Rate Adjustments for Indian Irrigation Projects, 7583-7588 [E8-2304]
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Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Notices
378.53 feet; N. 6°59′ W., 744.3 feet; N.
11°36′ E., 428.34 feet; N. 15°06′ W.,
481.23 feet; N. 27°20′ W., 578.32 feet; N.
25°36′ E., 1072.82 feet; N. 9°46′ E.,
1104.33 feet; N. 27°01′ E., 365.8 feet; N.
18°32′ W., 408.2 feet; N. 35°48′ W.,
1009.6 feet; N. 28°43′ W., 246.15 feet; N.
51°19′ W., 377.23 feet; N. 63°17′ W.,
696.27 feet; N. 43°57′ W., 520.75 feet; N.
27°03′ W., 680.15 feet; N. 54°11′ W.,
470.7 feet; N. 74°08′ W., 420.05 feet; N.
87°44′ W., 688.4 feet; N. 72°26′ W.,
682.4 feet; S. 55°03′ W., 817.02 feet; N.
71°21′ W., 1241.18 feet; S. 82°41′ W.,
2523.0 feet; N. 15°53′ W., 1538.02 feet;
N. 25°48′ W., 265.05 feet; N. 65°36′ W.,
2848.65 feet to the northwest corner of
Tract Two (Note: The Mt. Taylor
Development Company plat dated
December 2, 1968, shows a tie of S.
48°39′ W., 3750.25 feet distance from
the northwest corner of Tract Two to the
Government brass cap marking the
closing corner of Sections 27 and 34,
Township 12 North, Range 7 West, New
Mexico Principal Meridian, on the west
boundary of the Cebolleta Grant. This
brass cap has geographic coordinates, in
NAD 83 (CORS96), of 35°13′55.312″ N.
Latitude and 107°33′51.696 W.
Longitude, as determined by the U.S.
Bureau of Indian Affairs in 2004, using
survey-grade Global Positioning System
units. The above-described 1968 plat
lists no surveyor and was never
recorded in the records of Cibola or
Valencia Counties, but has been
recorded in the records of the U.S.
Bureau of Indian Affairs, Albuquerque
Land Titles and Records Office.); thence
from the northwest corner of Tract Two,
S. 1°15′ W., 5048.84 feet on the west
boundary of Tract Two, crossing Water
Canyon, to a corner of Tract Two, being
identical with the northwest corner of
Lot No. 6 of the Mt. Taylor Development
Company, Water Canyon Stockholders’
Lots, as indicated on the three Mt.
Taylor Development Company plats
dated August 1967, September 1, 1967,
and December 2, 1968 (Note: These
three plats list no surveyor and were
never recorded in the records of Cibola
or Valencia Counties, but have been
recorded in the records of the U.S.
Bureau of Indian Affairs, Albuquerque
Land Titles and Records Office); thence
S. 88°45′ E., 100 feet continuing on a
portion of the west boundary of Tract
Two, being identical with the north
boundary of said Lot No. 6, to a corner
of Tract Two, being identical with the
northeast corner of said Lot No. 6, as
shown on the above-described plat
dated August 1967, which is titled ‘‘Mt.
Taylor Development Company, T. 12 N.,
R. 7 W., N.M.P.M., Water Canyon Stock
Holder’s Lots;’’ thence S. 1°15′ W., 150
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17:11 Feb 07, 2008
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feet on a portion of the west boundary
of Tract Two, being identical with the
east boundary of said Lot No. 6, to a
point on the west boundary of Tract
Two, being identical with the southeast
corner of said Lot No. 6, and also
identical with the northeast corner of
Lot No. 5 of the Mt. Taylor Development
Company, Water Canyon Stockholders’
Lots, as shown on the above-described
plat dated August 1967; thence S. 1°15′
W., 150 feet on a portion of the west
boundary of Tract Two, being identical
with the east boundary of said Lot No.
5, to a corner of Tract Two, being
identical with the southeast corner of
said Lot No. 5, as shown on the abovedescribed plat dated August 1967;
thence N. 88°45′ W., 100 feet continuing
on a portion of the west boundary of
Tract Two, being identical with the
south boundary of said Lot No. 5, to a
corner on the west boundary of Tract
Two, being identical with the southwest
corner of said Lot No. 5, as shown on
the above-described plat dated August
1967; thence S. 1°15′ W., 70.9 feet on
the west boundary of Tract Two, to an
iron pipe, as shown on the Mt. Taylor
Development Company plats dated
August 1967 and September 1, 1967
(Note: Both of these plats show a tie of
N. 41°59′ W., 3956.2 feet distance from
this iron pipe to the previously
described Government brass cap
marking the closing corner of Sections
27 and 34, Township 12 North, Range
7 West, New Mexico Principal
Meridian, on the west boundary of the
Cebolleta Grant. The September 1, 1967
plat also states that this iron pipe is
located approximately 410 feet South of
the Water Canyon Creek.); thence from
said iron pipe, S. 1°15′ W., 4211.72 feet
on the west boundary of Tract Two,
continuing across Water Canyon, to a
point near the east ridge of Timber
Canyon; thence WEST, 2750.01 feet to a
point on the west boundary of the
Cebolleta Grant, being also a point on
the east boundary of surveyed fractional
Section 3 (outside the Grant), Township
11 North, Range 7 West, New Mexico
Principal Meridian; thence on the west
boundary of the Cebolleta Grant, being
identical with the west boundary of
Tract Two, as follows: S. 0°58′ W.,
1043.54 feet to the true point for the 6
Mile Corner (Note: The official U.S.
General Land Office plat and field note
records for Township 11 North, Range 7
West, New Mexico Principal Meridian,
approved May 13, 1935, which describe
the 1930 resurvey of this portion of the
west boundary of the Cebolleta Grant,
indicate that a witness corner,
monumented with an iron post with
brass cap, was established 12 links (7.92
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7583
feet) S. 0°58′ W. from the true point for
the 6 Mile Corner. These records are on
file at the U.S. Bureau of Land
Management, New Mexico State Office,
in Santa Fe, New Mexico.); thence from
the true point for the 6 Mile Corner, S.
