Rate Adjustment for Indian Irrigation Project, 19981-19984 [E9-10038]
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Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Rate Adjustment for Indian Irrigation
Project
AGENCY: Bureau of Indian Affairs,
Interior.
ACTION: Notice of proposed rate
adjustment—San Carlos Irrigation
Project—Joint Works, Arizona.
SUMMARY: The Bureau of Indian Affairs
(BIA) owns and operates the San Carlos
Irrigation Project—Joint Works (SCIP–
JW) located with the project office in
Coolidge, Arizona. We are required to
establish irrigation assessment rates to
recover the costs to administer, operate,
maintain, and rehabilitate these
projects. We request your comments on
the proposed rate adjustment for this
project for 2011. This proposed rate has
been be published separately from the
annual rate notice for all BIA’s irrigation
projects because of the BIA’s
implementation efforts related to the
Arizona Water Settlements Act and this
project.
DATES: Interested parties may submit
comments on the proposed rate
adjustment on or before June 1, 2009.
ADDRESSES: All comments on the
proposed rate adjustment 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:
Bryan Bowker, Project Manager, P.O.
Box 250, Coolidge, AZ 85228,
Telephone: (520) 723–6216.
SUPPLEMENTARY INFORMATION: The first
table in this notice provides contact
information for individuals who can
give further information about the
irrigation project covered by this notice.
The second table provides the current
2009 and 2010 irrigation assessment rate
and the proposed rate for the 2011
irrigation season.
What is the meaning of the key terms
used in this notice?
In this notice:
Administrative costs means all costs
we incur to administer the SCIP–JW at
the local project level and is a cost
factor included in calculating your O&M
assessment. Costs incurred at the local
project level do not normally include
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, for which we
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collect assessments in order to recover
costs for the provision of irrigation
service. (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 means the costs we incur for
administration, operation, maintenance,
and rehabilitation to provide direct
support or benefit to the SCIP–JW. (See
administrative costs, operation costs,
maintenance costs, and rehabilitation
costs).
Customer means any person or entity
to which we provide irrigation service.
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
persons or entities that are affected by
this notice.
Irrigation project means the SCIP–JW
or portion thereof for the delivery,
diversion, and storage of irrigation water
that we own or have an interest in,
including all appurtenant works. The
term ‘‘irrigation project’’ is used
interchangeably with irrigation facility,
irrigation system, and irrigation area.
Irrigation service means the full range
of services we provide customers of the
SCIP–JW. This includes our activities to
administer, operate, maintain, and
rehabilitate this project in order to
deliver water.
Maintenance costs means costs we
incur to maintain and repair our
irrigation projects and associated
equipment and is a cost factor included
in calculating your operation and
maintenance (O&M) assessment.
Operation and maintenance (O&M)
assessment means the periodic charge
you must pay us to reimburse costs of
administering, operating, maintaining,
and rehabilitating the SCIP–JW
consistent with this notice and our
supporting policies, manuals, and
handbooks.
Operation or operating costs means
costs we incur to operate the SCIP–JW
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 the SCIP–JW or its
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19981
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.
Responsible party means an
individual or entity that owns or leases
land within the assessable acreage of the
SCIP–JW and is responsible for
providing accurate information to our
billing office and paying a bill for an
annual irrigation rate assessment.
Total assessable acres means the total
acres served by the SCIP–JW.
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
the SCIP–JW or if you have a carriage
agreement with this irrigation project.
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
SCIP–JW, 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 our
irrigation assessment rate. This notice is
published in accordance with the BIA’s
regulations governing its operation and
maintenance of irrigation projects,
found at 25 CFR Part 171. This
regulation provides for the
establishment and publication of the
2011 rate for annual irrigation
assessments as well as related
information about the SCIP–JW.
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 adjustment into
effect for the 2011 irrigation season and
subsequent years where applicable.
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19982
Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices
How do you calculate irrigation rates?
We calculate annual irrigation
assessment rates in accordance with 25
CFR Part 171.500 by estimating the
annual costs of operation and
maintenance at each of our irrigation
projects and then dividing by the total
assessable acres for that particular
irrigation project. The result of this
calculation for the SCIP–JW is stated in
the rate table in this notice.
What kinds of expenses do you
consider in determining the estimated
annual costs of operation and
maintenance?
