in addition, an interest penalty of _____ % (annualized) applicable from the first day of arrears.
Form 5-5516, Grazing Permit for Organized Tribes, Page 2 of 5
Permittee Initial _____
Animal Identification, Only livestock bearing the brands and marks herein shown may be grazed under
authority of this permit unless otherwise authorized by the Superintendent of the Agency, in writing, with a
pasturing authorization:
Interpretation of Permit Provisions - The Superintendent will make decisions relative to the
interpretation of the terms of this permit and these Permit Provisions and Conditions. The terms of this
permit cannot be varied in any detail as herein provided without the written approval of the parties thereto
and any surety.
Payment of Rental - In consideration of the privileges granted by this permit the permittee
agrees to pay the grazing rental and all other applicable taxes and fees due annually according to 25
CFR 166.409-418, 166.500-504, and the provisions of this permit.
Bond and Insurance Requirement - An acceptable bond guaranteeing full performance of this
permit may be required pursuant to 25 CFR Subpart G.
Termination and Modification - It is understood and agreed that this permit may be modified or
terminated in whole or in part pursuant to 25 CFR 166.227-231 and 166.700-709. This permit is not
subject to renewal beyond the ending date indicated on the front of this document but may be extended
for up to one year by tribal resolution or in writing by the Agency Superintendent.
Assignment or Subletting - This permit may only be assigned, sublet, or mortgaged with the
written consent of the parties thereto, and the surety, if any.
Trust Lands Not Covered By Permit- It is understood and agreed by the permittee that he is
authorized to graze livestock on the lands covered by the permit as listed on the attached land description
and is responsible to prevent his livestock from grazing on lands not covered by this permit. Failure to
comply with this requirement may be cause for termination of the permit.
Entry by the BIA - BIA retains right of entry on lands covered by this permit at such reasonable
times as may be deemed necessary for inspection or enforcement.
Access to and Across Indian Lands - It is understood and agreed that authority is reserved to
the Superintendent to grant access to and across any of the lands covered by this permit as deemed in
the interest of the Indian landowner, including the privilege of prospecting for and removal of oil, gas, and
other minerals.
Indemnity -The permittee agrees to indemnify the United States and the Indian landowners
against all liabilities or costs relating to the use, handling, treatment, removal, storage, transportation, or
disposal of hazardous materials, or the release or discharge of any hazardous materials from the
permitted premises that occur during the contract term, regardless of fault.
Applicable Federal, State and Tribal Laws - The permittee must comply with all applicable
federal and state laws, rules, regulations, and other legal requirements. The permittee must also comply
with all applicable tribal laws, ordinances, resolutions and policies.
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, or negligent use or waste of resources.
Adjustment of Grazing Capacity - The Agency Superintendent may adjust the grazing capacity
Form 5-5516, Grazing Permit for Organized Tribes, Page 3 of 5
Permittee Initial _____
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.
Failure to Make Full Use of the Permit - The permittee will not be allowed credit or rebate in
case the full number authorized is not grazed on the range unit.
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
of livestock.
(d) The grazing of livestock by a permittee upon an area of trust Indian lands withdrawn from
grazing use.
(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
improvement will:
(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 given by the Superintendent prior to construction. The cost of such
improvements will be borne by the permittee unless otherwise provided for in the Conservation Plan. The
permittee shall perform reasonable maintenance of all range improvements identified in the Conservation
Plan in a manner acceptable to the Superintendent. The permittee may remove existing range
improvements identified on Form 5-5529, Removable Range Improvements Record, when the permittee
is responsible for all of the costs of the improvement and the Superintendent has approved the removal of
Form 5-5516, Grazing Permit for Organized Tribes, Page 4 of 5
Permittee Initial _____
the improvement.
Quarantine Regulations - All stock covered by this grazing permit are subject to the animal
welfare laws, quarantine laws and health regulations now in force or hereafter to be promulgated by the
United States, the state in which the reservation is situated, or by the tribal governing body.
Condition of Livestock Handling Facilities - Facilities used for livestock management must be
kept in a clean and sanitary condition. All rubbish and other refuse must be properly and promptly
Disposition of Carcasses - Animal carcasses shall be disposed of promptly and in accordance
with veterinary-recommended disposal methods taking into consideration cause of death and
environmental impacts. A carcass may not be buried on trust Indian land without prior written approval
from the Agency Superintendent.
Damage to Indian Land and Property - The permittee will be liable and will be required to repair
or make reimbursement for any damage done to the premises, livestock, or property of Indians resulting
from the acts of the permittee, his employees, or livestock.
Protection of Fish and Wildlife - The permittee must comply with federal and tribal fish, game,
and wildlife protection laws and regulations which apply to the reservation.
Conduct in Case of Fire - Whenever a permittee discovers an unauthorized and uncontrolled
fire, they shall report it to the nearest fire department as soon as possible. The unauthorized setting of a
fire or carelessness in connection with an authorized fire may result in criminal prosecution.
Filing of Permits - The Agency office contains public records of the United States pertaining to
trust Indian allotments. A copy of this permit will be filed in the Agency office and shall be available for
public inspection during normal business hours. A copy of this permit shall be recorded in the BIA Land
Titles and Records office which has jurisdiction. The permittee may file or record a copy of this permit, at
his own expense, in the appropriate county office.
Form 5-5516, Grazing Permit for Organized Tribes, Page 5 of 5
Permittee Initial _____
Attached to and made part of this permit are the Land Description and Conservation Plan.
Non-tribal lands within grazing unit: This permit is issued with the understanding that a grand total of
______ head of livestock will be grazed on the unit. This number includes ______, head of livestock that
reflect the grazing capacity of privately owned or leased lands within the unit to be grazed in common with
permitted tribal lands by the permittee. The right to the use of these lands (e.g., a current lease) must be
recorded with the Agency Superintendent and a full description attached hereto and made part of the
This permit shall be of no force or effect until signed and sealed by the authorized tribal officer(s) and
approved by the Agency Superintendent.
Issued at the _______________________________ this ______ day of __________, _______.
(Agency or Tribal Office) (Month, Year)
Tribal Official ___________________________________________
Title ___________________________________________
I accept this permit and the Provisions and Conditions contained herein.
Permittee _____________________________ ___/___/______
Witness _____________________________ ___/___/______
Superintendent _____________________________ ___/___/______
Paperwork Reduction Act Statement: This form is covered by the Paperwork Reduction Act. It is used to establish the respective
rights and responsibilities of the respondent and the Federal government. The information is provided by respondents to obtain or
retain a benefit. In compliance with the Paperwork Reduction Act of 1995, as amended, the collection has been reviewed by the
Office of Management and Budget and assigned a number and an expiration date. The number and expiration date are at the top
right corner of the form. An agency may not sponsor or conduct, and a person is not required to respond to, a request for
information collection unless it displays a currently valid OMB Control Number. The public reporting burden is estimated to average
20 minutes per respondent. This includes the time needed to understand the requirements, gather the information, complete the
form, and submit it to the Department. Comments regarding the burden or other aspects of the form may be directed to the Indian
Affairs Information Collection Clearance Officer, Office of Regulatory Affairs Indian Affairs, 1849 C Street, NW, MS-4141,
Washington, DC 20240.