FR Doc 05-19766

[Federal Register: October 4, 2005 (Volume 70, Number 191)]
[Notices]
[Page 57889-57894]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc05-87]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Rate Adjustments for Indian Irrigation Projects

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of proposed rate adjustments.

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SUMMARY: The Bureau of Indian Affairs (BIA) owns, or has an interest
in, irrigation facilities located on various Indian reservations
throughout the United States. We are required to establish rates to
recover the costs to administer, operate, maintain, and rehabilitate
those facilities. We request your comments on the proposed rate
adjustments.

DATES: Interested parties may submit comments on the proposed rate
adjustments on or before December 5, 2005.

ADDRESSES: All comments on the proposed rate adjustments must be in
writing and addressed to: Arch Wells, Acting Deputy Director, Office of
Trust Services, Attn.: Irrigation and Power, Mail Stop 4655-MIB, 1849 C
Street, NW., Washington, DC 20240, Telephone (202) 208-5480.

FOR FURTHER INFORMATION CONTACT: For details about a particular
irrigation project, please use the tables in SUPPLEMENTARY INFORMATION
section to contact the regional or local office where the project is
located.

SUPPLEMENTARY INFORMATION: The tables in this notice list the
irrigation project contacts where the BIA recovers its costs for local
administration, operation, maintenance, and rehabilitation, the current
irrigation assessment rates, and the proposed rates for the 2006
irrigation season and subsequent years where applicable.

[[Page 57890]]

What are some of the terms I should know for this notice?

The following are terms we use that may help you understand how we
are applying this notice.
Administrative costs means all costs we incur to administer our
irrigation projects at the local project level. Local project level
does not normally include the Agency, Region, or Central Office costs
unless we state otherwise in writing.
Assessable acre means lands designated by us to be served by one of
our irrigation projects and to which we provide irrigation service and
recover our costs. (See Total assessable acres.)
BIA means the Bureau of Indian Affairs.
Bill means our statement to you of the assessment charges and/or
fees you owe the United States for administration, operation,
maintenance, and/or rehabilitation. The date we mail or hand deliver
your bill will be stated on it.
Costs mean the costs we incur for administration, operation,
maintenance, and rehabilitation to provide direct support or benefit to
an irrigation facility.
Customer means any person or entity that we provide irrigation
service to.
Due date is the date on which your bill is due and payable. This
date will be stated on your bill.
I, me, my, you, and your means all interested parties, especially
persons or entities that we provide irrigation service to and receive
beneficial use of our irrigation projects affected by this notice and
our supporting policies, manuals, and handbooks.
Irrigation project means, for the purposes of this notice, the
facility or portions thereof, that we own, or have an interest in,
including all appurtenant works, for the delivery, diversion, and
storage of irrigation water to provide irrigation service to customers
to whom we assess periodic charges to recover our costs to administer,
operate, maintain, and rehabilitate. These projects may be referred to
as facilities, systems, or irrigation areas.
Irrigation service means the full range of services we provide
customers of our irrigation projects, including, but not limited to,
water delivery. This includes our activities to administer, operate,
maintain, and rehabilitate our projects.
Maintenance costs means all costs we incur to maintain and repair
our irrigation projects and equipment of our irrigation projects and is
a cost factor included in calculating your operation and maintenance
(O&M) assessment.
Minimum charge means some irrigation facilities may assess a
minimum operation and maintenance charge. A minimum charge is designed
to cover the minimum costs of providing irrigation service to a
customer. At these facilities, if the minimum charge is more than the
assessment calculated by multiplying the total assessable acres of your
land by the annual operation and maintenance assessment rate, you will
be billed the minimum charge.
Must means an imperative or mandatory act or requirement.
Operation and maintenance (O&M) assessment means the periodic
charge you must pay us to reimburse our costs and to receive services
and water from the project.
Operation or operating costs means costs we incur to operate our
irrigation projects and equipment and is a cost factor included in
calculating your O&M assessment.
Past due bill means a bill that has not been paid by the close of
business on the 30th day after the due date, as stated on the bill.
Beginning on the 31st day after the due date we begin assessing
additional charges accruing from the due date.
Rehabilitation costs means costs we incur to restore our irrigation
projects or features to original operating condition or to the nearest
state which can be achieved using current technology and is a cost
factor included in calculating your O&M assessment.
Total assessable acres means the total acres served by one of our
irrigation projects.
Total O&M cost means the total of all the allowable and allocatable
costs we incur for administering, operating, maintaining, and
rehabilitating our irrigation projects serving your farm unit.
Water means water we deliver at our projects for the general
purpose of irrigation and other purposes we agree to in writing.
Water delivery is an activity that is part of the irrigation
service we provide our customers when water is available.
We, us, and our means the United States Government, the Secretary
of the Interior, the BIA, and all who are authorized to represent us in
matters covered under this notice.