Consistent with 25 CFR Part 171.500,
these expenses include the following:
(a) Salary and benefits for the project
engineer/manager and project
employees under the project engineer/
manager’s management or control;
(b) Materials and supplies;
(c) Vehicle and equipment repairs;
(d) Equipment costs, including lease
fees;
(e) Depreciation;
(f) Acquisition costs;
(g) Maintenance of a reserve fund
available for contingencies or
emergency costs needed for the reliable
operation of the irrigation facility
infrastructure;
(h) Maintenance of a vehicle and
heavy equipment replacement fund;
(i) Systematic rehabilitation and
replacement of project facilities;
(j) Contingencies for unknown costs
and omitted budget items; and
(k) 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: (a) The amount you
owe to the United States, and (b) 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 by
the due date stated on the bill.
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What information must I provide for
billing purposes?
All responsible parties are required to
provide the following information to the
billing office associated with the SCIP–
JW:
(1) The full legal name of person or
entity responsible for paying the bill;
(2) An 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.
Why are you collecting my taxpayer
identification number or social security
number?
Public Law 104–134, the Debt
Collection Improvement Act of 1996,
requires that we collect the taxpayer
identification number or social security
number before billing a responsible
party and as a condition to servicing the
account.
What happens if I am a responsible
party but I fail to furnish the
information required to the billing
office responsible for the SCIP–JW?
If you are late paying your bill
because of your failure to furnish the
required information listed above, you
will be assessed interest and penalties
as provided below, and your failure to
provide the required information will
not provide grounds for you to appeal
your bill or any penalties assessed.
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.
This past due notice 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.
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We have the right to refuse water
delivery to any irrigated land for which
the bill is past due. We can continue to
refuse water delivery until you pay your
bill or make payment arrangements to
which we agree. We follow the
procedures provided in 31 CFR 901.2,
‘‘Demand for Payment,’’ when
demanding payment of your past due
bill.
Are there any additional charges if I am
late paying my bill?
Yes. We will assess you interest on
the amount owed, using 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 original 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 six percent (6%) per
year, which will accrue from the date
your bill initially became past due. As
a Federal agency, we are required to
charge interest, penalties, and
administrative costs on debts owed to us
pursuant to 31 U.S.C. 3717 and 31 CFR
901.9, ‘‘Interest, penalties, and
administrative costs.’’
What else will happen to my past due
bill?
If you do not pay your bill or make
payment arrangements to which we
agree, we are required to send your past
due bill to the Treasury for further
action. Under the provisions of 31 CFR
901.1, ‘‘Aggressive agency collection
activity,’’ we must send any unpaid
annual irrigation assessment bill to
Treasury no later than 180 days after the
original due date of the bill.
Who can I contact for further
information?
The following table contains the
regional and project/agency contacts for
the SCIP–JW.
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Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices
19983
WESTERN REGION CONTACTS
Allen Anspach, Regional Director
Bureau of Indian Affairs, Western Regional Office
Two Arizona Center
400 N. 5th Street, 12th floor
Phoenix, Arizona 85004
Telephone: (602) 379–6600
Project name
Project/agency contacts
San Carlos Irrigation Project Joint Works ................................................
Bryan Bowker, Project Manager, P.O. Box 250, Coolidge, AZ 85228,
Telephone: (520) 723–6216.
What irrigation assessment or charge is
proposed for adjustment by this notice?
The rate table below contains the
current rate for SCIP–JW where we
recover costs of administering,
operating, maintaining, and
rehabilitating them. The table also
contains the proposed rate for the 2011
season.
WESTERN REGION RATE TABLE
Project name
Rate category
Final 2009
rate
Final 2010
rate
Proposed
2011 rate
San Carlos Irrigation Project (Joint Works) ....
(See Note #1)
Basic per acre ................................................
$21.00
$21.00
$30.00
Note #1—The 2010 rate was established by final notice published in the Federal Register on April 22, 2009 (Vol. 74, No. 76, page 18402).
Consultation and Coordination With
Tribal Governments (Executive Order
13175)
To fulfill its consultation
responsibility to tribes and tribal
organizations, BIA communicates,
coordinates, and consults on a
continuing basis with these entities on
issues of water delivery, water
availability, and costs of administration,
operation, maintenance, and
rehabilitation of projects that concern
them. This is accomplished at the
individual irrigation project by Project,
Agency, and Regional representatives,
as appropriate, in accordance with local
protocol and procedures. This notice is
one component of our overall
coordination and consultation process
to provide notice to, and request
comments from, these entities when we
adjust irrigation assessment rates.
