Federal Register, Volume 73 Issue 211 (Thursday, October 30, 2008)

[Federal Register Volume 73, Number 211 (Thursday, October 30, 2008)]
[Notices]
[Pages 64629-64635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25920]

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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 projects located on or associated with various Indian
reservations throughout the United States. We are required to establish
irrigation assessment rates to recover the costs to administer,
operate, maintain, and rehabilitate these projects. We request your
comments on the proposed rate adjustments.

DATES: Interested parties may submit comments on the proposed rate
adjustments on or before December 29, 2008.

ADDRESSES: All comments on the proposed rate adjustments must be in
writing and addressed to: John Anevski, Chief, Division of Irrigation,
Power and Safety of Dams, Office of Trust Services, 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 the SUPPLEMENTARY
INFORMATION section to contact the regional or local office where the
project is located.

SUPPLEMENTARY INFORMATION: The first table in this notice provides
contact information for individuals who can give further information
about the irrigation projects covered by this notice. The second table
provides the current 2008 irrigation assessment rates, the proposed
rates for the 2009 irrigation season, and proposed rates for subsequent
years where these are available.

What is the meaning of the key terms used in this notice?

In this notice:
Administrative costs means all costs we incur to administer our
irrigation projects at the local project level and is a cost factor
included in calculating your O&M assessment. Costs incurred at the
local project level do not normally include 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, for which we collect assessments in order to
recover

[[Page 64630]]

costs for the provision of irrigation service. (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. (See administrative costs, operation costs,
maintenance costs, and rehabilitation costs).
Customer means any person or entity to which we provide irrigation
service.
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 persons or entities that are
affected by this notice.
Irrigation project means a facility or portion thereof for the
delivery, diversion, and storage of irrigation water that we own or
have an interest in, including all appurtenant works. The term
``irrigation project'' is used interchangeably with irrigation
facility, irrigation system, and irrigation area.
Irrigation service means the full range of services we provide
customers of our irrigation projects. This includes our activities to
administer, operate, maintain, and rehabilitate our projects in order
to deliver water.
Maintenance costs means costs we incur to maintain and repair our
irrigation projects and associated equipment and is a cost factor
included in calculating your operation and maintenance (O&M)
assessment.
Operation and maintenance (O&M) assessment means the periodic
charge you must pay us to reimburse costs of administering, operating,
maintaining, and rehabilitating irrigation projects consistent with
this notice and our supporting policies, manuals, and handbooks.
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.
Responsible party means an individual or entity that owns or leases
land within the assessable acreage of one of our irrigation projects
and is responsible for providing accurate information to our billing
office and paying a bill for an annual irrigation rate assessment.
Total assessable acres means the total acres served by one of our
irrigation projects.
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 if 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 our irrigation assessment rates. This notice is published in
accordance with the BIA's regulations governing its operation and
maintenance of irrigation projects, found at 25 CFR part 171. This
regulation provides for the establishment and publication of the rates
for annual irrigation assessments as well as related information about
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 2009
irrigation season and subsequent years where applicable.

How do you calculate irrigation rates?

We calculate annual irrigation assessment rates in accordance with
25 CFR part 171.500 by estimating the annual costs of operation and
maintenance at each of our irrigation projects and then dividing by the
total assessable acres for that particular irrigation project. The
result of this calculation for each project is stated in the rate table
in this notice.

What kinds of expenses do you consider in determining the estimated
annual costs of operation and maintenance?

Consistent with 25 CFR part 171.500, these expenses include the
following:
(a) Salary and benefits for the project engineer/manager and
project employees under the project engineer/manager's management or
control;
(b) Materials and supplies;
(c) Vehicle and equipment repairs;
(d) Equipment costs, including lease fees;
(e) Depreciation;
(f) Acquisition costs;
(g) Maintenance of a reserve fund available for contingencies or
emergency costs needed for the reliable operation of the irrigation
facility infrastructure;
(h) Maintenance of a vehicle and heavy equipment replacement fund;
(i) Systematic rehabilitation and replacement of project
facilities;
(j) Contingencies for unknown costs and omitted budget items; and
(k) 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: (a) The
amount you owe to the United States, and (b) 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
by the due date stated on the bill.

What information must I provide for billing purposes?

All responsible parties are required to provide the following
information to the billing office associated with the irrigation
project where you own or lease land within the project's assessable
acreage or to the billing office

[[Page 64631]]

associated with the irrigation project with which you have a carriage
agreement:
(1) The full legal name of person or entity responsible for paying
the bill;
(2) An 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.