Does this notice affect me?

This notice affects you if you own or lease land within the
assessable acreage of one of our irrigation projects, or you have a
carriage agreement with one of our irrigation projects.

Where can I get information on the regulatory and legal citations in
this notice?

You can contact the appropriate office(s) stated in the tables for
the irrigation project that serves you, or you can use the Internet
site for the Government Printing Office at http://www.gpo.gov.

Why are you publishing this notice?

We are publishing this notice to notify you that we propose to
adjust one or more of our irrigation assessment rates. This notice is
published in accordance with the BIA's regulations governing its
operation and maintenance of irrigation projects, specifically, 25 CFR
171.1. These sections provide for the fixing and announcing of the
rates for annual assessments and related information for our irrigation
projects.

What authorizes you to issue this notice?

Our authority to issue this notice is vested in the Secretary of
the Interior by 5 U.S.C. 301 and the Act of August 14, 1914 (38 Stat.
583; 25 U.S.C. 385). The Secretary has in turn delegated this authority
to the Assistant Secretary--Indian Affairs under Part 209, Chapter
8.1A, of the Department of the Interior's Departmental Manual.

When will you put the rate adjustments into effect?

We will put the rate adjustments into effect for the 2006
irrigation season and subsequent years where applicable.

How do you calculate irrigation rates?

We calculate irrigation assessment rates in accordance with 25 CFR
171.1(f) by estimating the cost of normal operation and maintenance at
each of our irrigation projects. The cost of normal operation and
maintenance means the expenses we incur to provide direct support or
benefit for an irrigation project's activities for administration,
operation, maintenance, and rehabilitation. These costs are then
applied as stated in the rate table in this notice.

What kinds of expenses do you include in determining the estimated cost
of normal operation and maintenance?

We include the following expenses:
(a) Personnel salary and benefits for the project engineer/manager
and project employees under their management control;
(b) Materials and supplies;
(c) Major and minor vehicle and equipment repairs;

[[Page 57891]]

(d) Equipment, including transportation, fuel, oil, grease, lease
and replacement;
(e) Capitalization expenses;
(f) Acquisition expenses;
(g) Maintenance of a reserve fund available for contingencies or
emergency expenses for, and insuring, reliable operation of the
irrigation project;
(h) Other expenses we determine necessary to properly perform the
activities and functions characteristic of an irrigation project; and
(i) Rehabilitation costs.

When should I pay my irrigation assessment?

We will mail or hand deliver your bill notifying you of the amount
you owe to the United States and when such amount is due. If we mail
your bill, we will consider it as being delivered no later than 5
business days after the day we mail it. You should pay your bill no
later than the close of business on the 30th day after the due date
stated on the bill.

What information must I provide for billing purposes?

We must obtain certain information from you to ensure we can
properly process, bill for, and collect money owed to the United
States. We are required to collect the taxpayer identification number
or social security number to properly bill the responsible party and
service the account under the authority of, and as prescribed in,
Public Law 104-143, the Debt Collection Improvement Act of 1996.
(a) At a minimum, this information is:
(1) Full legal name of person or entity responsible for paying the
bill;
(2) Adequate and correct address for mailing or hand delivering our
bill; and
(3) The taxpayer identification number or social security number of
the person or entity responsible for paying the bill;
(b) It is your responsibility to ensure we have correct and
accurate information for paragraph (a) of this section.
(c) If you are late paying your bill due to your failure to furnish
such information or comply with paragraph (b) of this section, you
cannot appeal your bill on this basis.

What can happen if I do not provide the information required for
billing purposes?

We can refuse to provide you irrigation service.

If I allow my bill to become past due, could this affect my water
delivery?