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (Executive Order
13211)
This rate adjustment will have no
adverse effects on energy supply,
distribution, or use (including a
shortfall in supply, price increases, and
increased use of foreign supplies)
should the proposed rate adjustment be
implemented. This is a notice for rate
adjustment at a BIA-owned and
operated irrigation project.
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Jkt 217001
Regulatory Planning and Review
(Executive Order 12866)
This rate adjustment is not a
significant regulatory action and does
not need to be reviewed by the Office
of Management and Budget under
Executive Order 12866.
Regulatory Flexibility Act
This rate adjustment is not a rule for
the purposes of the Regulatory
Flexibility Act because it establishes ‘‘a
rule of particular applicability relating
to rates.’’ 5 U.S.C. 601(2).
Unfunded Mandates Reform Act of
1995
This rate adjustment does not impose
an unfunded mandate on State, local, or
tribal governments in the aggregate, or
on the private sector, of more than $130
million per year. The rule does not have
a significant or unique effect on State,
local, or tribal governments or the
private sector. Therefore, the
Department is not required to prepare a
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.).
Takings (Executive Order 12630)
The Department has determined that
rate adjustments do not have significant
‘‘takings’’ implications. This rate
adjustment does not deprive the public,
State, or local governments of rights or
property.
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Federalism (Executive Order 13132)
The Department has determined that
rate adjustments do not have significant
Federalism effects because they will not
affect the States, the relationship
between the national government and
the States, or the distribution of power
and responsibilities among various
levels of government.
Civil Justice Reform (Executive Order
12988)
In issuing this rule, the Department
has taken the necessary steps to
eliminate drafting errors and ambiguity,
minimize potential litigation, and
provide a clear legal standard for
affected conduct, as required by section
3 of Executive Order 12988.
Paperwork Reduction Act of 1995
This rate adjustment does 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
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 (42
U.S.C. 4321–4370(d)).
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Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices
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. No. 106–554).
Dated: April 27, 2009.
George T. Skibine,
Deputy Assistant Secretary for Policy and
Economic Development, Office of the
Assistant Secretary—Indian Affairs.
[FR Doc. E9–10038 Filed 4–29–09; 8:45 am]
BILLING CODE 4310–W7–P
DEPARTMENT OF JUSTICE
Notice of Public Comment Period for
Proposed Consent Decree Under the
Clean Air Act
Under 28 CFR 50.7, notice is hereby
given that, for a period of 30 days, the
United States will receive public
comments on a proposed Consent
Decree in United States v. Miller, Dyer
& Co., L.LC., Chicago Energy Associates,
and Whiting Oil and Gas Corp., (civ. no.
2:09–cv–00332–DAK), which was
lodged with the United States District
Court for Utah on April 17, 2009.
This proposed Consent Decree was
lodged simultaneously with the
Complaint in this matter pursuant to
Section 112 of the Clean Air Act, 42
U.S.C. 7412, to resolve alleged
violations at the defendants’ compressor
stations on Indian Lands, in the Uinta
Basin, Utah. Under the settlement, the
defendants will install air pollution
controls on all existing and newly
constructed compressor stations in the
Uinta Basin. In addition, the defendants
will pay a civil penalty of $142,000
under the Decree.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
comments relating to the Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. Miller, Dyer & Co., L.LC.,
Chicago Energy Associates, and Whiting
Oil and Gas Corp., D.J. Ref. 90–5–2–1–
09383.
During the public comment period,
the Decree may be examined on the
following Department of Justice Web
site, https://www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Decree may also be obtained by mail
from the Consent Decree Library, P.O.
Box 7611, U.S. Department of Justice,
VerDate Nov<24>2008
15:35 Apr 29, 2009
Jkt 217001
Washington, DC 20044–7611 or by
faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please enclose a check
in the amount of $23.00 (25 cents per
page reproduction cost) payable to the
U.S. Treasury or, if by e-mail or fax,
forward a check in that amount to the
Consent Decree Library at the stated
address.
