---
kind: "section"
citation: "25 C.F.R. § 171.405"
title: "25"
number: "171.405"
heading: "Can I build my own structure or take over responsibility of a BIA structure?"
url: "https://uscodex.org/cfr/25/171.405"
---

# §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.

## Notes

### Authority

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 et seq. ).

### Source

Source: 73 FR 11036, Feb. 29, 2008, unless otherwise noted.