Rate Adjustments for Indian Irrigation Projects, 54846-54850 [E9-25540]

Download as PDF 54846 Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices Johnson County Vaught, Dr. Wiley Wagner, Office, W.W. Vaught Ln., S. of Dug Hill Rd., Mountain City, 09000950 Smith County Hull, Cordell, Bridge, Cordell Hull Bridge St. over the Cumberland River, Carthage, 09000951 WISCONSIN Door County GREEN BAY shipwreck (sloop) (Great Lakes Shipwreck Sites of Wisconsin MPS) Address Restricted, Sevastopol, 09000952 Request for REMOVAL has been made for the following resource: SOUTH DAKOTA Moody County Ward Hall, Main St., Ward, 01001223 [FR Doc. E9–25561 Filed 10–22–09; 8:45 am] BILLING CODE P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Rate Adjustments for Indian Irrigation Projects CPrice-Sewell on DSKGBLS3C1PROD with NOTICES 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 projects located on or associated with various Indian reservations throughout the United States. 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 adjustments. DATES: Interested parties may submit comments on the proposed rate adjustments on or before December 22, 2009. 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 the SUPPLEMENTARY INFORMATION section to contact the regional or local office where the project is located. SUPPLEMENTARY INFORMATION: The first table in this notice provides contact information for individuals who can VerDate Nov<24>2008 15:24 Oct 22, 2009 Jkt 220001 give further information about the irrigation projects covered by this notice. The second table provides the current 2009 irrigation assessment rates, the proposed rates for the 2010 irrigation season, and proposed rates for subsequent years where these are available. What is the meaning of the key terms used in this notice? In this notice: Administrative costs means all costs we incur to administer our irrigation projects 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 an irrigation facility. (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 a facility 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 our irrigation projects. This includes our activities to administer, operate, maintain, and rehabilitate our projects in order to deliver water. Maintenance costs means costs we incur to maintain and repair our irrigation projects and associated PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 equipment and is a cost factor included in calculating your 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 irrigation projects consistent with this notice and our supporting policies, manuals, and handbooks. 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. Responsible party means an individual or entity that owns or leases land within the assessable acreage of one of our irrigation projects 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 one of our irrigation projects. 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 if 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 http:// www.gpo.gov. Why are you publishing this notice? We are publishing this notice to notify you that we propose to adjust our E:\FR\FM\23OCN1.SGM 23OCN1 Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices irrigation assessment rates. 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 rates for annual irrigation assessments as well as related information about 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 2010 irrigation season and subsequent years where applicable. 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 each project is stated in the rate table in this notice. CPrice-Sewell on DSKGBLS3C1PROD with NOTICES 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 VerDate Nov<24>2008 15:24 Oct 22, 2009 Jkt 220001 (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 irrigation project where you own or lease land within the project’s assessable acreage or to the billing office associated with the irrigation project with which you have a carriage agreement: (1) The full legal name of the 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 irrigation project within which I own or lease assessable land or for which I have a carriage agreement? 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. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 54847 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 tables are the regional and project/agency contacts for our irrigation facilities. E:\FR\FM\23OCN1.SGM 23OCN1 54848 Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices 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 .................................................. Fort Hall .............................................................. Irrigation Project .................................................. Wapato ................................................................ Irrigation Project .................................................. Chuck Courville, Superintendent, Flathead Agency Irrigation Division, P.O. Box 40, Pablo, MT 59855–0040, Telephone: (406) 675–2700. Eric J. LaPointe, Superintendent, Dean Fox, Deputy Superintendent, 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 Darryl LaCounte, Acting 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 ............................ Fort Peck ............................................................ Irrigation Project .................................................. Wind River .......................................................... 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. Judy Gray, Superintendent, Vacant, Irrigation Project Manager, P.O. Box 69, Crow Agency, MT 59022, Telephones: (406) 638–2672, Superintendent, (406) 638–2863, Irrigation Project Manager. Jim Montes, Acting Superintendent, Vacant, Irrigation Project Manager, (Project operations & management contracted tribes), R.R.1, Box 980, Harlem, MT 59526, Telephones: (406) 353–2901, Superintendent, (406) 353–2905, Irrigation Project Manager. 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 Fight, Superintendent, Sheridan Nicholas, Irrigation Project Engineer, P.O. Box 158, Fort Washakie, WY 82514, Telephones: (307) 332–7810, Superintendent, (307) 332–2596, Irrigation Project Manager. Southwest Region Contacts William T. Walker, Acting 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 .................................................. John Waconda, 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, Arizona 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 ........ CPrice-Sewell on DSKGBLS3C1PROD with NOTICES Uintah .................................................................. Irrigation Project .................................................. Walker River Irrigation Project ............................ What irrigation assessments or charges are proposed for adjustment by this notice? The rate table below contains the current rates for all irrigation projects VerDate Nov<24>2008 15:24 Oct 22, 2009 Jkt 220001 Janice Staudte, Superintendent, Ted Henry, Irrigation Project Manager, 12124 1st Avenue, Parker, AZ 85344, Telephone: (928) 669–7111. Joseph McDade, Superintendent, 1555 Shoshone Circle, Elko, NV 89801, Telephone: (775) 738–0569. Vacant, Superintendent, P.O. Box 11000, Yuma, AZ 85366, Telephone: (520) 782–1202. Bryan Bowker, Project Manager, Clarence Begay, Irrigation Manager, P.O. Box 250, Coolidge, AZ 85228, Telephone: (520) 723–6203. Cecilia Martinez, Superintendent, Joe Revak, Supervisory General Engineer, Pima Agency, Land Operations, P.O. Box 8, Sacaton, AZ 85247, Telephone: (520) 562–3326, Telephone: (520) 562–3372. Daniel Picard, Superintendent, Dale Thomas, Irrigation Manager, P.O. Box 130, Fort Duchesne, UT 84026, Telephone: (435) 722–4300, Telephone: (435) 722–4341. Athena Brown, Superintendent, 311 E. Washington Street, Carson City, NV 89701, Telephone: (775) 887–3500. where we recover costs of administering, operating, maintaining, and rehabilitating them. The table also contains the proposed rates for the 2010 season and subsequent years where PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 applicable. An asterisk immediately following the name of the project notes the irrigation projects where rates are proposed for adjustment. E:\FR\FM\23OCN1.SGM 23OCN1 54849 Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices Project name Final 2009 rate Rate category Proposed 2010 rate Proposed 2011 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 Units. Irrigation Project—Toppenish/Simcoe Wapato Irrigation Project—Ahtanum Units ........... Wapato Irrigation Project—Satus Unit * ................ Wapato Irrigation Project—Additional Works * ..... Wapato Irrigation Project—Water Rental * ........... 1 To 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 ................................... Minimum Charge for per tract .............................. $23.45 10.75 65.00 40.50 30.00 21.00 30.00 41.50 58.00 30.00 15.00 $23.45 11.75 65.00 40.50 30.00 21.00 30.00 41.50 58.00 30.00 15.00 Basic per acre ...................................................... Minimum Charge per tract ................................... Basic per acre ...................................................... Minimum Charge for per tract .............................. ‘‘A’’ Basic per acre ............................................... ‘‘B’’ Basic per acre ............................................... Minimum Charge per tract ................................... Basic per acre ...................................................... Minimum Charge .................................................. Basic per acre ...................................................... 15.00 15.00 15.00 58.00 58.00 68.00 63.00 63.00 70.00 70.00 $25.45 12.75 65.00 (1) 15.00 15.00 15.00 60.00 60.00 70.00 65.00 65.00 72.00 72.00 be determined. Project name Final 2009 rate Rate category Proposed 2010 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 * ................................ Wind River Irrigation Project—CrowHeart Unit * .............................. Basic-per acre .................................................. Basic-per acre .................................................. $18.00 20.80 $19.00 22.80 Basic-per acre .................................................. 20.50 22.50 Basic-per Basic-per Basic-per Basic-per Basic-per Basic-per 2.00 14.75 24.00 18.00 19.00 18.00 2.00 14.75 24.70 20.00 27.00 14.00 Minimum Charge per tract ............................... $50.00 $50.00 Basic-per acre .................................................. 