[Federal Register Volume 64, Number 88 (Friday, May 7, 1999)]
[Notices]
[Pages 24674-24675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11456]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Irrigation Operation and Maintenance Rate Adjustment for San
Carlos Irrigation Project, Arizona
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of Irrigation Operation and Maintenance (O&M) Rate
Adjustment.
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SUMMARY: The Bureau of Indian Affairs is adjusting the irrigation
assessment rates for operating and maintaining the San Carlos
Irrigation Project for the 1999 season.
DATES: The new irrigation assessment rate for 1999 will become
effective May 7, 1999.
FOR FURTHER INFORMATION CONTACT: Wayne Nordwall, Area Director, Bureau
of Indian Affairs, Phoenix Area Office, P.O. Box 10, Phoenix, AZ 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 15, 1914 (38 Stat. 583, 25 U.S.C. 385). The Secretary has
delegated this authority to the Assistant Secretary-Indian Affairs
under 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,
(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
[[Page 24675]]
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 (Pub. L. 104-134).
Comments: On September 17, 1997, the Bureau of Indian Affairs
published a notice in the Federal Register, 62 FR 44992, proposing to
adjust the irrigation assessment rates for operating and maintaining
SCIP for 1998, 1999, and subsequent years. The notice of proposed rate
adjustment provided a 30-day public comment period. No comments were
received for the 1998 irrigation season and a Federal Register notice
was published on March 16, 1998, 62 FR 12818-12819, for the 1998
irrigation season only. Comments were received for the proposed
adjustment to the assessment for 1999.
The San Carlos Irrigation and Drainage District (SCIDD) commented
on the proposed 1999 irrigation assessment increase of $6.00 per acre
to a $26.00 per acre assessment. Their comment questioned the inclusion
in the assessment of the cost for future repair of the spillway gates
at Coolidge Dam. Coolidge Dam is part of the infrastructure of the San
Carlos Irrigation Project (SCIP). Subsequent to correspondence and
meetings between BIA and SCIDD to review the proposed rate increase of
$6.00 per acre, the BIA has decided not to increase the assessment to
$26.00 at this time. The irrigation assessment for SCIP will remain at
$20.00 per acre until further notice. The BIA has initiated a study of
the spillway gates at Coolidge Dam to analyze the benefits of their
repairing. Upon completion of the study, SCIP will review its possible
impact on any future irrigation rate assessment.
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. 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.
Rate Adjustment: The following table illustrates the rate
adjustment:
San Carlos Irrigation Project Irrigation Rate per Assessable Acre
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1998 1999
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Rate.............................................. $20.00 $20.00
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Dated: April 29, 1999.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 99-11456 Filed 5-6-99; 8:45 am]
BILLING CODE 4310-02-P
