[Federal Register: February 8, 2008 (Volume 73, Number 27)]
[Notices]
[Page 7583-7588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe08-82]
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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 facilities located on various Indian reservations
throughout the United States. We are required to establish rates to
recover the costs to administer, operate, maintain, and rehabilitate
those facilities. We request your comments on the proposed rate
adjustments.
[[Page 7584]]
DATES: Interested parties may submit comments on the proposed rate
adjustments on or before April 8, 2008.
ADDRESSES: All comments on the proposed rate adjustments must be in
writing and addressed to: John Anevski, Chief, Division of Irrigation,
Power and Safety of Dams, Office of Trust Services, Mail Stop 4655-MIB,
1849 C Street, NW., Washington, DC 20240, Telephone (202) 208-5480.
FOR FURTHER INFORMATION CONTACT: For details about a particular
irrigation project, please use the tables in SUPPLEMENTARY INFORMATION
section to contact the regional or local office where the project is
located.
SUPPLEMENTARY INFORMATION: The tables in this notice list the
irrigation project contacts where the BIA recovers its costs for local
administration, operation, maintenance, and rehabilitation, the current
irrigation assessment rates, and the proposed rates for the 2008
irrigation season and subsequent years where applicable.
What are some of the terms I should know for this notice?
The following are terms we use that may help you understand how we
are applying this notice.
Administrative costs means all costs we incur to administer our
irrigation projects at the local project level. Local project level
does not normally include the Agency, Region, or Central Office costs
unless we state otherwise in writing.
Assessable acre means lands designated by us to be served by one of
our irrigation projects and to which we provide irrigation service and
recover our costs. (See Total assessable acres.)
BIA means the Bureau of Indian Affairs.
Bill means our statement to you of the assessment charges and/or
fees you owe the United States for administration, operation,
maintenance, and/or rehabilitation. The date we mail or hand deliver
your bill will be stated on it.
Costs mean the costs we incur for administration, operation,
maintenance, and rehabilitation to provide direct support or benefit to
an irrigation facility.
Customer means any person or entity that we provide irrigation
service to.
Due date is the date on which your bill is due and payable. This
date will be stated on your bill.
I, me, my, you, and your means all interested parties, especially
persons or entities that we provide irrigation service to and receive
beneficial use of our irrigation projects affected by this notice and
our supporting policies, manuals, and handbooks.
Irrigation project means, for the purposes of this notice, the
facility or portions thereof, that we own, or have an interest in,
including all appurtenant works, for the delivery, diversion, and
storage of irrigation water to provide irrigation service to customers
for whom we assess periodic charges to recover our costs to administer,
operate, maintain, and rehabilitate. These projects may be referred to
as facilities, systems, or irrigation areas.
Irrigation service means the full range of services we provide
customers of our irrigation projects, including, but not limited to,
water delivery. This includes our activities to administer, operate,
maintain, and rehabilitate our projects.
Maintenance costs means all costs we incur to maintain and repair
our irrigation projects and equipment of our irrigation projects and is
a cost factor included in calculating your operation and maintenance
(O&M) assessment.
Must means an imperative or mandatory act or requirement.
Operation and maintenance (O&M) assessment means the periodic
charge you must pay us to reimburse our costs.
Operation or operating costs means costs we incur to operate our
irrigation projects and equipment and is a cost factor included in
calculating your O&M assessment.
Past due bill means a bill that has not been paid by the close of
business on the 30th day after the due date, as stated on the bill.
Beginning on the 31st day after the due date we begin assessing
additional charges accruing from the due date.
Rehabilitation costs means costs we incur to restore our irrigation
projects or features to original operating condition or to the nearest
state which can be achieved using current technology and is a cost
factor included in calculating your O&M assessment.
Total assessable acres means the total acres served by one of our
irrigation projects.
Total O&M cost means the total of all the allowable and allocatable
costs we incur for administering, operating, maintaining, and
rehabilitating our irrigation projects serving your farm unit.
Water means water we deliver at our projects for the general
purpose of irrigation and other purposes we agree to in writing.