15.00 15.00 acre acre acre acre acre acre .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. Southwest Region Rate Table Pine River Irrigation Project .............................................................. Project name Final 2009 rate Rate category Proposed 2010 rate Proposed 2011 rate Western Region Rate Table Colorado River Irrigation Project * (see Note #3) CPrice-Sewell on DSKGBLS3C1PROD with NOTICES Duck Valley Irrigation Project ............................... Fort Yuma Irrigation Project * (See Note #2) ....... San Carlos Irrigation Project (Joint Works) (See Note #1). San Carlos Irrigation Project (Indian Works) ........ Uintah Irrigation Project ........................................ Walker River Irrigation Project * (See Note #3) .... 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 up to 5.0 acre-feet (Ranch 5) ...... Basic per acre ...................................................... $51.00 17.00 5.30 77.00 14.00 77.00 21.00 $52.50 17.00 5.30 77.00 14.00 77.00 21.00 $54.00 (1) Basic per acre ...................................................... Basic per acre ...................................................... Minimum Bill ......................................................... Indian per acre ..................................................... Non-Indian per acre ............................................. 57.00 15.00 25.00 16.00 16.00 57.00 15.00 25.00 19.00 19.00 (1) 25.00 22.00 22.00 * Notes irrigation projects where rates are proposed for adjustment. Note #1—The 2010 rate was established by final notice published in the Federal Register on April 22, 2009 (Vol. 74, No. 76, page 18398). The 2011 rate is to be determined. VerDate Nov<24>2008 17:26 Oct 22, 2009 Jkt 220001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\23OCN1.SGM 23OCN1 54850 Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices 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 BOR rate for 2010 is yet to be determined. The second component is for the O&M rate established by BIA to cover administrative costs including billing and collections for the Project. The 2010 BIA rate remains unchanged at $7.00/acre. The rates shown include the 2009 Reclamation rate and the 2010 BIA rate. Note #3—The 2010 and 2011 rates were established by final notice published in the Federal Register on April 22, 2009 (Vol. 74, No. 76, page 18398). 1 To be determined. 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) 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. CPrice-Sewell on DSKGBLS3C1PROD with NOTICES Regulatory Flexibility Act These rate adjustments are not a rule for the purposes of the Regulatory Flexibility Act because they establish ‘‘a rule of particular applicability relating to rates.’’ 5 U.S.C. 601(2). Unfunded Mandates Reform Act of 1995 These rate adjustments do not impose an unfunded mandate on State, local, or VerDate Nov<24>2008 15:24 Oct 22, 2009 Jkt 220001 tribal governments in the aggregate, or on the private sector, of more than $130 million per year. The rate adjustments do 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 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 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 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 expired August 31, 2009; a request for renewal is pending with OMB. See 74 FR 44867 for more information on the renewal. 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 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 Environmental Policy Act of 1969 (42 U.S.C. 4321–4370(d)). Information Quality Act In developing this notice, we did not conduct or use a study, experiment, or survey requiring peer review under the Information Quality Act (Pub. L. 106– 554). Dated: October 7, 2009. Larry Echo Hawk, Assistant Secretary—Indian Affairs. [FR Doc. E9–25540 Filed 10–22–09; 8:45 am] BILLING CODE 4310–W7–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act Notice is hereby given that on October 19, 2009, a proposed Consent Decree in United States v. BASF Corporation, Civil Action No. 1:09 CV 0914, was lodged with the United States District Court for the Eastern District of Texas. In this action, the United States sought injunctive relief and civil penalties for violations of the industrial refrigerant repair, record-keeping, and reporting regulations at 40 CFR 82.156 (Recycling and Emission Reduction) promulgated by the Environmental Protection Agency (‘‘EPA’’) under Subchapter VI of the Clean Air Act (Stratospheric Ozone Protection), 42 U.S.C. 7671–7671q, at five of BASF’s facilities in the United States. The five facilities are located in Livonia, Michigan; South Brunswick and Washington, New Jersey; Greenville, Ohio; and Beaumont, Texas. In the proposed Consent Decree, BASF agrees to (1) retrofit or retire three of its industrial process refrigeration units at its Beaumont, Texas facility and (2) pay a $384,200 penalty to the United States. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Consent 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 E:\FR\FM\23OCN1.SGM 23OCN1

