[Federal Register Volume 67, Number 46 (Friday, March 8, 2002)]
[Notices]
[Pages 10748-10752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5624]


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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 where rates are established to recover its 
costs to administer, operate, maintain, and rehabilitate those 
facilities. We propose to publicize rate adjustments once a year for 
all of these facilities instead of several times during the year for 
individual facilities. We request your comments on the proposed rate 
adjustments.

DATES: Interested parties may submit comments on the proposed rate 
adjustments on or before May 7, 2002.

ADDRESSES: All comments on the proposed rate adjustments must be in 
writing and addressed to: Terrance Virden, Director, Office of Trust 
Responsibilities, Attn.: Irrigation and Power, MS-3061-MIB, Code 210, 
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 2002 
irrigation season and subsequent years where applicable.

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 acres 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 means 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 
for which 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 O&M assessment.
    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.
    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.

[[Page 10749]]

    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. (See assessable acres.)
    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 to notify you that we propose to adjust one 
or more of our irrigation assessment rates. We are publishing this 
notice 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 and by 
memorandum dated January 25, 1994, from the Chief of Staff, Department 
of the Interior, to Assistant Secretaries, and Heads of Bureaus and 
Offices.

When Will You Put the Rate Adjustments Into Effect?

    We will put the rate adjustments into effect after considering 
comments we receive and publishing a final notice. The adjustments will 
be retroactive to January 1, 2002.

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;
    (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; and
    (h) Other expenses we determine necessary to properly perform the 
activities and functions characteristic of an irrigation project.

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 (a) above.
    (c) If you are late paying your bill due to your failure to furnish 
such information or comply with (b), 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. Your bill 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 has not been paid by the due date. 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

[[Page 10750]]