Water delivery is an activity that is part of the irrigation
service we provide our customers when water is available.
We, us, and our means the United States Government, the Secretary
of the Interior, the BIA, and all who are authorized to represent us in
matters covered under this notice.
Does this notice affect me?
This notice affects you if you own or lease land within the
assessable acreage of one of our irrigation projects, or you have a
carriage agreement with one of our irrigation projects.
Where can I get information on the regulatory and legal citations in
this notice?
You can contact the appropriate office(s) stated in the tables for
the irrigation project that serves you, or you can use the Internet
site for the Government Printing Office at http://www.gpo.gov.
Why are you publishing this notice?
We are publishing this notice to notify you that we propose to
adjust one or more of our irrigation assessment rates. This notice is
published in accordance with the BIA's regulations governing its
operation and maintenance of irrigation projects, specifically, 25 CFR
171.1. These sections provide for the fixing and announcing of the
rates for annual assessments and related information for our irrigation
projects.
What authorizes you to issue this notice?
Our authority to issue this notice is vested in the Secretary of
the Interior by 5 U.S.C. 301 and the Act of August 14, 1914 (38 Stat.
583; 25 U.S.C. 385). The Secretary has in turn delegated this authority
to the Assistant Secretary--Indian Affairs under Part 209, Chapter
8.1A, of the Department of the Interior's Departmental Manual.
When will you put the rate adjustments into effect?
We will put the rate adjustments into effect for the 2008
irrigation season and subsequent years where applicable.
How do you calculate irrigation rates?
We calculate irrigation assessment rates in accordance with 25 CFR
171.1(f) by estimating the cost of normal operation and maintenance at
each of our irrigation projects. The cost of normal operation and
maintenance means the expenses we incur to provide direct support or
benefit for an irrigation project's activities for administration,
operation, maintenance, and rehabilitation. These costs are then
applied as stated in the rate table in this notice.
What kinds of expenses do you include in determining the estimated cost
of normal operation and maintenance?
We include the following expenses:
(a) Personnel salary and benefits for the project engineer/manager
and
[[Page 7585]]
project employees under their management control;
(b) Materials and supplies;
(c) Major and minor vehicle and equipment repairs;
(d) Equipment, including transportation, fuel, oil, grease, lease
and replacement;
(e) Capitalization expenses;
(f) Acquisition expenses;
(g) Maintenance of a reserve fund available for contingencies or
emergency costs needed for the reliable operation of the irrigation
project;
(h) Rehabilitation costs; and
(i) Other expenses we determine necessary to properly perform the
activities and functions characteristic of an irrigation project.
When should I pay my irrigation assessment?
We will mail or hand deliver your bill notifying you of the amount
you owe to the United States and when such amount is due. If we mail
your bill, we will consider it as being delivered no later than 5
business days after the day we mail it. You should pay your bill no
later than the close of business on the 30th day after the due date
stated on the bill.
What information must I provide for billing purposes?
We must obtain certain information from you to ensure we can
properly process, bill for, and collect money owed to the United
States. We are required to collect the taxpayer identification number
or social security number to properly bill the responsible party and
service the account under the authority of, and as prescribed in,
Public Law 104-143, the Debt Collection Improvement Act of 1996.
(a) At a minimum, this information is:
(1) Full legal name of person or entity responsible for paying the
bill;
(2) Adequate and correct address for mailing or hand delivering our
bill; and
(3) The taxpayer identification number or social security number of
the person or entity responsible for paying the bill;
(b) It is your responsibility to ensure we have correct and
accurate information for paragraph (a) of this section.
(c) If you are late paying your bill due to your failure to furnish
such information or comply with paragraph (b) of this section, you
cannot appeal your bill on this basis.
What can happen if I do not provide the information required for
billing purposes?
We can refuse to provide you irrigation service.
If I allow my bill to become past due, could this affect my water
delivery?
