`[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Proposed Rules]
[Pages 35167-35172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16184]


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


DEPARTMENT OF THE INTERIOR
25 CFR Part 171

RIN 1076-AD44


Irrigation Projects and Systems

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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

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.
    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
    (c) Does not have significant federalism effects.

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

[[Page 35168]]

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. 
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.
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

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.
    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.

[[Page 35169]]

    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.

    (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.
    (c) We must use the construction debt repayment funds we collect 
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.
    (c) We must consult with the water users, or their authorized 
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.
    (c) Irrigation districts may make rules, policies, and procedures 
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.
    (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
    (c) Assume full responsibility for the facilities within your 
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.

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

[[Page 35170]]

                                                                        
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).                                                                 
------------------------------------------------------------------------




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;
    (c) You have made a written agreement with us to correct the alkali 
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;
    (c) Adversely affect the stored water supply, and
    (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
    (c) You agree to pay for the water at published rates.


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;
    (c) Properly maintain and rehabilitate your ditch; and
    (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.

    (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.
    (c) You will return waste water to our facilities only at points we 
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.
    (c) You must pay us all administrative, operating, maintenance, and 
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).
    (c) You must provide the rights of way to us at no cost.
    (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.
    (c) We own these structures unless we decide to do otherwise.
    (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,

[[Page 35171]]

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.
    (b) We will approve fences on our property or rights of way only if 
it:
    (1) Is properly installed;
    (2) Does not interfere with the flow or delivery of water; and
    (3) Does not interfere with the passage of our equipment and 
employees.
    (c) We must notify you in writing to remove fences we do not 
approve.
    (d) If you do not remove the fence in accordance with our notice, 
we will remove the fence at your expense.


Sec. 171.305  Can you place an obstruction on our property or rights of 
way?

    No. You must not place obstructions on our property or rights-of-
way. If you do, we will notify you in writing that you must remove it. 
If you do not remove the obstruction in accordance with our notice, we 
will remove it at your expense.

Subpart D--Financial Matters and Records


Sec. 171.401  Definitions for this subpart.

    Administrative costs means all expenses we incur to administer our 
project at the local level. This does not include the agency, area, or 
central office expenses.
    Assessment rate means the published charge you must pay for us to 
deliver water to your farm unit.
    Costs means the expenses we incur to provide direct support or 
benefit to your project's activities for administration, 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.
    (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.
    (c) We must use the assessed money we collect from you to support 
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.
    (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.
    (c) We will file and execute liens against Individual Indian Moneys 
(IIM) in accordance with 25 CFR 115.10.

[[Page 35172]]

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`