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Oglala Sioux Tribe: Law and Order Code

Last amended: 1996; New Ordinances Received: 2002.

CHAPTER 35

GRAZING PERMIT CONTRACTS CODE



DEFINITIONS

(a) "Adult Tribal Member" means for this part, an enrolled member of the Oglala Sioux Tribe who has attained the age of eighteen (18) years.

(b) "Allocation" means the apportionment of grazing privileges to members of the Oglala Sioux Tribe without competitive bidding, including the determination of who may graze livestock, the number and kind of livestock, and the range unit where such livestock will be grazed.

(c) "Allocation Committee" of the Oglala Sioux Tribe shall consist of nine members, one from each respective District of the Pine Ridge Reservation. Each District shall appoint a representative to the Allocation Committee. Each respective District Representative appointment shall be confirmed by the Oglala Sioux Tribal Council and shall serve for a period of five years . A quorum of five members shall constitute a quorum necessary to conduct business.

(d) "Animal Health" means that any herd of livestock infected with contagious or infectious disease, including brucellosis, shall not be allowed on the Pine Ridge Indian Reservation. It is the responsibility of all permittee's bringing in outside cattle and or buffalo to provide the Bureau of Indian Affairs, Branch of Land Operations with a copy of Health Certificate of the State from which the livestock originate.

(e) Animal Unit" means one cow and calf less than six months of age, one buffalo cow and calf less than six months of age, or one bull, or one buffalo bull, or four sheep, yearlings shall be considered three-fourths of a animal unit, an adult horse shall be considered one and one-half of an animal unit.

(f) "Appeals Board" shall be the Oglala Sioux Tribal Executive Committee as official representative of the Oglala Sioux Tribal Council.

(g) "Applicant" means an individual, a family, a partnership, an association, or a corporation.

(h) Association" means the act of a number of enrolled members of the Oglala Sioux Tribe in uniting together for the purpose of conducting an agri-business livestock operation. The Association organizational documents shall be approved by the Oglala Sioux Tribal Council and shall be on file in the Office of the Secretary, Oglala Sioux Tribe. An Association shall be treated as one individual member of the Oglala Sioux Tribe for allocation privileges and shall be limited to livestock ownership of 300 head, for allocation purposes . All members of the association shall meet all other eligibility requirements for allocation purposes . Members of the association shall not be eligible for an individual allocation.

(i) "Carrying Capacity" means the maximum stocking rate possible without inducing damage to vegetation or related resources . It may vary from year to year on the same area due to fluctuating forage production, as determined by a BIA Range Condition Survey.

(j) "Corporation" means if formed for the purpose of transacting business in the agri-business and/or livestock growing business and where the primary purpose of the organization is pecuniary profit. All members/share holders of the corporation shall be individual enrolled members of the Oglala Sioux Tribe. The Articles of the Incorporation of Charter of the corporation shall be approved by the Oglala Sioux Tribal Council and be on file with the Secretary of the Oglala Sioux Tribe. A Corporation shall be treated as one individual member of the Oglala Sioux Tribe for allocation privileges and shall be limited to livestock ownership of 300 head for allocation purposes . All members of the Corporation shall not be eligible for an individual allocation.

(k) "District or Community-owned Enterprise" means an enterprise wholly owned and operated by a district or community, the organizational documents of such enterprise shall have the approval of the Oglala Sioux Tribal Council.

(1) "Estates" in the event of the death of an Oglala Sioux Tribal Member who has been previously declared eligible for allocation privileges the estate of the deceased member shall be eligible to continue in possession of the allocated grazing privileges for the remainder of the contract period or until such time as the estate is settled by the end of a contract period the allocation privilege shall be terminated and the range unit made available for allocation privileges.

(m) "Family Allocation" two or more members of the same immediate family may be determined eligible for allocation privileges. However each member of the family shall meet the eligibility requirements of this Ordinance. In the event of the death, or withdrawal of family members from the range unit permit the remaining members of the family shall be required to meet allocation privilege requirements and remaining family members who were originally determined to meet allocation eligibility requirements shall have a preference on award of the range unit(s). Immediate family members not listed on the original allocation application shall not be allowed to share the family range unit(s) without the express written consent of all remaining members of the immediate family named on the original application for allocation privileges. Family allocation shall be limited in 300 head of livestock. Any/all members of a family allocation listed on a family grazing permit shall not be eligible for additional individual, partnership, association or corporation allocations.