0°58′ W., 4871.46 feet to the 7 Mile
Corner; thence S. 5°34′ W., 5184.3 feet
to the 8 Mile Corner; thence S. 4°14′ W.,
2527.4 feet to the southwest corner of
Tract Two and point of beginning; said
Tract Two containing 6,622.03 acres,
more or less. (Note: This total area for
Tract Two includes the formerly
designated Lots No. 1 through 4 and
Lots No. 7 through 15 of the Mt. Taylor
Development Company, Water Canyon
Stockholders’ Lots, as shown on the
above-described plat dated August 1967,
which are totally within and now a part
of Tract Two, making it unnecessary to
describe them herein as separate
parcels.)
The above-described lands contain a
total of 6,883.54 acres, more or less,
which are subject to all valid rights,
reservations, rights-of-way, and
easements of record.
This proclamation does not affect title
to the land described above, nor does it
affect any valid existing easements for
public roads and highways, public
utilities and for railroads and pipelines
and any other rights-of-way or
reservations of record.
Dated: June 19, 2007.
Carl J. Artman,
Assistant Secretary—Indian Affairs.
Editorial Note: This document was
received in the Office of the Federal Register
on February 5, 2008.
[FR Doc. E8–2361 Filed 2–7–08; 8:45 am]
BILLING CODE 4310–W7–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Rate Adjustments for Indian Irrigation
Projects
AGENCY:
Bureau of Indian Affairs,
Interior.
Notice of proposed rate
adjustments.
ACTION:
SUMMARY: The Bureau of Indian Affairs
(BIA) owns, or has an interest in,
irrigation facilities located on various
Indian reservations throughout the
United States. We are required to
establish rates to recover the costs to
administer, operate, maintain, and
rehabilitate those facilities. We request
your comments on the proposed rate
adjustments.
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Interested parties may submit
comments on the proposed rate
adjustments on or before April 8, 2008.
ADDRESSES: All comments on the
proposed rate adjustments must be in
writing and addressed to: John Anevski,
Chief, Division of Irrigation, Power and
Safety of Dams, Office of Trust Services,
Mail Stop 4655–MIB, 1849 C Street,
NW., Washington, DC 20240, Telephone
(202) 208–5480.
FOR FURTHER INFORMATION CONTACT: For
details about a particular irrigation
project, please use the tables in
SUPPLEMENTARY INFORMATION section to
contact the regional or local office
where the project is located.
SUPPLEMENTARY INFORMATION: The tables
in this notice list the irrigation project
contacts where the BIA recovers its
costs for local administration, operation,
maintenance, and rehabilitation, the
current irrigation assessment rates, and
the proposed rates for the 2008
irrigation season and subsequent years
where applicable.
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DATES:
What are some of the terms I should
know for this notice?
The following are terms we use that
may help you understand how we are
applying this notice.
Administrative costs means all costs
we incur to administer our irrigation
projects at the local project level. Local
project level does not normally include
the 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 and to which we
provide irrigation service and recover
our costs. (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 hand
deliver your bill will be stated on it.
Costs mean the costs we incur for
administration, operation, maintenance,
and rehabilitation to provide direct
support or benefit to an irrigation
facility.
Customer means any person or entity
that we provide irrigation service to.
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
interested parties, especially persons or
entities that we provide irrigation
service to and receive beneficial use of
our irrigation projects affected by this
notice and our supporting policies,
manuals, and handbooks.
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Irrigation project means, for the
purposes of this notice, the facility or
portions thereof, that we own, or have
an interest in, including all appurtenant
works, for the delivery, diversion, and
storage of irrigation water to provide
irrigation service to customers for whom
we assess periodic charges to recover
our costs to administer, operate,
maintain, and rehabilitate. These
projects may be referred to as facilities,
systems, or irrigation areas.
Irrigation service means the full range
of services we provide customers of our
irrigation projects, including, but not
limited to, water delivery. This includes
our activities to administer, operate,
maintain, and rehabilitate our projects.
Maintenance costs means all costs we
incur to maintain and repair our
irrigation projects and equipment of our
irrigation projects and is a cost factor
included in calculating your operation
and maintenance (O&M) assessment.
Must means an imperative or
mandatory act or requirement.
Operation and maintenance (O&M)
assessment means the periodic charge
you must pay us to reimburse our costs.
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.
Total assessable acres means the total
acres served by one of our irrigation
projects.
Total O&M cost means the total of all
the allowable and allocatable costs we
incur for administering, operating,
maintaining, and rehabilitating our
irrigation projects serving your farm
unit.
Water means water we deliver at our
projects for the general purpose of
irrigation and other purposes we agree
to in writing.
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.
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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 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 https://
www.gpo.gov.
Why are you publishing this notice?
We are publishing this notice to notify
you that we propose to adjust one or
more of our irrigation assessment rates.
This notice is published in accordance
with the BIA’s regulations governing its
operation and maintenance of irrigation
projects, specifically, 25 CFR 171.1.
These sections provide for the fixing
and announcing of the rates for annual
assessments and related information for
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 Secretary—
Indian 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 2008 irrigation season and
subsequent years where applicable.
How do you calculate irrigation rates?
We calculate irrigation assessment
rates in accordance with 25 CFR 171.1(f)
by estimating the cost of normal
operation and maintenance at each of
our irrigation projects. The cost of
normal operation and maintenance
means the expenses we incur to provide
direct support or benefit for an irrigation
project’s activities for administration,
operation, maintenance, and
rehabilitation. These costs are then
applied as stated in the rate table in this
notice.
What kinds of expenses do you include
in determining the estimated cost of
normal operation and maintenance?
We include the following expenses:
(a) Personnel salary and benefits for
the project engineer/manager and
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project employees under their
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;
(g) Maintenance of a reserve fund
available for contingencies or
emergency costs needed for the reliable
operation of the irrigation project;
(h) Rehabilitation costs; and
(i) Other expenses we determine
necessary to properly perform the
activities and functions characteristic of
an irrigation project.
(a) At a minimum, this information is:
(1) Full legal name of person or entity
responsible for paying the bill;
(2) 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;
(b) It is your responsibility to ensure
we have correct and accurate
information for paragraph (a) of this
section.
