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DEPARTMENT OF THE INTERIOR

25 CFR Part 171

RIN 1076-AD44

Irrigation Projects and Systems

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Indian Affairs is revising its regulations

governing irrigation projects. The purpose of the revisions is to make

it easier to read and understand for the customers of Indian irrigation

projects; provide for consistent administration; establish the process

for updating practices, policies, and procedures for the

administration, operation, maintenance, and rehabilitation of

irrigation projects; and provide uniform accounting and record keeping

procedures.

DATES: You may send us written comments. We must receive them by

September 3, 1996.

ADDRESSES: You must mail or hand carry your comments to Terrance

Virden, Acting Director, Office of Trust Responsibilities, Bureau of

Indian Affairs, Department of the Interior, 1849 C Street, N.W., MS

4513 MIB, Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Ross Mooney, Chief, Branch of

Irrigation and Power, Division of Water and Land Resources, Bureau of

Indian Affairs, Department of the Interior, 1849 C Street, N.W., Mail

Stop 4513 MIB, Washington, D.C. 20240, Phone Number (202) 208-5480.

SUPPLEMENTARY INFORMATION: We are publishing this revised rule by the

authority delegated by the Secretary of the Interior to the Assistant

Secretary-Indian Affairs by 209 DM 8.

Our policy is to give the public an opportunity to participate in

the rule making process by submitting written comments regarding

proposed rules. We will consider all comments received during the

public comment period. We will determine necessary revisions and issue

the final rule. Please refer to this preamble's ``ADDRESSES'' section

for where you must submit your written comments on this proposed rule

s to give the public an opportunity to participate in

the rule making process by submitting written comments regarding

proposed rules. We will consider all comments received during the

public comment period. We will determine necessary revisions and issue

the final rule. Please refer to this preamble's ``ADDRESSES'' section

for where you must submit your written comments on this proposed rule.

We have determined that these proposed regulations meet the

applicable standards provided in Sections 3(a) and 3(b)(2) of Executive

Order 12988.

This rule is not a significant rule under Executive Order 12866 and

does not require approval by the Office of Management and Budget.

This rule imposes no unfunded mandates on any governmental or

private entity and is in compliance with the provisions of the Unfunded

Mandates Act of 1995.

We determined this proposed rule:

(a) Does not constitute a major Federal action significantly

affecting the human environment, and no detailed statement is needed

under the Environmental Policy Act of 1969;

(b) Does not have significant takings implications in accordance

with Executive Order 12630; and

Paperwork Reduction Act of 1995

Sections 171.214 and 171.215 contain information collection

requirements. As required by the Paperwork Reduction Act of 1995 (44

U.S.C. 3507(d)), the Bureau of Indian Affairs has submitted a copy of

these sections to the Office of Management and Budget for its review.

Water users must apply for water delivery. The information to be

collected includes: name; watery deliver location; time and date of

requested water delivery; duration of water delivery; rate of water

flow; number of acres irrigated; crop statistics; and other operational

information identified in the local administration manuals. The Bureau

needs and uses the information to operate and maintain its irrigation

projects and fulfill our reporting requirements

ollected includes: name; watery deliver location; time and date of

requested water delivery; duration of water delivery; rate of water

flow; number of acres irrigated; crop statistics; and other operational

information identified in the local administration manuals. The Bureau

needs and uses the information to operate and maintain its irrigation

projects and fulfill our reporting requirements.

All information is to be collected annually from each water user.

Annual

reporting and record keeping burden for this collection of information

is estimated to average 40 minutes for each response for approximately

51,500 respondents, including the time for reviewing instructions,

searching existing data sources, gathering and maintaining the data

needed, and completing and reviewing the collection of information.

Thus, the total annual reporting and recordkeeping burden for this

collection is estimated to be 4,292 hours.

Organizations and individuals wishing to submit comments on the

information collection requirement should direct them to the Office of

Information and Regulatory Affairs, OMB, Room 10202, New Executive

Office Building, Washington, D.C. 20503; Attention Desk Officer for

U.S. Department of Interior.