(n) "Governing Body" means the Oglala Sioux Tribal Council or the tribal committee, board or other membership body recognized by the Oglala Sioux Tribal Council as having the authority to act for and on behalf of the Oglala Sioux Tribe.

(o) "Government Land" means land, other than tribal land acquired or reserved by the United States for Indian Bureau administrative purposes which is not immediately needed for the purpose for which it was acquired or reserved and land transferred to or placed under the jurisdiction of the Bureau of Indian Affairs.

(p) "Grazing Permit" means a revocable privilege granted in writing limited to entering on and utilizing forage by designated livestock on a specified tract of land.

(q) "Immediate Family" means the spouse, children, brothers, sisters, mother and father of an adult tribal member.

(r) "Individual" means an enrolled member of the Oglala Sioux Tribe.

(s) "Individually Owned Land" means land or any interest therein held in trust by the United States for the benefit of individual Indians and land or any interest therein held by individual Indians subject to federal restrictions against alienation or encumbrance.

(t) "Livestock Ownership" means that an applicant for allocation privileges shall own 1) 50% of not more than 100 head of livestock; 2) 75% of 101 to 250 head of livestock and 3) 100% of 251 to 300 head of livestock. (One animal unit is equivalent to one cow and calf less than six months of age, one buffalo and calf less than six months of age, or one full, or one buffalo bull, yearlings shall be considered three-fourths of an animal unit, an adult horse shall be considered one and one-half of an animal unit).

(u) "Partnership" means an entity formed by written contract between two or more individual enrolled members of the Oglala Sioux Tribe for the mutual participation in the profits which may accrue from property, credit, sill or industry of an agri-business cattle operation furnished in determined proportions by the parties. At the beginning of each five year period the members of the partnership shall file with the Allocation Committee current documentation including the partnership agreement. The partnership shall set forth the intent of the partners in the event of the death of one of the partners . ?A Partnership shall be treated as one individual member of the Oglala Sioux Tribe for allocation privileges and shall be limited to livestock ownership of 1) 50% of not more than 100 head of livestock; 2) 75% of 101 to 250 head of livestock and 3) 100% of 251 to 300 head of livestock. All members of the partnership shall meet all other eligibility requirements for allocation purposes. Members of a partnership shall not be eligible for an individual allocation.

(v) "Preference Bids" means a preference privileges extended to and exercised by an adult enrolled member of the Oglala Sioux Tribe who owns more than three hundred head of livestock to meet the non-Indian high sealed bid on units necessary for their operation.

(w) "Preparation Fee" means the fee charged to the permittee to cover the cost of work performed in the preparation of grazing permits. Such fee shall be equal to two percent of the cost of the grazing permit (not to exceed three hundred dollars).

(x) "Range Unit" means a tract of range land designated as a management unit for administration of grazing by the Bureau of Indian Affairs. A range unit may consist of tribal, individually owned or government land or any combination thereof consolidated for grazing administration.

(y) "Sled Bid" means a bid received from an advertisement for grazing privileges, and must be submitted in accordance with Sale of Grazing Privileges.

(z) "Small Operator" A small operator is an otherwise eligible tribal member for allocation privileges who owns 50% of not more than fifty head of livestock.

(aa) "Stocking Rate" means the number of acres necessary for an animal unit to subsist on natural feed for one month.

(bb) "Superintendent" means the Superintendent of the Pine Ridge Agency of the Bureau of Indian Affairs.

(cc) "Tribe" means the Oglala Sioux Tribe.

(dd) "Tribal Land" means land or any interest therein held by the United States in trust for the Oglala Sioux Tribe of Indians, subject to federal restrictions against alienation or encumbrance, and includes such lands reserved for Indian Bureau administrative purposes when it is not immediately needed for such purposes.

(ee) "Tribally Owned Enterprise" means all enterprises wholly owned and operated by the Oglala Sioux Tribe.