Agencies

[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Notices]
[Pages 54846-54850]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25540]


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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.

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SUMMARY: The Bureau of Indian Affairs (BIA) owns or has an interest in 
irrigation projects located on or associated with various Indian 
reservations throughout the United States. 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 adjustments.

DATES: Interested parties may submit comments on the proposed rate 
adjustments on or before December 22, 2009.

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 the SUPPLEMENTARY 
INFORMATION section to contact the regional or local office where the 
project is located.

SUPPLEMENTARY INFORMATION: The first table in this notice provides 
contact information for individuals who can give further information 
about the irrigation projects covered by this notice. The second table 
provides the current 2009 irrigation assessment rates, the proposed 
rates for the 2010 irrigation season, and proposed rates for subsequent 
years where these are available.

What is the meaning of the key terms used in this notice?

    In this notice:
    Administrative costs means all costs we incur to administer our 
irrigation projects 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 
an irrigation facility. (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 a facility 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 our irrigation projects. This includes our activities to 
administer, operate, maintain, and rehabilitate our projects 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 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 irrigation projects consistent with 
this notice and our supporting policies, manuals, and handbooks.
    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.
    Responsible party means an individual or entity that owns or leases 
land within the assessable acreage of one of our irrigation projects 
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 one of our 
irrigation projects.
    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 if 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 http://www.gpo.gov.

Why are you publishing this notice?

    We are publishing this notice to notify you that we propose to 
adjust our

[[Page 54847]]

irrigation assessment rates. 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 rates for annual 
irrigation assessments as well as related information about 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 2010 
irrigation season and subsequent years where applicable.

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 each project 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 irrigation 
project where you own or lease land within the project's assessable 
acreage or to the billing office associated with the irrigation project 
with which you have a carriage agreement:
    (1) The full legal name of the 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 
irrigation project within which I own or lease assessable land or for 
which I have a carriage agreement?

    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 tables are the regional and project/agency contacts 
for our irrigation facilities.

[[Page 54848]]



------------------------------------------------------------------------
         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.....................  Chuck Courville, Superintendent, Flathead
Irrigation Project...........   Agency Irrigation Division, P.O. Box 40,
                                Pablo, MT 59855-0040, Telephone: (406)
                                675-2700.
Fort Hall....................  Eric J. LaPointe, Superintendent, Dean
Irrigation Project...........   Fox, Deputy Superintendent, Fort Hall
                                Agency, P.O. Box 220, Fort Hall, ID
                                83203-0220, Telephone: (208) 238-2301.
Wapato.......................  Pierce Harrison, Project Administrator,
Irrigation Project...........   Wapato Irrigation Project, P.O. Box 220,
                                Wapato, WA 98951-0220, Telephone: (509)
                                877-3155.
------------------------------------------------------------------------
                     Rocky Mountain Region Contacts
------------------------------------------------------------------------
Darryl LaCounte, Acting Regional Director, Bureau of Indian Affairs,
 Rocky Mountain Regional Office, 316 North 26th Street, Billings,
 Montana 59101, Telephone: (406) 247-7943.
------------------------------------------------------------------------
Blackfeet....................  Stephen Pollock, Superintendent, Ted
Irrigation Project...........   Hall, Irrigation Project Manager, Box
                                880, Browning, MT 59417, Telephones:
                                (406) 338-7544, Superintendent, (406)
                                338-7519, Irrigation Project Manager.
Crow Irrigation Project......  Judy Gray, Superintendent, Vacant,
                                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        Jim Montes, Acting Superintendent,
 Project.                       Vacant, Irrigation Project Manager,
                                (Project operations & management
                                contracted tribes), R.R.1, Box 980,
                                Harlem, MT 59526, Telephones: (406) 353-
                                2901, Superintendent, (406) 353-2905,
                                Irrigation Project Manager.
Fort Peck....................  Florence White Eagle, Superintendent,
Irrigation Project...........   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...................  Ed Lone Fight, Superintendent, Sheridan
Irrigation Project...........   Nicholas, Irrigation Project Engineer,
                                P.O. Box 158, Fort Washakie, WY 82514,
                                Telephones: (307) 332-7810,
                                Superintendent, (307) 332-2596,
                                Irrigation Project Manager.
------------------------------------------------------------------------
                        Southwest Region Contacts
------------------------------------------------------------------------
William T. Walker, Acting Regional Director, Bureau of Indian Affairs,
 Southwest Regional Office, 1001 Indian School Road, Albuquerque, New
 Mexico 87104, Telephone: (505) 563-3100.
------------------------------------------------------------------------
Pine River...................  John Waconda, Superintendent, John
Irrigation Project...........   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, Arizona 85004, Telephone: (602) 379-6600.
------------------------------------------------------------------------
Colorado River Irrigation      Janice Staudte, Superintendent, Ted
 Project.                       Henry, Irrigation Project Manager, 12124
                                1st Avenue, Parker, AZ 85344, Telephone:
                                (928) 669-7111.
Duck Valley..................  Joseph McDade, Superintendent, 1555
Irrigation Project...........   Shoshone Circle, Elko, NV 89801,
                                Telephone: (775) 738-0569.
Fort Yuma....................  Vacant, Superintendent, P.O. Box 11000,
Irrigation Project...........   Yuma, AZ 85366, Telephone: (520) 782-
                                1202.
San Carlos...................  Bryan Bowker, Project Manager, Clarence
Irrigation Project Joint        Begay, Irrigation Manager, P.O. Box 250,
 Works.                         Coolidge, AZ 85228, Telephone: (520) 723-
                                6203.
San Carlos Irrigation Project  Cecilia Martinez, Superintendent, Joe
 Indian Works.                  Revak, Supervisory General Engineer,
                                Pima Agency, Land Operations, P.O. Box
                                8, Sacaton, AZ 85247, Telephone: (520)
                                562-3326, Telephone: (520) 562-3372.
Uintah.......................  Daniel Picard, Superintendent, Dale
Irrigation Project...........   Thomas, Irrigation Manager, P.O. Box
                                130, Fort Duchesne, UT 84026, Telephone:
                                (435) 722-4300, Telephone: (435) 722-
                                4341.
Walker River Irrigation        Athena Brown, Superintendent, 311 E.
 Project.                       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 irrigation 
projects where we recover costs of administering, operating, 
maintaining, and rehabilitating them. The table also contains the 
proposed rates for the 2010 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.

