[Federal Register Volume 70, Number 191 (Tuesday, October 4, 2005)]
[Notices]
[Pages 57889-57894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19766]


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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.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Indian Affairs (BIA) owns, or has an interest 
in, irrigation facilities located on various Indian reservations 
throughout the United States. We are required to establish rates to 
recover the costs to administer, operate, maintain, and rehabilitate 
those facilities. We request your comments on the proposed rate 
adjustments.

DATES: Interested parties may submit comments on the proposed rate 
adjustments on or before December 5, 2005.

ADDRESSES: All comments on the proposed rate adjustments must be in 
writing and addressed to: Arch Wells, Acting Deputy Director, Office of 
Trust Services, Attn.: Irrigation and Power, Mail Stop 4655-MIB, 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 2006 
irrigation season and subsequent years where applicable.

[[Page 57890]]

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 acre 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 mean 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 
to whom 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 operation and maintenance 
(O&M) assessment.
    Minimum charge means some irrigation facilities may assess a 
minimum operation and maintenance charge. A minimum charge is designed 
to cover the minimum costs of providing irrigation service to a 
customer. At these facilities, if the minimum charge is more than the 
assessment calculated by multiplying the total assessable acres of your 
land by the annual operation and maintenance assessment rate, you will 
be billed the minimum charge.
    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 and to receive services 
and water from the project.
    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.
    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.
    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 notice to notify you that we propose to 
adjust one or more of our irrigation assessment rates. This notice is 
published 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.

When will you put the rate adjustments into effect?

    We will put the rate adjustments into effect for the 2006 
irrigation season and subsequent years where applicable.

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;

[[Page 57891]]

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

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 paragraph (a) of this section.
    (c) If you are late paying your bill due to your failure to furnish 
such information or comply with paragraph (b) of this section, 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. The past due notice 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 is past due. 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 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.

------------------------------------------------------------------------
           Project name                    Project/agency contacts
------------------------------------------------------------------------
                        Northwest Region Contacts
------------------------------------------------------------------------
 Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest
   Regional Office 911 N.E. 11th Avenue, Portland, Oregon 97232-4169,
                        Telephone: (503) 231-6702
------------------------------------------------------------------------
Flathead Irrigation Project.......  Ernest T. Moran, Superintendent,
                                     Flathead Agency Irrigation
                                     Division, P.O. Box 40, Pablo, MT
                                     59855-0040, Telephone: (406) 675-
                                     2700.
Fort Hall Irrigation Project......  Eric J. LaPointe, Superintendent,
                                     Alan Oliver, Irrigation Project
                                     Engineer, Fort Hall Agency, P.O.
                                     Box 220, Fort Hall, ID 83203-0220,
                                     Telephone: (208) 238-2301.
Wapato Irrigation Project.........  Pierce Harrison, Project
                                     Administrator, Wapato Irrigation
                                     Project, P.O. Box 220, Wapato, WA
                                     98951-0220, Telephone: (509) 877-
                                     3155.
-----------------------------------
                     Rocky Mountain Region Contacts
------------------------------------------------------------------------
   Keith Beartusk, Regional Director, Bureau of Indian Affairs, Rocky
Mountain Regional Office 316 North 26th Street, Billings, Montana 59101,
                       Telephone: (406) 247-7943.
------------------------------------------------------------------------
Blackfeet Irrigation Project......  Ross Denny, Superintendent, Ted
                                     Hall, Irrigation Project Manager,
                                     Box 880, Browning, MT 59417,
                                     Telephones: (406) 338-7544,
                                     Superintendent, (406) 338-7519,
                                     Irrigation.
Crow Irrigation Project...........  Ed Lone Fight, Superintendent,
                                     Irrigation Project Manager, Vacant,
                                     P.O. Box 69, Crow Agency, MT 59022,
                                     Telephones: (406) 638-2672,
                                     Superintendent, (406) 638-2863,
                                     Irrigation.
Fort Belknap Irrigation Project...  Judy Gray, Superintendent, Ralph
                                     Leo, Irrigation Project Manager,
                                     R.R.1, Box 980, Harlem, MT 59526,
                                     Telephones: (406) 353-2901,
                                     Superintendent, (406) 353-2905,
                                     Irrigation.