The Bureau of Indian Affairs considers comments by the public on

this proposed collection of information in:

Evaluating whether the proposed collection of information is

necessary for the proper performance of the Bureau, including whether

the information will have practical utility;

Enhancing the quality, usefulness, and clarity of the information

to be collected; and

Minimizing the burden of the collection of information on those who

are to respond, including through the use of appropriate collection

techniques or other form of information technology.

OMB is required to make a decision concerning the collection of

information contained in these proposed regulations between 30 and 60

days after publication of this document in the Federal Register

ted; and

Minimizing the burden of the collection of information on those who

are to respond, including through the use of appropriate collection

techniques or other form of information technology.

OMB is required to make a decision concerning the collection of

information contained in these proposed regulations between 30 and 60

days after publication of this document in the Federal Register.

Therefore, a comment to the OMB is best assured of having its full

effect if OMB receives it within 30 days of publication. This does not

affect the deadline for the public to comment to the Bureau of Indian

Affairs on the proposed rule.

List of Subjects in 25 CFR Part 171

Indians-lands, Irrigation.

For the reasons set out in the preamble we are proposing to revise

Part 171 of Title 25 of the Code of Federal Regulations, as follows:

PART 171--IRRIGATION PROJECTS AND SYSTEMS

Subpart A--General Provisions

Sec.

171.101 Definitions.

171.102 How we will administer irrigation projects.

171.103 How we will establish local administration manuals for each

project.

171.104 What are the responsibilities and authorities of irrigation

districts?

171.105 How can you appeal our decisions?

Subpart B--How We Will Distribute Water

171.201 Water delivery points for farm units.

171.202 What if my farm is too high?

171.203 What must I do if I subdivide a farm unit?

171.204 What must I do if I combine farm units?

171.205 How we will distribute water

or each

project.

171.104 What are the responsibilities and authorities of irrigation

districts?

171.105 How can you appeal our decisions?

Subpart B--How We Will Distribute Water

171.201 Water delivery points for farm units.

171.202 What if my farm is too high?

171.203 What must I do if I subdivide a farm unit?

171.204 What must I do if I combine farm units?

171.205 How we will distribute water.

171.206 What restrictions are there on my use of water?

171.207 Will you deliver water to my farm unit if I have not paid

my assessments?

171.208 May I ever receive water if I cannot pay my assessments on

time?

171.209 May I use water for leaching?

171.210 Is there a deadline by which I must use water that you

deliver for leaching?

171.211 May I use water for domestic and stock purposes?

171.212 Will you deliver water over my quota?

171.213 How can I get water delivered to my service or farm ditch?

171.214 How do I apply for water delivery?

171.215 How we record your water delivery.

171.216 What are my responsibilities concerning waste water and

surface drainage?

171.217 When will we establish carriage agreements?

Subpart C--Project Facilities

171.301 Who is responsible for obtaining rights of way?

171.302 Who is responsible for structures on our property or rights

of way?

171.303 May I ever take over a structure that you have built?

171.304 Can you install a fence on our property or rights of way?

171.305 Can you place an obstruction on our property or rights of

way?

Subpart D--Financial Matters and Records

171.401 Definitions for this subpart.

171.402 What costs must I pay?

171.403 How will I know what fees you will charge me?

171.404 How do you compute the costs that you charge me?

171.405 How will I be billed for the water that I use?

171.406 Uniform accounting and billing procedures are required.

171.407 What procedures apply if there are assessment or

construction repayment charges?

171.408 How will you recover late payments?

Subpart E--Miscellaneous

ust I pay?

171.403 How will I know what fees you will charge me?

171.404 How do you compute the costs that you charge me?

171.405 How will I be billed for the water that I use?

171.406 Uniform accounting and billing procedures are required.

171.407 What procedures apply if there are assessment or

construction repayment charges?

171.408 How will you recover late payments?

Subpart E--Miscellaneous

171.501 Information you must provide us.

171.502 Your responsibility concerning refuse.

Authority: Secs. 1, 3, 36 Stat. 270, 272, as amended; 25 U.S.C.

