Federal Register: October 23, 2009 (Volume 74, Number 204)

DOCID: fr23oc09-73 FR Doc E9-25540

SUBJECT CATEGORY:

Rate Adjustments for Indian Irrigation Projects

DATES: Interested parties may submit comments on the proposed rate adjustments on or before December 22, 2009.

DOCUMENT SUMMARY:

The Bureau of Indian Affairs (BIA) owns or has an interest in irrigation projects located on or associated with various Indian reservations throughout the United States. 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 adjustments.

SUMMARY:

Rate Adjustments for Indian Irrigation Projects

SUPPLEMENTAL INFORMATION

The first table in this notice provides contact information for individuals who can give further information about the irrigation projects covered by this notice. The second table provides the current 2009 irrigation assessment rates, the proposed rates for the 2010 irrigation season, and proposed rates for subsequent years where these are available.
What is the meaning of the key terms used in this notice?

In this notice:

Administrative costs means all costs we incur to administer our irrigation projects 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 handdeliver 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 an irrigation facility. (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 a facility 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 our irrigation projects. This includes our activities to administer, operate, maintain, and rehabilitate our projects 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 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 irrigation projects consistent with this notice and our supporting policies, manuals, and handbooks.

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.

Responsible party means an individual or entity that owns or leases land within the assessable acreage of one of our irrigation projects 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 one of our irrigation projects.

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 if 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 our
[[Page 54847]]
irrigation assessment rates. 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 rates for annual irrigation assessments as well as related information about 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 SecretaryIndian 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 2010 irrigation season and subsequent years where applicable.

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 each project 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 handdeliver 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 irrigation project where you own or lease land within the project's assessable acreage or to the billing office associated with the irrigation project with which you have a carriage agreement:
(1) The full legal name of the 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 104134, 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 irrigation project within which I own or lease assessable land or for which I have a carriage agreement?

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 tables are the regional and project/agency contacts for our irrigation facilities.
[[Page 54848]]
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 972324169, Telephone: (503) 2316702.
Flathead..................... Chuck Courville, Superintendent, Flathead Irrigation Project........... Agency Irrigation Division, P.O. Box 40, Pablo, MT 598550040, Telephone: (406) 6752700.
Fort Hall.................... Eric J. LaPointe, Superintendent, Dean Irrigation Project........... Fox, Deputy Superintendent, Fort Hall Agency, P.O. Box 220, Fort Hall, ID 832030220, Telephone: (208) 2382301. Wapato....................... Pierce Harrison, Project Administrator, Irrigation Project........... Wapato Irrigation Project, P.O. Box 220, Wapato, WA 989510220, Telephone: (509) 8773155.
Rocky Mountain Region Contacts
Darryl LaCounte, Acting Regional Director, Bureau of Indian Affairs, Rocky Mountain Regional Office, 316 North 26th Street, Billings, Montana 59101, Telephone: (406) 2477943.
Blackfeet.................... Stephen Pollock, Superintendent, Ted Irrigation Project........... Hall, Irrigation Project Manager, Box 880, Browning, MT 59417, Telephones: (406) 3387544, Superintendent, (406) 3387519, Irrigation Project Manager. Crow Irrigation Project...... Judy Gray, Superintendent, Vacant, Irrigation Project Manager, P.O. Box 69, Crow Agency, MT 59022, Telephones: (406) 6382672, Superintendent, (406) 638 2863, Irrigation Project Manager. Fort Belknap Irrigation Jim Montes, Acting Superintendent, Project. Vacant, Irrigation Project Manager, (Project operations & management contracted tribes), R.R.1, Box 980, Harlem, MT 59526, Telephones: (406) 353 2901, Superintendent, (406) 3532905, Irrigation Project Manager. Fort Peck.................... Florence White Eagle, Superintendent, Irrigation Project........... P.O. Box 637, Poplar, MT 59255, Richard Kurtz, Irrigation Manager, 602 6th Avenue North, Wolf Point, MT 59201, Telephones: (406) 7685312,
Superintendent, (406) 6531752, Irrigation Manager.
Wind River................... Ed Lone Fight, Superintendent, Sheridan Irrigation Project........... Nicholas, Irrigation Project Engineer, P.O. Box 158, Fort Washakie, WY 82514, Telephones: (307) 3327810,
Superintendent, (307) 3322596, Irrigation Project Manager. Southwest Region Contacts
William T. Walker, Acting Regional Director, Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School Road, Albuquerque, New Mexico 87104, Telephone: (505) 5633100.
Pine River................... John Waconda, Superintendent, John Irrigation Project........... Formea, Irrigation Engineer, P.O. Box 315, Ignacio, CO 811370315, Telephones: (970) 5634511, Superintendent, (970) 5639484, Irrigation Engineer. Western Region Contacts
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) 3796600.
Colorado River Irrigation Janice Staudte, Superintendent, Ted Project. Henry, Irrigation Project Manager, 12124 1st Avenue, Parker, AZ 85344, Telephone: (928) 6697111.
Duck Valley.................. Joseph McDade, Superintendent, 1555 Irrigation Project........... Shoshone Circle, Elko, NV 89801, Telephone: (775) 7380569.
Fort Yuma.................... Vacant, Superintendent, P.O. Box 11000, Irrigation Project........... Yuma, AZ 85366, Telephone: (520) 782 1202.
San Carlos................... Bryan Bowker, Project Manager, Clarence Irrigation Project Joint Begay, Irrigation Manager, P.O. Box 250, Works. Coolidge, AZ 85228, Telephone: (520) 723 6203.
San Carlos Irrigation Project Cecilia Martinez, Superintendent, Joe Indian Works. Revak, Supervisory General Engineer, Pima Agency, Land Operations, P.O. Box 8, Sacaton, AZ 85247, Telephone: (520) 5623326, Telephone: (520) 5623372. Uintah....................... Daniel Picard, Superintendent, Dale Irrigation Project........... Thomas, Irrigation Manager, P.O. Box 130, Fort Duchesne, UT 84026, Telephone: (435) 7224300, Telephone: (435) 722 4341.
Walker River Irrigation Athena Brown, Superintendent, 311 E. Project. Washington Street, Carson City, NV 89701, Telephone: (775) 8873500. What irrigation assessments or charges are proposed for adjustment by this notice?

