[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Notices]
[Pages 19981-19984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10038]



[[Page 19981]]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Rate Adjustment for Indian Irrigation Project

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of proposed rate adjustment--San Carlos Irrigation 
Project--Joint Works, Arizona.

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SUMMARY: The Bureau of Indian Affairs (BIA) owns and operates the San 
Carlos Irrigation Project--Joint Works (SCIP-JW) located with the 
project office in Coolidge, Arizona. 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 adjustment for this project for 2011. 
This proposed rate has been be published separately from the annual 
rate notice for all BIA's irrigation projects because of the BIA's 
implementation efforts related to the Arizona Water Settlements Act and 
this project.

DATES: Interested parties may submit comments on the proposed rate 
adjustment on or before June 1, 2009.

ADDRESSES: All comments on the proposed rate adjustment 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: Bryan Bowker, Project Manager, P.O. 
Box 250, Coolidge, AZ 85228, Telephone: (520) 723-6216.

SUPPLEMENTARY INFORMATION: The first table in this notice provides 
contact information for individuals who can give further information 
about the irrigation project covered by this notice. The second table 
provides the current 2009 and 2010 irrigation assessment rate and the 
proposed rate for the 2011 irrigation season.

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

    In this notice:
    Administrative costs means all costs we incur to administer the 
SCIP-JW 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 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 
the SCIP-JW. (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 the SCIP-JW 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 the SCIP-JW. This includes our activities to administer, 
operate, maintain, and rehabilitate this project 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 the SCIP-JW consistent with this notice 
and our supporting policies, manuals, and handbooks.
    Operation or operating costs means costs we incur to operate the 
SCIP-JW 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 the SCIP-JW or 
its 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 the SCIP-JW 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 the SCIP-JW.
    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 the SCIP-JW or if you have a carriage agreement with 
this irrigation project.

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 SCIP-JW, 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 rate. 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 2011 
rate for annual irrigation assessments as well as related information 
about the SCIP-JW.

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 adjustment into effect for the 2011 irrigation 
season and subsequent years where applicable.

[[Page 19982]]

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 the SCIP-JW 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 SCIP-JW:
    (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 SCIP-JW?

    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 table contains the regional and project/agency 
contacts for the SCIP-JW.

[[Page 19983]]



                         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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San Carlos Irrigation Project Joint      Bryan Bowker, Project Manager,
 Works.                                   P.O. Box 250, Coolidge, AZ
                                          85228, Telephone: (520) 723-
                                          6216.
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What irrigation assessment or charge is proposed for adjustment by this 
notice?

    The rate table below contains the current rate for SCIP-JW where we 
recover costs of administering, operating, maintaining, and 
rehabilitating them. The table also contains the proposed rate for the 
2011 season.

                                            Western Region Rate Table
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                                                                                                  Proposed 2011
            Project name                   Rate category       Final 2009 rate  Final 2010 rate        rate
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San Carlos Irrigation Project (Joint  Basic per acre.........          $21.00           $21.00           $30.00
 Works).
(See Note 1)
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Note 1--The 2010 rate was established by final notice published in the Federal Register on April 22,
  2009 (Vol. 74, No. 76, page 18402).

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, 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)

    This rate adjustment will have no adverse effects on energy supply, 
distribution, or use (including a shortfall in supply, price increases, 
and increased use of foreign supplies) should the proposed rate 
adjustment be implemented. This is a notice for rate adjustment at a 
BIA-owned and operated irrigation project.

Regulatory Planning and Review (Executive Order 12866)

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

Regulatory Flexibility Act

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

Unfunded Mandates Reform Act of 1995

    This rate adjustment does 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 rate adjustments do not have 
significant ``takings'' implications. This rate adjustment does not 
deprive the public, State, or local governments of rights or property.

Federalism (Executive Order 13132)

    The Department has determined that 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

    This rate adjustment does 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 this rate adjustment does 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)).

[[Page 19984]]

Data Quality Act

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

    Dated: April 27, 2009.
George T. Skibine,
Deputy Assistant Secretary for Policy and Economic Development, Office 
of the Assistant Secretary--Indian Affairs.
[FR Doc. E9-10038 Filed 4-29-09; 8:45 am]
BILLING CODE 4310-W7-P