October 30, 2008

Rate Adjustments for Indian Irrigation Projects

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.
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[Federal Register: October 30, 2008 (Volume 73, Number 211)]
[Notices]               
[Page 64629-64635]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc08-69]                         

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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.

-----------------------------------------------------------------------

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 29, 2008.

ADDRESSES: All comments on the proposed rate adjustments must be in 
writing and addressed to: John Anevski, Chief, Division of Irrigation, 
Power and Safety of Dams, Office of Trust Services, Mail Stop 4655-MIB, 
1849 C Street, NW., Washington, DC 20240, Telephone (202) 208-5480.

FOR FURTHER INFORMATION CONTACT: For details about a particular 
irrigation project, please use the tables in 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 2008 irrigation assessment rates, the proposed 
rates for the 2009 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

[[Page 64630]]

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 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 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 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 2009 
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

[[Page 64631]]

associated with the irrigation project with which you have a carriage 
agreement:
    (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 
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.

------------------------------------------------------------------------
                                                        ,
------------------------------------------------------------------------
                        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
------------------------------------------------------------------------
Project Name                            Project/Agency Contacts
------------------------------------------------------------------------
Flathead                                Chuck Courville, Superintendent
Irrigation Project                      Ed McKay, Acting Irrigation
                                         Manager
                                        Flathead Agency Irrigation
                                         Division
                                        P.O. Box 40
                                        Pablo, MT 59855-0040
                                        Telephone: (406) 675-2700
------------------------------------------------------------------------
Fort Hall                               Eric J. LaPointe, Superintendent
Irrigation Project                      Alan Oliver, Supervisory General
                                         Engineer
                                        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
------------------------------------------------------------------------
Ed Parisian, Regional Director

[[Page 64632]]


Bureau of Indian Affairs, Rocky Mountain Regional Office
316 North 26th Street
Billings, Montana 59101
Telephone: (406) 247-7943
------------------------------------------------------------------------
Project Name                            Agency/Project Contacts
------------------------------------------------------------------------
Blackfeet                               Stephen Pollock, Superintendent
Irrigation Project                      Ted Hall, Irrigation Project
                                         Manager
                                        Box 880
                                        Browning, MT 59417
                                        Telephones: (406) 338-7544,
                                         Superintendent
                                        (406) 338-7519, Irrigation
                                         Project Manager
------------------------------------------------------------------------
Crow                                    George Grover, Superintendent
Irrigation Project                      Karl Helvik, Irrigation Project
                                         Manager
                                        P.O. Box 69
                                        Crow Agency, MT 59022
                                        Telephones: (406) 638-2672,
                                         Superintendent
                                        (406) 638-2863, Irrigation
                                         Project Manager
------------------------------------------------------------------------
Fort Belknap                            Judy Gray, Superintendent
Irrigation Project                      Ralph Leo, Irrigation Project
                                         Manager
                                        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 Flight, Superintendent
Irrigation Project                      Ray Nation, Acting Irrigation
                                         Project Manager
                                        P.O. Box 158
                                        Fort Washakie, WY 82514
                                        Telephones: (307) 332-7810,
                                         Superintendent
                                        (307) 332-2596, Irrigation
                                         Project Manager
------------------------------------------------------------------------
                        Southwest Region Contacts
------------------------------------------------------------------------
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
------------------------------------------------------------------------
Project Name                            Project/Agency Contacts
------------------------------------------------------------------------
Pine River                              Vacant, Superintendent
Irrigation Project                      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
------------------------------------------------------------------------
Project Name                            Project/Agency Contacts
------------------------------------------------------------------------
Colorado River                          Janice Staudte, Superintendent
Irrigation Project                      Ted Henry, Irrigation Project
                                         Manager
                                        12124 1st Avenue
                                        Parker, AZ 85344
                                        Telephone: (928) 669-7111
------------------------------------------------------------------------

[[Page 64633]]


