[Federal Register Volume 73, Number 109 (Thursday, June 5, 2008)]
[Notices]
[Pages 32043-32048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12610]


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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 rate adjustments.

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

SUMMARY: The Bureau of Indian Affairs (BIA) owns or has an interest in 
irrigation projects and facilities located on various Indian 
reservations throughout the United States. We are authorized to 
establish rates to recover the costs to administer, operate, maintain, 
and rehabilitate those facilities. We are notifying you that we have 
adjusted the irrigation assessment rates at several of our irrigation 
projects and facilities for operation and maintenance.

DATES: Effective Date: The irrigation assessment rates shown in the 
tables are effective on January 1, 2008.

FOR FURTHER INFORMATION CONTACT: For details about a particular BIA 
irrigation project or facility, please use the tables in SUPPLEMENTARY 
INFORMATION section to contact the regional or local office where the 
project or facility is located.

SUPPLEMENTARY INFORMATION: A Notice of Proposed Rate Adjustment was 
published in the Federal Register on February 8, 2008 (73 FR 7583) to 
adjust the irrigation rates at several BIA irrigation projects and 
facilities. The public and interested parties were provided an 
opportunity to submit written comments during the 60-day period that 
ended April 8, 2008.

Did the BIA Defer Any Proposed Rate Increases?

    For the Fort Belknap Indian Irrigation Project, the BIA, in 
consultation with the Gros Ventre and Assiniboine Tribes and Project 
water users, has deferred the rate increase for 2008.

[[Page 32044]]

Did the BIA Receive Any Comments on the Proposed Irrigation Assessment 
Rate Adjustments?

    Written comments were received for the proposed rate adjustments 
for the Blackfeet Irrigation Project, Fort Belknap Irrigation Project, 
and the Wind River Irrigation Project.

What Issues Were of Concern by the Commenters?

    Individuals and entities commenting on the proposed rates for 2008 
were concerned with one or more of the following issues: (1) How funds 
are expended for operation and maintenance (O&M) costs; (2) how rate 
increases are justified and communicated to water users; (3) how rate 
increases impact the local agricultural economy and individual land 
owners; (4) the role of the BIA's Central Office in managing projects 
and the burden of federal regulations; (4) land owners without access 
to project water being assessed irrigation charges; (5) the BIA's non-
delivery of water to water users with outstanding O&M charges; and (6) 
the BIA's trust responsibility for projects. The following comment is 
specific to the Wind River Irrigation Project: users assert that O&M 
rates should not be adjusted until a study of the project's irrigable 
and assessable acreage is completed.

How Does the Bia Respond to Concerns Regarding How Funds Are Expended 
for O&M Costs?

    The BIA considers the following expenses when determining an 
irrigation project's budget: project personnel costs; materials and 
supplies; vehicle and equipment repairs; equipment; capitalization 
expenses; acquisition expenses; rehabilitation costs; maintenance of a 
reserve fund for contingencies or emergencies; and other expenses that 
we determine are necessary to properly operate and maintain an 
irrigation project.
    One common misconception water users have is that all salary costs 
are administrative. Only a portion of each project's budget is for 
administrative costs. The administrative costs for a project includes 
office costs, office staff (accounting and clerical), and a portion of 
the project manager's salary. Non-administrative costs are the cost to 
operate and maintain the project or facility. Operation and maintenance 
workers perform operation and maintenance work, thus their salaries are 
considered operation and maintenance costs, not administrative costs. 
All projects need essential personnel to operate and maintain the 
project, including a project manager, accounting staff, and irrigation 
system operators (ditchriders).

How Does the Bia Respond to Concerns Regarding the Justification for 
and Communication of Rate Increases to Land Owners?

    BIA policy states that irrigation project managers are required to 
meet, at a minimum, twice annually with their water users--once at the 
end of the irrigation season and once before the next season. For 
projects that operate year-round, project managers will determine the 
best schedule for holding these meetings. At these meetings, irrigation 
staff will provide water users with information regarding project 
operations--including budget plans and actual annual expenditures--and 
obtain feedback and input from water users.
    Individuals concerned with the BIA's management of its projects and 
its O&M rates may review the BIA's records at their convenience. The 
BIA's project budget estimates and expense records are available for 
review by stakeholders or interested parties. Stakeholders (water 
users, land owners, or tribes) can review these records during normal 
business hours at the individual agency office. Alternatively, 
stakeholders or interested parties may request project records under 
the Freedom of Information Act (FOIA). The BIA will provide copies of 
such records to the requesting party in accordance with FOIA.
    To review or obtain copies of project records, stakeholders and 
interested parties should contact the BIA representative at the 
specific project or facility serving them, using the tables in the 
SUPPLEMENTARY INFORMATION section below.