385. Sec. 171.4(b) also issued under 34 Stat. 1024, 38 Stat. 583,

and 68 Stat. 1026. Secs. 171.4(a), 171.4(c), 171.16(b), and

171.17(f) also issued under sec. 11, 39 Stat. 142.

Subpart A--General Provisions

Sec. 171.101 Definitions.

Administration Manual means the written compilation of policies,

procedures, and practices we must use to govern the local day-to-day

administration, operation, maintenance, and rehabilitation of our

individual projects.

Construction assessment means the periodic charge you must pay us

to repay appropriated funds we used to build project facilities that

the United States Congress has determined to be reimbursable to us.

Farm ditch means a ditch or canal located on your farm unit which

you own, operate, maintain, and rehabilitate.

Farm unit means the smallest parcel of land for which we will

establish a delivery point.

Farm unit size will be defined by us for each project in the local

Administration Manual.

Irrigation district means an organization representing water users,

established under proper legal authority to represent all of, or a

portion of, the water users for the purposes of the fair and beneficial

use of irrigation water, and conferring with us on the administration,

operation, maintenance, and rehabilitation of our project serving it.

Operation & Maintenance (O&M) Assessment means the computed per

acre cost you must pay us for administering, operating, maintaining,

and rehabilitating our facilities

t all of, or a

portion of, the water users for the purposes of the fair and beneficial

use of irrigation water, and conferring with us on the administration,

operation, maintenance, and rehabilitation of our project serving it.

Operation & Maintenance (O&M) Assessment means the computed per

acre cost you must pay us for administering, operating, maintaining,

and rehabilitating our facilities.

Project means a facility we own, including all appurtenant works,

for the delivery, diversion, and storage of irrigation water,

authorized and established by specific Congressional legislation. For

the purposes of this part, we will reference both projects and systems

using the term ``project.''

Service ditch means a ditch or canal you own, operate, maintain,

and rehabilitate into which we deliver water.

Severance agreement means an agreement between us and a landowner

to provide access, if we, through construction or extension of a

project, cause severance of the owner's property.

System means a facility we own, including all appurtenant works,

for the delivery, diversion, and storage of irrigation water, which we

established under the authority of the Snyder Act (25 U.S.C. 13).

Waste water means the runoff of water we deliver to you.

Water means water we deliver from, or return to, our facilities for

the general purpose of irrigation.

Water user means any person, business, government, or other entity

we provide water.

Water users' ledger means our record of water user accounts.

We means the United States Government, the Secretary of the

Interior, the Bureau of Indian Affairs, and all who are authorized to

represent us in matters covered under this part.

You means all interested parties receiving beneficial use of our

projects, such as water users and landowners, irrigation districts, or

other entities affected by this part.

Sec. 171.102 How we will administer irrigation projects.

ited States Government, the Secretary of the

Interior, the Bureau of Indian Affairs, and all who are authorized to

represent us in matters covered under this part.

You means all interested parties receiving beneficial use of our

projects, such as water users and landowners, irrigation districts, or

other entities affected by this part.

Sec. 171.102 How we will administer irrigation projects.

(a) We must enforce the regulations in this part and the provisions

of the local administration manuals to ensure the safe, reliable, and

efficient administration, operation, maintenance, and rehabilitation of

our facilities.

(b) Our enforcement includes refusing water delivery to you.

from you to repay the construction debt of the particular project where

we collect the money.

(d) You must agree to a construction debt repayment plan for the

project where you are located if repayment of the appropriated

construction funds is required.

Sec. 171.103 How we will establish local administration manuals for

each project.

(a) We will establish policies, procedures, and practices for the

local administration, operation, maintenance, and rehabilitation of

each project and compile them in a local administration manual.

(b) We must publish a notice in the Federal Register before

establishing, or amending, a project's administration manual.

representatives, and tribal representatives to seek comment on

administration manuals and other matters of irrigation priorities and

policies.

Sec. 171.104 What are the responsibilities and authorities of

irrigation districts?

(a) Water users may form an irrigation district to represent their

interests.

s administration manual.

representatives, and tribal representatives to seek comment on

administration manuals and other matters of irrigation priorities and

policies.

