[Federal Register Volume 65, Number 194 (Thursday, October 5, 2000)]
[Notices]
[Pages 59461-59462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25531]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Operation and Maintenance Rate Adjustment for the Colorado River 
Irrigation Project, Arizona

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of proposed rate adjustment.

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SUMMARY: The Bureau of Indian Affairs proposes to adjust the assessment 
rates for operating and maintaining the Colorado River Irrigation 
Project for the 2001 irrigation season.

DATES: Interested parties may submit comments on the proposed rate 
adjustment. Comments must be submitted on or before December 4, 2000.

ADDRESSES: All comments concerning the proposed rate adjustment must be 
in writing and addressed to the Bureau of Indian Affairs, Director of 
Trust Responsibilities, ATTN: Irrigation and Power, Mail Stop 3061, 
1849 C Street, NW., Washington, DC 20240, telephone; (202) 208-5480.

FOR FURTHER INFORMATION CONTACT: Regional Director, Bureau of Indian 
Affairs, Western Region, P.O. Box 10, Phoenix, Arizona 85001; telephone 
(602) 379-6956.

SUPPLEMENTARY INFORMATION: The authority to issue this document 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 
delegated this authority to the Assistant Secretary--Indian Affairs 
pursuant to part 209 Departmental Manual, Chapter 8.1A and memorandum 
dated January 25, 1994, from Chief of Staff, Department of the 
Interior, to Assistant Secretaries, and Heads of Bureaus and Offices. 
The new rates are specified in the following schedule.
    This notice is given in accordance with Section 171.1(e) and 
171.1(g) of part 171, Subchapter H, Chapter 1, of Title 25 of the Code 
of Federal Regulations, which provides for the fixing and announcing 
the rates for annual operation and maintenance assessments and related 
information of Bureau of Indian Affairs irrigation projects.

Background

    The assessment rates are based on a prepared estimate of the cost 
of normal operation and maintenance of the irrigation project. Normal 
operation and maintenance means the expenses we incur to provide direct 
support or benefit to the project's activities for administration, 
operation, maintenance, and rehabilitation. We must include at least:
    (a) Personnel salaries and benefits for the project engineer/
manager and our employees under his management/control;
    (b) Materials and supplies;
    (c) Major and minor vehicle and equipment repairs;
    (d) Equipment, including transportation, fuel, oil, grease, lease 
and replacement;
    (e) Capitalization expenses;
    (f) Acquisition expenses; and
    (g) Other expenses we determine necessary to properly perform the 
activities and functions characteristic of an irrigation project.

Payments

    The irrigation operation and maintenance assessments become due 
based on locally established payment requirements. No water shall be 
delivered to any of these lands until all irrigation charges have been 
paid.

Interest and Penalty Fees

    Interest, penalty, and administrative fees will be assessed, where 
required by law, on all delinquent operation and maintenance assessment 
charges as prescribed in the Code of Federal Regulations, Title 4, Part 
102, Federal Claims Collection Standards; and 42 BIAM Supplement 3, 
part 3.8 Debt Collection Procedures. Beginning 30 days after the due 
date, interest will be assessed at the rate of the current value of 
funds to the U.S. Treasury. An administrative fee of $12.50 will be 
assessed each time an effort is made to collect a delinquent debt; a 
penalty charge of 6 percent per year will be charged on delinquent 
debts over 90 days old and will accrue from the date the debt became 
delinquent. No water shall be delivered to any farm unit until all 
irrigation charges have been paid. Within 180 days a delinquent debt 
will be forwarded to the U.S. Treasury for further action in accordance 
with Debt Collection Improvement Act of 1996 (Public Law 104-134).

Rate Adjustment

    The following table illustrates the impact of the rate adjustment:

                                        Colorado River Irrigation Project
                                      [Irrigation rate per assessable acre]
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                                           Present 2000          Proposed 2001               Proposed 2002
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Up to 5 acre-feet/acre..................          $38.50  $37.00....................  $37.00.
Excess Water/acre-foot..................           17.00  Unchanged.................  Unchanged.
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Determinations and Certifications

    Regulatory Planning and Review (E.O. 12866): This rate adjustment 
is not a significant regulatory action and has been 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. Sec. 601(2)).
    Unfunded Mandates Reform Act: This rate adjustment imposes no 
unfunded

[[Page 59462]]

mandates on any governmental or private entity and is in compliance 
with the provisions of the Unfunded Mandates Reform Act of 1995.
    Takings Implication Assessment (E.O. 12630): The Department has 
determined that this rate adjustment does not have significant 
``takings'' implications.
    Federalism (E.O. 13132): The Department has determined that this 
rate adjustment does not have significant Federalism effects because it 
pertains solely to Federal-tribal relations and will not interfere with 
the roles, rights, and responsibilities of states.
    Civil Justice Reform (E.O. 12988): The Department has certified to 
the Office of Management and Budget (OMB) that this rate adjustment 
meets the applicable standards provided in sections 3(a) and 3(b)(2) of 
Executive Order 12988.
    Paperwork Reduction Act: This rate adjustment does not contain 
collections of information requiring approval under the Paperwork 
Reduction Act of 1995.
    National Environmental Policy Act (NEPA): 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.

Public Comment Solicitation

    Interested persons may submit written comments regarding the 
proposed rate adjustment to the location identified in the ADDRESSES 
section of this document. Our practice is to make comments, including 
names and home addresses of respondents, available for public review 
during regular business hours. Individual respondents may request 
confidentiality. If you wish to request that we consider withholding 
your name, street address, and other contact information (such as 
Internet address, FAX, or phone number) from public review or from 
disclosure under the Freedom of Information Act, you must state this 
prominently at the beginning of your comment. We will honor your 
request to the extent allowable by law. However, we will not consider 
anonymous comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety.

    Dated: September 27, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs
[FR Doc. 00-25531 Filed 10-4-00; 8:45 am]
BILLING CODE 4310-02-P