If we do not receive your payment before the close of business on
the 30th day after the due date stated on your bill, we will send you a
past due notice. Your bill will have additional information concerning
your rights. We will consider your past due notice as delivered no
later than 5 business days after the day we mail it. We have the right
to refuse water delivery to any of your irrigated land on which the
bill is past due. We can continue to refuse water delivery until you
pay your bill or make payment arrangements that we agree to. Our
authority to demand payment of your past due bill is 31 CFR 901.2,
``Demand for Payment.''
Are there any additional charges if I am late paying my bill?
Yes. We will assess you interest on the amount owed and use the
rate of interest established annually by the Secretary of the United
States Treasury (Treasury) to calculate what you will be assessed (31
CFR 901.9(b)). You will not be assessed this charge until your bill is
past due. However, if you allow your bill to become past due, interest
will accrue from the due date, not the past due date. Also, you will be
charged an administrative fee of $12.50 for each time we try to collect
your past due bill. If your bill becomes more than 90 days past due,
you will be assessed a penalty charge of 6 percent per year and it will
accrue from the date your bill initially became past due. Our authority
to assess interest, penalties, and administration fees on past due
bills is prescribed in 31 CFR 901.9, ``Interest, penalties, and
costs.''
What else can happen to my past due bill?
If you do not pay your bill or make payment arrangements that we
agree to, we are required to send your past due bill to the Treasury
for further action. We must send your bill to Treasury no later than
180 days after the original due date of your irrigation assessment
bill. The requirement for us to send your unpaid bill to Treasury is
prescribed in 31 CFR 901.1, ``Aggressive agency collection activity.''
Who can I contact for further information?
The following tables are the regional and project/agency contacts
for our irrigation facilities.
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Project name Project/agency contacts
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Northwest Region Contacts
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Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest
Regional Office, 911 N.E. 11th Avenue, Portland, Oregon 97232-4169,
Telephone: (503) 231-6702.
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Flathead Irrigation Project....... Debra DuMontier, Acting
Superintendent, Flathead Agency
Irrigation Division, P.O. Box 40,
Pablo, MT 59855-0040, Telephone:
(406) 675-2700.
Fort Hall Irrigation Project...... Eric J. LaPointe, Superintendent,
Alan Oliver, Supervisory General
Engineer, Fort Hall Agency, P.O.
Box 220, Fort Hall, ID 83203-0220,
Telephone: (208) 238-2301.
Wapato Irrigation Project......... Pierce Harrison, Project
Administrator, Wapato Irrigation
Project, P.O. Box 220, Wapato, WA
98951-0220, Telephone: (509) 877-
3155.
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Rocky Mountain Region Contacts
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Ed Parisian, Regional Director, Bureau of Indian Affairs, Rocky Mountain
Regional Office, 316 North 26th Street, Billings, Montana 59101,
Telephone: (406) 247-7943.
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Blackfeet Irrigation Project...... Stephen Pollock, Superintendent, Ted
Hall, Irrigation Project Manager,
Box 880, Browning, MT 59417,
Telephones: (406) 338-7544,
Superintendent; (406) 338-7519,
Irrigation Project Manager.
Crow Irrigation Project........... George Grover, Superintendent, Karl
Helvik, Irrigation Project Manager,
P.O. Box 69, Crow Agency, MT 59022,
Telephones: (406) 638-2672,
Superintendent; (406) 638-2863,
Irrigation Project Manager.
Fort Belknap Irrigation Project... Judy Gray, Superintendent, Ralph
Leo, Irrigation Project Manager,
R.R. 1, Box 980, Harlem, MT 59526,
Telephones: (406) 353-2901,
Superintendent; (406) 353-2905,
Irrigation Project Manager.
[[Page 7586]]
Fort Peck Irrigation Project...... Florence White Eagle,
Superintendent, P.O. Box 637,
Poplar, MT 59255, Richard Kurtz,
Irrigation Manager, 602 6th Avenue
North, Wolf Point, MT 59201,
Telephones: (406) 768-5312,
Superintendent; (406) 653-1752,
Irrigation Manager .
Wind River Irrigation Project..... Ed Lone Flight, Superintendent, Ray
Nation, Acting Irrigation Project
Manager, P.O. Box 158, Fort
Washakie, WY 82514, Telephones:
(307) 332-7810, Superintendent;
(307) 332-2596, Irrigation Project
Manager.