If we do not receive your payment before the close of business on
the 30th day after the due date stated on your bill, we will send you a
past due notice. The past due notice will have additional information
concerning your rights. We will consider your past due notice as
delivered no later than 5 business days after the day we mail it. We
have the right to refuse water delivery to any of your irrigated land
on which the bill is past due. We can continue to refuse water delivery
until you pay your bill or make payment arrangements that we agree to.
Our authority to demand payment of your past due bill is 31 CFR 901.2,
``Demand for Payment.''

Are there any additional charges if I am late paying my bill?

Yes. We will assess you interest on the amount owed and use the
rate of interest established annually by the Secretary of the United
States Treasury (Treasury) to calculate what you will be assessed (31
CFR 901.9(b)). You will not be assessed this charge until your bill is
past due. However, if you allow your bill to become past due, interest
will accrue from the due date, not the past due date. Also, you will be
charged an administrative fee of $12.50 for each time we try to collect
your past due bill. If your bill becomes more than 90 days past due,
you will be assessed a penalty charge of 6 percent per year and it will
accrue from the date your bill initially became past due. Our authority
to assess interest, penalties, and administration fees on past due
bills is prescribed in 31 CFR 901.9, ``Interest, penalties, and
costs.''

What else can happen to my past due bill?

If you do not pay your bill or make payment arrangements that we
agree to, we are required to send your past due bill to the Treasury
for further action. We must send your bill to Treasury no later than
180 days after the original due date of your irrigation assessment
bill. The requirement for us to send your unpaid bill to Treasury is
prescribed in 31 CFR 901.1, ``Aggressive agency collection activity.''

Who can I contact for further information?

The following tables are the regional and project/agency contacts
for our irrigation facilities.

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Project name Project/agency contacts
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Northwest Region Contacts
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Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest
Regional Office 911 N.E. 11th Avenue, Portland, Oregon 97232-4169,
Telephone: (503) 231-6702
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Flathead Irrigation Project....... Ernest T. Moran, Superintendent,
Flathead Agency Irrigation
Division, P.O. Box 40, Pablo, MT
59855-0040, Telephone: (406) 675-
2700.
Fort Hall Irrigation Project...... Eric J. LaPointe, Superintendent,
Alan Oliver, Irrigation Project
Engineer, Fort Hall Agency, P.O.
Box 220, Fort Hall, ID 83203-0220,
Telephone: (208) 238-2301.
Wapato Irrigation Project......... Pierce Harrison, Project
Administrator, Wapato Irrigation
Project, P.O. Box 220, Wapato, WA
98951-0220, Telephone: (509) 877-
3155.
-----------------------------------
Rocky Mountain Region Contacts
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Keith Beartusk, Regional Director, Bureau of Indian Affairs, Rocky
Mountain Regional Office 316 North 26th Street, Billings, Montana 59101,
Telephone: (406) 247-7943.
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Blackfeet Irrigation Project...... Ross Denny, Superintendent, Ted
Hall, Irrigation Project Manager,
Box 880, Browning, MT 59417,
Telephones: (406) 338-7544,
Superintendent, (406) 338-7519,
Irrigation.
Crow Irrigation Project........... Ed Lone Fight, Superintendent,
Irrigation Project Manager, Vacant,
P.O. Box 69, Crow Agency, MT 59022,
Telephones: (406) 638-2672,
Superintendent, (406) 638-2863,
Irrigation.
Fort Belknap Irrigation Project... Judy Gray, Superintendent, Ralph
Leo, Irrigation Project Manager,
R.R.1, Box 980, Harlem, MT 59526,
Telephones: (406) 353-2901,
Superintendent, (406) 353-2905,
Irrigation.

[[Page 57892]]