[[Page 54849]]



----------------------------------------------------------------------------------------------------------------
                                                                            Final 2009    Proposed     Proposed
               Project name                         Rate category              rate      2010 rate    2011 rate
----------------------------------------------------------------------------------------------------------------
                                           Northwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Flathead Irrigation Project * (See Note     Basic per acre--A............       $23.45       $23.45       $25.45
 1).
                                            Basic per acre--B............        10.75        11.75        12.75
                                            Minimum Charge per tract.....        65.00        65.00        65.00
Fort Hall Irrigation Project..............  Basic per acre...............        40.50        40.50        (\1\)
                                            Minimum Charge per tract.....        30.00        30.00
Fort Hall Irrigation Project--Minor Units.  Basic per acre...............        21.00        21.00
                                            Minimum Charge per tract.....        30.00        30.00
Fort Hall Irrigation Project--Michaud.....  Basic per acre...............        41.50        41.50
                                            Pressure per acre............        58.00        58.00
                                            Minimum Charge per tract.....        30.00        30.00
Wapato Irrigation Project--Toppenish/       Minimum Charge for per tract.        15.00        15.00
 Simcoe Units.
                                            Basic per acre...............        15.00        15.00
Wapato Irrigation Project--Ahtanum Units..  Minimum Charge per tract.....        15.00        15.00
                                            Basic per acre...............        15.00        15.00
Wapato Irrigation Project--Satus Unit *...  Minimum Charge for per tract.        58.00        60.00
                                            ``A'' Basic per acre.........        58.00        60.00
                                            ``B'' Basic per acre.........        68.00        70.00
Wapato Irrigation Project--Additional       Minimum Charge per tract.....        63.00        65.00
 Works *.
                                            Basic per acre...............        63.00        65.00
Wapato Irrigation Project--Water Rental *.  Minimum Charge...............        70.00        72.00
                                            Basic per acre...............        70.00        72.00
----------------------------------------------------------------------------------------------------------------
\1\ To be determined.