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Southwest Region Contacts
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Larry Morrin, Regional Director, Bureau of Indian Affairs, Southwest
Regional Office, 1001 Indian School Road, Albuquerque, New Mexico 87104,
Telephone: (505) 563-3100.
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Pine River Irrigation Project..... Ross P. Denny, Superintendent, John
Formea, Irrigation Engineer, P.O.
Box 315, Ignacio, CO 81137-0315,
Telephones: (970) 563-4511,
Superintendent; (970) 563-9484,
Irrigation Engineer.
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Western Region Contacts
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Allen Anspach, Regional Director, Bureau of Indian Affairs, Western
Regional Office, Two Arizona Center, 400 N. 5th Street, 12th Floor,
Phoenix, AZ 85004, Telephone: (602) 379-6600.
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Colorado River Irrigation Project. Perry Baker, Superintendent, Ted
Henry, Irrigation Project Manager,
R.R. 1, Box 9-C, Parker, AZ 85344,
Telephone: (928) 669-7111.
Duck Valley Irrigation Project.... Robert Marchio, Acting
Superintendent, 1555 Shoshone
Circle, Elko, NV 89801, Telephone:
(775) 738-0569.
Fort Yuma Irrigation Project...... Vacant, Superintendent, P.O. Box
11000, Yuma, AZ 85366, Telephone:
(520) 782-1202.
San Carlos Irrigation Project Carl Christensen, Supervisory
Joint Works. General Engineer, P.O. Box 250,
Coolidge, AZ 85228, Telephone:
(520) 723-6216.
San Carlos Irrigation Project Joe Revak, Supervisory General
Indian Works. Engineer, Pima Agency, Land
Operations, Box 8, Sacaton, AZ
85247, Telephone: (520) 562-3372.
Uintah Irrigation Project......... Lynn Hansen, Irrigation Manager,
P.O. Box 130, Fort Duchesne, UT
84026, Telephone: (435) 722-4341.
Walker River Irrigation Project... Brenda Astor, Acting Superintendent,
311 E. Washington Street, Carson
City, NV 89701, Telephone: (775)
887-3500.
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What irrigation assessments or charges are proposed for adjustment by
this notice?
The rate table below contains the current rates for all of our
irrigation projects where we recover our costs for operation and
maintenance. The table also contains the proposed rates for the 2008
season and subsequent years where applicable. An asterisk immediately
following the name of the project notes the irrigation projects where
rates are proposed for adjustment.
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Final Proposed
Project name Rate category 2007 rate 2008 rate Proposed 2009 rate
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Northwest Region Rate Table
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Flathead Irrigation Project (See Basic per acre--A.... $23.45 ** $23.45 $23.45
Note 1).
Basic per acre--B.... 10.75 \a\ 10.75 10.75
Minimum Charge per 65.00 \a\ 65.00 65.00
tract.
Fort Hall Irrigation Project *..... Basic per acre....... 27.00 31.00 To be determined.
Minimum Charge per 25.00 27.00
tract.
Fort Hall Irrigation Project--Minor Basic per acre....... 17.00 21.00
Units *.
Minimum Charge per 25.00 27.00
tract.
Fort Hall Irrigation Project-- Basic per acre....... 35.75 39.75
Michaud *.
Pressure per acre.... 50.00 55.50
Minimum Charge per 25.00 27.00
tract.
Wapato Irrigation Project-- Billing Charge per 5.00 5.00 5.00
Toppenish/Simcoe Units *. tract.
Minimum Charge for 14.00 14.00 15.00
farm unit/land
tracts up to one
acre.
Farm unit/land tracts 14.00 14.00 15.00
over one acre--per
acre.
Wapato Irrigation Project--Ahtanum Billing Charge per 5.00 5.00 5.00
Units *. tract.
Minimum Charge for 14.00 14.00 15.00
farm unit/land
tracts up to one
acre.
Farm unit/land tracts 14.00 14.00 15.00
over one acre--per
acre.
