[Federal Register Volume 64, Number 88 (Friday, May 7, 1999)]
[Notices]
[Pages 24674-24675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11456]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Irrigation Operation and Maintenance Rate Adjustment for San 
Carlos Irrigation Project, Arizona

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of Irrigation Operation and Maintenance (O&M) Rate 
Adjustment.

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SUMMARY: The Bureau of Indian Affairs is adjusting the irrigation 
assessment rates for operating and maintaining the San Carlos 
Irrigation Project for the 1999 season.

DATES: The new irrigation assessment rate for 1999 will become 
effective May 7, 1999.

FOR FURTHER INFORMATION CONTACT: Wayne Nordwall, Area Director, Bureau 
of Indian Affairs, Phoenix Area Office, P.O. Box 10, Phoenix, AZ 85001, 
telephone (602) 379-6956.

SUPPLEMENTARY INFORMATION: The authority to issue this document is 
vested in the Secretary of the Interior by 5 U.S.C. 301 and the Act of 
August 15, 1914 (38 Stat. 583, 25 U.S.C. 385). The Secretary has 
delegated this authority to the Assistant Secretary-Indian Affairs 
under part 209 Departmental Manual, Chapter 8.1A and Memorandum dated 
January 25, 1994, from Chief of Staff, Department of the Interior, to 
Assistant Secretaries, and Heads of Bureaus and Offices.
    This notice is given in accordance with Section 171.1(e) of part 
171, Subchapter H, Chapter 1, of Title 25 of the Code of Federal 
Regulations, which provides for fixing and announcing the rates for 
annual operation and maintenance assessments and related information 
for BIA operated and owned irrigation projects.
    The assessment rates are based on an estimate of the cost of normal 
operation and maintenance of the irrigation project. Normal operation 
and maintenance means the expenses we incur to provide direct support 
or benefit to the project's activities for administration, operation, 
maintenance, and rehabilitation. We must include at least:
    (a) Personnel salary and benefits for the project engineer/manager 
and our employees under his/her management control,
    (b) Materials and supplies,
    (c) Major and minor vehicle and equipment repairs,
    (d) Equipment, including transportation, fuel, oil, grease, lease 
and replacement,
    (e) Capitalization expenses,
    (f) Acquisition expenses, and
    (g) Other expenses we determine necessary to properly perform the 
activities and functions characteristic of an irrigation project

Payments

    The irrigation operation and maintenance assessments become due 
based on locally established payment requirements. No water shall be 
delivered to any of these lands until all irrigation charges have been 
paid.

Interest and Penalty Fees

    Interest, penalty, and administrative fees will be assessed, where 
required by law, on all delinquent operation and maintenance assessment 
charges as prescribed in the Code of Federal Regulations, Title 4, Part 
102, Federal Claims Collection Standards; and 42 BIAM Supplement 3, 
part 3.8 Debt

[[Page 24675]]

Collection Procedures. Beginning 30 days after the due date interest 
will be assessed at the rate of the current value of funds to the U.S. 
Treasury. An administrative fee of $12.50 will be assessed each time an 
effort is made to collect a delinquent debt; a penalty charge of 6 
percent per year will be charged on delinquent debts over 90 days old 
and will accrue from the date the debt became delinquent. After 180 
days a delinquent debt will be forwarded to the United States Treasury 
for further action in accordance with the Debt Collection Improvement 
Act of 1996 (Pub. L. 104-134).
    Comments: On September 17, 1997, the Bureau of Indian Affairs 
published a notice in the Federal Register, 62 FR 44992, proposing to 
adjust the irrigation assessment rates for operating and maintaining 
SCIP for 1998, 1999, and subsequent years. The notice of proposed rate 
adjustment provided a 30-day public comment period. No comments were 
received for the 1998 irrigation season and a Federal Register notice 
was published on March 16, 1998, 62 FR 12818-12819, for the 1998 
irrigation season only. Comments were received for the proposed 
adjustment to the assessment for 1999.
    The San Carlos Irrigation and Drainage District (SCIDD) commented 
on the proposed 1999 irrigation assessment increase of $6.00 per acre 
to a $26.00 per acre assessment. Their comment questioned the inclusion 
in the assessment of the cost for future repair of the spillway gates 
at Coolidge Dam. Coolidge Dam is part of the infrastructure of the San 
Carlos Irrigation Project (SCIP). Subsequent to correspondence and 
meetings between BIA and SCIDD to review the proposed rate increase of 
$6.00 per acre, the BIA has decided not to increase the assessment to 
$26.00 at this time. The irrigation assessment for SCIP will remain at 
$20.00 per acre until further notice. The BIA has initiated a study of 
the spillway gates at Coolidge Dam to analyze the benefits of their 
repairing. Upon completion of the study, SCIP will review its possible 
impact on any future irrigation rate assessment.

Executive Order 12988

    The Department has certified to the Office of Management and Budget 
(OMB) that this rate adjustment meets the applicable standards provided 
in sections 3(a) and 3(b)(2) of Executive Order 12988.

Executive Order 12866

    This rate adjustment is not a significant regulatory action and has 
been 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).

Executive Order 12630

    The Department has determined that this rate adjustment does not 
have significant ``takings'' implications.

Executive Order 12612

    The Department has determined that this rate adjustment does not 
have significant Federalism effects because it pertains solely to 
Federal-tribal relations and will not interfere with the roles, rights, 
and responsibilities of states.

NEPA Compliance

    The Department has determined that this rate adjustment does 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.

Paperwork Reduction Act of 1995

    This rate adjustment does not contain collections of information 
requiring approval under the Paperwork Reduction Act of 1995.

Unfunded Mandates Act of 1995

    This rate adjustment imposes no unfunded mandates on any 
governmental or private entity and is in compliance with the provisions 
of the Unfunded Mandates Act of 1995.
    Rate Adjustment: The following table illustrates the rate 
adjustment:

    San Carlos Irrigation Project Irrigation Rate per Assessable Acre
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                                                       1998       1999
------------------------------------------------------------------------
Rate..............................................    $20.00     $20.00
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    Dated: April 29, 1999.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 99-11456 Filed 5-6-99; 8:45 am]
BILLING CODE 4310-02-P