(c) If you are late paying your bill due
to your failure to furnish such
information or comply with paragraph
(b) of this section, you cannot appeal
your bill on this basis.
When should I pay my irrigation
assessment?
We will mail or hand deliver your bill
notifying you of the amount you owe to
the United States and 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 no
later than the close of business on the
30th day after the due date stated on the
bill.
What can happen if I do not provide the
information required for billing
purposes?
What information must I provide for
billing purposes?
We must obtain certain information
from you to ensure we can properly
process, bill for, and collect money
owed to the United States. We are
required to collect the taxpayer
identification number or social security
number to properly bill the responsible
party and service the account under the
authority of, and as prescribed in,
Public Law 104–143, the Debt
Collection Improvement Act of 1996.
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Are there any additional charges if I am
late paying my bill?
We can refuse to provide you
irrigation service.
Yes. We will assess you interest on
the amount owed and use 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 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 6 percent per year and it will
accrue from the date your bill initially
became past due. Our authority to assess
interest, penalties, and administration
fees on past due bills is prescribed in 31
CFR 901.9, ‘‘Interest, penalties, and
costs.’’
If I allow my bill to become past due,
could this affect my water delivery?
What else can happen to my past due
bill?
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.
Your bill 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 of
your irrigated land on which the bill is
past due. We can continue to refuse
water delivery until you pay your bill or
make payment arrangements that we
agree to. Our authority to demand
payment of your past due bill is 31 CFR
901.2, ‘‘Demand for Payment.’’
If you do not pay your bill or make
payment arrangements that we agree to,
we are required to send your past due
bill to the Treasury for further action.
We must send your bill to Treasury no
later than 180 days after the original due
date of your irrigation assessment bill.
The requirement for us to send your
unpaid bill to Treasury is prescribed in
31 CFR 901.1, ‘‘Aggressive agency
collection activity.’’
Project name
Who can I contact for further
information?
The following tables are the regional
and project/agency contacts for our
irrigation facilities.
Project/agency contacts
Northwest Region Contacts
Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest Regional Office, 911 N.E. 11th Avenue, Portland, Oregon 97232–4169,
Telephone: (503) 231–6702.
Flathead Irrigation Project ...............
Fort Hall Irrigation Project ...............
Wapato Irrigation Project ................
Debra DuMontier, Acting Superintendent, Flathead Agency Irrigation Division, P.O. Box 40, Pablo, MT
59855–0040, Telephone: (406) 675–2700.
Eric J. LaPointe, Superintendent, Alan Oliver, Supervisory General Engineer, Fort Hall Agency, P.O. Box
220, Fort Hall, ID 83203–0220, Telephone: (208) 238–2301.
Pierce Harrison, Project Administrator, Wapato Irrigation Project, P.O. Box 220, Wapato, WA 98951–0220,
Telephone: (509) 877–3155.
Rocky Mountain Region Contacts
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Ed Parisian, Regional Director, Bureau of Indian Affairs, Rocky Mountain Regional Office, 316 North 26th Street, Billings, Montana 59101,
Telephone: (406) 247–7943.
Blackfeet Irrigation Project ..............
Crow Irrigation Project ....................
Fort Belknap Irrigation Project ........
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17:11 Feb 07, 2008
Stephen Pollock, Superintendent, Ted Hall, Irrigation Project Manager, Box 880, Browning, MT 59417,
Telephones: (406) 338–7544, Superintendent; (406) 338–7519, Irrigation Project Manager.
George Grover, Superintendent, Karl Helvik, Irrigation Project Manager, P.O. Box 69, Crow Agency, MT
59022, Telephones: (406) 638–2672, Superintendent; (406) 638–2863, Irrigation Project Manager.
Judy Gray, Superintendent, Ralph Leo, Irrigation Project Manager, R.R. 1, Box 980, Harlem, MT 59526,
Telephones: (406) 353–2901, Superintendent; (406) 353–2905, Irrigation Project Manager.
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Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Notices
Project name
Project/agency contacts
Fort Peck Irrigation Project .............
Florence White Eagle, Superintendent, P.O. Box 637, Poplar, MT 59255, Richard Kurtz, Irrigation Manager, 602 6th Avenue North, Wolf Point, MT 59201, Telephones: (406) 768–5312, Superintendent; (406)
653–1752, Irrigation Manager .
Ed Lone Flight, Superintendent, Ray Nation, Acting Irrigation Project Manager, P.O. Box 158, Fort
Washakie, WY 82514, Telephones: (307) 332–7810, Superintendent; (307) 332–2596, Irrigation Project
Manager.
Wind River Irrigation Project ...........
Southwest Region Contacts
Larry Morrin, Regional Director, Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School Road, Albuquerque, New Mexico
87104, Telephone: (505) 563–3100.
Pine River Irrigation Project ............
Ross P. Denny, Superintendent, John Formea, Irrigation Engineer, P.O. Box 315, Ignacio, CO 81137–
0315, Telephones: (970) 563–4511, Superintendent; (970) 563–9484, 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,
AZ 85004, Telephone: (602) 379–6600.
Colorado River Irrigation Project ....
Duck Valley Irrigation Project .........
Fort Yuma Irrigation Project ............
San Carlos Irrigation Project Joint
Works.
San Carlos Irrigation Project Indian
Works.
Uintah Irrigation Project ..................
Walker River Irrigation Project ........
Perry Baker, Superintendent, Ted Henry, Irrigation Project Manager, R.R. 1, Box 9–C, Parker, AZ 85344,
Telephone: (928) 669–7111.
Robert Marchio, Acting Superintendent, 1555 Shoshone Circle, Elko, NV 89801, Telephone: (775) 738–
0569.
Vacant, Superintendent, P.O. Box 11000, Yuma, AZ 85366, Telephone: (520) 782–1202.
Carl Christensen, Supervisory General Engineer, P.O. Box 250, Coolidge, AZ 85228, Telephone: (520)
723–6216.
Joe Revak, Supervisory General Engineer, Pima Agency, Land Operations, Box 8, Sacaton, AZ 85247,
Telephone: (520) 562–3372.
