Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Notices 57889 

‘‘take’’ means to harass, harm, pursue, 

hunt, shoot, wound, kill, trap, capture, 

or collect, or to attempt to engage in any 

such conduct (16 U.S.C. 1538). 

However, under section 10(a) of the 

ESA, we may issue permits to authorize 

‘‘incidental take’’ of listed fish and 

wildlife species. Incidental take is 

defined by the ESA as take that is 

incidental to, and not the purpose of, 

carrying out an otherwise lawful 

activity. Regulations governing 

incidental take permits for threatened 

and endangered species are found at 50 

CFR 17.32 and 17.22, respectively. All 

species included on the permit would 

receive assurances under the Service’s 

‘‘No Surprises’’ regulation. 

The applicant has applied to the 

Service for a 20-year incidental take 

permit for the endangered Hawaiian 

Petrel (Pterodroma sandwichensis), 

threatened Newell’s (Townsend’s) 

Shearwater (Puffinus auricularis 

newelli), endangered Nene (Branta 

sandvicensis), and the endangered 

Hawaiian Hoary Bat (Lasiurus cinereus 

semotus) (covered species), pursuant to 

section 10(a)(1)(B) of the ESA. The 

activities proposed to be covered by the 

permit include the construction and 

operation of the island of Maui’s first 

commercial wind energy generation 

facility. The proposed facility would 

consist of 20 General Electric windgeneration turbines, situated in a single 

articulated row at an elevation 

extending from approximately 2,000 to 

3,200 feet in the vicinity of existing 

Maui Electric Company (MECO) 

transmission lines. The height of each 

proposed monopole steel turbine tower 

is 55 meters (180 feet), and the diameter 

of the rotors is 70.5 meters (231 feet), for 

a total peak structural height of 

approximately 90 meters (296 feet). The 

proposed project would include an 

operation and maintenance facility, a 

substation and wind monitoring 

equipment, all situated in proximity to 

the turbines, as well as improvements 

and some realignment to an existing 

four-wheel-drive access road. 

The entire facility has the capacity to 

generate 30 megawatts of power, which 

would eliminate the use of 

approximately 150,000 to 250,000 

barrels of oil annually, thereby reducing 

annual emissions from the MECO power 

plant by approximately 177.6 million 

pounds of carbon dioxide, 1.24 million 

pounds of sulfur dioxide and 0.32 

million pounds of nitrogen oxides. 

Incidental take of covered species 

may occur as a result of these proposed 

covered activities. The applicant 

proposes to avoid, minimize, and 

mitigate the impacts of the taking of 

these species by implementing at a 

minimum the following measures: (1) 

Using ‘‘monopole’’ steel tubular towers 

to eliminate perching and nesting 

opportunities and minimize collision 

risk; (2) utilizing a rotor with a 

significantly lower rotation speed (11–

20 rpm) which makes the rotor more 

visible during operations; (3) choosing a 

site in proximity to existing electrical 

transmission lines to eliminate the need 

for an overhead transmission line from 

the project to the interconnect location; 

(4) restricting construction activity to 

daylight hours to avoid the use of 

nighttime lighting; (5) implementing a 

minimal lighting plan for the wind 

turbines and minimizing on-site lighting 

to reduce impacts to birds attracted to 

lights; (6) limiting on-site vegetation to 

that which is already established to 

eliminate new foraging attractions for 

Nene; (7) conducting surveys during 

nesting and fledging seasons of the 

covered birds during the first year of 

project operation to better understand 

the species’ habits and population status 

and document the response to turbines; 

(8) conducting surveys to locate 

unknown or unconfirmed nesting 

colonies of Hawaiian Petrels and 

Newell’s Shearwaters in West Maui, 

estimate nest numbers and distribution, 

identify management needs and 

implement management measures 

where possible; (9) providing financial 

contribution to the Nene propagation 

and release program and funding 

construction and operation of a new 

release facility for Nene for 5 years; and 

(10) contributing $20,000 to the 

Hawaiian Bat Research Cooperative and 

conducting surveys for bat activity 

within the project area. 

Our Environmental Assessment 

considers the direct, indirect, and 

cumulative effects of the proposed 

action of permit issuance, including the 

measures that would be implemented to 

minimize and mitigate such impacts. 