Duck Valley                             Joseph McDade, Superintendent
Irrigation Project                      1555 Shoshone Circle
                                        Elko, NV 89801
                                        Telephone: (775) 738-0569
------------------------------------------------------------------------
Fort Yuma                               Raymond Fry, Superintendent
Irrigation Project                      P.O. Box 11000
                                        Yuma, AZ 85366
                                        Telephone: (520) 782-1202
------------------------------------------------------------------------
San Carlos                              Bryan Bowker, Project Manager
Irrigation Project                      Carl Christensen, Supervisory
                                         General Engineer
Joint Works                             P.O. Box 250
                                        Coolidge, AZ 85228
                                        Telephone: (520) 723-6216
------------------------------------------------------------------------
San Carlos                              Cecilia Martinez, Superintendent
Irrigation Project                      Joe Revak, Supervisory General
                                         Engineer
Indian Works                            Pima Agency, Land Operations
                                        P.O. Box 8
                                        Sacaton, AZ 85247
                                        Telephone: (520) 562-3326
                                        Telephone: (520) 562-3372
------------------------------------------------------------------------
Uintah                                  Daniel Picard, Superintendent
Irrigation Project                      Lynn Hansen, Irrigation Manager
                                        P.O. Box 130
                                        Fort Duchesne, UT 84026
                                        Telephone: (435) 722-4300
                                        Telephone: (435) 722-4341
------------------------------------------------------------------------
Walker River                            Athena Brown, Superintendent
Irrigation Project                      311 E. Washington Street
                                        Carson City, NV 89701
                                        Telephone: (775) 887-3500
------------------------------------------------------------------------

What irrigation assessments or charges are proposed for adjustment by 
this notice?

    The rate table below contains the current rates for all irrigation 
projects where we recover costs of administering, operating, 
maintaining, and rehabilitating them. The table also contains the 
proposed rates for the 2009 season and subsequent years where 
applicable. An asterisk immediately following the name of the project 
notes the irrigation projects where rates are proposed for adjustment.

----------------------------------------------------------------------------------------------------------------
                                                                 Final  2008  Final  2009
            Project name                    Rate category            rate         rate      Proposed  2010 rate
----------------------------------------------------------------------------------------------------------------
                                           Northwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Flathead Irrigation Project * (See   Basic per acre--A.........       $23.45       $23.45  $23.45
 Note 1).
                                     Basic per acre--B.........        10.75        10.75  11.75
                                     Minimum Charge per tract..        65.00        65.00  65.00
Fort Hall Irrigation Project *.....  Basic per acre............        31.00        40.50  To be determined.
                                     Minimum Charge per tract..        27.00        30.00  .....................
Fort Hall Irrigation Project--Minor  Basic per acre............        21.00        21.00  .....................
 Units *.
                                     Minimum Charge per tract..        27.00        30.00  .....................
Fort Hall Irrigation Project--       Basic per acre............        39.75        41.50  .....................
 Michaud *.
                                     Pressure per acre.........        55.50        58.00  .....................
                                     Minimum Charge per tract..        27.00        30.00  .....................
                                     Minimum Charge for farm           14.00        15.00  .....................
                                      unit/land tracts up to
                                      one acre.
                                     Farm unit/land tracts over        14.00        15.00  .....................
                                      one acre--per acre.
Wapato Irrigation Project--          Minimum Charge for per            14.00        15.00  .....................
 Toppenish/Simcoe Units *.            tract.
                                     Basic per acre............        14.00        15.00  .....................
Wapato Irrigation Project--Ahtanum   Minimum Charge per tract..        14.00        15.00  .....................
 Units *.
                                     Basic per acre............        14.00        15.00  .....................
Wapato Irrigation Project--Satus     Minimum Charge for per            55.00        58.00  .....................
 Unit *.                              tract.
                                     ``A'' Basic per acre......        55.00        58.00  .....................
                                     ``B'' Basic per acre......        65.00        68.00  .....................
Wapato Irrigation Project--          Minimum Charge per tract..        60.00        63.00  .....................
 Additional Works *.
                                     Basic per acre............        60.00        63.00
Wapato Irrigation Project--Water     Minimum Charge............        67.00        70.00
 Rental *.