Fort Peck Irrigation Project...... Spike Bighorn, Superintendent, P.O.
Box 637, Poplar, MT 59255, Vacant,
Irrigation Manager 602 6th Avenue
North, Wolf Point, MT 59201,
Telephones: (406) 768-5312,
Superintendent, (406) 653-1752,
Irrigation.
Wind River Irrigation Project..... George Gover, Superintendent, Ray
Nation, Acting Irrigation Project
Manager, P.O. Box 158, Fort
Washakie, WY 82514, Telephones:
(307) 332-7810, Superintendent,
(307) 332-2596, Irrigation.
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Southwest Region Contacts
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Larry Morrin, Regional Director, Bureau of Indian Affairs, Southwest
Regional Office, 1001 Indian School Road, Albuquerque, New Mexico 87104,
Telephone: (505) 563-3100.
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Pine River Irrigation Project..... Diana Olguin, Acting Superintendent,
John Formea, Irrigation Engineer,
P.O. Box 315, Ignacio, CO 81137-
0315, Telephones: (970) 563-4511,
Superintendent, (970) 563-1017,
Irrigation.
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Western Region Contacts
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Brian Bowker, Acting Regional Director, Bureau of Indian Affairs,
Western Regional Office, P.O. Box 10, Phoenix, Arizona 85001, Telephone:
(602) 379-6600.
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Colorado River Irrigation Project. Allen Anspach, Superintendent, Ted
Henry, Irrigation Project Manager,
R.R. 1 Box 9-C, Parker, AZ 85344,
Telephone: (928) 669-7111.
Duck Valley Irrigation Project.... Virgil Townsend, Superintendent,
1555 Shoshone Circle, Elko, NV
89801, Telephone: (775) 738-0569.
Fort Yuma Irrigation Project...... William Pyott, Land Operations
Officer, P.O. Box 11000, Yuma, AZ
85366, Telephone: (520) 782-1202.
San Carlos Irrigation Project Carl Christensen, Supervisory
Joint Works. General Engineer, P.O. Box 250,
Coolidge, AZ 85228, Telephone:
(520) 723-6216.
San Carlos Irrigation Project Joe Revak, Supervisory General
Indian Works. Engineer, Pima Agency, Land
Operations, Box 8, Sacaton, AZ
85247, Telephone: (520) 562-3372.
Uintah Irrigation Project......... Lynn Hansen, Irrigation Manager,
P.O. Box 130, Fort Duchesne, UT
84026, Telephone: (435) 722-4341.
Walker River Irrigation Project... Robert Hunter, Superintendent, 1677
Hot Springs Road, Carson City, NV
89706, Telephone: (775) 887-3500.
------------------------------------------------------------------------

What irrigation assessments or charges are proposed for adjustment by
this notice?

The rate table below contains the current rates for all of our
irrigation projects where we recover our costs for operation and
maintenance. The table also contains the proposed rates for the 2006
season and subsequent years where applicable. An asterisk immediately
following the name of the project notes the irrigation projects where
rates are proposed for adjustment.

------------------------------------------------------------------------
Current Proposed
Project name Rate category 2005 rate 2006 rate
------------------------------------------------------------------------
Northwest Region Rate Table
------------------------------------------------------------------------
Flathead Irrigation Project*. Basic Per acre. $21.45 $23.45
Fort Hall Irrigation Project* Basic Per acre. 22.00 24.00
Fort Hall Irrigation Project-- Basic Per acre. 14.00 15.00
Minor Units*.
Fort Hall Irrigation Project-- Basic Per acre. 33.00 34.00
Michaud*.
Pressure Per 46.50 48.50
acre.
Wapato Irrigation Project-- Billing Charge 5.00 5.00
Toppenish/Simcoe Units*. Per Tract.
Farm unit/land 13.00 13.50
tracts up to
one acre
(minimum
charge).
Farm unit/land 13.00 13.50
tracts over
one acre--per
acre.
Wapato Irrigation Project-- Billing Charge 5.00 5.00
Ahtanum Units*. Per Tract.
Farm unit/land 13.00 13.50
tracts up to
one acre
(minimum
charge).
Farm unit/land 13.00 13.50
tracts over
one acre--per
acre.
Wapato Irrigation Project-- Billing Charge 5.00 5.00
Satus Unit*. Per Tract.
Farm unit/land 51.00 53.00
tracts up to
one acre
(minimum
charge).
``A'' farm unit/ 51.00 53.00
land tracts
over one acre--
per acre.
Additional 56.00 58.00
Works farm
unit/land
tracts over
one acre--per
acre.
``B'' farm unit/ 61.00 63.00
land tracts
over one acre--
per acre.
Water Rental 62.00 64.50
Agreement
Lands--per
acre.
------------------------------------------------------------------------

[[Page 57893]]