Why are you collecting my taxpayer identification number or social
security number?

Public Law 104-134, the Debt Collection Improvement Act of 1996,
requires that we collect the taxpayer identification number or social
security number before billing a responsible party and as a condition
to servicing the account.

What happens if I am a responsible party but I fail to furnish the
information required to the billing office responsible for the
irrigation project within which I own or lease assessable land or for
which I have a carriage agreement?

If you are late paying your bill because of your failure to furnish
the required information listed above, you will be assessed interest
and penalties as provided below, and your failure to provide the
required information will not provide grounds for you to appeal your
bill or any penalties assessed.

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. This 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 irrigated land for which
the bill is past due. We can continue to refuse water delivery until
you pay your bill or make payment arrangements to which we agree. We
follow the procedures provided in 31 CFR 901.2, ``Demand for Payment,''
when demanding payment of your past due bill.

Are there any additional charges if I am late paying my bill?

Yes. We will assess you interest on the amount owed, using 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 original 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 six percent (6%) per
year, which will accrue from the date your bill initially became past
due. As a Federal agency, we are required to charge interest,
penalties, and administrative costs on debts owed to us pursuant to 31
U.S.C. 3717 and 31 CFR 901.9, ``Interest, penalties, and administrative
costs.''

What else will happen to my past due bill?

If you do not pay your bill or make payment arrangements to which
we agree, we are required to send your past due bill to the Treasury
for further action. Under the provisions of 31 CFR 901.1, ``Aggressive
agency collection activity,'' we must send any unpaid annual irrigation
assessment bill to Treasury no later than 180 days after the original
due date of the bill.

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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,
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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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Project Name Project/Agency Contacts
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Flathead Chuck Courville, Superintendent
Irrigation Project Ed McKay, Acting Irrigation
Manager
Flathead Agency Irrigation
Division
P.O. Box 40
Pablo, MT 59855-0040
Telephone: (406) 675-2700
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Fort Hall Eric J. LaPointe, Superintendent
Irrigation Project Alan Oliver, Supervisory General
Engineer
Fort Hall Agency
P.O. Box 220
Fort Hall, ID 83203-0220
Telephone: (208) 238-2301
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Wapato Pierce Harrison, Project
Administrator
Irrigation Project Wapato Irrigation Project
P.O. Box 220
Wapato, WA 98951-0220
Telephone: (509) 877-3155
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,Rocky Mountain Region Contacts
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Ed Parisian, Regional Director

[[Page 64632]]

Bureau of Indian Affairs, Rocky Mountain Regional Office
316 North 26th Street
Billings, Montana 59101
Telephone: (406) 247-7943
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Project Name Agency/Project Contacts
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Blackfeet Stephen Pollock, Superintendent
Irrigation Project Ted Hall, Irrigation Project
Manager
Box 880
Browning, MT 59417
Telephones: (406) 338-7544,
Superintendent
(406) 338-7519, Irrigation
Project Manager
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Crow George Grover, Superintendent
Irrigation Project Karl Helvik, Irrigation Project
Manager
P.O. Box 69
Crow Agency, MT 59022
Telephones: (406) 638-2672,
Superintendent
(406) 638-2863, Irrigation
Project Manager
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Fort Belknap Judy Gray, Superintendent
Irrigation Project Ralph Leo, Irrigation Project
Manager
R.R.1, Box 980
Harlem, MT 59526
Telephones: (406) 353-2901,
Superintendent
(406) 353-2905, Irrigation
Project Manager
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Fort Peck Florence White Eagle,
Superintendent
Irrigation Project 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
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Wind River Ed Lone Flight, Superintendent
Irrigation Project 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
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Southwest Region Contacts
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William T. Walker, acting Regional Director
Bureau of Indian Affairs, Southwest Regional Office
1001 Indian School Road
Albuquerque, New Mexico 87104
Telephone: (505) 563-3100
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Project Name Project/Agency Contacts
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Pine River Vacant, Superintendent
Irrigation Project John Formea, Irrigation Engineer
P.O. Box 315
Ignacio, CO 81137-0315
Telephones: (970) 563-4511,
Superintendent
(970) 563-9484, Irrigation
Engineer
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Western Region Contacts
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Allen Anspach, Regional Director
Bureau of Indian Affairs, Western Regional Office
Two Arizona Center
400 N. 5th Street, 12th floor
Phoenix, Arizona 85004
Telephone: (602) 379-6600
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Project Name Project/Agency Contacts
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Colorado River Janice Staudte, Superintendent
Irrigation Project Ted Henry, Irrigation Project
Manager
12124 1st Avenue
Parker, AZ 85344
Telephone: (928) 669-7111
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[[Page 64633]]