Sec. 171.104 What are the responsibilities and authorities of

irrigation districts?

(a) Water users may form an irrigation district to represent their

interests.

(b) An irrigation district must do the following before we will

deliver water:

(1) Properly execute a construction repayment contract;

(2) Pay all charges in accordance with the construction repayment

contract;

(3) Pay us all past and current construction assessment charges;

and

(4) Pay us all past and current O&M assessment charges.

they may find necessary to administer water delivery within their

district.

(d) Irrigation districts cannot make rules, policies, or procedures

that conflict with the regulations in this part, or the local

administration manual.

Sec. 171.105 How can you appeal our decisions?

(a) You may appeal our decisions in accordance with subchapter A,

part 2 of Title 25 or in accordance with the established local

administrative manual, whichever has specific application for what you

are appealing.

(b) Until your appeal is settled, you must:

(1) Conform to our requirements for us to deliver water; and

(2) Pay the charge(s) or rates, if you are appealing assessments,

rates, or fees.

Subpart B--How We Will Distribute Water

Sec. 171.201 Water delivery points for farm units.

(a) We will normally deliver water to your farm unit at a single

point we designate.

for what you

are appealing.

(b) Until your appeal is settled, you must:

(1) Conform to our requirements for us to deliver water; and

(2) Pay the charge(s) or rates, if you are appealing assessments,

rates, or fees.

Subpart B--How We Will Distribute Water

Sec. 171.201 Water delivery points for farm units.

(a) We will normally deliver water to your farm unit at a single

point we designate.

(b) We may establish additional delivery point(s) under the

following conditions:

(1) We determine it is impractical for you to irrigate your farm

unit from a single delivery point;

(2) You must bear all costs for establishing additional delivery

point(s); and

(3) We may establish your delivery point(s) at a well head.

Sec. 171.202 What if my farm is too high?

(a) We will not change our water level to deliver water to you.

(b) You may install, operate and maintain equipment, at your

expense, to put our water on your land:

(1) From a point we designate; and

(2) In accordance with specifications we approve.

Sec. 171.203 What must I do if I subdivide a farm unit?

(a) Legally record a plat or map of the subdivision and provide us

a copy; and

(b) Show on the plat or map how water is to be delivered within the

subdivision; and

subdivision.

Sec. 171.204 What must I do if I combine farm units?

(a) If you combine farm units, or portions of farm units, under a

lease, or ownership, we must modify or remove existing delivery points

to comply with Sec. 171.203 (a) and (b). You must pay us the cost of

modification or removal to meet this requirement. Any modifications

must not disrupt water delivery to other water users.

subdivision.

Sec. 171.204 What must I do if I combine farm units?

(a) If you combine farm units, or portions of farm units, under a

lease, or ownership, we must modify or remove existing delivery points

to comply with Sec. 171.203 (a) and (b). You must pay us the cost of

modification or removal to meet this requirement. Any modifications

must not disrupt water delivery to other water users.

(b) Should you change your mind about combining farm units after we

have modified or removed our facilities:

(1) We must approve reestablishment of the water delivery points;

(2) Other water users must not have their water delivery service

disrupted to reestablish the water delivery points, and

(3) You must pay us all costs to reestablish the delivery points.

Sec. 171.205 How we will distribute water.

We will follow the distribution procedures in the local

administration manual. We will notify you in writing when your quota of

water for the season has been delivered.

Sec. 171.206 What restrictions are there on my use of water?

(a) You must not interfere with, or alter, water flow, storage, or

delivery without our authorization.

(b) You must not possess or use water in any way without our

permission.

Sec. 171.207 Will you deliver water to my farm unit if I have not paid

my assessments?

No. You must pay all O&M and construction assessments before we

will deliver water to your farm unit. The only limited exceptions to

this rule are contained in Sec. 171.208.

Sec. 171.208 May I ever receive water if I cannot pay my assessments

on time?

We may agree to deliver water to your farm unit if you cannot pay

your assessments on time and if you meet one of the conditions in the

following table.

pay all O&M and construction assessments before we

will deliver water to your farm unit. The only limited exceptions to

this rule are contained in Sec. 171.208.

