Operation and Maintenance Rate Adjustment: Fort Hall Irrigation Project; Idaho

Federal RegisterDec 11, 1997

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Operation and Maintenance Rate Adjustment: Fort Hall Irrigation

Project; Idaho

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 Fort Hall Irrigation Project, Michaud

Unit, for 1998, 1999, and subsequent years. The following table

illustrates the impact of the rate adjustment.

Fort Hall Irrigation Project

Michaud Unit Irrigation Rate Per Assessable Acre

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Present 1998 1999

Rate category rate rate rate

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Basic rate................................ $25.50 $26.50 $27.50

Pressure rate............................. 37.50 38.50 39.50

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COMMENTS: On August 25, 1997, a notice was published in the Federal

Register, Volume 62, Number 164, Page 44992, by the Bureau of Indian

Affairs proposing to adjust the assessment rates for operating and

maintaining the Fort Hall Irrigation Project, Michaud Unit, for 1998,

1999 and subsequent years. A 30-day public comment period was provided

for the proposed irrigation rate adjustment. No comments were received.

FOR FURTHER INFORMATION CONTACT: Area Director, Bureau of Indian

Affairs, Portland Area Office, 911 N.E. 11th Avenue, Portland, Oregon

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

DATES: The new irrigation assessment rates will become effective upon

publication of this notice.

[[Page 65283]]

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 Sec. 171.1(e) of part 171,

Subchapter H, Chapter 1, of Title 25 of the Code of Federal

Regulations, which provides for the fixing and announcing the rates for

annual operation and maintenance assessments and related information

for BIA operated and owned irrigation projects.

The purpose of this notice is to announce an adjustment in the

Michaud Unit, Fort Hall Irrigation Project, assessment rates

proportionate with actual operation and maintenance costs. The change

in the assessment rate is based on the electrical energy cost increase

imposed by the Bureau of Reclamation (BOR). In September 1996 the BOR

notified us they are increasing the electrical energy charge for its

users. The rate was set at 12.70 mills per kilowatt hour, an increase

of 19.5%. The increased electrical energy cost was absorbed by the

project during the 1997 irrigation season.

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;

(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).

Dated: December 3, 1997.

Kevin Gover,

Assistant Secretary--Indian Affairs.

[FR Doc. 97-32397 Filed 12-10-97; 8:45 am]

BILLING CODE 4310-02-P

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