Duck Valley Joseph McDade, Superintendent
Irrigation Project 1555 Shoshone Circle
Elko, NV 89801
Telephone: (775) 738-0569
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Fort Yuma Raymond Fry, Superintendent
Irrigation Project P.O. Box 11000
Yuma, AZ 85366
Telephone: (520) 782-1202
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San Carlos Bryan Bowker, Project Manager
Irrigation Project Carl Christensen, Supervisory
General Engineer
Joint Works P.O. Box 250
Coolidge, AZ 85228
Telephone: (520) 723-6216
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San Carlos Cecilia Martinez, Superintendent
Irrigation Project Joe Revak, Supervisory General
Engineer
Indian Works Pima Agency, Land Operations
P.O. Box 8
Sacaton, AZ 85247
Telephone: (520) 562-3326
Telephone: (520) 562-3372
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Uintah Daniel Picard, Superintendent
Irrigation Project Lynn Hansen, Irrigation Manager
P.O. Box 130
Fort Duchesne, UT 84026
Telephone: (435) 722-4300
Telephone: (435) 722-4341
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Walker River Athena Brown, Superintendent
Irrigation Project 311 E. Washington Street
Carson City, NV 89701
Telephone: (775) 887-3500
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What irrigation assessments or charges are proposed for adjustment by
this notice?

The rate table below contains the current rates for all irrigation
projects where we recover costs of administering, operating,
maintaining, and rehabilitating them. The table also contains the
proposed rates for the 2009 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.

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Final 2008 Final 2009
Project name Rate category rate rate Proposed 2010 rate
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Northwest Region Rate Table
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Flathead Irrigation Project * (See Basic per acre--A......... $23.45 $23.45 $23.45
Note 1).
Basic per acre--B......... 10.75 10.75 11.75
Minimum Charge per tract.. 65.00 65.00 65.00
Fort Hall Irrigation Project *..... Basic per acre............ 31.00 40.50 To be determined.
Minimum Charge per tract.. 27.00 30.00 .....................
Fort Hall Irrigation Project--Minor Basic per acre............ 21.00 21.00 .....................
Units *.
Minimum Charge per tract.. 27.00 30.00 .....................
Fort Hall Irrigation Project-- Basic per acre............ 39.75 41.50 .....................
Michaud *.
Pressure per acre......... 55.50 58.00 .....................
Minimum Charge per tract.. 27.00 30.00 .....................
Minimum Charge for farm 14.00 15.00 .....................
unit/land tracts up to
one acre.
Farm unit/land tracts over 14.00 15.00 .....................
one acre--per acre.
Wapato Irrigation Project-- Minimum Charge for per 14.00 15.00 .....................
Toppenish/Simcoe Units *. tract.
Basic per acre............ 14.00 15.00 .....................
Wapato Irrigation Project--Ahtanum Minimum Charge per tract.. 14.00 15.00 .....................
Units *.
Basic per acre............ 14.00 15.00 .....................
Wapato Irrigation Project--Satus Minimum Charge for per 55.00 58.00 .....................
Unit *. tract.
``A'' Basic per acre...... 55.00 58.00 .....................
``B'' Basic per acre...... 65.00 68.00 .....................
Wapato Irrigation Project-- Minimum Charge per tract.. 60.00 63.00 .....................
Additional Works *.
Basic per acre............ 60.00 63.00
Wapato Irrigation Project--Water Minimum Charge............ 67.00 70.00
Rental *.