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, PO Box 40, Pablo, Montana
                                     59855-5555, Telephone: (406) 675-
                                     2700
Fort Hall Irrigation Project......  Eric J. LaPointe, Superintendent,
                                     Fort Hall Agency, PO Box 220, Fort
                                     Hall, Idaho 83203-0220, Telephone:
                                     (208) 238-2301
Wapato Irrigation Project.........  Pierce Harrison, Project
                                     Administrator, Wapato Irrigation
                                     Project, PO Box 220, Wapato, WA
                                     98951-0220, Telephone: (509) 877-
                                     3155
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                     Rocky Mountain Region Contacts
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    Keith Beartusk, Regional Director, Bureau of Indian Affairs, Rock
   Mountain Regional Office, 316 North 26th Street, Billings, Montana
                    59101, Telephone: (406) 247-7943
------------------------------------------------------------------------
Blackfeet Irrigation Project......  Ross Denny, Superintendent, Cliff
                                     Hall, Irrigation Manager, Box 880,
                                     Browning, MT 59417, Telephones:
                                     (406) 338-7544, Superintendent,
                                     (406) 338-7519, Irrigation
Crow Irrigation Project...........  Gordon Jackson, Superintendent, Dan
                                     Lowe, Irrigation Manager, PO Box
                                     69, Crow Agency, MT 59022,
                                     Telephones: (406) 638-2672
                                     Superintendent (406) 638-2863
                                     Irrigation
Fort Belknap Irrigation Project...  Cleo Hamilton, Superintendent, Ted
                                     Hall, Acting Irrigation Manager,
                                     R.R.1, Box 980, Harlem, MT 59526,
                                     Telephones: (406) 353-2901
                                     Superintendent, (406) 353-2905
                                     Irrigation
Fort Peck Irrigation Project......  Dennis Whiteman, Superintendent, PO
                                     Box 637, Poplar, MT 59255, Marvin
                                     Azure, Irrigation Manager (acting),
                                     602 6th Avenue North, Wolf Point,
                                     MT 59201, Telephones: (406) 768-
                                     5312, Superintendent, (406) 653-
                                     1752, Irrigation
Wind River Irrigation Project.....  Perry Baker, Superintendent,
                                     Sheridan Nicholas, Irrigation
                                     Manager, PO Box 158, Fort Washakie,
                                     WY 82514, Telephones: (307) 332-
                                     7810, Superintendent, (307) 332-
                                     2596 Irrigation
------------------------------------------------------------------------
                        Southwest Region Contacts
------------------------------------------------------------------------
  Rob Baracker, Regional Director, Bureau of Indian Affairs, Southwest
  Regional Office, 615 First Street, NW, Albuquerque, New Mexico 87102,
                        Telephone (505) 346-7587
------------------------------------------------------------------------
Pine River Irrigation Project.....  Michael Stancampiano,
                                     Superintendent, Kenneth Caveney,
                                     Irrigation Engineer, P.O. Box 315,
                                     Ignacio, CO 81137-0315; Telephones:
                                     (970) 563-4511 Superintendent,
                                     (970) 563-1017 Irrigation
------------------------------------------------------------------------
                         Western Region Contacts
------------------------------------------------------------------------
  Wayne Nordwall, Regional Director, Bureau of Indian Affairs, Western
  Regional Office, P.O. Box 10, Phoenix, Arizona 85001, Telephone (602)
                                379-6600
------------------------------------------------------------------------
Colorado River Irrigation Project.  Allen Anspach, Superintendent, R.R.
                                     1 Box 9-C, Parker, AZ 85344,
                                     Telephone: (928) 669-7111
Duck Valley Irrigation Project....  Paul Young, Superintendent, Pete
                                     LeFebvre, Nat'l Resources
                                     Specialist, 1555 Shoshone Circle,
                                     Elko, Nevada 89801, Telephones:
                                     (775) 738-0569, Superintendent,
                                     (775) 738-0590, Irrigation
Fort Yuma Irrigation Project......  William Pyott, Land Operations
                                     Officer, P.O. Box 11000, Yuma,
                                     Arizona, Telephone: (520) 782-1202
San Carlos Irrigation Project       Randy Shaw, Irrigation Manager,
 Joint Works.                        13805 N. Arizona Boulevard,
                                     Coolidge, AZ 85228, Telephone:
                                     (520) 723-6216
San Carlos Irrigation Project       Joe Revak, Pima Agency, Land
 Indian Works.                       Operations, Box 8, Sacaton, AZ
                                     85247, Telephone: (520) 562-3372
Uintah Irrigation Project.........  Lynn Hansen, Irrigation Manager, PO
                                     Box 130, Fort Duchesne, UT 84026,
                                     Telephone: (435) 722-4341
Walker River Irrigation Project...  Chuck O'Rourke, Natural Resource
                                     Officer, 1677 Hot Springs Road,
                                     Carson City, Nevada 89706,
                                     Telephone: (775) 887-3550
------------------------------------------------------------------------


[[Page 10751]]

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 2002 
season, and for the San Carlos Irrigation Project (Joint Works) and 
Flathead Irrigation Project the proposed rates for the 2003 season. The 
irrigation projects where rates are proposed for adjustment are noted 
by an asterisk immediately following the name of the project.

                                           Northwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
                                                             Current 2001    Proposed 2002
          Project name                  Rate category            rate            rate        Proposed 2003 rate
----------------------------------------------------------------------------------------------------------------
Flathead Irrigation Project *...  Basic per acre..........          $19.95          $19.95  $21.45 To be
                                                                                             Determined (See
                                                                                             Note below).
Fort Hall Irrigation Project....  Basic per acre..........           20.00           20.00
Fort Hall Irrigation Project      Basic per acre..........           14.00           14.00
 Minor Units.
Fort Hall Irrigation Project *    Basic per acre..........           27.50           28.00
 Michaud.
                                  Pressure per acre.......           39.50           41.00
Wapato Irrigation Project *       Billing Charge Per Tract            5.00            5.00
 Ahtanum and Simcoe units.
                                  Farm unit/land tracts up           10.30           10.60
                                   to one acre (minimum
                                   charge).
                                  Farm unit/land tracts              10.30           10.60
                                   over one acre--per acre.
Wapato Irrigation Project *       Billing Charge Per Tract            5.00            5.00
 Satus Unit.
                                  Farm unit/land tracts up           41.20           42.44
                                   to one acre (minimum
                                   charge).
                                  ``A'' farm unit/land               41.20           42.44
                                   tracts over one acre--
                                   per acre.
                                  Additional Works farm              45.32           46.68
                                   unit/land tracts over
                                   one acre--per acre.
                                  ``B'' farm unit/land                8.24            8.48
                                   tracts over one acre--
                                   per acre.
                                  Water Rental Agreement             50.47          51.98
                                   Lands--per acre.
----------------------------------------------------------------------------------------------------------------
 Note--``To be determined,'' means that future rates will become effective only after we have published another
  rate notice for comments, followed by a final rate notice.


