Operation and Maintenance Rate Adjustment: San Carlos Irrigation Project, Arizona

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

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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;

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(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