[Federal Register Volume 63, Number 50 (Monday, March 16, 1998)]
[Notices]
[Pages 12818-12819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6665]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Operation and Maintenance Rate Adjustment: San Carlos Irrigation
Project, Arizona
ACTION: Notice of operation and maintenance (O&M) rate adjustment.
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SUMMARY: The Bureau of Indian Affairs is adjusting the assessment rates
for operating and maintaining the San Carlos Irrigation Project for
1998. The following table illustrates the impact of the rate
adjustment.
San Carlos Irrigation Project Irrigation Rate Per Assessable Acre
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1997 1998
------------------------------------------------------------------------
Rate................................................ $30.00 $20.00
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COMMENTS: On September 17, 1997, the Bureau of Indian Affairs published
a notice in the Federal Register, 62 FR 44992, proposing to adjust the
assessment rates for operating and maintaining the San Carlos
Irrigation Project, Arizona, for 1998, 1999, and subsequent years. The
notice of proposed rate adjustment provided a thirty (30) day public
comment period. No comments were received for the proposed adjustment
to the assessment for 1998.
FOR FURTHER INFORMATION CONTACT: Area Director, Bureau of Indian
Affairs, Phoenix Area Office, P.O. Box 10, Phoenix, Arizona 85001,
telephone (602) 379-6956.
DATES: The new irrigation assessment rate for 1998 will become
effective upon publication of this notice.
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 15, 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.
This notice is given in accordance with Section 171.1(e) of part
171, Subchapter H, Chapter 1, of Title 25 of the Code of Federal
Regulations, which provides for fixing and announcing the rates for
annual operation and maintenance assessments and related information
for BIA operated and owned irrigation projects.
The assessment rates are based on an 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 salary and benefits for the project engineer/manager
and our employees under his/her management control;
(b) Materials and supplies;
(c) Major and minor vehicle and equipment repairs;
[[Page 12819]]
(d) Equipment, including transportation, fuel, oil, grease, lease
and replacement;
(d) Capitalization expenses;
(e) Acquisition expenses, and
(f) 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. After 180 days a delinquent debt will be forwarded to the
United States Treasury for further action in accordance with the Debt
Collection Improvement Act of 1996 (Public Law 104-134).
Executive Order 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.
Executive Order 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).
Executive Order 12630
The Department has determined that this rate adjustment does not
have significant ``takings'' implications.
Executive Order 12612
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.
NEPA Compliance
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.
Paperwork Reduction Act of 1995
This rate adjustment does not contain collections of information
requiring approval under the Paperwork Reduction Act of 1995.
Unfunded Mandates Act of 1995
This rate adjustment imposes no unfunded mandates on any
governmental or private entity and is in compliance with the provisions
of the Unfunded Mandates Act of 1995.
Dated: March 5, 1998.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 98-6665 Filed 3-13-98; 8:45 am]
BILLING CODE 4310-02-P