How does the BIA respond to concerns regarding the impact of irrigation 
assessment rate increases on local agricultural economies and 
individual land owners?

    The BIA's projects are important economic contributors to the local 
communities they serve. These projects contribute millions of dollars 
in crop value annually. Historically, the BIA tempered irrigation rate 
increases to demonstrate sensitivity to the economic impact on water 
users. This past practice resulted in a rate deficiency at some 
irrigation projects. The BIA does not have discretionary funds to 
subsidize irrigation projects. Funding to operate and maintain these 
projects needs to come from revenues from the water users served by 
those projects.
    Over the past several years, the BIA's irrigation program has been 
the subject of several Office of Inspector General (OIG) and GAO 
audits. In the most recent OIG audit, No. 96-I-641, March 1996, the OIG 
concluded: ``Operation and maintenance revenues were insufficient to 
maintain the projects, and some projects had deteriorated to the extent 
that their continued capability to deliver water was in doubt. This 
occurred because operation and maintenance rates were not based on the 
full cost of delivering irrigation water, including the costs of 
systematically rehabilitating and replacing project facilities and 
equipment, and because project personnel did not seek regular rate 
increases to cover the full cost of project operation.'' A previous OIG 
audit performed on one of the BIA's largest irrigation projects, the 
Wapato Indian Irrigation Project, No. 95-I-1402, September 1995, 
reached the same conclusion.
    To address the issues noted in these audits, the BIA must 
systematically review and evaluate irrigation assessment rates and 
adjust them, when necessary, to reflect the full costs to properly 
operate and perform all appropriate maintenance on the irrigation 
project or facility infrastructure to ensure safe and reliable 
operation. If this review and adjustment is not accomplished, a rate 
deficiency can accumulate. Rate deficiencies force the BIA to raise 
irrigation assessment rates in larger increments over shorter periods 
of time than would have been otherwise necessary.

How does the BIA respond to concerns regarding the role of the BIA's 
Central Office in managing projects and the costs associated with 
complying with federal regulations?

    The BIA must follow Federal regulations as it operates and 
maintains the projects under its ownership or control. Specifically, 
the BIA must follow Federal guidelines in hiring and compensating 
personnel to operate and manage irrigation projects. The BIA sets rates 
in accordance with the criteria identified above. The BIA Central 
Office does not unilaterally impose rate increases on projects. The BIA 
is reviewing various options for cost savings, including turning over 
projects or sections of projects to water users and sharing personnel 
between or among projects.

[[Page 32045]]

How does the BIA respond to concerns regarding land owners without 
access to project water being assessed irrigation charges?

    As mentioned above, OIG and GAO performed audits on the BIA 
irrigation program and noted that the BIA has not set irrigation 
assessment rates at levels high enough to operate and maintain its 
irrigation projects. The BIA has been increasing rates to address this 
concern. Because rates were low for many years, numerous maintenance 
items were deferred. At some projects, this deferral resulted in the 
BIA's inability to deliver water to all users. To assist water users in 
this regard, the BIA updated its Irrigation Operations and Maintenance 
regulations, 25 CFR part 171, to allow a water user to apply for a 
waiver of irrigation assessment charges if the BIA is incapable of 
delivering water to that water user. To apply for this waiver, a water 
user must meet with local project staff.

How does the BIA respond to concerns regarding the BIA's refusal to 
deliver water to water users with outstanding O&M charges?

    The BIA's irrigation regulations, 25 CFR part 171, require the BIA 
to withhold irrigation services from users who have delinquent debt 
with the BIA, including balances that have been referred to the United 
States Treasury.

How does the BIA respond to comments regarding the BIA's trust 
responsibility in relation to projects?