Current Proposed 2006
Project name Rate category 2005 rate rate
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Southwest Region Rate Table
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Pine River Irrigation Project*................ Minimum Charge per tract....... $25.00 $100.00
Basic-per acre (includes $2.00 8.50 17.00
assessment for Vallecito
storage).
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Current Proposed
Project name Rate category 2005 rate 2006 rate Proposed 2007 rate
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Western Region Rate Table
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Colorado River Irrigation Project... Basic per acre up to $47.00 $47.00 To be Determined.
5.75 acre-feet.
Excess Water per acre- 17.00 17.00
foot over 5.75 acre-
feet.
Duck Valley Irrigation Project...... Basic-per acre......... 5.30 5.30
Fort Yuma Irrigation Project (See Basic-per acre Up to 65.00 65.00
Note 1). 5.0 acre-feet.
Excess Water per acre- 10.50 10.50
foot over 5.0 acre-
feet.
San Carlos Irrigation Project (Joint Basic-per acre......... 30.00 30.00 30.00
Works) (See Note 2).
San Carlos Irrigation Project Basic-per acre......... 77.00 77.00 To be Determined.
(Indian Works).
Uintah Irrigation Project........... Basic-per acre......... 11.00 12.00
Minimum Bill........... 25.00 25.00
Walker River Irrigation Project..... Indian per acre........ 7.32 7.32
non-Indian per acre.... 15.29 15.29
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* Notes irrigation projects where rates are proposed for adjustment.
Note 1--The Fort Yuma Irrigation Project is owned and operated by the Bureau of Reclamation
(Reclamation). The irrigation rates assessed for operation and maintenance are established by Reclamation and
are provided for informational purposes only. The BIA collects the irrigation assessments on behalf of
Reclamation.
Note 2--The 2007 irrigation rate of $30 per acre is proposed through this notice.

Consultation and Coordination With Tribal Governments (Executive Order
13175)

The BIA irrigation projects are vital components of the local
agriculture economy of the reservations on which they are located. To
fulfill its responsibilities to the tribes, tribal organizations, water
user organizations, and the individual water users, the BIA
communicates, coordinates, and consults on a continuing basis with
these entities on issues of water delivery, water availability, costs
of administration, operation, maintenance, and rehabilitation. This is
accomplished at the individual irrigation projects by Project, Agency,
and Regional representatives, as appropriate, in accordance with local
protocol and procedures. This notice is one component of the BIA's
overall coordination and consultation process to provide notice and
request comments from these entities on adjusting our irrigation rates.

Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (Executive Order 13211)

The rate adjustments will have no adverse effects on energy supply,
distribution, or use (including a shortfall in supply, price increases,
and increase use of foreign supplies) should the proposed rate
adjustments be implemented. This is a notice for rate adjustments at
BIA owned and operated irrigation projects, except for the Fort Yuma
Irrigation Project. The Fort Yuma Irrigation Project is owned and
operated by the Bureau of Reclamation with a portion serving the Fort
Yuma Reservation.

Regulatory Planning and Review (Executive Order 12866)

These rate adjustments are not a significant regulatory action and
do not need to be reviewed by the Office of Management and Budget under
Executive Order 12866.

Regulatory Flexibility Act

This rate making is not a rule for the purposes of the Regulatory
Flexibility Act because it is ``a rule of particular applicability
relating to rates.'' 5 U.S.C. 601(2).

[[Page 57894]]

Unfunded Mandates Act of 1995

These rate adjustments impose no unfunded mandates on any
governmental or private entity and are in compliance with the
provisions of the Unfunded Mandates Act of 1995.

Takings (Executive Order 12630)

The Department has determined that these rate adjustments do not
have significant ``takings'' implications. The rate adjustments do not
deprive the public, State, or local governments of rights or property.

Federalism (Executive Order 13132)

The Department has determined that these rate adjustments do not
have significant Federalism effects because they pertain solely to
Federal-tribal relations and will not interfere with the roles, rights,
and responsibilities of states.

Civil Justice Reform (Executive Order 12988)

In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order.

Paperwork Reduction Act of 1995

These rate adjustments do not affect the collections of information
which have been approved by the Office of Information and Regulatory
Affairs, Office of Management and Budget, under the Paperwork Reduction
Act of 1995. The OMB Control Number is 1076-0141 and expires April 30,
2006.

National Environmental Policy Act

The Department has determined that these rate adjustments do not
constitute a major Federal action significantly affecting the quality
of the human environment and that no detailed statement is required
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370(d)).

Dated: September 20, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 05-19766 Filed 10-3-05; 8:45 am]

BILLING CODE 4310-W7-P