1. Tribal and tribally controlled land in established range units shall be included under grazing permits recommended by the Oglala Sioux Tribe and approved by the Superintendent for a five year period . Each grazing permit season shall be for a one year period starting the 1st day of November and ending the 31st day of October.

a. Written applications for allocation privileges for a range unit currently under permit shall be filed no later than April 20th of the year in which the allocation is sought except for the last year of a contract period. 180 days written notice shall be given to the present permittee for allocated tribal member use. Such written application shall be filed with the Bureau of Indian Affairs, Branch of land Operations. All applications presented to the Allocation Committee shall be for final action. All applications shall be complete for submission. The Committee shall reject and not consider incomplete applications. The Allocation Committee of the Oglala Sioux Tribe shall be advised of any delinquent taxes owed to the Oglala Sioux Tribe and/or preparation fees owed by any permittee. The committee shall disqualify allocation applicants for grazing privileges based upon delinquent tax, and/or preparation fee and any outstanding bill owed to either the Bureau of Indian Affairs and/or the Oglala Sioux Tribe.

b. No land currently under permit to an individual tribal member, family, partnership, corporation or association shall be placed in the range unit of another member during the term of the contract period without prior written consent of both parties. In the event of an application for removal of land from a range unit at the end of the contract period, factors to be considered shall include, but not limited to the following:

(1) The best interest of the competing members.

(2) Whether or not the removal of the land from a range unit would, in anyway, affect the use pattern of the unit from which the land is to be removed.

(3) Whether or not there is water or other improvements placed upon the range unit and whether these improvements are to be removed from the range unit.

(4 ) Any other factors deemed to be relevant by the Allocation Committee.


(5) Recommendations of Bureau of Indian Affairs, Land Operations Staff.

c. Applicants must be: 1) at least eighteen years of age: 2) an enrolled member of the Oglala Sioux Tribe: 3 ) the economic head of the family, and 4 ) physically reside within the exterior boundaries of the Pine Ridge Reservation on a day to day basis for a period of six months prior to the effective date of the grazing permit. Successful applicants shall continue to physically reside, within the exterior boundaries of the Pine Ridge Indian Reservation as defined by Constitution and By-Laws on a day to day basis for the duration of the permit period. The economic head of the family is the member who provides the main economic support of the family. In case of doubt or dispute, the Tribal Council or their authorized representative shall determine the economic head of the family, and the decision of the Oglala Sioux Tribal Council or its authorized representative shall be final and binding in all parties. In any case, the burden applicants shall provide the social security numbers of both the economic head of family and the spouse of the economic head of the family. The main source of income of the economic head of the household shall be the livestock operation.

d. Livestock Ownership : Applicant ownership of livestock shall not exceed three hundred animal units. (One animal unit is equivalent to one cow and calf less than six months of age, one buffalo and calf less than six months of age, or one bull, or one buffalo bull, yearlings shall be considered three-fourths of an animal unit, an adult horse shall be considered one and one-half of an animal unit) .

e. "Application shall be accompanied by documentation, satisfactory to the committee to prove individual ownership is not less than 1) 50% of not more than 100 head of livestock; 2) 75% of 101 to 250 head of livestock and 3) 100% of 251 to 300 head of livestock to be authorized for allocation privileges. The documentation shall include all of the following:

(1) Bill of Sale or any written agreement relating to the ownership of the livestock or otherwise proving ownership. Such Bill of Sale or agreement is to include Social Security Number(s) of Buyer(s).

(2) Security agreement must be executed by a duly licensed lending agency, such as a bank FmHA, PCA, insurance company, Oglala Sioux Tribal Credit Office, etc. Security agreements between individuals shall not be accepted unless within the immediate family. All such security agreements shall be legally recorded in appropriation office of Register of Deeds.

(3) Promissory note.

{4) Financing statement (duly recorded) .

(5) Affidavit attesting and sworn to by the applicant that there is no lien on livestock owned by the applicant. Affidavit must be filed with the Bureau of Indian Affairs, Branch of Land Operations.

(6) Joint ownership of livestock with a non-Indian spouse shall not be recognized for requirement of livestock ownership under provisions d and e of this part.