    The BIA disagrees that increasing O&M rates for projects violates 
any trust duty. The BIA has no trust obligation to operate and maintain 
irrigation projects. See, e.g., Grey v. United States, 21 Cl. Ct. 285 
(1990), aff'd, 935 F.2d 281 (Fed. Cir. 1991), cert. denied, 502 U.S. 
1057 (1992). The BIA, pursuant to 25 U.S.C. section 381 et seq. and 25 
CFR Part 171, has the responsibility to administer constructed 
projects, set rates, collect assessments, and make decisions regarding 
water delivery. The BIA must collect O&M assessments to operate and 
maintain the irrigation infrastructure on its projects. Over time, the 
costs of operating and maintaining these projects increases, and rates 
must be adjusted accordingly to enable the BIA to continue to provide 
irrigation services. Raising rates to reflect the full costs associated 
with operating and maintaining projects is essential because O&M rates 
are the only regular source of funding for the BIA's irrigation 
projects.

How does the BIA response to the issue raised by users of the Wind 
River Irrigation Project, that O&M rates should not be adjusted until 
the re-designation study of the project's irrigable and assessable 
acreage is completed?

    The BIA levies assessments on lands to which its project is 
authorized and capable of delivering water. Thus, a parcel's irrigation 
history is immaterial to whether it is subject to an irrigation 
assessment. The Secretary may deem lands within a project non-
assessable, in which case those lands may be removed from the project--
permanently or temporarily--with the landowner's consent. 25 U.S.C. 
sections 389a, 389b. The redesignation study will not determine what 
O&M assessment the lands could support. The study only determines if 
the lands are irrigable and if they should remain assessable. The 
overall O&M assessment for a project is based on its total assessable 
acres. If the redeisgnation study recommends removing assessable acres 
from the project, the O&M assessment rate would increase significantly 
for those acres remaining in the project. Until such time as the land 
re-designation study referenced by this commenter is finished, 
individual users may apply for an annual assessment waiver under 25 CFR 
part 171.

Did the BIA receive comments on any proposed changes other than rate 
adjustments?

    No.

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.

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. section 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.

Whom can I contact for further information?

    The following tables are the regional and project/agency contacts 
for our irrigation projects and 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, OR 97232-4169,
                       Telephone: (503) 231-6702.
------------------------------------------------------------------------
Flathead Irrigation Project.......  Chuck Courville, Acting
                                     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, Supervisory General
                                     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
------------------------------------------------------------------------
Ed Parisian, Regional Director, Bureau of Indian Affairs, Rocky Mountain
 Regional Office, 316 North 26th Street, Billings, MT 59101, Telephone:
                             (406) 247-7943.
------------------------------------------------------------------------
Blackfeet Irrigation Project......  Stephen Pollock, Superintendent, Ted
                                     Hall, Irrigation Project Manager,
                                     Box 880, Browning, MT 59417,
                                     Telephones: (406) 338-7544,
                                     Superintendent, (406) 338-7519,
                                     Irrigation Project Manager.
Crow Irrigation Project...........  George Gover, Superintendent, Karl
                                     Helvik, Irrigation Project Manager,
                                     P.O. Box 69, Crow Agency, MT 59022,
                                     Telephones: (406) 638-2672,
                                     Superintendent, (406) 638-2863,
                                     Irrigation Project Manager.

[[Page 32046]]