[[Page 57892]]


Fort Peck Irrigation Project......  Spike Bighorn, Superintendent, P.O.
                                     Box 637, Poplar, MT 59255, Vacant,
                                     Irrigation Manager 602 6th Avenue
                                     North, Wolf Point, MT 59201,
                                     Telephones: (406) 768-5312,
                                     Superintendent, (406) 653-1752,
                                     Irrigation.
Wind River Irrigation Project.....  George Gover, Superintendent, Ray
                                     Nation, Acting Irrigation Project
                                     Manager, P.O. Box 158, Fort
                                     Washakie, WY 82514, Telephones:
                                     (307) 332-7810, Superintendent,
                                     (307) 332-2596, Irrigation.
-----------------------------------
                        Southwest Region Contacts
------------------------------------------------------------------------
  Larry Morrin, Regional Director, Bureau of Indian Affairs, Southwest
Regional Office, 1001 Indian School Road, Albuquerque, New Mexico 87104,
                       Telephone: (505) 563-3100.
------------------------------------------------------------------------
Pine River Irrigation Project.....  Diana Olguin, Acting Superintendent,
                                     John Formea, Irrigation Engineer,
                                     P.O. Box 315, Ignacio, CO 81137-
                                     0315, Telephones: (970) 563-4511,
                                     Superintendent, (970) 563-1017,
                                     Irrigation.
-----------------------------------
                         Western Region Contacts
------------------------------------------------------------------------
    Brian Bowker, Acting 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, Ted
                                     Henry, Irrigation Project Manager,
                                     R.R. 1 Box 9-C, Parker, AZ 85344,
                                     Telephone: (928) 669-7111.
Duck Valley Irrigation Project....  Virgil Townsend, Superintendent,
                                     1555 Shoshone Circle, Elko, NV
                                     89801, Telephone: (775) 738-0569.
Fort Yuma Irrigation Project......  William Pyott, Land Operations
                                     Officer, P.O. Box 11000, Yuma, AZ
                                     85366, Telephone: (520) 782-1202.
San Carlos Irrigation Project       Carl Christensen, Supervisory
 Joint Works.                        General Engineer, P.O. Box 250,
                                     Coolidge, AZ 85228, Telephone:
                                     (520) 723-6216.
San Carlos Irrigation Project       Joe Revak, Supervisory General
 Indian Works.                       Engineer, Pima Agency, Land
                                     Operations, Box 8, Sacaton, AZ
                                     85247, Telephone: (520) 562-3372.
Uintah Irrigation Project.........  Lynn Hansen, Irrigation Manager,
                                     P.O. Box 130, Fort Duchesne, UT
                                     84026, Telephone: (435) 722-4341.
Walker River Irrigation Project...  Robert Hunter, Superintendent, 1677
                                     Hot Springs Road, Carson City, NV
                                     89706, Telephone: (775) 887-3500.
------------------------------------------------------------------------

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 2006 
season and subsequent years where applicable. An asterisk immediately 
following the name of the project notes the irrigation projects where 
rates are proposed for adjustment.

------------------------------------------------------------------------
                                                  Current      Proposed
         Project name           Rate category    2005 rate    2006 rate
------------------------------------------------------------------------
                       Northwest Region Rate Table
------------------------------------------------------------------------
Flathead Irrigation Project*.  Basic Per acre.       $21.45       $23.45
Fort Hall Irrigation Project*  Basic Per acre.        22.00        24.00
Fort Hall Irrigation Project-- Basic Per acre.        14.00        15.00
 Minor Units*.
Fort Hall Irrigation Project-- Basic Per acre.        33.00        34.00
 Michaud*.
                               Pressure Per           46.50        48.50
                                acre.
Wapato Irrigation Project--    Billing Charge          5.00         5.00
 Toppenish/Simcoe Units*.       Per Tract.
                               Farm unit/land         13.00        13.50
                                tracts up to
                                one acre
                                (minimum
                                charge).
                               Farm unit/land         13.00        13.50
                                tracts over
                                one acre--per
                                acre.
Wapato Irrigation Project--    Billing Charge          5.00         5.00
 Ahtanum Units*.                Per Tract.
                               Farm unit/land         13.00        13.50
                                tracts up to
                                one acre
                                (minimum
                                charge).
                               Farm unit/land         13.00        13.50
                                tracts over
                                one acre--per
                                acre.
Wapato Irrigation Project--    Billing Charge          5.00         5.00
 Satus Unit*.                   Per Tract.
                               Farm unit/land         51.00        53.00
                                tracts up to
                                one acre
                                (minimum
                                charge).
                               ``A'' farm unit/       51.00        53.00
                                land tracts
                                over one acre--
                                per acre.
                               Additional             56.00        58.00
                                Works farm
                                unit/land
                                tracts over
                                one acre--per
                                acre.
                               ``B'' farm unit/       61.00        63.00
                                land tracts
                                over one acre--
                                per acre.
                               Water Rental           62.00        64.50
                                Agreement
                                Lands--per
                                acre.
------------------------------------------------------------------------


