[Federal Register Volume 66, Number 186 (Tuesday, September 25, 2001)]
[Notices]
[Pages 49037-49039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23931]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Irrigation Rate Adjustment, Colorado River Irrigation Project

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 (BIA) proposes to adjust the 
excess water rates assessed to customers of the Colorado River 
Irrigation Project for the 2001 irrigation season and subsequent years. 
We request your comments on the proposed rate adjustment.

DATES: Interested parties may submit comments on the proposed rate 
adjustment. Comments must be submitted on or before November 26, 2001.

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-3061-MIB, Code 210, 
1849 C Street, NW, Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Jeff Hikins, Bureau of Indian Affairs, 
Colorado River Agency, Rt. 1, Box 9-C, Parker, AZ 85334. Phone Number: 
(520) 669-7111.

SUPPLEMENTARY INFORMATION:

Where Can Information on the Regulatory and Legal Citations in This 
Notice Be Obtained?

    You can contact the Colorado River Irrigation Project office at the 
location stated above or you can use the internet site for the 
Government Printing Office at http://www.gpo.gov.

What Is the Purpose of This Notice?

    This notice is to notify you that we propose to adjust the 
irrigation assessment rates for one of our irrigation projects. We are 
publishing the notice in accordance with the BIA's regulations 
governing its operation and maintenance of irrigation projects, 
specifically, sections 171.1(e) and 171.1(f) of part 171, subchapter H, 
chapter I of title 25 of the Code of Federal Regulations. These 
sections provide for the fixing and announcing of the rates for annual 
operation and maintenance assessments and related information for BIA 
irrigation projects.

What Authorizes Us To Issue This Notice?

    Our authority to issue this notice is vested in the Secretary of 
the Interior by 5 U.S.C. 301; 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 in accordance with part 209 of 
the Department of the Interior's Departmental Manual, Chapter 8.1A and 
a memorandum dated January 25, 1994, from the Chief of Staff, 
Department of the Interior, to Assistant Secretaries, and Heads of 
Bureaus and Offices.

How Do We Calculate Our Irrigation Rate?

    We calculate the assessment rate in accordance with section 171(f), 
subchapter H, chapter I of title 25 of the Code of Federal Regulations 
by estimating the cost of normal operation and maintenance at our 
irrigation project for which you receive service. Normal operation and 
maintenance means the expenses we incur to provide direct support or 
benefit for the 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 Are Included in Determining Our 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;
    (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 system; and
    (h) Other expenses we determine necessary to properly perform the 
activities and functions characteristic of an irrigation project.

When Should You Pay Your Irrigation Assessment?

    We will mail you a bill for your irrigation assessment. You should 
pay your bill no later than the due date stated on the bill. The due 
date is normally based on locally established payment requirements at 
each of our projects.

What Information Must You Provide Us for Billing Purposes?

    We must obtain certain information from you to ensure we can 
properly process, bill for, and collect monies owed the United States. 
At a minimum, this information is:
    (a) Full legal name of person or entity responsible for paying the 
bill;
    (b) Adequate and correct address for mailing or hand delivering our 
bill; and
    (c) The taxpayer identification number or social security number of 
the person or entity responsible for paying the bill.

Why Are We Collecting This Information?

    We need to collect enough information to properly bill the 
responsible party and service the account. We are also required to 
collect

[[Page 49038]]

the taxpayer identification number or social security number under the 
authority of, and as prescribed, in the Debt Collection Improvement Act 
of 1996, Public Law 104-134.

What Can Happen if You Do Not Provide the Information We Require 
for Billing Purposes?

    We can refuse to provide you service as prescribed in section 
171.17(a), subchapter H, chapter I of title 25 of the Code of Federal 
Regulations.

What Can Happen if You Don't Pay Your Bill by the Due Date and 
Could This Affect Your Water Delivery?

    If you do not pay your bill by the due date, you will receive a 
past due notice no less than 30 days after the due date. We have the 
right to refuse water delivery to any of your irrigated project land 
that 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. 
Your bill will have additional information concerning your rights. Our 
authority to demand payment of your past due bill is the Code of 
Federal Regulations, Title 31, Part 901.2, ``Demand for payment.''