Wapato Irrigation Project--Satus Billing Charge per 5.00 5.00 5.00
Unit *. tract.
Minimum Charge for 55.00 55.00 58.00
farm unit/land
tracts up to one
acre.
``A'' farm unit/land 55.00 55.00 58.00
tracts over one
acre--per acre.
Additional Works farm 60.00 60.00 63.00
unit/land tracts
over one acre--per
acre.
[[Page 7587]]
``B'' farm unit/land 65.00 65.00 68.00
tracts over one
acre--per acre.
Water Rental 67.00 67.00 70.00
Agreement Lands--per
acre.
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Final 2007 Proposed
Project name Rate category rate 2008 rate
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Rocky Mountain Region Rate Table
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Blackfeet Irrigation Project Basic-per acre. $15.50 $17.00
*.
Crow Irrigation Project-- Basic-per acre. 19.30 20.80
Willow * Creek O&M (includes
Agency, Lodge Grass < greek-
i>1, Lodge Grass 2,
Reno, Upper Little Horn, and
Forty Mile Units).
Crow Irrigation Project--All Basic-per acre. 19.00 20.50
* Others (includes Bighorn,
Soap Creek, and Pryor Units).
Crow Irrigation Two Leggins Basic-per acre. 2.00 2.00
Drainage District.
Fort Belknap Irrigation Trust Land per 13.88 20.00
Project *. acre.
non-Trust Land 18.50 20.00
per acre.
Fort Peck Irrigation Project Basic-per acre. 20.00 22.00
*.
Wind River Irrigation Project Basic-per acre. 15.00 16.00
Wind River Irrigation Basic-per acre. 17.00 17.00
Project--LeClair District.
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Southwest Region Rate Table
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Pine River Irrigation Project Minimum Charge 50.00 50.00
per tract.
Basic-per acre. 15.00 15.00
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Final 2007 Proposed 2008
Project name Rate category rate rate Proposed 2009 rate Proposed 2010 rate
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Western Region Rate Table
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Colorado River Irrigation Project. Basic per acre up to $47.00 $47.00 To be determined.............. To be determined.
5.75 acre-feet.
Excess Water per acre- 17.00 17.00
foot over 5.75 acre-
feet.
Duck Valley Irrigation Project.... Basic-per acre....... 5.30 5.30
Fort Yuma Irrigation Project (See Basic-per acre up to 72.00 77.00
Note 2). 5.0 acre-feet.
Excess Water per acre- 10.50 10.50
foot over 5.0 acre-
feet.
San Carlos Irrigation Project * Basic-per acre....... 30.00 \a\ 21.00 $21.00 \b\.................... To be determined (See Note
(Joint Works) (See Note 3).
i>3).
San Carlos Irrigation Project * Basic-per acre....... 77.00 57.00 To be determined.............. To be determined.
(Indian Works).
Uintah Irrigation Project * (See Basic-per acre....... 12.00 12.50
Note 4).
Minimum Bill......... 25.00 25.00
Walker River Irrigation Project * Indian per acre...... 10.00 13.00 16.00.........................
(See Note 5).
non-Indian per acre.. 16.00 16.00 16.00.........................
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* Notes irrigation projects where rates are proposed for adjustment.
\a\ Final 2008 rate.
\b\ Final 2009 rate.
Note 1--The 2008 rate was established by final notice published in the Federal Register on April 20, 2007 (Vol. 72, No. 76, page 19954). The
2009 rate is to be determined.
Note 2--The O&M rate for the Fort Yuma Irrigation Project has two components. The first component is the O&M rate established by the Bureau of
Reclamation (BOR), the owner and operator of the Project. The FY 2007 BOR rate of $65.00 was used in the development of the proposed 2008 rate;
however, the BOR component is subject to change and is provided for informational purposes only. The second component is for the O&M rate established
by the Bureau of Indian Affairs (BIA) to cover administrative costs, including billing and collections for the Project. Through this notice, it is
proposed the BIA component of the rate remain unchanged at $7.00/acre. The BIA rate assessment covers approximately 50 percent of the accounting
technician and 40 percent of the Natural Resource Officer at the BIA Fort Yuma Agency.