The Environmental Assessment 

contains an analysis of two alternatives: 

(1) The No Action Alternative (no 

permit issuance); and (2) the Proposed 

Action Alternative (construction and 

operation of the Kaheawa Pastures Wind 

Generation Facility as proposed with 

the issuance of the permit and 

implementation of the HCP). Alternative 

turbine designs and alternative sites 

were considered but not analyzed in 

detail in the Environmental Assessment 

because these alternatives were 

infeasible. 

This notice is provided pursuant to 

section 10(a) of the ESA and the 

regulations of the National 

Environmental Policy Act (NEPA) of 

1969 (40 CFR 1506.6). We will evaluate 

the permit application, associated 

documents, and comments submitted 

thereon to determine whether the 

application meets the requirements of 

NEPA regulations and section 10(a) of 

the ESA. If we determine that those 

requirements are met, we will issue a 

permit to the applicant. 

Dated: September 28, 2005. 

David J. Wesley, 

Deputy Regional Director, Regional Office, 

Portland, Oregon. 

[FR Doc. 05–19825 Filed 10–3–05; 8:45 am] 

BILLING CODE 4310–55–P 

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. 

57890 Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Notices 

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; 

Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Notices 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. 

57892 Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Notices 

Project name Project/agency contacts 

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 Joint 

Works.

Carl Christensen, Supervisory General Engineer, P.O. Box 250, Coolidge, AZ 85228, Telephone: (520) 

723–6216. 

San Carlos Irrigation Project Indian 

Works.

Joe Revak, Supervisory General 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. 

Project name Rate category Current 

2005 rate 

Proposed 

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—Minor Units* ........................................................ Basic Per acre ................................... 14.00 15.00 

Fort Hall Irrigation Project—Michaud* ............................................................ Basic Per acre ................................... 33.00 34.00 

Pressure Per acre .............................. 46.50 48.50 

Wapato Irrigation Project—Toppenish/Simcoe Units* .................................... Billing Charge Per Tract .................... 5.00 5.00 

Farm unit/land tracts up to one acre 

(minimum charge).

13.00 13.50 

Farm unit/land tracts over one acre—

per acre.

13.00 13.50 

Wapato Irrigation Project—Ahtanum Units* .................................................... Billing Charge Per Tract .................... 5.00 5.00 

Farm unit/land tracts up to one acre 

(minimum charge).

13.00 13.50 

Farm unit/land tracts over one acre—

per acre.

13.00 13.50 

Wapato Irrigation Project—Satus Unit* ........................................................... Billing Charge Per Tract .................... 5.00 5.00 

Farm unit/land tracts up to one acre 

(minimum charge).

51.00 53.00 

‘‘A’’ farm unit/land tracts over one 

acre—per acre.

51.00 53.00 

Additional Works farm unit/land tracts 

over one acre—per acre.

56.00 58.00 

‘‘B’’ farm unit/land tracts over one 

acre—per acre.

61.00 63.00 

Water Rental Agreement Lands—per 

acre.

62.00 64.50 

Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Notices 57893 

Project name Rate category Current 

2005 rate 

Proposed 

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 Creek O&M* ............................... Basic-per acre ........................... 16.00 17.30 

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—LeClair District .............................. Basic-per acre ........................... 17.00 17.00 

Project name Rate category Current 

2005 rate 

Proposed 2006 

rate 

Southwest Region Rate Table 

Pine River Irrigation Project* .................................................................... Minimum Charge per tract ............. $25.00 $100.00 

Basic-per acre (includes $2.00 assessment for Vallecito storage).8.50 17.00 

Project name Rate category Current 

2005 rate 

Proposed 

2006 rate 

Proposed 

2007 rate 

Western Region Rate Table 

Colorado River Irrigation Project ................................................... Basic per acre up to 5.75 acrefeet.$47.00 $47.00 To be Determined. 

Excess Water per acre-foot 

over 5.75 acre-feet.

17.00 17.00 

Duck Valley Irrigation Project ........................................................ Basic-per acre ........................... 5.30 5.30 

Fort Yuma Irrigation Project (See Note #1) .................................. Basic-per acre Up to 5.0 acrefeet.65.00 65.00 

Excess Water per acre-foot 

over 5.0 acre-feet.

10.50 10.50 

San Carlos Irrigation Project (Joint Works) (See Note #2) ........... Basic-per acre ........................... 30.00 30.00 30.00 

San Carlos Irrigation Project (Indian Works) ................................ Basic-per acre ........................... 77.00 77.00 To be Determined. 

Uintah Irrigation Project ................................................................. Basic-per acre ...........................

Minimum Bill ..............................

11.00 

25.00 

12.00 

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). 

