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Zeutschel OS7000, 400 dpi, 8 bit, 5,908,352 bytesUntil 1955, the efforts to collect operation and maintenance charges were directed primarily to the individual Indian water users, notwithstanding the fact that the land served by the works is all tribally owned. Since 1955, largely as the result of efforts to increase assessments to more nearly cover costs, the tribe has become aware of the fact that the unpaid operation and maintenance assessments become a tribal debt rather than an individual Indian debt, and are collectible from tribal funds. The act of March 7, 1928 (45 Stat. 210), makes such debts a charge against the land and thus the responsibility of the owner rather than the user. The tribe felt that the operation and maintenance cost for water service was too high and that the tribe could do the job more economically. The tribal council asked for permission to take over operation and maintenance responsibility, and was informed that legislation for such purpose would be necessary inasmuch as the title to the works is in the United States and the reimbursable cost is a charge against the land. By resolutions dated September 18, 1957, and February 14, 1958, the tribal council reaffirmed its desire to assume operation and maintenance responsibility. The Bureau of Indian Affairs agreed with the tribal council that it would recommend legislation for that purpose. In return, the tribal council recognized the tribe's responsibility for paying all operation and maintenance costs beginning January 1, 1958, and it agreed to pay such costs until the necessary legislation to transfer the works is enacted. In accordance with this agreement, the tribe has made tribal funds available to meet the Bureau's estimated operation and maintenance costs from January 1, 1958, to June 30, 1959. The tribe is financially able to carry out the responsibility it desires to assume. The bill provides for time to train or hire tribal employees before the transfers are fully consummated. As many of the units are physically independent of each other, they may be transferred in groups as the tribal organization develops and becomes prepared to handle them. The transfer of such units as the Hogback, where a Bureau construction program is only partially complete, can be timed to coincide with its completion. Approximately 6,000 acres of an estimated ultimate 15,000 acres are at present under constructed works on Hogback. Section 3 of the bill provides that no transfer of project works to the Navajo Tribe will affect in any way the merits of the conflicting claims of the Navajo and Hopi Indians within the 1882 Executive order reservation area. The method for resolving those conflicting claims is provided by Public Law 85-547. The Bureau of the Budget advises us that there is no objection to the submission of this proposed legislation to the Congress. Sincerely yours,ROGER ERNST,Assistant Secretary of the Interio