Are There Any Additional Charges if You Are Late Paying Your Bill?

    Yes. We will use the value of funds to the United States Treasury 
to calculate the interest you will be assessed beginning 30 days after 
the due date on your bill. Also, you will be charged an administrative 
fee of $12.50 for each time we try to collect your past due bill; and, 
should your bill become over 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 
the Code of Federal Regulations, Title 31, part 901.9, ``Interest 
penalties, and administration costs.''

What Else Can Happen to Your Past Due Bill?

    If you do not pay your bill or make payment arrangements that we 
agree to, we are required to forwarded your past due bill to the United 
States Treasury (Treasury) for further action. We must forward your 
bill to Treasury no later than 180 days after the original due date of 
your irrigation assessment bill. The requirement for us to do this is 
in Code of Federal Regulations, Title 31, part 901.1, ``Aggressive 
agency collection activity.''

What Irrigation Assessments or Charges Are Proposed for Adjustment 
by This Notice?

    The excess water assessment rates for the 2001 irrigation season 
and subsequent years is proposed to be decreased retroactively to July 
1, 2001, for the current irrigation season. A review of the excess 
water collections indicates the rate can be reduced to better reflect 
the financial needs of the project. The first 0.5 acre-foot of excess 
water above the basic per acre allotment of 5.0 acre-feet of water per 
acre is proposed to be reduced to $7.40 per acre assessed. The 
assessment for additional excess water over the initial 0.5 acre-foot 
per acre is unchanged at $17.00 per acre-foot per acre. Consultations 
with the project water users and the Colorado River Indian Tribes 
(Tribes) have resulted in the proposed rate adjustment. We are not 
proposing to adjust the basic assessment charge which includes up to 
5.0 acre-feet per acre at this time.
    The following table illustrates the proposed rate adjustment:

------------------------------------------------------------------------
                                   Present 2001
    Water delivered per acre        irrigation         Proposed 2001
                                      season         irrigation season
------------------------------------------------------------------------
 Up to 5.0 acre-feet............          $37.00  Unchanged
5.0 to 5.5 acre-feet............           17.00  $7.40
Above 5.5 acre-feet.............           17.00  Unchanged
------------------------------------------------------------------------

Consultation and Coordination With Tribal Governments (Executive 
Order 13175)

    The proposed rate adjustment was developed in consultation between 
the irrigators, the BIA and the Tribal Irrigation Committee 
(Committee). The Committee was established by the Tribes and maintains 
a membership appointed by the Tribal Council. During the March 2001, 
committee meeting, a budget subcommittee was appointed and tasked to 
specifically review the excess water rate and make recommendations to 
the Committee for proposed adjustments. The subcommittee developed a 
method and rate which would maintain an excess water rate consistent 
with the previously developed budget. The proposed rate was reviewed 
and approved by the Committee during their May 2001 meeting. On June 
19, 2001, a meeting was held between the Tribes and the BIA. During the 
meeting the Tribes were informed of the proposed rate adjustment and 
the impacts associated with this adjustment. The Tribes agreed to the 
proposed adjustment to the excess water rate and a verifying letter was 
sent to the Tribes on July 3, 2001.
    Throughout the process of reviewing the excess water rate the BIA 
has relied upon input and consultation with the Tribes through their 
Irrigation Committee and Water Resource Program activity, to develop an 
equitable rate for farmers, maximize water conservation and maintain 
sufficient funds for operation and maintenance of the project.

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

    This is a notice for a rate adjustment at a BIA owned and operated 
irrigation project. This rate adjustment will have no significant 
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 adjustment be implemented.

Regulatory Planning and Review (Executive Order 12866)

    This rate adjustment is not a significant regulatory action and 
does 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. Section 601(2).

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.

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Takings (Executive Order 12630)

    The Department has determined that this rate adjustment does not 
have significant ``takings'' implications. The rate adjustment does not 
deprive the public, state, or local governments of rights or property.

Federalism (Executive Order 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 (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

    This rate adjustment does 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 November 
30, 2002.

National Environmental Policy Act

    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.

    Dated: September 4, 2001.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
[FR Doc. 01-23931 Filed 9-24-01; 8:45 am]
BILLING CODE 4310-02-P