[Federal Register Volume 64, Number 142 (Monday, July 26, 1999)]
[Notices]
[Pages 40387-40388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19023]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Operation and Maintenance Rate Adjustment: Colorado River 
Irrigation Project, Arizona

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of proposed irrigation operation and maintenance rate 
adjustment.

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SUMMARY: The Bureau of Indian Affairs proposes to adjust the assessment 
rates for operating and maintaining the Colorado River Irrigation 
Project for the CY 2000 irrigation season.

DATES: Interested parties may submit comments on the proposed rate 
adjustment. Comments must be submitted on or before September 24, 1999.

ADDRESSES: All comments concerning the proposed rate adjustment must be 
in writing and addressed to: Director, Office of Trust 
Responsibilities, Attn.: Irrigation and Power, MS 4513-MIB, Code 210, 
1849 C Street, NW, Washington, DC 20240; Telephone (202) 208-5480.

FOR FURTHER INFORMATION CONTACT: Area Director, Bureau of Indian 
Affairs, Phoenix Area Office, P.O. Box 10, Phoenix, Arizona 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 14, 1914 (38 Stat. 583, 25 U.S.C. 385). The Secretary has 
delegated this authority to the Assistant Secretary--Indian Affairs 
pursuant to 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 Secs. 171.1(e) and 171.1(g) 
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 of Bureau of Indian Affairs irrigation projects.
    The assessment rates are based on a prepared estimate of the cost 
of normal operation and maintenance of the irrigation project. Normal 
operation and maintenance mean 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 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 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. 
No water shall be delivered to any farm unit until all irrigation 
charges have been paid. After 180 days a delinquent debt will be 
forwarded to the United States Treasury for further action in 
accordance with Debt Collection Improvement Act of 1996 (Pub. L. 104-
134).

Rate Adjustment

    The following table illustrates the impact of the rate adjustment:

 Colorado River Irrigation Project, Irrigation Rate per Assessable Acre
------------------------------------------------------------------------
                                       Present
                                         1999         Proposed 2000
------------------------------------------------------------------------
Up to 5 acre-feet/acre..............     $36.00  $38.50.
Excess Water/acre-foot..............     $17.00  Unchanged.
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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.


[[Page 40388]]


    Dated: July 15, 1999.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 99-19023 Filed 7-23-99; 8:45 am]
BILLING CODE 4310-02-P