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

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