Lynn Hansen, Irrigation Manager, P.O. Box 130, Fort Duchesne, UT 84026, Telephone: (435) 722–4341.
Brenda Astor, Acting Superintendent, 311 E. Washington Street, Carson City, NV 89701, Telephone: (775)
887–3500.
What irrigation assessments or charges
are proposed for adjustment by this
notice?
The rate table below contains the
current rates for all of our irrigation
projects where we recover our costs for
operation and maintenance. The table
also contains the proposed rates for the
2008 season and subsequent years
where applicable. An asterisk
Project name
Rate category
immediately following the name of the
project notes the irrigation projects
where rates are proposed for
adjustment.
Final
2007 rate
Proposed
2008 rate
$23.45
10.75
65.00
27.00
25.00
17.00
25.00
35.75
50.00
25.00
5.00
14.00
** $23.45
a 10.75
a 65.00
31.00
27.00
21.00
27.00
39.75
55.50
27.00
5.00
14.00
14.00
14.00
15.00
5.00
14.00
5.00
14.00
5.00
15.00
14.00
14.00
15.00
5.00
55.00
5.00
55.00
5.00
58.00
55.00
55.00
58.00
60.00
60.00
63.00
Proposed 2009 rate
Northwest Region Rate Table
Flathead Irrigation Project (See Note #1) .............................
Fort Hall Irrigation Project * ....................................................
Fort Hall Irrigation Project—Minor Units * ..............................
Fort Hall Irrigation Project—Michaud * ..................................
Wapato Irrigation Project—Toppenish/Simcoe Units * ..........
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Wapato Irrigation Project—Ahtanum Units * ..........................
Wapato Irrigation Project—Satus Unit * .................................
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Basic per acre—A ...........................
Basic per acre—B ...........................
Minimum Charge per tract ..............
Basic per acre .................................
Minimum Charge per tract ..............
Basic per acre .................................
Minimum Charge per tract ..............
Basic per acre .................................
Pressure per acre ...........................
Minimum Charge per tract ..............
Billing Charge per tract ...................
Minimum Charge for farm unit/land
tracts up to one acre.
Farm unit/land tracts over one
acre—per acre.
Billing Charge per tract ...................
Minimum Charge for farm unit/land
tracts up to one acre.
Farm unit/land tracts over one
acre—per acre.
Billing Charge per tract ...................
Minimum Charge for farm unit/land
tracts up to one acre.
‘‘A’’ farm unit/land tracts over one
acre—per acre.
Additional Works farm unit/land
tracts over one acre—per acre.
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$23.45
10.75
65.00
To be determined.
5.00
15.00
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Project name
Final
2007 rate
Rate category
Proposed
2008 rate
65.00
65.00
68.00
67.00
67.00
70.00
‘‘B’’ farm unit/land tracts over one
acre—per acre.
Water Rental Agreement Lands—
per acre.
Project name
Proposed 2009 rate
Final 2007
rate
Rate category
Proposed
2008 rate
Rocky Mountain Region Rate Table
Blackfeet Irrigation Project * ............................................................................
Crow Irrigation Project—Willow * Creek O&M (includes Agency, Lodge
Grass #1, Lodge Grass #2, Reno, Upper Little Horn, and Forty Mile
Units).
Crow Irrigation Project—All * Others (includes Bighorn, Soap Creek, and
Pryor Units).
Crow Irrigation Two Leggins Drainage District ...............................................
Fort Belknap Irrigation Project * ......................................................................
Fort Peck Irrigation Project * ...........................................................................
Wind River Irrigation Project ...........................................................................
Wind River Irrigation Project—LeClair District ................................................
Basic-per acre ....................................
Basic-per acre ....................................
$15.50
19.30
$17.00
20.80
Basic-per acre ....................................
19.00
20.50
Basic-per acre ....................................
Trust Land per acre ...........................
non-Trust Land per acre ....................
Basic-per acre ....................................
Basic-per acre ....................................
Basic-per acre ....................................
2.00
13.88
18.50
20.00
15.00
17.00
2.00
20.00
20.00
22.00
16.00
17.00
50.00
15.00
50.00
15.00
Southwest Region Rate Table
Pine River Irrigation Project ............................................................................
Project name
Minimum Charge per tract .................
Basic-per acre ....................................
Final 2007
rate
Rate category
Proposed
2008 rate
Proposed 2009 rate
Proposed 2010 rate
To be determined ..
To be determined.
To be determined
(See Note #3).
To be determined.
Western Region Rate Table
Colorado River Irrigation Project ...............
San Carlos Irrigation Project * (Joint
Works) (See Note #3).
San Carlos Irrigation Project * (Indian
Works).
Uintah Irrigation Project * (See Note #4) ...
pwalker on PROD1PC71 with NOTICES
Walker River Irrigation Project * (See Note
#5).
$47.00
$47.00
17.00
17.00
5.30
72.00
5.30
77.00
10.50
10.50
30.00
a 21.00
$21.00 b ..................
Basic-per acre .........
77.00
57.00
To be determined ..
Basic-per acre .........
Minimum Bill ............
Indian per acre ........
12.00
25.00
10.00
12.50
25.00
13.00
16.00.
non-Indian per acre
Duck Valley Irrigation Project ....................
Fort Yuma Irrigation Project (See Note
#2).
Basic per acre up to
5.75 acre-feet.
Excess Water per
acre-foot over
5.75 acre-feet.
Basic-per acre .........
Basic-per acre up to
5.0 acre-feet.
Excess Water per
acre-foot over 5.0
acre-feet.
Basic-per acre .........
16.00
16.00
16.00.
* Notes irrigation projects where rates are proposed for adjustment.
a Final 2008 rate.
b Final 2009 rate.
Note #1—The 2008 rate was established by final notice published in the Federal Register on April 20, 2007 (Vol. 72, No. 76, page 19954).
The 2009 rate is to be determined.
Note #2—The 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 FY 2007 BOR rate of $65.00 was used in the development of the proposed 2008 rate; however, the BOR component is subject to change and is provided for informational purposes only. The second component is
for the O&M rate established by the Bureau of Indian Affairs (BIA) to cover administrative costs, including billing and collections for the Project.