(7) For purposes of this section, the registered brand may be either registered with the State of South Dakota or registered in accordance with appropriate Oglala Sioux Tribal Ordinances and/or Oglala Sioux Tribal Resolutions. A purported transfer of a brand and livestock branded by such transferred brand from a non-Indian to an Indian shall not be accepted by the Committee as proof of ownership of the brand and the branded livestock . Proof of livestock ownership shall be evidenced by one brand per permittee unless a second brand is authorized by the Committee.

(8) Livestock ownership shall be evidenced by all livestock bearing the brand of owner within thirty days of purchase of livestock by permittee.

(9) Copies of checks evidencing purchase of livestock.

(10) Financing or security agreements between individuals shall not be accepted unless copies of all financial transactions i.e. copies of certified checks evidencing purchase of livestock and Social Security Number of buyer(s) accompany copy of recorded agreement.

(11) Require presence of representative of Allocation Committee or Bureau of Indian Affairs, Land Operations staff to count seasonal use livestock.

(12) Other documentation that may be required by the Allocation Committee.

f . Determination of Eligibility, . Upon submission of all required documentation by the allocation applicant, the Allocation Committee shall determine the Applicant's eligibility in accordance with the provisions of this ordinance. The committee shall notify the applicants for allocation privileges of the decision of the committee determining applicant eligibility, including the recommendation of the committee as to the applicants request for award of a particular range unit.

(1) Any willful falsification of documents, statements and verifications necessary for eligibility shall deem the applicant ineligible for any future allocation privileges until such time that the Oglala Sioux Tribal Council shall determine the individual eligible for grazing privileges.

(2) During the permit period if an individuals allocated and /or preference eligibility becomes questionable, the Allocation Committee will meet to determine further eligibility. In the event the applicant no longer meets allocation and/or preference privileges, the units) will become available for allocation applications.

g. Appeals. Any tribal members adversely affected by a decision of the Allocation Committee shall have a right to appeal. Such appeal shall be made to he Oglala Sioux Tribal Executive Committee, which shall sit as the Grazing Ordinance Appeals Board. The appeal shall give an identification of the case, statement or reasons for the appeal, along with all necessary documentation and arguments that appellant wishes to make. The notice of appeal shall be filed with the Secretary of the Oglala Sioux Tribe, no later than ten days of receipt by the appellant of the decision of the Allocation Committee . The appellant shall file his /her appeal with the appeals Board within thirty days after filing of the notice of appeal with the Allocation Committee. The appellant shall file his/her appeal with the Appeals Board within thirty days after filing of the notice of appeal with the Allocation Committee. No extension of time to file notice of appeal shall be granted . Notices of Appeal not timely filed shall not be considered and the decision of the Allocation Committee shall be final and binding on all parties. Decision of the Appeals Board shall be final, conclusive and binding on all parties. The Appeal Board shall set the date for hearing on appeal no less than thirty days for receipt of Notice of Appeal and issue a decision within thirty days of hearing. Failure of the Appeals Board to act shall be construed as an affirmation of the Allocation Committee decision.

h. Animal Health. All permittee must participate in the state and federal brucellosis eradication program, or any other contagious and infectious disease eradication program. Any herd that has not been declared to be a certified brucellosis free herd or free of any other contagious or infectious disease shall be removed from the Pine Ridge Indian Reservation, in accordance with applicable federal and state laws or tribal ordinance. It shall be the responsibility of the permittee to present to the Bureau of Indian Affairs a health certificate for any/all livestock prior to moving livestock onto a range unit pursuant to a pasturing agreement .

(1) The permittee shall notify the owner of out-of-reservation livestock that the cattle and/or buffalo must be tested for contagious or infectious diseases and the permittee must provide a health certificate to the Bureau of Indian Affairs, Branch of Land Operations prior to moving livestock onto the range unit.

i. Allocation Preference: Allocation preference shall be exercised consistent with the Constitution and By-Laws of the Oglala Sioux Tribe.

j . Livestock Herd Dispersal. Any permittee awarded allocated and / or preference grazing privileges who sells his/her entire herd of livestock during the grazing permit contract shall immediately forfeit his /her allocation and /or preference privileges pursuant to Item (3) (e) of this ordinance, and shall remain ineligible for the remainder of that permit period, provided that yearling operators with a range unit plan of operations with Allocation Committee approval shall not be subject to (j)(1)(2) of this Ordinance .

