[Federal Register Volume 65, Number 194 (Thursday, October 5, 2000)]
[Notices]
[Pages 59461-59462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25531]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Operation and Maintenance Rate Adjustment for the Colorado River
Irrigation Project, Arizona
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of proposed 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 2001 irrigation season.
DATES: Interested parties may submit comments on the proposed rate
adjustment. Comments must be submitted on or before December 4, 2000.
ADDRESSES: All comments concerning the proposed rate adjustment must be
in writing and addressed to the Bureau of Indian Affairs, Director of
Trust Responsibilities, ATTN: Irrigation and Power, Mail Stop 3061,
1849 C Street, NW., Washington, DC 20240, telephone; (202) 208-5480.
FOR FURTHER INFORMATION CONTACT: Regional Director, Bureau of Indian
Affairs, Western Region, 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.
The new rates are specified in the following schedule.
This notice is given in accordance with Section 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 the fixing and announcing
the rates for annual operation and maintenance assessments and related
information of Bureau of Indian Affairs irrigation projects.
Background
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 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 salaries 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. Within 180 days a delinquent debt
will be forwarded to the U.S. Treasury for further action in accordance
with Debt Collection Improvement Act of 1996 (Public Law 104-134).
Rate Adjustment
The following table illustrates the impact of the rate adjustment:
Colorado River Irrigation Project
[Irrigation rate per assessable acre]
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Present 2000 Proposed 2001 Proposed 2002
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Up to 5 acre-feet/acre.................. $38.50 $37.00.................... $37.00.
Excess Water/acre-foot.................. 17.00 Unchanged................. Unchanged.
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Determinations and Certifications
Regulatory Planning and Review (E.O. 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. Sec. 601(2)).
Unfunded Mandates Reform Act: This rate adjustment imposes no
unfunded
[[Page 59462]]
mandates on any governmental or private entity and is in compliance
with the provisions of the Unfunded Mandates Reform Act of 1995.
Takings Implication Assessment (E.O. 12630): The Department has
determined that this rate adjustment does not have significant
``takings'' implications.
Federalism (E.O. 13132): 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.
Civil Justice Reform (E.O. 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.
Paperwork Reduction Act: This rate adjustment does not contain
collections of information requiring approval under the Paperwork
Reduction Act of 1995.
National Environmental Policy Act (NEPA): 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.
Public Comment Solicitation
Interested persons may submit written comments regarding the
proposed rate adjustment to the location identified in the ADDRESSES
section of this document. Our practice is to make comments, including
names and home addresses of respondents, available for public review
during regular business hours. Individual respondents may request
confidentiality. If you wish to request that we consider withholding
your name, street address, and other contact information (such as
Internet address, FAX, or phone number) from public review or from
disclosure under the Freedom of Information Act, you must state this
prominently at the beginning of your comment. We will honor your
request to the extent allowable by law. However, we will not consider
anonymous comments. We will make all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
for public inspection in their entirety.
Dated: September 27, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs
[FR Doc. 00-25531 Filed 10-4-00; 8:45 am]
BILLING CODE 4310-02-P