The rate table below contains the current rates for all irrigation projects where we recover costs of administering, operating, maintaining, and rehabilitating them. The table also contains the proposed rates for the 2010 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. [[Page 54849]]
Final 2009 Proposed Proposed Project name Rate category rate 2010 rate 2011 rate Northwest Region Rate Table Flathead Irrigation Project * (See Note Basic per acreA............ $23.45 $23.45 $25.45 1).
Basic per acreB............ 10.75 11.75 12.75 Minimum Charge per tract..... 65.00 65.00 65.00 Fort Hall Irrigation Project.............. Basic per acre............... 40.50 40.50 (\1\) Minimum Charge per tract..... 30.00 30.00 Fort Hall Irrigation ProjectMinor Units. Basic per acre............... 21.00 21.00 Minimum Charge per tract..... 30.00 30.00 Fort Hall Irrigation ProjectMichaud..... Basic per acre............... 41.50 41.50 Pressure per acre............ 58.00 58.00 Minimum Charge per tract..... 30.00 30.00 Wapato Irrigation ProjectToppenish/ Minimum Charge for per tract. 15.00 15.00 Simcoe Units.
Basic per acre............... 15.00 15.00 Wapato Irrigation ProjectAhtanum Units.. Minimum Charge per tract..... 15.00 15.00 Basic per acre............... 15.00 15.00 Wapato Irrigation ProjectSatus Unit *... Minimum Charge for per tract. 58.00 60.00 ``A'' Basic per acre......... 58.00 60.00 ``B'' Basic per acre......... 68.00 70.00 Wapato Irrigation ProjectAdditional Minimum Charge per tract..... 63.00 65.00 Works *.
Basic per acre............... 63.00 65.00 Wapato Irrigation ProjectWater Rental *. Minimum Charge............... 70.00 72.00 Basic per acre............... 70.00 72.00 \1\ To be determined.
Final 2009 Proposed Project name Rate category rate 2010 rate Rocky Mountain Region Rate Table
Blackfeet Irrigation Project Basicper acre. $18.00 $19.00 *.
Crow Irrigation Project Basicper acre. 20.80 22.80 Willow Creek O&M (includes
Agency, Lodge Grass i>1, Lodge Grass 2,
Reno, Upper Little Horn, and
Forty Mile Units) *.
Crow Irrigation ProjectAll Basicper acre. 20.50 22.50 Others (includes Bighorn,
Soap Creek, and Pryor Units)
*.
Crow Irrigation Two Leggins Basicper acre. 2.00 2.00 Drainage District.
Fort Belknap Irrigation Basicper acre. 14.75 14.75 Project.
Fort Peck Irrigation Project Basicper acre. 24.00 24.70 *.
Wind River Irrigation Project Basicper acre. 18.00 20.00 *.
Wind River Irrigation Basicper acre. 19.00 27.00 ProjectLeClair District *.
Wind River Irrigation Basicper acre. 18.00 14.00 ProjectCrowHeart Unit *.
Southwest Region Rate Table
Pine River Irrigation Project Minimum Charge $50.00 $50.00 per tract.
Basicper acre. 15.00 15.00
Final 2009 Proposed Proposed Project name Rate category rate 2010 rate 2011 rate Western Region Rate Table Colorado River Irrigation Project * (see Basic per acre up to 5.75 $51.00 $52.50 $54.00 Note 3). acrefeet.
Excess Water per acrefoot 17.00 17.00 (\1\) over 5.75 acrefeet. Duck Valley Irrigation Project............ Basic per acre............... 5.30 5.30 Fort Yuma Irrigation Project * (See Note Basic per acre up to 5.0 acre 77.00 77.00 2). feet.
Excess Water per acrefoot 14.00 14.00 over 5.0 acrefeet. Basic per acre up to 5.0 acre 77.00 77.00 feet (Ranch 5). San Carlos Irrigation Project (Joint Basic per acre............... 21.00 21.00 25.00 Works) (See Note 1).
San Carlos Irrigation Project (Indian Basic per acre............... 57.00 57.00 (\1\) Works).
Uintah Irrigation Project................. Basic per acre............... 15.00 15.00 Minimum Bill................. 25.00 25.00 Walker River Irrigation Project * (See Indian per acre.............. 16.00 19.00 22.00 Note 3).
NonIndian per acre.......... 16.00 19.00 22.00 * Notes irrigation projects where rates are proposed for adjustment. Note 1The 2010 rate was established by final notice published in the Federal Register on April 22, 2009 (Vol. 74, No. 76, page 18398). The 2011 rate is to be determined. [[Page 54850]]