Through this notice, it is proposed the BIA component of the rate remain unchanged at $7.00/acre. The BIA rate assessment covers approximately 50 percent of the accounting technician and 40 percent of the Natural Resource Officer at the BIA Fort Yuma Agency.
Note #3—The 2008 and 2009 rate was established by final notice published in the Federal Register on April 20, 2007 (Vol. 72, No. 76, page
19954). The 2010 rate is to be determined. The Arizona Water Settlement Act is expected to be effective December 31, 2007, and this circumstance may affect what the O&M rate should be for the SCIPJW in 2010.
Note #4—The proposed rate for 2008 is subject to change based upon final review of work accomplished under the Approved Annual Operating Plan for the 2007 irrigation season subject to the October 1, 2000 Cooperative Agreement between United States of America Department
of the Interior and the Uintah Indian Irrigation Project Operation and Maintenance Company.
Note #5—The 2008 and 2009 irrigation rates are proposed through this notice.
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7588
Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Notices
Consultation and Coordination With
Tribal Governments (Executive Order
13175)
The BIA irrigation projects are vital
components of the local agriculture
economy of the reservations on which
they are located. To fulfill its
responsibilities to the tribes, tribal
organizations, water user organizations,
and the individual water users, the BIA
communicates, coordinates, and
consults on a continuing basis with
these entities on issues of water
delivery, water availability, costs of
administration, operation, maintenance,
and rehabilitation. This is accomplished
at the individual irrigation projects by
Project, Agency, and Regional
representatives, as appropriate, in
accordance with local protocol and
procedures. This notice is one
component of the BIA’s overall
coordination and consultation process
to provide notice and request comments
from these entities on adjusting our
irrigation rates.
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (Executive Order
13211)
DEPARTMENT OF THE INTERIOR
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.
Bureau of Land Management
Federalism (Executive Order 13132)
The Department has determined that
these rate adjustments do not have
significant Federalism effects because
they pertain solely to Federal-tribal
relations and will not interfere with the
roles, rights, and responsibilities of
states.
Civil Justice Reform (Executive Order
12988)
This notice complies with the
requirements of Executive Order 12988.
Specifically, this notice does not unduly
burden the judicial system and meets
the requirements of sections 3(a) and
3(b)(2) of the Order.
Paperwork Reduction Act of 1995
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 BIA owned 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
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).
pwalker on PROD1PC71 with NOTICES
Takings (Executive Order 12630)
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
1076–0141 and expires August 31, 2009.
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)).
Data Quality Act
In developing this notice, we did not
conduct or use a study, experiment, or
survey requiring peer review under the
Data Quality Act (Pub. L. 106–554).
Dated: January 16, 2008.
Carl J. Artman,
Assistant Secretary—Indian Affairs.
[FR Doc. E8–2304 Filed 2–7–08; 8:45 am]
BILLING CODE 4310–W7–P
Unfunded Mandates Act of 1995
These rate adjustments impose no
unfunded mandates on any
governmental or private entity and are
in compliance with the provisions of the
Unfunded Mandates Act of 1995.
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[MT–070–1990–EX]
Notice of Availability of Draft
Environmental Impact Statement for
the Proposed ‘‘M’’ Pit Mine Expansion
at Montana Tunnels Mine, Jefferson
County, Montana
Bureau of Land Management,
Interior.
ACTION: Notice of availability.
AGENCY:
SUMMARY: In accordance with the
National Environmental Policy Act of
1969 (NEPA, 42 U.S.C. 4321 et seq.) and
the Federal Land Policy and
Management Act of 1976 (FLPMA, 43
U.S.C. 1701 et seq.), a Draft
Environmental Impact Statement (DEIS)
has been prepared for the Montana
Tunnels Mine ‘‘M’’ Pit Mine Expansion
administered by the Bureau of Land
Management’s Butte Field Office (BLM)
and the Montana Department of
Environmental Quality (DEQ).
Operations on public lands are on
mining claims located in accordance
with the General Mining Law of 1872,
as amended (30 U.S.C. 22 et seq.). The
public is invited to review and comment
on the range and adequacy of the draft
alternatives and associated
environmental effects. For comments to
be most helpful, they should relate to
specific concerns or conflicts that are
within the legal responsibilities of the
BLM and DEQ. The DEIS addresses
alternatives associated with Montana
Tunnels Mine ‘‘M’’ Pit Mine Expansion.
DATES: We will accept written
comments on the Draft EIS for 60 days
following the date the Environmental
Protection Agency (EPA) publishes its
Notice of Availability in the Federal
Register. The last day of the written
comment period may be identified at
the Internet address below, after
publication of the EPA Notice of
Availability in the Federal Register. We
will announce future meetings or
hearings and any other public
involvement activities at least 15 days
in advance through public notices,
media new releases, and/or mailings.
The Draft EIS will be posted on the
Montana DEQ Web site https://
www.deq.state.mt.us.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: ghallsten@state.mt.us.
• Mail: Send written comments to
‘‘M’’ Pit Mine Expansion at Montana
Tunnels Mine EIS, Greg Hallsten,
Montana Department of Environmental
Quality, Director’s Office, PO Box
200901, Helena, MT 59620–0901.
E:\FR\FM\08FEN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 27 (Friday, February 8, 2008)]
[Notices]
[Pages 7583-7588]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2304]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Rate Adjustments for Indian Irrigation Projects
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of proposed rate adjustments.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Affairs (BIA) owns, or has an interest
in, irrigation facilities located on various Indian reservations
throughout the United States. We are required to establish rates to
recover the costs to administer, operate, maintain, and rehabilitate
those facilities. We request your comments on the proposed rate
adjustments.
[[Page 7584]]
DATES: Interested parties may submit comments on the proposed rate
adjustments on or before April 8, 2008.
ADDRESSES: All comments on the proposed rate adjustments must be in
writing and addressed to: John Anevski, Chief, Division of Irrigation,
Power and Safety of Dams, Office of Trust Services, Mail Stop 4655-MIB,
1849 C Street, NW., Washington, DC 20240, Telephone (202) 208-5480.
FOR FURTHER INFORMATION CONTACT: For details about a particular
irrigation project, please use the tables in SUPPLEMENTARY INFORMATION
section to contact the regional or local office where the project is
located.