 
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 Project Manager.
Fort Peck Irrigation Project......  Florence White Eagle,
                                     Superintendent, P.O. Box 637,
                                     Poplar, MT 59255, Richard Kurtz,
                                     Irrigation Manager, 602 6th Avenue
                                     North, Wolf Point, MT 59201,
                                     Telephones: (406) 768-5312,
                                     Superintendent, (406) 653-1752,
                                     Irrigation Manager.
Wind River Irrigation Project.....  Ed Lone Fight, Superintendent, Ray
                                     Nation, Acting Irrigation Project
                                     Manager, P.O. Box 158, Fort
                                     Washakie, WY 82514, Telephones:
                                     (307) 332-7810, Superintendent,
                                     (307) 332-2596, Irrigation Project
                                     Manager.
------------------------------------------------------------------------
                        Southwest Region Contacts
------------------------------------------------------------------------
  Larry Morrin, Regional Director, Bureau of Indian Affairs, Southwest
    Regional Office, 1001 Indian School Road, Albuquerque, NM 87104,
                       Telephone: (505) 563-3100.
------------------------------------------------------------------------
Pine River Irrigation Project.....  Ross P. Denny, Superintendent, John
                                     Formea, Irrigation Engineer, P.O.
                                     Box 315, Ignacio, CO 81137-0315,
                                     Telephones: (970) 563-4511,
                                     Superintendent, (970) 563-9484,
                                     Irrigation Engineer.
------------------------------------------------------------------------
                         Western Region Contacts
------------------------------------------------------------------------
   Allen Anspach, Regional Director, Bureau of Indian Affairs, Western
   Regional Office, Two Arizona Center, 400 N. 5th Street, 12th floor,
              Phoenix, AZ 85004, Telephone: (602) 379-6600.
------------------------------------------------------------------------
Colorado River Irrigation Project.  Perry Baker, Superintendent, Ted
                                     Henry, Irrigation Project Manager,
                                     R.R. 1, Box 9-C, Parker, AZ 85344,
                                     Telephone: (928) 669-7111.
Duck Valley Irrigation Project....  Joseph McDade, Superintendent, 1555
                                     Shoshone Circle, Elko, NV 89801,
                                     Telephone: (775) 738-0569.
Fort Yuma Irrigation Project......  Raymond Fry, Superintendent, 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...  Athena Brown, Superintendent, 311 E.
                                     Washington Street, Carson City, NV
                                     89701, Telephone: (775) 887-3500.
------------------------------------------------------------------------

What irrigation assessments or charges are adjusted 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 final rates for the 2008 
season and subsequent years where applicable. An asterisk immediately 
following the name of the project notes that the BIA adjusted that 
project's rates for 2009.

                                           Northwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
                                                                            Final 2007   Final 2008   Final 2009
              Project name                         Rate category               rate         rate         rate
----------------------------------------------------------------------------------------------------------------
Flathead Irrigation Project.............  Basic per acre--A..............       $23.45       $23.45       $23.45
                                          Basic per acre--B..............        10.75        10.75        10.75
                                          Minimum Charge per tract.......        65.00        65.00        65.00
Fort Hall Irrigation Project*...........  Basic per acre.................        27.00        31.00          \1\
                                          Minimum Charge per tract.......        25.00        27.00
Fort Hall Irrigation Project--Minor       Basic per acre.................        17.00        21.00
 Units*.
                                          Minimum Charge per tract.......        25.00        27.00
Fort Hall Irrigation Project--Michaud*..  Basic per acre.................        35.75        39.75
                                          Pressure per acre..............        50.00        55.50
                                          Minimum Charge per tract.......        25.00        27.00
Wapato Irrigation Project--Toppenish/     Billing Charge per Tract.......         5.00         5.00         5.00
 Simcoe Units*.
                                          Minimum Charge for farm unit/          14.00        14.00        15.00
                                           land tracts up to one acre.
                                          Farm unit/land tracts over one         14.00        14.00        15.00
                                           acre--per acre.
Wapato Irrigation Project--Ahtanum        Billing Charge per Tract.......         5.00         5.00         5.00
 Units*.
                                          Minimum Charge for farm unit/          14.00        14.00        15.00
                                           land tracts up to one acre.
                                          Farm unit/land tracts over one         14.00        14.00        15.00
                                           acre--per acre.
Wapato Irrigation Project--Satus Unit*..  Billing Charge per Tract.......         5.00         5.00         5.00
                                          Minimum Charge for farm unit/          55.00        55.00        58.00
                                           land tracts up to one acre.
                                          ``A'' farm unit/land tracts            55.00        55.00        58.00
                                           over one acre--per acre.
                                          Additional Works farm unit/land        60.00        60.00        63.00
                                           tracts over one acre--per acre.
                                          ``B'' farm unit/land tracts            65.00        65.00        68.00
                                           over one acre--per acre.

[[Page 32047]]

 
                                          Water Rental Agreement Lands--         67.00        67.00        70.00
                                           per acre.
----------------------------------------------------------------------------------------------------------------
\1\To be determined.