Maureen Katz,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. E9–9918 Filed 4–29–09; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Public Comment Period for
Proposed Consent Decree Under the
Clean Air Act
Under 28 CFR 50.7, notice is hereby
given that, for a period of 30 days, the
United States will receive public
comments on a proposed Consent
Decree in United States v. Wind River
Resources Corp., & Bill Barrett Corp.,
(civ. no. 2:09–cv–00330–PMW), which
was lodged with the United States
District Court for the district of Utah on
April 17, 2009. This proposed Consent
Decree was lodged simultaneously with
the Complaint in this matter. The
Complaint alleges that the Companies
installed major emitting sources of
volatile organic compounds (‘‘VOCs’’),
and hazardous air pollutants (‘‘HAPs’’),
but failed to comply with the Prevention
of Significant Deterioration (‘‘PSD’’)
requirements set forth at 42 U.S.C.
7470–7492, and the National Emission
Standards for Hazardous Air Pollutants
(‘‘NESHAP’’), Section 112 of the CAA,
42 U.S.C. 7412, at the defendants’
compressor stations on Indian Lands, in
the Uinta Basin, Utah. Under the
settlement, the defendants will install
air pollution controls on all existing and
newly constructed compressor stations
in the Uinta Basin. In addition, the
defendants will pay civil penalties in
the amount of $240,000, and perform
Supplemental Environmental Projects
valued at $200,000.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
comments relating to the Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. Wind River Resources Corp., &
Bill Barrett Corp., D.J. Ref. 90–5–2–1–
09048.
During the public comment period,
the Decree may be examined on the
following Department of Justice Web
site, https://www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Decree may also be obtained by mail
from the Consent Decree Library, P.O.
Box 7611, U.S. Department of Justice,
Washington, DC 20044–7611 or by
faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please enclose a check
in the amount of $33.50 (25 cents per
page reproduction cost) payable to the
U.S. Treasury or, if by e-mail or fax,
forward a check in that amount to the
Consent Decree Library at the stated
address.
Maureen Katz,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. E9–9920 Filed 4–29–09; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Public Comment Period for
Proposed Consent Decree Under the
Clean Air Act
Under 28 CFR 50.7, notice is hereby
given that, for a period of 30 days, the
United States will receive public
comments on a proposed Consent
Decree in United States v. Dominion
Exploration & Production, INC., and
XTO Energy, (civ. no. 2:09–cv–00331–
SA), which was lodged with the United
States District Court for the district of
Utah on April 17, 2009. This proposed
Consent Decree was lodged
simultaneously with the Complaint in
this matter pursuant to Section 112 of
the Clean Air Act, 42 U.S.C. 7412, to
resolve alleged violations at the
defendants’ compressor stations on
Indian Lands, in the Uinta Basin, Utah.
Under the settlement, the defendants
will install air pollution controls on all
existing and newly constructed
compressor stations in the Uinta Basin.
In addition, the defendants will pay a
civil penalty of $250,000 under the
Decree.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
comments relating to the Decree.
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Agencies
[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Notices]
[Pages 19981-19984]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10038]
[[Page 19981]]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Rate Adjustment for Indian Irrigation Project
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of proposed rate adjustment--San Carlos Irrigation
Project--Joint Works, Arizona.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Affairs (BIA) owns and operates the San
Carlos Irrigation Project--Joint Works (SCIP-JW) located with the
project office in Coolidge, Arizona. We are required to establish
irrigation assessment rates to recover the costs to administer,
operate, maintain, and rehabilitate these projects. We request your
comments on the proposed rate adjustment for this project for 2011.
This proposed rate has been be published separately from the annual
rate notice for all BIA's irrigation projects because of the BIA's
implementation efforts related to the Arizona Water Settlements Act and
this project.
DATES: Interested parties may submit comments on the proposed rate
adjustment on or before June 1, 2009.
ADDRESSES: All comments on the proposed rate adjustment 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: Bryan Bowker, Project Manager, P.O.
Box 250, Coolidge, AZ 85228, Telephone: (520) 723-6216.
SUPPLEMENTARY INFORMATION: The first table in this notice provides
contact information for individuals who can give further information
about the irrigation project covered by this notice. The second table
provides the current 2009 and 2010 irrigation assessment rate and the
proposed rate for the 2011 irrigation season.
What is the meaning of the key terms used in this notice?
In this notice:
Administrative costs means all costs we incur to administer the
SCIP-JW at the local project level and is a cost factor included in
calculating your O&M assessment. Costs incurred at the local project
level do not normally include 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, for which we collect assessments in order to
recover costs for the provision of irrigation service. (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 means the costs we incur for administration, operation,
maintenance, and rehabilitation to provide direct support or benefit to
the SCIP-JW. (See administrative costs, operation costs, maintenance
costs, and rehabilitation costs).