[[Page 64634]]


                                     Basic per acre............        67.00        70.00
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                                                 Proposed  2009
               Project name                          Rate  category           Final  2008 rate        rate
----------------------------------------------------------------------------------------------------------------
                                        Rocky Mountain Region Rate Table
----------------------------------------------------------------------------------------------------------------
Blackfeet Irrigation Project *............  Basic-per acre..................            $17.00            $18.00
Crow Irrigation Project--Willow Creek O&M   Basic-per acre..................             20.80             20.80
 (includes Agency, Lodge Grass 1,
 Lodge Grass 2, Reno, Upper
 Little Horn, and Forty Mile Units).
Crow Irrigation Project--All Others         Basic-per acre..................             20.50             20.50
 (includes Bighorn, Soap Creek, and Pryor
 Units).
Crow Irrigation Two Leggins Drainage        Basic-per acre..................              2.00              2.00
 District.
Fort Belknap Irrigation Project *.........  Basic-per acre..................             13.88             20.00
Fort Peck Irrigation Project *............  Basic-per acre..................             22.00             25.75
Wind River Irrigation Project *...........  Basic-per acre..................             16.00             18.00
Wind River Irrigation Project--LeClair      Basic-per acre..................             17.00             19.00
 District *.
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                                                 Proposed  2009
               Project name                          Rate  category           Final  2008 rate        rate
----------------------------------------------------------------------------------------------------------------
                                           Southwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Pine River Irrigation Project.............  Minimum Charge per tract........            $50.00            $50.00
                                            Basic-per acre..................             15.00             15.00
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                      Final  2008    Proposed    Proposed  2010   Proposed  2011
         Project name              Rate category          rate      2009 rate         rate             rate
----------------------------------------------------------------------------------------------------------------
                                            Western Region Rate Table
----------------------------------------------------------------------------------------------------------------
Colorado River Irrigation      Basic per acre up to        $47.00       $51.00  $52.50.........  $54.00
 Project *.                     5.75 acre-feet.

                               Excess Water per acre-       17.00        17.00
                                foot over 5.75 acre-
                                feet.
Duck Valley Irrigation         Basic per acre.......         5.30         5.30  To be            To be
 Project.                                                                        determined.      determined.
Fort Yuma Irrigation Project   Basic per acre up to         77.00        77.00  To be            To be
 * (See Note 2).       5.0 acre-feet.                                   determined.      determined.
                               Excess Water per acre-       14.00        14.00
                                foot over 5.0 acre-
                                feet.
                               Basic per acre up to         28.00        77.00
                                5.0 acre-feet (Ranch
                                5).
San Carlos Irrigation Project  Basic per acre.......        21.00        21.00  21.00..........  To be
 (Joint Works) (See Note                                                                          determined.
 3).
San Carlos Irrigation Project  Basic per acre.......        57.00        57.00  To be            To be
 (Indian Works).                                                                 determined.      determined.
Uintah Irrigation Project *..  Basic per acre.......        12.50        13.70
                               Minimum Bill.........        25.00        25.00
Walker River Irrigation        Indian per acre......        13.00        16.00  19.00..........  21.00
 Project *.
(See Note 4)........  non-Indian per acre..        16.00        16.00  19.00..........  21.00
----------------------------------------------------------------------------------------------------------------
* Notes irrigation projects where rates are proposed for adjustment.
Note 1--The 2009 rate was established by final notice published in the Federal Register on June 5, 2008
  (Vol. 73, No. 109, page 32046). The 2010 rate is to be determined.
 Note 2--The O&M rate for the Fort Yuma Irrigation Project has two components. The first component is
  the O&M rate established by the Bureau of Reclamation (BOR), the owner and operator of the Project. The BOR
  rate for 2009 remains unchanged at 70.00/acre. The second component is for the O&M rate established by BIA to
  cover administrative costs including billing and collections for the Project. The 2009 BIA rate remains
  unchanged at 7.00/acre. In 2009, the BOR rate for ``Ranch 5'' will be increased from 28.00/acre to 70.00/acre,
  and BIA will begin charging the 7.00/acre administrative fee on ``Ranch 5'' acreage.
 Note 3--The 2009 rate was established by final notice published in the Federal Register on April 20,
  2007 (Vol. 72, No. 76, page 19954).
 Note 4--The 2009 rate was established by final notice published in the Federal Register on June 5,
  2008 (Vol. 73, No. 109, page 32047). The 2010 and 2011 rates are proposed through this notice.

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,

[[Page 64635]]

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 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 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 expires August 31, 
2009.

National Environmental Policy Act

    The Department has determined that these rate adjustments do not 
constitute a major Federal action significantly affecting the quality 
of the human environment and that no detailed statement is required 
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370(d)).

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. No. 106-554).

    Dated: October 22, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary for Policy and Economic Development--
Indian Affairs.
[FR Doc. E8-25920 Filed 10-29-08; 8:45 am]

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