SUPPLEMENTARY INFORMATION: The tables in this notice list the
irrigation project contacts where the BIA recovers its costs for local
administration, operation, maintenance, and rehabilitation, the current
irrigation assessment rates, and the proposed rates for the 2008
irrigation season and subsequent years where applicable.
What are some of the terms I should know for this notice?
The following are terms we use that may help you understand how we
are applying this notice.
Administrative costs means all costs we incur to administer our
irrigation projects at the local project level. Local project level
does not normally include the 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 and to which we provide irrigation service and
recover our costs. (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 hand deliver
your bill will be stated on it.
Costs mean the costs we incur for administration, operation,
maintenance, and rehabilitation to provide direct support or benefit to
an irrigation facility.
Customer means any person or entity that we provide irrigation
service to.
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 interested parties, especially
persons or entities that we provide irrigation service to and receive
beneficial use of our irrigation projects affected by this notice and
our supporting policies, manuals, and handbooks.
Irrigation project means, for the purposes of this notice, the
facility or portions thereof, that we own, or have an interest in,
including all appurtenant works, for the delivery, diversion, and
storage of irrigation water to provide irrigation service to customers
for whom we assess periodic charges to recover our costs to administer,
operate, maintain, and rehabilitate. These projects may be referred to
as facilities, systems, or irrigation areas.
Irrigation service means the full range of services we provide
customers of our irrigation projects, including, but not limited to,
water delivery. This includes our activities to administer, operate,
maintain, and rehabilitate our projects.
Maintenance costs means all costs we incur to maintain and repair
our irrigation projects and equipment of our irrigation projects and is
a cost factor included in calculating your operation and maintenance
(O&M) assessment.
Must means an imperative or mandatory act or requirement.
Operation and maintenance (O&M) assessment means the periodic
charge you must pay us to reimburse our costs.
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.
Total assessable acres means the total acres served by one of our
irrigation projects.
Total O&M cost means the total of all the allowable and allocatable
costs we incur for administering, operating, maintaining, and
rehabilitating our irrigation projects serving your farm unit.
Water means water we deliver at our projects for the general
purpose of irrigation and other purposes we agree to in writing.
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 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 https://www.gpo.gov.
Why are you publishing this notice?
We are publishing this notice to notify you that we propose to
adjust one or more of our irrigation assessment rates. This notice is
published in accordance with the BIA's regulations governing its
operation and maintenance of irrigation projects, specifically, 25 CFR
171.1. These sections provide for the fixing and announcing of the
rates for annual assessments and related information for 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 Secretary--Indian 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 2008
irrigation season and subsequent years where applicable.
How do you calculate irrigation rates?
We calculate irrigation assessment rates in accordance with 25 CFR
171.1(f) by estimating the cost of normal operation and maintenance at
each of our irrigation projects. The cost of normal operation and
maintenance means the expenses we incur to provide direct support or
benefit for an irrigation project's activities for administration,
operation, maintenance, and rehabilitation. These costs are then
applied as stated in the rate table in this notice.
What kinds of expenses do you include in determining the estimated cost
of normal operation and maintenance?
We include the following expenses:
(a) Personnel salary and benefits for the project engineer/manager
and
[[Page 7585]]
project employees under their 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;
(g) Maintenance of a reserve fund available for contingencies or
emergency costs needed for the reliable operation of the irrigation
project;
(h) Rehabilitation costs; and
(i) 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 hand deliver your bill notifying you of the amount
you owe to the United States and 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 no
later than the close of business on the 30th day after the due date
stated on the bill.
What information must I provide for billing purposes?
We must obtain certain information from you to ensure we can
properly process, bill for, and collect money owed to the United
States. We are required to collect the taxpayer identification number
or social security number to properly bill the responsible party and
service the account under the authority of, and as prescribed in,
Public Law 104-143, the Debt Collection Improvement Act of 1996.
(a) At a minimum, this information is:
(1) Full legal name of person or entity responsible for paying the
bill;
(2) 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;
(b) It is your responsibility to ensure we have correct and
accurate information for paragraph (a) of this section.
(c) If you are late paying your bill due to your failure to furnish
such information or comply with paragraph (b) of this section, you
cannot appeal your bill on this basis.
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. Your bill 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 of your irrigated land on which the
bill is past due. We can continue to refuse water delivery until you
pay your bill or make payment arrangements that we agree to. Our
authority to demand payment of your past due bill is 31 CFR 901.2,
``Demand for Payment.''
Are there any additional charges if I am late paying my bill?
Yes. We will assess you interest on the amount owed and use 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 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 6 percent per year and it will
accrue from the date your bill initially became past due. Our authority
to assess interest, penalties, and administration fees on past due
bills is prescribed in 31 CFR 901.9, ``Interest, penalties, and
costs.''
What else can happen to my past due bill?
If you do not pay your bill or make payment arrangements that we
agree to, we are required to send your past due bill to the Treasury
for further action. We must send your bill to Treasury no later than
180 days after the original due date of your irrigation assessment
bill. The requirement for us to send your unpaid bill to Treasury is
prescribed in 31 CFR 901.1, ``Aggressive agency collection activity.''
Who can I contact for further information?
The following tables are the regional and project/agency contacts
for our irrigation facilities.
------------------------------------------------------------------------
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 97232-4169,
Telephone: (503) 231-6702.
------------------------------------------------------------------------
Flathead Irrigation Project....... Debra DuMontier, Acting
Superintendent, Flathead Agency
Irrigation Division, P.O. Box 40,
Pablo, MT 59855-0040, Telephone:
(406) 675-2700.
Fort Hall Irrigation Project...... Eric J. LaPointe, Superintendent,
Alan Oliver, Supervisory General
Engineer, Fort Hall Agency, P.O.
Box 220, Fort Hall, ID 83203-0220,
Telephone: (208) 238-2301.
