Operation and Maintenance Rate Adjustment: Wapato Irrigation Project, Washington

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Operation and Maintenance Rate Adjustment: Wapato Irrigation

Project, Washington

ACTION: Notice of operation and maintenance rate increase.

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SUMMARY: The Bureau of Indian Affairs is changing the assessment rates

for operating and maintaining the Wapato Irrigation Project for 1996

and subsequent years. 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 salary and benefits for the project engineer/manager

and our employees under his management control,

(b) Materials and supplies, 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

FOR FURTHER INFORMATION CONTACT: Area Director, Bureau of Indian

Affairs, Portland Area Office, 911 NE 11th Avenue, Portland, Oregon

97232-4169, telephone (503) 231-6702.

DATE: This rate is effective for the 1996 irrigation season and all

subsequent years until modified.

SUPPLEMENTARY INFORMATION: The authority to issue this document is

vested in the Assistant Secretary of Indian Affairs 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 the Area Director to fix and announce

the rates for annual operation and maintenance assessments and related

information of the Wapato Irrigation Project for Calendar Year 1996 and

subsequent years.

The purpose of this notice is to announce an increase in the Wapato

Project assessment rates proportionate with actual operation and

maintenance costs. The assessment rates for 1996 will amount to an

increase of 11% for the Wapato Satus Unit A Lands and 21% for B lands

due to increased storage charges and an 11% increase for the Toppenish-

Simcoe & Ahtanum Units.

Charges for Special Services

Charges will be collected for various special services requested by

the general public, water users and other organizations during the

Calendar Year 1996 and subsequent years until further notice, as

detailed below:

(1) Requests for Irrigation Accounts and Status Reports, Per

Report...........................................................$15.00

(2) Requests for Verification of Account Delinquency Status, Per

Report...........................................................$10.00

(3) Requests for Splitting of Operation and Maintenance Bills (In

addition to minimum billing fee)

Per Bill.........................................................$10.00

(4) Requests for Billing of Operation and Maintenance to Other than

Owner or Lessee of Record (in addition to minimum billing fee)

Per Bill.........................................................$10.00

(5) Requests for Other Special Services Similar to the above, when

appropriate,

Per Report.......................................................$10.00

(6) Requests for elimination of lands from the Project. In the

event that the elimination is approved, a portion of the fee will

be used to pay the Yakima County Recording Fee...................$10.00

(7) Review of subdivision plats..................................$10.00

Ahtanum Unit

Charges

(A) The operation and maintenance rate on lands of the Ahtanum

Irrigation Unit for the Calendar Year 1996 and subsequent years until

further notice, is fixed at $10.00 per acre per annum for land to which

water can be delivered from the project works.

(B) In addition to the foregoing charges there shall be collected a

billing charge of $5.00 for each tract of land for which operation and

maintenance bills are prepared. The bill issued for any tract will,

therefore, be the basic rate per acre times the number of acres plus

$5.00. A one acre charge shall be levied on all tracts of less than one

acre.

[[Page 8970]]

Toppenish-Simcoe Unit

Charges

(A) The operation and maintenance rate for the lands under the

Toppenish-Simcoe Irrigation Unit for the Calendar Year 1996 and

subsequent years until further notice, is fixed at $10.00 per acre per

annum for land for which an application for water is approved by the

Project Engineer.

(B) In addition to the foregoing charges there shall be collected a

billing charge of $5.00 for each tract of land for which operation and

maintenance bills are prepared. The bills issued for any tract will,

therefore, be the basic rate per acre times the number of acres plus

$5.00. A one acre charge shall be levied on all tracts of less than one

acre.

Wapato-Satus Unit

Charges

(A) The basic operation and maintenance rates on assessable lands

under the Wapato-Satus Unit are fixed for the Calendar Year 1996 and

subsequent years until further notice as follows:

(1) Minimum charge for all tracts................................$40.00

(2) Basic rate upon all farm units or tracts for each assessable

acre except Additional Works lands...............................$40.00

(3) Rate per assessable acre for all lands with a storage water

rights, known as .b. lands, in addition to other charges per acre

$8.00

(4) Basic rate upon all farm units or tracts for each assessable

acre of Additional Works lands...................................$44.00

(5) Basic rate for each assessable acre of Water Rental Agreement

Lands............................................................$49.00

(B) In addition to the foregoing charges there shall be collected a

billing charge of $5.00 for each tract of land for which operation and

maintenance bills are prepared. The bill issued for any tract will,

therefore, be the basic rate per acre times the number of acres plus

$5.00. A one acre charge shall be levied against all tracts of less

than one acre.

Payments

The water charge becomes due on April 1 of each year and are

payable on or before that date. No water shall be delivered to any of

these lands until all irrigation charges have been paid.

Interest and Penalty Fees

Interest and penalty 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.

The Notice proposing this increase to the Wapato Irrigation

Project's operation and maintenance assessment rate was published on

December 21, 1995 (60 FR 66315). A 30-day comment period was allowed.

The Bureau received 23 comments. All, except one comment, came from the

Yakima Reservation Irrigation District and its members or the tribe.

The Bureau held a meeting with the Irrigation District and the tribe on

February 13, 1996. All issues were fully discussed and the need for the

increase explained to every one. The one comment from a congressional

representative was answered directly by the Portland Area office.

Dated: February 28, 1996.

Ada E. Deer,

Assistant Secretary--Indian Affairs.

[FR Doc. 96-5130 Filed 3-5-96; 8:45 am]

BILLING CODE 4310-02-P