Sec. 171.208 May I ever receive water if I cannot pay my assessments

on time?

We may agree to deliver water to your farm unit if you cannot pay

your assessments on time and if you meet one of the conditions in the

following table.

------------------------------------------------------------------------

We may deliver water to you if: and . . .

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your farm unit is held in trust or is (1) we certify in writing

restricted land. that you are an Indian

owner and are financially

unable to pay on time; (2)

you make arrangements to

pay us eventually; and (3)

you allow us to place a

first lien against your

land until you pay the

assessments.

your farm unit is leased trust or you make delayed payment

restricted land and the lease was arrangements with us.

negotiated by the Indian owner.

you have asked us for an adjustment or we have not yet acted on

cancellation for the assessment on your your request.

land.

you have an approved deferred payment

contract on your land that was executed

under the Act of June 22, 1936 (49 Stat.

1803).

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Sec. 171.209 May I use water for leaching?

We may deliver water to your farm unit for leaching land that is

impregnated by alkali. We may charge for this water. We will deliver

this water if:

(a) The water is available;

(b) You have a plan of operation that we have approved;

problem; and

(d) You do not owe us any money.

Sec. 171.210 Is there a deadline by which I must use water that you

deliver for leaching?

Yes. You must make full beneficial use of water delivered for

leaching purposes by the date in the administration manual. If you have

not:

have a plan of operation that we have approved;

problem; and

(d) You do not owe us any money.

Sec. 171.210 Is there a deadline by which I must use water that you

deliver for leaching?

Yes. You must make full beneficial use of water delivered for

leaching purposes by the date in the administration manual. If you have

not:

(a) We must refuse to deliver water to you for leaching; and

(b) We must charge you for any delivered water.

Sec. 171.211 May I use water for domestic and stock purposes?

We may deliver water for domestic and stock purposes if it will

not:

(a) Interfere with the operation, maintenance, or rehabilitation of

our facilities;

(b) Be detrimental to, or endanger, our facilities;

(d) Incur additional costs to us.

Sec. 171.212 Will you deliver water over my quota?

We may deliver additional water above your quota:

(a) If we determine excess water is available;

(b) You request the water in writing; and

Sec. 171.213 How do I get water delivered to my service or farm ditch?

For us to deliver water to your service or farm ditch you must:

(a) Put the water to beneficial use;

(b) Make sure your ditch has sufficient carrying capacity;

(d) Make sure your ditch has minimal losses.

Sec. 171.214 How do I apply for water delivery?

(a) You must request water delivery in accordance with the

administration manual we have established for your project.

(b) Your request must contain at least the following information:

(1) Your name;

(2) Where you want water delivered;

(3) The time and date you want water delivered;

(4) How long you want water delivered;

(5) The rate of water flow you want; and

(6) How many acres you are irrigating.

Sec. 171.215 How we record your water delivery.

administration manual we have established for your project.

(b) Your request must contain at least the following information:

(1) Your name;

(2) Where you want water delivered;

(3) The time and date you want water delivered;

(4) How long you want water delivered;

(5) The rate of water flow you want; and

(6) How many acres you are irrigating.

Sec. 171.215 How we record your water delivery.

(a) We maintain the water delivery records in accordance with the

administration manual.

(b) We will keep at least the following information as part of your

water delivery record:

(1) Your name;

(2) Beginning date and time of your water delivery;

(3) Ending date and time of your water delivery;

(4) Amount of water we delivered to you; and

(5) The actual acreage you irrigated.

Sec. 171.216 What are my responsibilities concerning waste water and

surface drainage?

(a) You are responsible for conveying your irrigation waste water

back to our facilities for drainage.

(b) You are responsible for all costs we might incur in helping you

meet your responsibility as described in paragraph (a) of this section.

designate, and in a way we approve.

(d) When there are two or more landowners or water users, it is

their responsibility to work out a satisfactory arrangement for

conveying their irrigation waste water to our facilities.

(e) Your waste water must not flow upon, or collect on, our rights

of way or roads, except at points we designate, and in a way we

approve.