(1) The permittee who disperses his /her herd or otherwise forfeits his /her Range Unit shall have no voice in the allocation of his/her forfeited Range Unit grazing permit .

(2) Any permittee who forfeits his /her grazing privileges pursuant to this provision shall remain eligible for future allocation privileges.

4. Advertisement for Grazing Privileges. Grazing privileges authorized for permitting in excess of allocation needs shall be advertised for competitive public sale by the Superintendent, in accordance with the following terms.

a. In the event more than one bid is received for an advertised range unit and no Indian Preference bid is received within five working days of the public sale date, an oral auction will be held. The time, date, place and terms of the oral auction shall be set by the Superintendent. Only those parties submitting a qualified bid for that specific range unit shall be allowed to participate in the oral auction.

b. Upon submission of proof of one hundred-percent ownership of their livestock, the bid deposit requirement shall be waived for tribal members participating in the bidding process.

c. Disqualified Bids: Bids shall not be accepted from bidders who are delinquent on payment of any amount of tribal tax assessment and/or penalties which have been levied by an assessment notice or bill mailed or otherwise delivered by the Tribe and/or Bureau of Indian Affairs to the bidder's last address of tribal record on or before seven working days prior to the date (not hour) set by the advertisement for the opening of sealed bids. Payment in full shall be made not less than twenty-four hours prior to the hour set for opening of sealed bids. Installment payments shall not be accepted.

d. Non-Preference: No preference shall be granted to non-Indians or non-member Indians .

e. Preference Bids: Adult enrolled members of the Oglala Sioux Tribe who qualify under the following preference shall not be required to submit a sealed bid, but shall have the privilege of meeting the high sealed bid on the units necessary for their operations within five working days after the bid opening. In the event there are two or more eligible Indian bidders for a particular advertised unit(s) an oral auction shall be held to determine the successful bidder.

(1) First Preference: Indian bidders who own the required percentage of livestock ownership as required by Section (3)(e) to be grazed on the unit(s) competed for and who was the past permittee of the unit(s).

(2) Second Preference: Indian bidders who own the required percentage of livestock ownership as required by Section (3) (e) to be grazing on the advertised unit(s). In the event there are two or more eligible Indian bidders for a particular advertised unit(s) an oral auction shall be held to determine the successful tribal bidder.

( 3 ) All non-allocated range units shall be subject to award to members eligible for allocation privilege provided such application for allocation be submitted to the Allocation Committee in accordance with (3)(a) of this ordinance. However, non-allocated range units awarded pursuant to Indian Preference shall not be awarded for allocation privilege during the remainder of the current five year contract period.

(4) Third Preference: Current permit holders who owns the required percentage of livestock ownership as required by Section 3 (e) to be grazed on the advertised unit(s). In the event these are two or more eligible tribal bidders for a particular advertised unit(s) an oral auction shall be held to determine the successful tribal bidder.

Range units currently held by the exercise of a first or second preference shall not be awarded to eligible allocation applicants during the 1995-2000 contract period.

f. Evidence of Livestock Ownership: Any tribal member exercising Indian preference shall fully comply with Section 3e (1-12) of this ordinance.

g. If, after compliance with Section (4) (b) of this ordinance, it has been established that there are no bidders for advertised grazing privileges on a

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particular range unit, qualified Indian bidders may negotiate grazing privileges on that particular range unit without regard to any ownership requirement . No preference shall be granted to those bidders. After evaluation of such negotiation the Superintendent shall award grazing privileges .

5 . Rental Rates : The minimum annual grazing rate per year, per animal unit for Oglala Sioux Tribal land shall be established by Oglala Sioux Tribal Council Resolution. An additional forty percent shall be charged for live water computed by the forty acre tract .

a. Delinquent Grazing Fee. In the event any permittee has failed to pay his/her annual rental fee by the first day of November, such nonpayment shall constitute grounds for immediate disqualification and cancellation of grazing permits .

6. Assignments: Grazing permits shall not be assigned, or transferred without the prior written consent of all contracting parties, including surety and written approval of the Superintendent. Allocated and or Indian preference range units shall be recommended for assignment by the Allocation Committee before approval by the Superintendent . No grazing permit awarded pursuant to this ordinance shall be sub-permitted .