Note 2The O&M rate for the Fort Yuma Irrigation Project has two components. The first component is the O&M rate established by the Bureau of Reclamation (BOR), the owner and operator of the Project. The BOR rate for 2010 is yet to be determined. The second component is for the O&M rate established by BIA to cover administrative costs including billing and collections for the Project. The 2010 BIA rate remains unchanged at $7.00/acre. The rates shown include the 2009 Reclamation rate and the 2010 BIA rate. Note 3The 2010 and 2011 rates were established by final notice published in the Federal Register on April 22, 2009 (Vol. 74, No. 76, page 18398).
\1\ To be determined.
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)

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 BIAowned 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

These rate adjustments are not a rule for the purposes of the Regulatory Flexibility Act because they establish ``a rule of particular applicability relating to rates.'' 5 U.S.C. 601(2). Unfunded Mandates Reform Act of 1995

These rate adjustments do 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 rate adjustments do 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 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 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

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 10760141 and expired August 31, 2009; a request for renewal is pending with OMB. See 74 FR 44867 for more information on the renewal.

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)).

Information Quality Act

In developing this notice, we did not conduct or use a study, experiment, or survey requiring peer review under the Information Quality Act (Pub. L. 106554).

Dated: October 7, 2009.
Larry Echo Hawk,
Assistant SecretaryIndian Affairs.
[FR Doc. E925540 Filed 102209; 8:45 am]
BILLING CODE 4310W7P

FOR FURTHER INFORMATION CONTACT

For details about a particular irrigation project, please use the tables in the SUPPLEMENTARY INFORMATION section to contact the regional or local office where the project is located.

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