                                        Rocky Mountain Region Rate Table
----------------------------------------------------------------------------------------------------------------
                                                                                   Current 2001    Proposed 2002
                Project name                            Rate category                  rate            rate
----------------------------------------------------------------------------------------------------------------
Blackfeet Irrigation Project *.............  Basic-per acre.....................          $11.00          $13.00
Crow Irrigation Project (See note below)...  Basic-per acre.....................           15.50           16.00
Fort Belknap Irrigation Project............  Indian per acre....................            6.25            6.25
                                             non-Indian per acre................           12.50           12.50
Fort Peck Irrigation Project...............  Basic-per acre.....................           14.00           14.00
Wind River Irrigation Project..............  Basic-per acre.....................           12.00          12.00
----------------------------------------------------------------------------------------------------------------
Note--The Crow Project rate adjustment was previously announced in the Federal Register for the 2002 irrigation
  season and is being provided for informational purposes only, reference Fed. Reg., Vol. 64, No. 95, Page
  27003, May 18, 1999.


                                           Southwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
                                                                                   Current 2001    Proposed 2002
                Project name                            Rate category                  rate            rate
----------------------------------------------------------------------------------------------------------------
Pine River Irrigation Project..............  Minimum Charge per tract...........          $25.00          $25.00
                                             Basic-per acre.....................            8.50            8.50
----------------------------------------------------------------------------------------------------------------


                                            Western Region Rate Table
----------------------------------------------------------------------------------------------------------------
                                                            Current 2001    Proposed 2002
           Project name                 Rate category           rate            rate         Proposed 2003 rate
----------------------------------------------------------------------------------------------------------------
Colorado River Irrigation Project.  Basic per acre up to           $37.00          $37.00  To be Determined (See
                                     5.0 acre-feet.                                         Note 1 below).
                                    Excess Water per acre            7.40            7.40
                                     foot 5.0-5.5 acre-
                                     feet.
                                    Excess Water per acre-          17.00           17.00
                                     foot over 5.5 acre-
                                     feet.
Duck Valley Irrigation Project....  Basic-per acre.......            5.30            5.30

[[Page 10752]]

 
Fort Yuma Irrigation Project (See   Basic-per acre up to            60.00           60.00
 Note 2 below).                      5.0 acre-feet.
                                    Excess Water per acre-          10.50           10.50
                                     foot over 5.0 acre-
                                     feet.
San Carlos Irrigation Project       Basic-per acre.......           20.00           20.00  20.00
 (Joint Works).
San Carlos Irrigation Project       Basic-per acre.......           56.00           56.00
 (Indian Works).
Uintah Irrigation Project.........  Basic-per acre.......            8.50            8.50
Walker River Irrigation Project...  Indian per acre......            7.32            7.32
                                    non-Indian per acre..           15.29          15.29
----------------------------------------------------------------------------------------------------------------
 Note 1--``To be Determined'' means that future rates will become effective only after we have published another
  rate notice for comments, followed by a final rate notice.
Note 2--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 only collects the irrigation assessments on behalf of Reclamation.

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).

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 November 
30, 2002.

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: February 21, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
[FR Doc. 02-5624 Filed 3-7-02; 8:45 am]
BILLING CODE 4310-5M-P