?. Allotted: Allottee may stipulate the minimum rental rate they will accept on their individually owned lands by signed an Authority to Grant Grazing Privileges. Landowners shall be provided information explaining the procedure for stipulating minimum rental rates . Such information shall be written form and shall be made part of authority to grant grazing privileges on allotted land on form 5-5525.

8. Land Withdrawals: All requests for withdrawal of trust grazing lands from the range unit system shall be submitted in writing to the Superintendent no later than April 20th prior to the permitted anniversary date. No lands shall be withdrawn under the provisions of this part unless in accordance with the following provisions:

a. Grazing land withdrawn from any range unit by the landowner(s) for their own grazing or farming use shall require the landowner(s) to fence and maintain fencing of their land from the surrounding range unit with a standard three wire stock tight fence.

b. The Tribe, as landowner, may withdraw tribal land from any range unit(s) and recommend the withdrawal of individual allotments for use in a Oglala Sioux Tribal agricultural or ranching program with the consent of the individual landowners and approval by the Superintendent. Fencing under this part shall be the responsibility of the Tribe. In order to replace withdrawn land the Tribe shall assist the permittee(s) in obtaining equal range acreage capacity if available.

c. A written request to withdraw land from any range unit or range units for housing site locations shall indicate the acreage of the development site an the road right-of-way easement . The individual applicant and the Oglala Sioux Housing Authority shall be responsible for fencing the housing site and roadways, immediately upon withdrawal approval. The Tribe shall assist the permittee in obtaining equal range acreage capacity if available. No home sites shall be approved for withdrawal from a tribal tract if the requested home site includes existing dams, dugouts, wells or running streams.

d. In the event a landowner or landowners with the consent of the permittee withdraw grazing lands from a range unit before the expiration of the contract grazing season. Permittee of the range unit for any and all improvements placed upon the land by the permittee, provided that the landowner has voluntarily given his written consent for all required easements and/or right-of-way and/or written consent to the placement of such improvements upon such grazing land.

9. Hay Cutting Fee: Hay may be cut on tribal whole tract lands at no charge to tribal member permittee, however, the -permittee shall obtain approval for a hay cutting permit from the Oglala Sioux Tribal land Office. The permit shall be issued by the Bureau of Indian Affairs and signed by the Agency Superintendent. Tribal member permittee shall be charged $1.50 per acre on all trust lands where the Tribe has an undivided interest. The permit will be issued by the Superintendent and filed in the Bureau of Indian Affairs, Branch of Land Operations. Hay cutting permits shall be available to non-tribal member permittee at a minimum rate of $1.50 per acre. All permittee shall agree that no hay will be left in windrows, permittee bales or small shocks on the range unit. Violation of this section may result in cancellation or revocation of the grazing permit. The cutting of any hay on trust land without prior approval of the Oglala Sioux Tribe and/or Superintendent shall result in an assessment of $25.00 per sere of hay cut. It is recommended that all permittee be charged a minimum rate of $1.50 per acre for hay cutting on allotted land.

10. Pasturing Authorization Fee: Permittee with allocated and/or 1st or 2nd preference grazing privileges shall be required to obtain a pasturing authorization from the Bureau of Indian Affairs, Branch of Land Operations and pay to the Bureau of Indian Affairs an advance payment of one dollar, per head, per month for any livestock authorized in excess of the ownership requirements set forth in Paragraph (3) (e) of this ordinance. Non-payment of this fee shall result in the cancellation and/or revocation of the allocation or preference grazing privileges. This authorization shall not be assigned or sublet without the written consent of the parties thereto and the surety, pursuant to the regulation. Any livestock pastured without an approved pasturing agreement or in violation of an authorized pasturing agreement shall be assessed a penalty of $15.00 per head, per month.

11. Waste Control: All permittee shall cooperate with the Oglala Sioux Tribe and/or Bureau of Indian Affairs to minimize waste damage, to their respective range unit(s). Violation of this section may result in the recommended cancellation or revocation of the allocation privileges.