57894 Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Notices 

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 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[CO–820–02–5440–DT–C028] 

Notice of Availability of Record of 

Decision for the San Juan/San Miguel 

Resource Management Plan (RMP) 

Amendment and Environmental Impact 

Statement (EIS) 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of availability of Record 

of Decision (ROD). 

SUMMARY: In accordance with the 

National Environmental Policy Act 

(NEPA), the Federal Land Policy and 

Management Act (FLPMA), and the 

Bureau of Land Management (BLM) 

management policies, the BLM 

announces the availability of the RMP 

Amendment/ROD for the Silverton 

Outdoor Learning and Recreation Center 

(SOLRC). The SOLRC planning area is 

located in the San Juan/San Miguel 

Resource Area near Silverton, Colorado. 

The SOLCR RMP Amendment/ROD 

amends the San Juan/San Miguel RMP. 

The Colorado State Director will sign 

the SOLRC RMP Amendment/ROD, 

which becomes effective immediately. 

ADDRESSES: Copies of the SOLRC RMP 

Amendment/ROD are available upon 

request from the Field Manager, 

Columbine Field office, Bureau of Land 

Management, 367 Pearl Street, Bayfield, 

Colorado (81122) or via the Internet at 

http://www.co.blm.gov/sjra. Copies may 

also be obtained by calling Richard 

Speegle, Project Manager, at 970–375–

3310. Copies will also be available at the 

following local libraries: 

Silverton Public Library, 1111 Reese 

Street, Silverton, Colorado (81433). 

Durango Public Library, 1188 2nd 

Ave, Durango, Colorado (81301). 

FOR FURTHER INFORMATION CONTACT: 

Richard Speegle, Project Manager, at 

970–375–3310, (or e-mail at 

richard_speegle@blm.gov), San Juan 

Public Lands Center, 15 Burnett Ct., 

Durango, Colorado, 81301. 

SUPPLEMENTARY INFORMATION: The 

SOLCR RMP Amendment/ROD was 

developed with broad public 

participation through a three year 

planning process. This RMP 

Amendment/ROD addresses 

management on approximately 1,300 

acres of BLM lands, and 400 acres of 

private lands owned by the proponent. 

The ROD only applies to Federal lands. 

Other private lands are included within 

the planning area boundary because 

these lands are interspersed with the 

BLM managed lands. The issues of 

public safety, Canada lynx impacts, 

impacts on the local winter economy, 

impacts to neighboring private lands, 

public access and other related issues 

are addressed in the ROD. 

The SOLRC EIS considered the 

environmental impacts associated with 

both the land use plan amendment (to 

add lift-served skiing and sightseeing to 

the list of allowable (kinds and levels of 

recreation) authorized on BLMadministered public lands specific to 

the SOLRC permit area within the 

Silverton Special Recreation 

Management Area (SRMA)), and the 

issuance of a lease to SOLRC to 

authorize a public ski area. The SOLRC 

RMP Amendment/ROD approves the 

land use plan amendment and allows 

the BLM to move forward with an 

implementation decision to issue the 

lease. 

The SOLRC RMP Amendment/ROD is 

essentially the same as the Proposed 

RMP Amendment (PRMPA)/Final EIS 

(FEIS) published on August 6, 2004. 

BLM received two protests to the 

PRMPA/FEIS. No inconsistencies with 

the State or local plans, policies, or 

programs were identified during the 

Governor’s consistency review of the 

PRMPA/FEIS. As a result, only one 

minor editorial modification was made 

in preparing the SOLCR RMP 

Amendment/ROD. This modification 

corrected an error that was noted during 

the protest period. An errata sheet is 

included with the SOLRC RMP 

Amendment/ROD that identifies the 

location of the corrections in the 

PRMPA/FEIS. 

Pauline Ellis, 

Columbine Field Office Manager. 

[FR Doc. 05–19834 Filed 10–3–05; 8:45 am] 

BILLING CODE 4310–JB–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[ES–960–1910–BJ] ES–053598, Group 22, 

Maine] 

Notice of Filing of Plat of Survey; 

Maine 

AGENCY: Bureau of Land Management. 

ACTION: Notice of filing of plat of survey, 

Maine; correction. 

SUMMARY: The Bureau of Land 

Management published a notice in the 

Federal Register concerning the filing of 

a plat of survey. The notice contained 

an incorrect meridian description. 

FOR FURTHER INFORMATION CONTACT: 

Bureau of Land Management, 7450 

Boston Boulevard, Springfield, Virginia