[Federal Register Volume 67, Number 52 (Monday, March 18, 2002)]
[Notices]
[Pages 12044-12045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6446]


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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 Irrigation Operation and Maintenance Rate Adjustment.

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SUMMARY: The Bureau of Indian Affairs (BIA) adjusted the excess water 
rates assessed to customers of the Colorado River Irrigation Project 
for the 2001 irrigation season. This rate will remain in effect for 
subsequent irrigation seasons or until we provide notice of a separate 
rate adjustment.

EFFECTIVE DATE: The new rates were effective July 1, 2001.

FOR FURTHER INFORMATION CONTACT: Jeff Hinkins, Bureau of Indian 
Affairs, Colorado River Agency, Rt. 1, Box 9-C, Parker, AZ 85334; (928) 
669-7111.

SUPPLEMENTARY INFORMATION: A notice of Proposed Rate Adjustment was 
published in the Federal Register on September 25, 2001 at 66 FR 49037. 
The public and interested parties were provided an opportunity to 
submit written comments during the 60-day period subsequent to 
September 25, 2001. No comments were received.

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 in FOR FURTHER INFORMATION CONTACT section 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 adjusted the irrigation 
assessment rates for one of our irrigation projects. We are publishing 
this notice in accordance with the BIA's regulations governing its 
operation and maintenance of irrigation projects, specifically 
Secs. 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 
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 Does This Schedule Apply To Me?

    The schedule applies to you if you irrigated lands within the 
Colorado River Irrigation Project for the 2001 irrigation season.

What Was the Irrigation Rate for the 2001 Irrigation Season?

    The following table shows how we billed you:

------------------------------------------------------------------------
                                                               Rate for
                                                                 2001
                  Water delivered per acre                    irrigation
                                                                season
------------------------------------------------------------------------
Up to 5.0 acre-feet........................................       $37.00
5.0 to 5.5 acre-feet.......................................         7.40
Above 5.5 acre-feet........................................        17.00
------------------------------------------------------------------------

Consultation and Coordination With Tribal Governments (Executive 
Order 13175)

    The rate adjustment was developed in consultation between the 
irrigators, the BIA and the Tribal Irrigation Committee (Committee). 
The Committee was established by the Colorado River Indian Tribes 
(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 had no significant adverse 
effects on energy supply, distribution, or use (including a shortfall 
in supply, price increases, and increase use of foreign supplies) when 
the proposed rate adjustment was implemented.

Regulatory Planning and Review (Executive Order 12866)

    This rate adjustment was not a significant regulatory action and 
did not need to be reviewed by the Office of Management and Budget 
under Executive Order 12866.

Regulatory Flexibility Act

    This rate making was not a rule for the purposes of the Regulatory 
Flexibility Act because it was ``a rule of particular applicability 
relating to rates.'' 5 U.S.C. 601(2).

Unfunded Mandates Reform Act of 1995

    This rate adjustment imposed no unfunded mandates on any 
governmental or private entity and was in compliance with the 
provisions of the Unfunded Mandates Reform Act of 1995.

Takings (Executive Order 12630)

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

Federalism (Executive Order 13132)

    The Department determined that this rate adjustment did not have 
significant Federalism effects because it pertained solely to Federal-
tribal relations and did

[[Page 12045]]

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 determined that this rule did not unduly burden the judicial 
system and met the requirements of sections 3(a) and 3(b)(2) of the 
Order.

Paperwork Reduction Act of 1995

    This rate adjustment did not affect the collection of information 
which had 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 determined that this rate adjustment did not 
constitute a major Federal action significantly affecting the quality 
of the human environment and that no detailed statement was required 
under the National Environmental Policy Act of 1969.

    Dated: March 5, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
[FR Doc. 02-6446 Filed 3-15-02; 8:45 am]
BILLING CODE 4310-W7-P