Wapato Irrigation Project......... Pierce Harrison, Project
Administrator, Wapato Irrigation
Project, P.O. Box 220, Wapato, WA
98951-0220, Telephone: (509) 877-
3155.
------------------------------------------------------------------------
Rocky Mountain Region Contacts
------------------------------------------------------------------------
Ed Parisian, Regional Director, Bureau of Indian Affairs, Rocky Mountain
Regional Office, 316 North 26th Street, Billings, Montana 59101,
Telephone: (406) 247-7943.
------------------------------------------------------------------------
Blackfeet Irrigation Project...... Stephen Pollock, Superintendent, Ted
Hall, Irrigation Project Manager,
Box 880, Browning, MT 59417,
Telephones: (406) 338-7544,
Superintendent; (406) 338-7519,
Irrigation Project Manager.
Crow Irrigation Project........... George Grover, Superintendent, Karl
Helvik, Irrigation Project Manager,
P.O. Box 69, Crow Agency, MT 59022,
Telephones: (406) 638-2672,
Superintendent; (406) 638-2863,
Irrigation Project Manager.
Fort Belknap Irrigation Project... Judy Gray, Superintendent, Ralph
Leo, Irrigation Project Manager,
R.R. 1, Box 980, Harlem, MT 59526,
Telephones: (406) 353-2901,
Superintendent; (406) 353-2905,
Irrigation Project Manager.
[[Page 7586]]
Fort Peck Irrigation Project...... Florence White Eagle,
Superintendent, P.O. Box 637,
Poplar, MT 59255, Richard Kurtz,
Irrigation Manager, 602 6th Avenue
North, Wolf Point, MT 59201,
Telephones: (406) 768-5312,
Superintendent; (406) 653-1752,
Irrigation Manager .
Wind River Irrigation Project..... Ed Lone Flight, Superintendent, Ray
Nation, Acting Irrigation Project
Manager, P.O. Box 158, Fort
Washakie, WY 82514, Telephones:
(307) 332-7810, Superintendent;
(307) 332-2596, Irrigation Project
Manager.
------------------------------------------------------------------------
Southwest Region Contacts
------------------------------------------------------------------------
Larry Morrin, Regional Director, Bureau of Indian Affairs, Southwest
Regional Office, 1001 Indian School Road, Albuquerque, New Mexico 87104,
Telephone: (505) 563-3100.
------------------------------------------------------------------------
Pine River Irrigation Project..... Ross P. Denny, Superintendent, John
Formea, Irrigation Engineer, P.O.
Box 315, Ignacio, CO 81137-0315,
Telephones: (970) 563-4511,
Superintendent; (970) 563-9484,
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, AZ 85004, Telephone: (602) 379-6600.
------------------------------------------------------------------------
Colorado River Irrigation Project. Perry Baker, Superintendent, Ted
Henry, Irrigation Project Manager,
R.R. 1, Box 9-C, Parker, AZ 85344,
Telephone: (928) 669-7111.
Duck Valley Irrigation Project.... Robert Marchio, Acting
Superintendent, 1555 Shoshone
Circle, Elko, NV 89801, Telephone:
(775) 738-0569.
Fort Yuma Irrigation Project...... Vacant, Superintendent, P.O. Box
11000, Yuma, AZ 85366, Telephone:
(520) 782-1202.
San Carlos Irrigation Project Carl Christensen, Supervisory
Joint Works. General Engineer, P.O. Box 250,
Coolidge, AZ 85228, Telephone:
(520) 723-6216.
San Carlos Irrigation Project Joe Revak, Supervisory General
Indian Works. Engineer, Pima Agency, Land
Operations, Box 8, Sacaton, AZ
85247, Telephone: (520) 562-3372.
Uintah Irrigation Project......... Lynn Hansen, Irrigation Manager,
P.O. Box 130, Fort Duchesne, UT
84026, Telephone: (435) 722-4341.
Walker River Irrigation Project... Brenda Astor, Acting Superintendent,
311 E. Washington Street, Carson
City, NV 89701, Telephone: (775)
887-3500.
------------------------------------------------------------------------
What irrigation assessments or charges are proposed for adjustment by
this notice?
The rate table below contains the current rates for all of our
irrigation projects where we recover our costs for operation and
maintenance. The table also contains the proposed rates for the 2008
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.
----------------------------------------------------------------------------------------------------------------
Final Proposed
Project name Rate category 2007 rate 2008 rate Proposed 2009 rate
----------------------------------------------------------------------------------------------------------------
Northwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Flathead Irrigation Project (See Basic per acre--A.... $23.45 ** $23.45 $23.45
Note 1).
Basic per acre--B.... 10.75 \a\ 10.75 10.75
Minimum Charge per 65.00 \a\ 65.00 65.00
tract.
Fort Hall Irrigation Project *..... Basic per acre....... 27.00 31.00 To be determined.
Minimum Charge per 25.00 27.00
tract.
Fort Hall Irrigation Project--Minor Basic per acre....... 17.00 21.00
Units *.
Minimum Charge per 25.00 27.00
tract.
Fort Hall Irrigation Project-- Basic per acre....... 35.75 39.75
Michaud *.
Pressure per acre.... 50.00 55.50
Minimum Charge per 25.00 27.00
tract.
Wapato Irrigation Project-- Billing Charge per 5.00 5.00 5.00
Toppenish/Simcoe Units *. tract.
Minimum Charge for 14.00 14.00 15.00
farm unit/land
tracts up to one
acre.
Farm unit/land tracts 14.00 14.00 15.00
over one acre--per
acre.
Wapato Irrigation Project--Ahtanum Billing Charge per 5.00 5.00 5.00
Units *. tract.
Minimum Charge for 14.00 14.00 15.00
farm unit/land
tracts up to one
acre.
Farm unit/land tracts 14.00 14.00 15.00
over one acre--per
acre.
Wapato Irrigation Project--Satus Billing Charge per 5.00 5.00 5.00
Unit *. tract.
Minimum Charge for 55.00 55.00 58.00
farm unit/land
tracts up to one
acre.
``A'' farm unit/land 55.00 55.00 58.00
tracts over one
acre--per acre.