[[Page 57893]]



                                                                 Current      Proposed
            Project name                   Rate category        2005 rate    2006 rate      Proposed 2007 rate
----------------------------------------------------------------------------------------------------------------
                                        Rocky Mountain Region Rate Table
----------------------------------------------------------------------------------------------------------------
Blackfeet Irrigation Project........  Basic-per acre.........       $13.00       $13.00  To be determined.
Crow Irrigation Project--Willow       Basic-per acre.........        16.00        17.30
 Creek O&M*.
Crow Irrigation Project--All Others*  Basic-per acre.........        16.00        17.00
Fort Belknap Irrigation Project*....  Trust Land per acre....         7.75         8.50  $9.25
                                      non-Trust Land per acre        15.50        17.00  $18.50
Fort Peck Irrigation Project*.......  Basic-per acre.........        17.50        18.50  To be determined.
Wind River Irrigation Project.......  Basic-per acre.........        14.00        14.00
Wind River Irrigation Project--       Basic-per acre.........        17.00        17.00
 LeClair District.
----------------------------------------------------------------------------------------------------------------



                                                                                    Current      Proposed 2006
                 Project name                             Rate category            2005 rate          rate
----------------------------------------------------------------------------------------------------------------
                                           Southwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Pine River Irrigation Project*................   Minimum Charge per tract.......       $25.00            $100.00
                                                Basic-per acre (includes $2.00           8.50              17.00
                                                 assessment for Vallecito
                                                 storage).
----------------------------------------------------------------------------------------------------------------



                                                                 Current      Proposed
            Project name                   Rate category        2005 rate    2006 rate      Proposed 2007 rate
----------------------------------------------------------------------------------------------------------------
                                            Western Region Rate Table
----------------------------------------------------------------------------------------------------------------
Colorado River Irrigation Project...  Basic per acre up to          $47.00       $47.00  To be Determined.
                                       5.75 acre-feet.
                                      Excess Water per acre-         17.00        17.00
                                       foot over 5.75 acre-
                                       feet.
Duck Valley Irrigation Project......  Basic-per acre.........         5.30         5.30
Fort Yuma Irrigation Project (See     Basic-per acre Up to           65.00        65.00
 Note 1).                     5.0 acre-feet.
                                      Excess Water per acre-         10.50        10.50
                                       foot over 5.0 acre-
                                       feet.
San Carlos Irrigation Project (Joint  Basic-per acre.........        30.00        30.00  30.00
 Works) (See Note 2).
San Carlos Irrigation Project         Basic-per acre.........        77.00        77.00  To be Determined.
 (Indian Works).
Uintah Irrigation Project...........  Basic-per acre.........        11.00        12.00
                                      Minimum Bill...........        25.00        25.00
Walker River Irrigation Project.....  Indian per acre........         7.32         7.32
                                      non-Indian per acre....        15.29       15.29
----------------------------------------------------------------------------------------------------------------
* Notes irrigation projects where rates are proposed for adjustment.
Note 1--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 collects the irrigation assessments on behalf of
  Reclamation.
Note 2--The 2007 irrigation rate of $30 per acre is proposed through this notice.

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).

[[Page 57894]]

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 April 30, 
2006.

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: September 20, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 05-19766 Filed 10-3-05; 8:45 am]
BILLING CODE 4310-W7-P