Sec. 171.217 When will we establish carriage agreements?

(a) We may enter into an agreement to deliver non-project water to

non-project land if we have determined there is excess capacity in our

facilities to do so.

(b) We may enter into an agreement with a private enterprise or

individual to convey water through other than our own facilities to

isolated project land you are irrigating.

Sec. 171.217 When will we establish carriage agreements?

(a) We may enter into an agreement to deliver non-project water to

non-project land if we have determined there is excess capacity in our

facilities to do so.

(b) We may enter into an agreement with a private enterprise or

individual to convey water through other than our own facilities to

isolated project land you are irrigating.

rehabilitation costs associated with these agreements before we will

convey the water.

Subpart C--Project Facilities

Sec. 171.301 Who is responsible for obtaining rights of way?

You must obtain rights of way necessary for us to construct or

extend facilities to deliver water to your farm unit, in accordance

with the following:

(a) For rights of way across trust or restricted lands, you must

obtain these rights-of-way in accordance with 25 CFR part 169.

(b) For rights of way across fee patented lands, you must obtain

the right-of-way from the property owner(s).

(d) The right of way must be wide enough to permit passage and use

of our equipment for construction, operation, maintenance, and

rehabilitation of our facilities.

Sec. 171.302 Who is responsible for structures, on our property or

rights-of-way?

(a) We must build, operate, maintain, and rehabilitate our own

structures, including bridges and other crossings, unless we authorize

someone else to do it, in writing.

(b) When we are building, or extending our existing facilities, we

may build other structures or facilities for private use when justified

by severance agreements, or other considerations.

(d) If we build and own a structure for your benefit, we may

require you to maintain it. If you do not, and we perform the necessary

maintenance ourselves, you must pay us all costs incurred.

ing facilities, we

may build other structures or facilities for private use when justified

by severance agreements, or other considerations.

(d) If we build and own a structure for your benefit, we may

require you to maintain it. If you do not, and we perform the necessary

maintenance ourselves, you must pay us all costs incurred.

(e) You may build a structure encroaching on our rights of way for

your private use after:

(1) We approve in writing;

(2) We approve the plans for construction; and

(3) You sign a written agreement with us stating you will bear all

costs of installation, maintenance,

rehabilitation, and possible future removal.

(f) If any structure built under this part is no longer needed, we

may remove it.

Sec. 171.303 May I ever take over a structure that you have built?

(a) If you want to use a structure we plan on removing, you may

request in writing to take ownership of the structure.

(b) We may transfer ownership of a structure to you under an

agreement which:

(1) Relieves us from any future liability or responsibility for the

structure;

(2) Relieves us from any future costs incurred for maintaining the

structure; and

(3) Stipulates all that is granted and accepted by you.

(4) Provides that if you do not regularly use a structure for a

period of one year, or do not properly maintain and rehabilitate the

structure, we will notify you in writing that:

(i) You must either remove it or correct any unsafe condition; and

(ii) If you do not comply with our notice, we may remove the

structure and you must pay us all costs we incur.

Sec. 171.304 Can you install a fence on our property or rights of way?

(a) You must not place a fence across or within our property or

rights of way without our written approval.

n, operation,

maintenance, and rehabilitation. Depending on the activity, we must

include at least:

(1) Salary and benefits for the project engineer/manager and our

employees under his or her control;

(2) Materials and supplies;

(3) Major and minor vehicle and equipment repairs;

(4) Equipment, including transportation, fuel, oil, grease, lease

and replacement;

(5) Capitalization expenses;

(6) Acquisition expenses; and

(7) Other expenses we determine necessary to properly perform the

activities and functions necessary for an irrigation project.

Maintenance costs means all expenses we incur to maintain and

repair our facilities and equipment of our project.

Operation costs means all expenses we incur to operate the

facilities and equipment of our project.

Rehabilitation costs means all expenses we incur to maintain our

project facilities to original design specifications.

Total assessable acres means the total authorized acres within a

project to which we can deliver water.

Total cost means the total of all administrative, operating,

maintenance, and rehabilitation costs we incur to deliver water at the

particular project you are located. These costs do not generally

include costs above the project engineer/manager.