12. Tribal Taxes and Fees: Permittee shall. agree to pay any and all Oglala Sioux Tribal taxes and fees.

13. Preparation Fee: Permittee who fail to pay the preparation fee on or before the date due on the grazing permit shall be assessed a penalty at the rate prescribed by the U. S. Treasury for the period the obligation has been delinquent (42 Supplement 3 B.I.A.M.).

14. Hunting, Fishing, Wood cutting and Berry Picking: Any member of the Oglala Sioux Tribe who possesses the necessary licenses, or permits shall have the right to enter a range unit to hunt, fish, or gather dry fire wood, other food bearing plants and materials for cultural and religious purposes. Any tribal member shall also have the right to gather berries on tribal land. The cutting of green timber for fire wood shall be prohibited on tribal lands. Any tribal member entering on tribal lands for the above purposes shall comply with all relevant Oglala Sioux Tribal Council Resolutions and Ordinances.

15. Unlawful Conduct: Any unlawful conduct in violation of tribal or federal ordinances relating to land use or theft of livestock by any permittee shall subject the permit to immediate cancellation and/or forfeiture, call for immediate removal of all livestock from the range unit, and will prohibit issuance of any further grazing privileges upon completion of serving sentence on the conviction. Unlawful conduct shall include, but is not limited to:

a. Conviction of a misdemeanor or felony pertaining to land and/or land use.

b. Violation of any of the provisions of this ordinance or regulations or grazing permits as a result hereof.

c. Conviction of a crime of theft of livestock.

16. Jurisdiction: All holders of a range unit grazing permit, by acceptance of such grazing permit consent to the jurisdiction of the Oglala Sioux Tribe, and further agree to the submission of any disputes arising herein to the Courts of the Oglala Sioux Tribe.

17. Range Improvements: All permanent improvements, placed upon permitted grazing lands after November 6, 1970, shall become the property of the landowner without further consideration to the permittee unless the permittee has received the prior written approval of the Superintendent to erect such improvements as may be necessary to carry out the purposes of the permit, and providing all such improvements are made a matter of record in files at the Bureau of Indian Affairs, Branch of Land Operations. Updated Removable Range Improvement Forms shall be completed prior to each subsequent contract period, approved by the Superintendent and filed with the Bureau of Indian Affairs, Branch of Land Operations . The permittee shall have the right to remove such improvements as are capable of removal without damage to the land at any time before the expiration of the permit. All such improvements must be removed thirty days from the expiration of their permit, provided that the Superintendent may grant an extension of time upon receipt of written request for an extension of time for the permittee to remove authorized improvements.

18. Cemetery Preservation. All range unit permittee will be required to restrict livestock from cemeteries or grave yard plots which may be located within the range unit boundaries. Upkeep of fences surrounding cemeteries or grave sites is the responsibility of the permittee.

19. Land Use Tax : If during the five year contract period a range unit is taken from a non-Indian and allocated to a member of the Oglala Sioux Tribe, the Oglala Sioux Tribal member shall continue to pay the assessed land use tax for the remainder of that particular five year. contract period .

20. Seasonal Use of Range Unit(s): Prior to seasonal use or removal of a range unit that has previously been yearlong use the permittee shall notify the Bureau of Indian Affairs, Branch of land Operations, in order for a representative of that office to be present to count and confirm the number of cattle placed on such range unit(s) for seasonal use.

21. Penalty. Any and all violations of any portion of this Ordinance may result in the revocation of the award of allocated and/or preference privileges and a recommendation to the Superintendent, Bureau of Indian Affairs, that the award of a range unit awarded pursuant to the eligibility determined herein be revoked and such range unit(s) be made available to a tribal member eligible for allocation privileges.

22. Range Unit Information: Range Unit information including a map of the Pine Ridge Indian Reservation with range units delineated thereon with the carrying capacity of each range unit and other information not subject to the Federal Privacy Act shall be available for review at the Land Operations Office during normal business hours.

23. Environmental Regulations: All permittee shall operate and manage their respective range units in compliance with tribal and federal environmental protection laws, regulations and policies.

Hist : Ordinance 85-21. Amended by Ordinance 90-01; Amended by Ordinance 9402. Amended by Ordinance 95-05, prior ordinances are rescinded, repealed, made null, void and of no force or effect.

HISTORY: Amended by Ordinance No. 95-09.

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