25 CFR § 171.405 - Can I build my own structure or take over responsibility of a BIA structure?

---
identifier: "/us/cfr/t25/s171.405"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 171.405 - Can I build my own structure or take over responsibility of a BIA structure?"
title_number: 25
title_name: "Indians"
section_number: "171.405"
section_name: "Can I build my own structure or take over responsibility of a BIA structure?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "H"
subchapter_name: "LAND AND WATER"
part_number: "171"
part_name: "IRRIGATION OPERATION AND MAINTENANCE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "25 U.S.C. 2; 25 U.S.C. 9; 25 U.S.C. 13; 25 U.S.C. 381; Act of April 4, 1910, 36 Stat. 270, as amended (codified at 25 U.S.C. 385); 25 U.S.C. 386a; Act of June 22, 1936, 49 Stat. 1803 (codified at 25 U.S.C. 389 )."
regulatory_source: "73 FR 11036, Feb. 29, 2008, unless otherwise noted."
cfr_part: "171"
---


# 171.405 Can I build my own structure or take over responsibility of a BIA structure?

You may build a structure on our irrigation facility for your private use or take responsibility of one of our structures, but only under a written agreement between you and us which:

(a) Relieves us from any future liability or responsibility for the structure;

(b) Relieves us from any future costs incurred for maintaining the structure;

(c) Describes what is granted by us and accepted by you; and

(d) Provides that if you do not regularly use a structure for a period of time that we have determined, or you do not properly maintain and rehabilitate the structure, we will notify you in writing that:

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

(2) If you do not comply with our notice, we may remove the structure and you must reimburse us our costs; and

(3) We may modify, close, or remove your structure without notice due to an urgency we have identified.