Total cost per acre means the computed cost we incur on a per acre

basis by dividing the total cost by the total assessable acres, as

follows:

Total Costs per Acre equals Total Cost divided by Total

Assessable Acres.

Sec. 171.402 What costs must I pay?

You must pay us for the total costs we incur for operating and

maintaining the project where you are located. You must pay your

assessment, in accordance with the local administration manual, before

we will deliver water to your farm unit.

Sec. 171.403 How will I know what fees you will charge me?

(a) We will establish, and adjust as necessary, rates, charges, and

fees for recovering our total cost.

pay us for the total costs we incur for operating and

maintaining the project where you are located. You must pay your

assessment, in accordance with the local administration manual, before

we will deliver water to your farm unit.

Sec. 171.403 How will I know what fees you will charge me?

(a) We will establish, and adjust as necessary, rates, charges, and

fees for recovering our total cost.

(b) When we establish or adjust the fees for your project, we will

notify you by publishing a notice in the Federal Register. We will

review our costs for your project each year, and adjust the rates,

charges, and fees when necessary to comply with Sec. 171.402.

the administration, operation, maintenance, and rehabilitation

activities of the project where you are located.

Sec. 171.404 How do you compute the costs that you charge me?

We will base our assessments for your farm unit on the computed

total cost per acre times the total number of assessable acres in your

farm unit. If you subdivide your farm unit into smaller farming

acreages we may set a higher assessment rate for your subdivided

acreage. If we do this, we will notify you by publishing a notice in

the Federal Register.

Sec. 171.405 How will I be billed for the water that I use?

(a) We will maintain water users' ledgers in accordance with the

administration manual on all projects where we levy and collect

assessment and construction repayment charges.

(1) We will make separate entries in the ledger for each water

user, and issue bills to the water users of record.

(2) When we receive payment, we will credit it to the proper ledger

account.

(3) If water is used for leased trust or restricted land, we will

bill the lessee.

th the

administration manual on all projects where we levy and collect

assessment and construction repayment charges.

(1) We will make separate entries in the ledger for each water

user, and issue bills to the water users of record.

(2) When we receive payment, we will credit it to the proper ledger

account.

(3) If water is used for leased trust or restricted land, we will

bill the lessee.

(b) Where irrigation districts have been established and have

executed a construction repayment contract, the district will bill you

and will follow the procedures in paragraph (a) of this section.

Sec. 171.406 Uniform accounting and billing procedures are required.

All projects under the jurisdiction of the Bureau must follow the

accounting and billing procedures that we establish.

Sec. 171.407 What procedures apply if there are assessment or

construction repayment charges?

Where payment of assessment or construction repayment charges is

required, refer to 4 CFR Parts 102, 103, 104, 105, and 25 CFR Part 115,

in addition to this part.

Sec. 171.408 How will we recover late payments?

(a) We will file liens in accordance with the administration

manual, against fee patent or trust lands within a project to recover

delinquent payments.

(b) Federal, State, and tribal government agencies are exempt from

interest, penalty, and administrative charges for delinquent payments.

(IIM) in accordance with 25 CFR 115.10.

Subpart E--Miscellaneous

Sec. 171.501 Information you must provide us.

(a) You must provide us with the information we request to assist

in the proper administration, operation, maintenance, and

rehabilitation of our facilities.

ty, and administrative charges for delinquent payments.

(IIM) in accordance with 25 CFR 115.10.

Subpart E--Miscellaneous

Sec. 171.501 Information you must provide us.

(a) You must provide us with the information we request to assist

in the proper administration, operation, maintenance, and

rehabilitation of our facilities.

(b) We will request all information in accordance with the local

administration manual.

Sec. 171.502 Your responsibility concerning refuse.

You must not use our property or rights of way to dispose of

sewage, trash, or other refuse.

Dated: May 24, 1996.

Ada E. Deer,

Assistant Secretary--Indian Affairs.

[FR Doc. 96-16184 Filed 7-3-96; 8:45 am]

BILLING CODE 4310-02-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.