Customer means any person or entity to which we provide irrigation
service.
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 persons or entities that are
affected by this notice.
Irrigation project means the SCIP-JW or portion thereof for the
delivery, diversion, and storage of irrigation water that we own or
have an interest in, including all appurtenant works. The term
``irrigation project'' is used interchangeably with irrigation
facility, irrigation system, and irrigation area.
Irrigation service means the full range of services we provide
customers of the SCIP-JW. This includes our activities to administer,
operate, maintain, and rehabilitate this project in order to deliver
water.
Maintenance costs means costs we incur to maintain and repair our
irrigation projects and associated equipment and is a cost factor
included in calculating your operation and maintenance (O&M)
assessment.
Operation and maintenance (O&M) assessment means the periodic
charge you must pay us to reimburse costs of administering, operating,
maintaining, and rehabilitating the SCIP-JW consistent with this notice
and our supporting policies, manuals, and handbooks.
Operation or operating costs means costs we incur to operate the
SCIP-JW 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 the SCIP-JW or
its 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.
Responsible party means an individual or entity that owns or leases
land within the assessable acreage of the SCIP-JW and is responsible
for providing accurate information to our billing office and paying a
bill for an annual irrigation rate assessment.
Total assessable acres means the total acres served by the SCIP-JW.
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 the SCIP-JW or if you have a carriage agreement with
this irrigation project.
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 SCIP-JW, 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 our irrigation assessment rate. This notice is published in
accordance with the BIA's regulations governing its operation and
maintenance of irrigation projects, found at 25 CFR Part 171. This
regulation provides for the establishment and publication of the 2011
rate for annual irrigation assessments as well as related information
about the SCIP-JW.
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 adjustment into effect for the 2011 irrigation
season and subsequent years where applicable.
[[Page 19982]]
How do you calculate irrigation rates?
We calculate annual irrigation assessment rates in accordance with
25 CFR Part 171.500 by estimating the annual costs of operation and
maintenance at each of our irrigation projects and then dividing by the
total assessable acres for that particular irrigation project. The
result of this calculation for the SCIP-JW is stated in the rate table
in this notice.
What kinds of expenses do you consider in determining the estimated
annual costs of operation and maintenance?
Consistent with 25 CFR Part 171.500, these expenses include the
following:
(a) Salary and benefits for the project engineer/manager and
project employees under the project engineer/manager's management or
control;
(b) Materials and supplies;
(c) Vehicle and equipment repairs;
(d) Equipment costs, including lease fees;
(e) Depreciation;
(f) Acquisition costs;
(g) Maintenance of a reserve fund available for contingencies or
emergency costs needed for the reliable operation of the irrigation
facility infrastructure;
(h) Maintenance of a vehicle and heavy equipment replacement fund;
(i) Systematic rehabilitation and replacement of project
facilities;
(j) Contingencies for unknown costs and omitted budget items; and
(k) 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: (a) The
amount you owe to the United States, and (b) 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
by the due date stated on the bill.
What information must I provide for billing purposes?
All responsible parties are required to provide the following
information to the billing office associated with the SCIP-JW:
(1) The full legal name of person or entity responsible for paying
the bill;
(2) An 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.
Why are you collecting my taxpayer identification number or social
security number?
Public Law 104-134, the Debt Collection Improvement Act of 1996,
requires that we collect the taxpayer identification number or social
security number before billing a responsible party and as a condition
to servicing the account.
What happens if I am a responsible party but I fail to furnish the
information required to the billing office responsible for the SCIP-JW?
If you are late paying your bill because of your failure to furnish
the required information listed above, you will be assessed interest
and penalties as provided below, and your failure to provide the
required information will not provide grounds for you to appeal your
bill or any penalties assessed.
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. This past due notice 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 irrigated land for which
the bill is past due. We can continue to refuse water delivery until
you pay your bill or make payment arrangements to which we agree. We
follow the procedures provided in 31 CFR 901.2, ``Demand for Payment,''
when demanding payment of your past due bill.
Are there any additional charges if I am late paying my bill?
Yes. We will assess you interest on the amount owed, using 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 original 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 six percent (6%) per
year, which will accrue from the date your bill initially became past
due. As a Federal agency, we are required to charge interest,
penalties, and administrative costs on debts owed to us pursuant to 31
U.S.C. 3717 and 31 CFR 901.9, ``Interest, penalties, and administrative
costs.''
What else will happen to my past due bill?