------------------------------------------------------------------------
                                                 Final 2009    Proposed
         Project name           Rate category       rate      2010 rate
------------------------------------------------------------------------
                    Rocky Mountain Region Rate Table
------------------------------------------------------------------------
Blackfeet Irrigation Project   Basic-per acre.       $18.00       $19.00
 *.
Crow Irrigation Project--      Basic-per acre.        20.80        22.80
 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.        20.50        22.50
 Others (includes Bighorn,
 Soap Creek, and Pryor Units)
 *.
Crow Irrigation Two Leggins    Basic-per acre.         2.00         2.00
 Drainage District.
Fort Belknap Irrigation        Basic-per acre.        14.75        14.75
 Project.
Fort Peck Irrigation Project   Basic-per acre.        24.00        24.70
 *.
Wind River Irrigation Project  Basic-per acre.        18.00        20.00
 *.
Wind River Irrigation          Basic-per acre.        19.00        27.00
 Project--LeClair District *.
Wind River Irrigation          Basic-per acre.        18.00        14.00
 Project--CrowHeart Unit *.
------------------------------------------------------------------------
                       Southwest Region Rate Table
------------------------------------------------------------------------
Pine River Irrigation Project  Minimum Charge        $50.00       $50.00
                                per tract.
------------------------------------------------------------------------
                               Basic-per acre.        15.00        15.00
------------------------------------------------------------------------


 
                                                                            Final 2009    Proposed     Proposed
               Project name                         Rate category              rate      2010 rate    2011 rate
----------------------------------------------------------------------------------------------------------------
                                            Western Region Rate Table
----------------------------------------------------------------------------------------------------------------
Colorado River Irrigation Project * (see    Basic per acre up to 5.75           $51.00       $52.50       $54.00
 Note 3).                           acre-feet.
                                            Excess Water per acre-foot           17.00        17.00        (\1\)
                                             over 5.75 acre-feet.
Duck Valley Irrigation Project............  Basic per acre...............         5.30         5.30
Fort Yuma Irrigation Project * (See Note    Basic per acre up to 5.0 acre-       77.00        77.00
 2).                                feet.
                                            Excess Water per acre-foot           14.00        14.00
                                             over 5.0 acre-feet.
                                            Basic per acre up to 5.0 acre-       77.00        77.00
                                             feet (Ranch 5).
San Carlos Irrigation Project (Joint        Basic per acre...............        21.00        21.00        25.00
 Works) (See Note 1).
San Carlos Irrigation Project (Indian       Basic per acre...............        57.00        57.00        (\1\)
 Works).
Uintah Irrigation Project.................  Basic per acre...............        15.00        15.00
                                            Minimum Bill.................        25.00        25.00
Walker River Irrigation Project * (See      Indian per acre..............        16.00        19.00        22.00
 Note 3).
                                            Non-Indian per acre..........        16.00        19.00        22.00
----------------------------------------------------------------------------------------------------------------
* Notes irrigation projects where rates are proposed for adjustment.
Note 1--The 2010 rate was established by final notice published in the Federal Register on April 22,
  2009 (Vol. 74, No. 76, page 18398). The 2011 rate is to be determined.

[[Page 54850]]

 
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 BOR
  rate for 2010 is yet to be determined. The second component is for the O&M rate established by BIA to cover
  administrative costs including billing and collections for the Project. The 2010 BIA rate remains unchanged at
  $7.00/acre. The rates shown include the 2009 Reclamation rate and the 2010 BIA rate.
Note 3--The 2010 and 2011 rates were established by final notice published in the Federal Register on
  April 22, 2009 (Vol. 74, No. 76, page 18398).
\1\ To be determined.

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)

    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

    These rate adjustments are not a rule for the purposes of the 
Regulatory Flexibility Act because they establish ``a rule of 
particular applicability relating to rates.'' 5 U.S.C. 601(2).

Unfunded Mandates Reform Act of 1995

    These rate adjustments do 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 rate adjustments do 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 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 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

    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 expired August 31, 
2009; a request for renewal is pending with OMB. See 74 FR 44867 for 
more information on the renewal.

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)).

Information Quality Act

    In developing this notice, we did not conduct or use a study, 
experiment, or survey requiring peer review under the Information 
Quality Act (Pub. L. 106-554).

    Dated: October 7, 2009.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.
[FR Doc. E9-25540 Filed 10-22-09; 8:45 am]
BILLING CODE 4310-W7-P