------------------------------------------------------------------------
                                                 Final 2007   Final 2008
         Project name           Rate category       rate         rate
------------------------------------------------------------------------
                    Rocky Mountain Region Rate Table
------------------------------------------------------------------------
 Blackfeet Irrigation          Basic-per acre.       $15.50       $17.00
 Project*.
Crow Irrigation Project--      Basic-per acre.        19.30        20.80
 Willow* Creek O&M (includes
 Agency, Lodge Grass 1, Lodge Grass 2,
 Reno, Upper Little Horn, and
 Forty Mile Units).
Crow Irrigation Project--All*  Basic-per acre.        19.00        20.50
 Others (includes Bighorn,
 Soap Creek, and Pryor Units).
Crow Irrigation Two Leggins    Basic-per acre.         2.00         2.00
 Drainage District.
Fort Belknap Irrigation        Basic-per acre.        13.88        13.88
 Project.
Fort Peck Irrigation Project*  Basic-per acre.        20.00        22.00
Wind River Irrigation          Basic-per acre.        15.00        16.00
 Project*.
Wind River Irrigation          Basic-per acre.        17.00        17.00
 Project--LeClair District.
------------------------------------------------------------------------
                       Southwest Region Rate Table
------------------------------------------------------------------------
Pine River Irrigation Project  Minimum Charge         50.00        50.00
                                per tract.
                               Basic-per acre.        15.00        15.00
------------------------------------------------------------------------


 
                                                          Final 2007   Final 2008
           Project name                Rate category         rate         rate            Final 2009 rate
----------------------------------------------------------------------------------------------------------------
Colorado River Irrigation Project  Basic per acre up to       $47.00       $47.00  To be determined.
                                    5.75 acre-feet.
                                   Excess Water per            17.00        17.00
                                    acre-foot over 5.75
                                    acre-feet.
Duck Valley Irrigation Project...  Basic-per acre......         5.30         5.30
Fort Yuma Irrigation Project*....  Basic-per acre up to        72.00        77.00
                                    5.0 acre-feet.
(See Note 1)............  Excess Water per            10.50        14.00
                                    acre-foot over 5.0
                                    acre-feet.
                                   Basic-per acre up to  ...........        28.00
                                    2.0 acre-feet
                                    (Ranch 5).
San Carlos Irrigation Project      Basic-per acre......        30.00        21.00  21.00
 (Joint Works) (See Note 2).
San Carlos Irrigation Project*     Basic-per acre......        77.00        57.00  To be determined.
 (Indian Works).
Uintah Irrigation Project*.......  Basic-per acre......        12.00        12.50
                                   Minimum Bill........        25.00        25.00
Walker River Irrigation Project*   Indian per acre.....        10.00        13.00  16.00
 (See Note 3).
                                   non-Indian per acre.        16.00        16.00  16.00
----------------------------------------------------------------------------------------------------------------
* Irrigation projects where rates were adjusted.
Note 1--The O&M rate for Fort Yuma Irrigation Project has two components. The first component is the
  O&M rate established by the Bureau of Reclamation (BOR), the owner and operator of the Project. The BOR rate
  for 2008 is $70.00/acre. The second component is for the O&M rate established by the Bureau of Indian Affairs
  (BIA) to cover administrative costs including billing and collections for the Project. The 2008 BIA rate
  remains unchanged at $7.00/acre. The 2008 BOR rate for ``Ranch 5'' is $28.00/acre. In 2008, the BIA is not
  charging administrative costs on ``Ranch 5'' acreage. For 2009, the BIA will be proposing the addition of the
  $7.00 BIA administrative fee to the ``Ranch 5'' acreage.
Note 2--The 2008 and 2009 rate was established by final notice published in the Federal Register on
  April 20, 2007 (Vol. 72, No. 76, page 19954). The 2010 rate is to be determined. The Arizona Water Settlement
  Act is expected to be effective December 31, 2007, and this circumstance may affect what the O&M rate should
  be for the SCIPJW in 2010.
Note 3--The 2008 and 2009 irrigation rates are established through this notice.

Consultation and Coordination With Tribal Governments (Executive Order 
13175)

    To fulfill its consultation responsibility to tribes and tribal 
organizations the BIA communicates, coordinates, and consults on a 
continuing basis with these entities on issues of water delivery, water 
availability, and costs of administration, operation, maintenance, and 
rehabilitation of projects that concern them. This is accomplished at 
the individual 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 to, and request 
comments from, these entities when the BIA adjusts 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 projects, except for the Fort Yuma

[[Page 32048]]

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 Reform 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 Reform 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 August 31, 
2009.

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: May 16, 2008.
Carl J. Artman,
Assistant Secretary--Indian Affairs.
[FR Doc. E8-12610 Filed 6-4-08; 8:45 am]
BILLING CODE 4310-W7-P