Note 3--The 2008 and 2009 rate was established by final notice published in the Federal Register on April 20, 2007 (Vol. 72, No. 76, page
19954). The 2010 rate is to be determined. The Arizona Water Settlement Act is expected to be effective December 31, 2007, and this circumstance may
affect what the O&M rate should be for the SCIPJW in 2010.
Note 4--The proposed rate for 2008 is subject to change based upon final review of work accomplished under the Approved Annual Operating Plan
for the 2007 irrigation season subject to the October 1, 2000 Cooperative Agreement between United States of America Department of the Interior and
the Uintah Indian Irrigation Project Operation and Maintenance Company.
Note 5--The 2008 and 2009 irrigation rates are proposed through this notice.
[[Page 7588]]
Consultation and Coordination With Tribal Governments (Executive Order
13175)
The BIA irrigation projects are vital components of the local
agriculture economy of the reservations on which they are located. To
fulfill its responsibilities to the tribes, tribal organizations, water
user organizations, and the individual water users, the BIA
communicates, coordinates, and consults on a continuing basis with
these entities on issues of water delivery, water availability, costs
of administration, operation, maintenance, and rehabilitation. This is
accomplished at the individual irrigation projects by Project, Agency,
and Regional representatives, as appropriate, in accordance with local
protocol and procedures. This notice is one component of the BIA's
overall coordination and consultation process to provide notice and
request comments from these entities on adjusting our irrigation rates.
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (Executive Order 13211)
The rate adjustments will have no adverse effects on energy supply,
distribution, or use (including a shortfall in supply, price increases,
and increase use of foreign supplies) should the proposed rate
adjustments be implemented. This is a notice for rate adjustments at
BIA owned and operated irrigation projects, except for the Fort Yuma
Irrigation Project. The Fort Yuma Irrigation Project is owned and
operated by the Bureau of Reclamation with a portion serving the Fort
Yuma Reservation.
Regulatory Planning and Review (Executive Order 12866)
These rate adjustments are not a significant regulatory action and
do not need to be reviewed by the Office of Management and Budget under
Executive Order 12866.
Regulatory Flexibility Act
This rate making is not a rule for the purposes of the Regulatory
Flexibility Act because it is ``a rule of particular applicability
relating to rates.'' 5 U.S.C. 601(2).
Unfunded Mandates Act of 1995
These rate adjustments impose no unfunded mandates on any
governmental or private entity and are in compliance with the
provisions of the Unfunded Mandates Act of 1995.
Takings (Executive Order 12630)
The Department has determined that these rate adjustments do not
have significant ``takings'' implications. The rate adjustments do not
deprive the public, state, or local governments of rights or property.
Federalism (Executive Order 13132)
The Department has determined that these rate adjustments do not
have significant Federalism effects because they pertain solely to
Federal-tribal relations and will not interfere with the roles, rights,
and responsibilities of states.
Civil Justice Reform (Executive Order 12988)
This notice complies with the requirements of Executive Order
12988. Specifically, this notice does not unduly burden the judicial
system and meets the requirements of sections 3(a) and 3(b)(2) of the
Order.
Paperwork Reduction Act of 1995
These rate adjustments do not affect the collections of information
which have been approved by the Office of Information and Regulatory
Affairs, Office of Management and Budget, under the Paperwork Reduction
Act of 1995. The OMB Control Number is 1076-0141 and expires August 31,
2009.
National Environmental Policy Act
The Department has determined that these rate adjustments do not
constitute a major Federal action significantly affecting the quality
of the human environment and that no detailed statement is required
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370(d)).
Data Quality Act
In developing this notice, we did not conduct or use a study,
experiment, or survey requiring peer review under the Data Quality Act
(Pub. L. 106-554).
Dated: January 16, 2008.
Carl J. Artman,
Assistant Secretary--Indian Affairs.
[FR Doc. E8-2304 Filed 2-7-08; 8:45 am]
BILLING CODE 4310-W7-P