If you do not pay your bill or make payment arrangements to which
we agree, we are required to send your past due bill to the Treasury
for further action. Under the provisions of 31 CFR 901.1, ``Aggressive
agency collection activity,'' we must send any unpaid annual irrigation
assessment bill to Treasury no later than 180 days after the original
due date of the bill.
Who can I contact for further information?
The following table contains the regional and project/agency
contacts for the SCIP-JW.
[[Page 19983]]
Western Region Contacts
------------------------------------------------------------------------
------------------------------------------------------------------------
Allen Anspach, Regional Director
Bureau of Indian Affairs, Western Regional Office
Two Arizona Center
400 N. 5th Street, 12th floor
Phoenix, Arizona 85004
Telephone: (602) 379-6600
------------------------------------------------------------------------
Project name Project/agency contacts
------------------------------------------------------------------------
San Carlos Irrigation Project Joint Bryan Bowker, Project Manager,
Works. P.O. Box 250, Coolidge, AZ
85228, Telephone: (520) 723-
6216.
------------------------------------------------------------------------
What irrigation assessment or charge is proposed for adjustment by this
notice?
The rate table below contains the current rate for SCIP-JW where we
recover costs of administering, operating, maintaining, and
rehabilitating them. The table also contains the proposed rate for the
2011 season.
Western Region Rate Table
----------------------------------------------------------------------------------------------------------------
Proposed 2011
Project name Rate category Final 2009 rate Final 2010 rate rate
----------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project (Joint Basic per acre......... $21.00 $21.00 $30.00
Works).
(See Note 1)
----------------------------------------------------------------------------------------------------------------
Note 1--The 2010 rate was established by final notice published in the Federal Register on April 22,
2009 (Vol. 74, No. 76, page 18402).
Consultation and Coordination With Tribal Governments (Executive Order
13175)
To fulfill its consultation responsibility to tribes and tribal
organizations, BIA communicates, coordinates, and consults on a
continuing basis with these entities on issues of water delivery, water
availability, and costs of administration, operation, maintenance, and
rehabilitation of projects that concern them. This is accomplished at
the individual irrigation project by Project, Agency, and Regional
representatives, as appropriate, in accordance with local protocol and
procedures. This notice is one component of our overall coordination
and consultation process to provide notice to, and request comments
from, these entities when we adjust irrigation assessment rates.
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (Executive Order 13211)
This rate adjustment will have no adverse effects on energy supply,
distribution, or use (including a shortfall in supply, price increases,
and increased use of foreign supplies) should the proposed rate
adjustment be implemented. This is a notice for rate adjustment at a
BIA-owned and operated irrigation project.
Regulatory Planning and Review (Executive Order 12866)
This rate adjustment is not a significant regulatory action and
does not need to be reviewed by the Office of Management and Budget
under Executive Order 12866.
Regulatory Flexibility Act
This rate adjustment is not a rule for the purposes of the
Regulatory Flexibility Act because it establishes ``a rule of
particular applicability relating to rates.'' 5 U.S.C. 601(2).
Unfunded Mandates Reform Act of 1995
This rate adjustment does not impose an unfunded mandate on State,
local, or tribal governments in the aggregate, or on the private
sector, of more than $130 million per year. The rule does not have a
significant or unique effect on State, local, or tribal governments or
the private sector. Therefore, the Department is not required to
prepare a statement containing the information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et seq.).
Takings (Executive Order 12630)
The Department has determined that rate adjustments do not have
significant ``takings'' implications. This rate adjustment does not
deprive the public, State, or local governments of rights or property.
Federalism (Executive Order 13132)
The Department has determined that rate adjustments do not have
significant Federalism effects because they will not affect the States,
the relationship between the national government and the States, or the
distribution of power and responsibilities among various levels of
government.
Civil Justice Reform (Executive Order 12988)
In issuing this rule, the Department has taken the necessary steps
to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct, as
required by section 3 of Executive Order 12988.
Paperwork Reduction Act of 1995
This rate adjustment does 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 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 (42 U.S.C. 4321-
4370(d)).
[[Page 19984]]
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. No. 106-554).
Dated: April 27, 2009.
George T. Skibine,
Deputy Assistant Secretary for Policy and Economic Development, Office
of the Assistant Secretary--Indian Affairs.
[FR Doc. E9-10038 Filed 4-29-09; 8:45 am]
BILLING CODE 4310-W7-P