[[Page 64634]]

Basic per acre............ 67.00 70.00
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Proposed 2009
Project name Rate category Final 2008 rate rate
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Rocky Mountain Region Rate Table
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Blackfeet Irrigation Project *............ Basic-per acre.................. $17.00 $18.00
Crow Irrigation Project--Willow Creek O&M Basic-per acre.................. 20.80 20.80
(includes Agency, Lodge Grass 1,
Lodge Grass 2, Reno, Upper
Little Horn, and Forty Mile Units).
Crow Irrigation Project--All Others Basic-per acre.................. 20.50 20.50
(includes Bighorn, Soap Creek, and Pryor
Units).
Crow Irrigation Two Leggins Drainage Basic-per acre.................. 2.00 2.00
District.
Fort Belknap Irrigation Project *......... Basic-per acre.................. 13.88 20.00
Fort Peck Irrigation Project *............ Basic-per acre.................. 22.00 25.75
Wind River Irrigation Project *........... Basic-per acre.................. 16.00 18.00
Wind River Irrigation Project--LeClair Basic-per acre.................. 17.00 19.00
District *.
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Final 2008 Proposed Proposed 2010 Proposed 2011
Project name Rate category rate 2009 rate rate rate
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Western Region Rate Table
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Colorado River Irrigation Basic per acre up to $47.00 $51.00 $52.50......... $54.00
Project *. 5.75 acre-feet.

Excess Water per acre- 17.00 17.00
foot over 5.75 acre-
feet.
Duck Valley Irrigation Basic per acre....... 5.30 5.30 To be To be
Project. determined. determined.
Fort Yuma Irrigation Project Basic per acre up to 77.00 77.00 To be To be
* (See Note 2). 5.0 acre-feet. determined. determined.
Excess Water per acre- 14.00 14.00
foot over 5.0 acre-
feet.
Basic per acre up to 28.00 77.00
5.0 acre-feet (Ranch
5).
San Carlos Irrigation Project Basic per acre....... 21.00 21.00 21.00.......... To be
(Joint Works) (See Note determined.
3).
San Carlos Irrigation Project Basic per acre....... 57.00 57.00 To be To be
(Indian Works). determined. determined.
Uintah Irrigation Project *.. Basic per acre....... 12.50 13.70
Minimum Bill......... 25.00 25.00
Walker River Irrigation Indian per acre...... 13.00 16.00 19.00.......... 21.00
Project *.
(See Note 4)........ non-Indian per acre.. 16.00 16.00 19.00.......... 21.00
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* Notes irrigation projects where rates are proposed for adjustment.
Note 1--The 2009 rate was established by final notice published in the Federal Register on June 5, 2008
(Vol. 73, No. 109, page 32046). The 2010 rate is to be determined.
Note 2--The O&M rate for the 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 2009 remains unchanged at 70.00/acre. The second component is for the O&M rate established by BIA to
cover administrative costs including billing and collections for the Project. The 2009 BIA rate remains
unchanged at 7.00/acre. In 2009, the BOR rate for ``Ranch 5'' will be increased from 28.00/acre to 70.00/acre,
and BIA will begin charging the 7.00/acre administrative fee on ``Ranch 5'' acreage.
Note 3--The 2009 rate was established by final notice published in the Federal Register on April 20,
2007 (Vol. 72, No. 76, page 19954).
Note 4--The 2009 rate was established by final notice published in the Federal Register on June 5,
2008 (Vol. 73, No. 109, page 32047). The 2010 and 2011 rates are proposed through this notice.

Consultation and Coordination With Tribal Governments (Executive Order
13175)

To fulfill its consultation responsibility to tribes and tribal
organizations, 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 irrigation project by Project, Agency, and Regional
representatives,

[[Page 64635]]

as appropriate, in accordance with local protocol and procedures. This
notice is one component of our overall coordination and consultation
process to provide notice to, and request comments from, these entities
when we adjust irrigation assessment 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

These rate adjustments are not a rule for the purposes of the
Regulatory Flexibility Act because they establish ``a rule of
particular applicability relating to rates.'' 5 U.S.C. 601(2).

Unfunded Mandates Reform Act of 1995

These rate adjustments do not impose an unfunded mandate on State,
local, or tribal governments in the aggregate, or on the private
sector, of more than $130 million per year. The rule does not have a
significant or unique effect on State, local, or tribal governments or
the private sector. Therefore, the Department is not required to
prepare a statement containing the information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et seq.).

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 will not affect the
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among various
levels of government.

Civil Justice Reform (Executive Order 12988)

In issuing this rule, the Department has taken the necessary steps
to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct, as
required by section 3 of Executive Order 12988.

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)).

Information Quality Act

In developing this notice, we did not conduct or use a study,
experiment, or survey requiring peer review under the Information
Quality Act (Pub. L. No. 106-554).

Dated: October 22, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary for Policy and Economic Development--
Indian Affairs.
[FR Doc. E8-25920 Filed 10-29-08; 8:45 am]
BILLING CODE 4310-W7-P