Additional Works farm 60.00 60.00 63.00
unit/land tracts
over one acre--per
acre.
[[Page 7587]]
``B'' farm unit/land 65.00 65.00 68.00
tracts over one
acre--per acre.
Water Rental 67.00 67.00 70.00
Agreement Lands--per
acre.
----------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------
Final 2007 Proposed
Project name Rate category rate 2008 rate
------------------------------------------------------------------------
Rocky Mountain Region Rate Table
------------------------------------------------------------------------
Blackfeet Irrigation Project Basic-per acre. $15.50 $17.00
*.
Crow Irrigation Project-- Basic-per acre. 19.30 20.80
Willow * Creek O&M (includes
Agency, Lodge Grass 1, Lodge Grass 2,
Reno, Upper Little Horn, and
Forty Mile Units).
Crow Irrigation Project--All Basic-per acre. 19.00 20.50
* Others (includes Bighorn,
Soap Creek, and Pryor Units).
Crow Irrigation Two Leggins Basic-per acre. 2.00 2.00
Drainage District.
Fort Belknap Irrigation Trust Land per 13.88 20.00
Project *. acre.
non-Trust Land 18.50 20.00
per acre.
Fort Peck Irrigation Project Basic-per acre. 20.00 22.00
*.
Wind River Irrigation Project Basic-per acre. 15.00 16.00
Wind River Irrigation Basic-per acre. 17.00 17.00
Project--LeClair District.
------------------------------------------------------------------------
Southwest Region Rate Table
------------------------------------------------------------------------
Pine River Irrigation Project Minimum Charge 50.00 50.00
per tract.
Basic-per acre. 15.00 15.00
------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Final 2007 Proposed 2008
Project name Rate category rate rate Proposed 2009 rate Proposed 2010 rate
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Region Rate Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Colorado River Irrigation Project. Basic per acre up to $47.00 $47.00 To be determined.............. To be determined.
5.75 acre-feet.
Excess Water per acre- 17.00 17.00
foot over 5.75 acre-
feet.
Duck Valley Irrigation Project.... Basic-per acre....... 5.30 5.30
Fort Yuma Irrigation Project (See Basic-per acre up to 72.00 77.00
Note 2). 5.0 acre-feet.
Excess Water per acre- 10.50 10.50
foot over 5.0 acre-
feet.
San Carlos Irrigation Project * Basic-per acre....... 30.00 \a\ 21.00 $21.00 \b\.................... To be determined (See Note
(Joint Works) (See Note 3).
i>3).
San Carlos Irrigation Project * Basic-per acre....... 77.00 57.00 To be determined.............. To be determined.
(Indian Works).
Uintah Irrigation Project * (See Basic-per acre....... 12.00 12.50
Note 4).
Minimum Bill......... 25.00 25.00
Walker River Irrigation Project * Indian per acre...... 10.00 13.00 16.00.........................
(See Note 5).
non-Indian per acre.. 16.00 16.00 16.00.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Notes irrigation projects where rates are proposed for adjustment.
\a\ Final 2008 rate.
\b\ Final 2009 rate.
Note 1--The 2008 rate was established by final notice published in the Federal Register on April 20, 2007 (Vol. 72, No. 76, page 19954). The
2009 rate is to be determined.
Note 2--The 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 FY 2007 BOR rate of $65.00 was used in the development of the proposed 2008 rate;
however, the BOR component is subject to change and is provided for informational purposes only. The second component is for the O&M rate established
by the Bureau of Indian Affairs (BIA) to cover administrative costs, including billing and collections for the Project. Through this notice, it is
proposed the BIA component of the rate remain unchanged at $7.00/acre. The BIA rate assessment covers approximately 50 percent of the accounting
technician and 40 percent of the Natural Resource Officer at the BIA Fort Yuma Agency.
Note 3--The 2008 and 2009 rate was established by final notice published in the Federal Register on April 20, 2007 (Vol. 72, No. 76, page
19954). The 2010 rate is to be determined. The Arizona Water Settlement Act is expected to be effective December 31, 2007, and this circumstance may
affect what the O&M rate should be for the SCIPJW in 2010.
Note 4--The proposed rate for 2008 is subject to change based upon final review of work accomplished under the Approved Annual Operating Plan
for the 2007 irrigation season subject to the October 1, 2000 Cooperative Agreement between United States of America Department of the Interior and
the Uintah Indian Irrigation Project Operation and Maintenance Company.
Note 5--The 2008 and 2009 irrigation rates are proposed through this notice.
[[Page 7588]]
Consultation and Coordination With Tribal Governments (Executive Order
13175)
The BIA irrigation projects are vital components of the local
agriculture economy of the reservations on which they are located. To
fulfill its responsibilities to the tribes, tribal organizations, water
user organizations, and the individual water users, the BIA
communicates, coordinates, and consults on a continuing basis with
these entities on issues of water delivery, water availability, costs
of administration, operation, maintenance, and rehabilitation. This is
accomplished at the individual irrigation projects by Project, Agency,
and Regional representatives, as appropriate, in accordance with local
protocol and procedures. This notice is one component of the BIA's
overall coordination and consultation process to provide notice and
request comments from these entities on adjusting our irrigation 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
BIA owned 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
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).
Unfunded Mandates Act of 1995
These rate adjustments impose no unfunded mandates on any
governmental or private entity and are in compliance with the
provisions of the Unfunded Mandates Act of 1995.
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 pertain solely to
Federal-tribal relations and will not interfere with the roles, rights,
and responsibilities of states.
Civil Justice Reform (Executive Order 12988)
This notice complies with the requirements of Executive Order
12988. Specifically, this notice does not unduly burden the judicial
system and meets the requirements of sections 3(a) and 3(b)(2) of the
Order.
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 1076-0141 and expires August 31,
2009.
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)).
Data Quality Act
In developing this notice, we did not conduct or use a study,
experiment, or survey requiring peer review under the Data Quality Act
(Pub. L. 106-554).
Dated: January 16, 2008.
Carl J. Artman,
Assistant Secretary--Indian Affairs.
[FR Doc. E8-2304 Filed 2-7-08; 8:45 am]
BILLING CODE 4310-W7-P
