[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Notices]
[Pages 8969-8970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5130]



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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs


Operation and Maintenance Rate Adjustment: Wapato Irrigation 
Project, Washington

ACTION: Notice of operation and maintenance rate increase.

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SUMMARY: The Bureau of Indian Affairs is changing the assessment rates 
for operating and maintaining the Wapato Irrigation Project for 1996 
and subsequent years. The assessment rates are based on a prepared 
estimate of the cost of normal operation and maintenance of the 
irrigation project. Normal operation and maintenance means the expenses 
we incur to provide direct support or benefit to the project's 
activities for administration, operation, maintenance, and 
rehabilitation. We must include at least:
    (a) Personnel salary and benefits for the project engineer/manager 
and our employees under his management control,
    (b) Materials and supplies,  Major and minor vehicle and 
equipment repairs,
    (d) Equipment, including transportation, fuel, oil, grease, lease 
and replacement,
    (e) Capitalization expenses,
    (f) Acquisition expenses, and
    (g) Other expenses we determine necessary to properly perform the 
activities and functions characteristic of an irrigation project

FOR FURTHER INFORMATION CONTACT: Area Director, Bureau of Indian 
Affairs, Portland Area Office, 911 NE 11th Avenue, Portland, Oregon 
97232-4169, telephone (503) 231-6702.

DATE: This rate is effective for the 1996 irrigation season and all 
subsequent years until modified.

SUPPLEMENTARY INFORMATION: The authority to issue this document is 
vested in the Assistant Secretary of Indian Affairs by 5 U.S.C. 301 and 
the Act of August 15, 1914 (38 Stat. 583, 25 U.S.C. 385). The Secretary 
has delegated this authority to the Assistant Secretary--Indian Affairs 
pursuant to part 209 Departmental Manual, Chapter 8. 1A and Memorandum 
dated January 25, 1994, from Chief of Staff, Department of the 
Interior, to Assistant Secretaries, and Heads of Bureaus and Offices.
    This notice is given in accordance with Section 171.1(e) of part 
171, Subchapter H, Chapter 1, of Title 25 of the Code of Federal 
Regulations, which provides for the Area Director to fix and announce 
the rates for annual operation and maintenance assessments and related 
information of the Wapato Irrigation Project for Calendar Year 1996 and 
subsequent years.
    The purpose of this notice is to announce an increase in the Wapato 
Project assessment rates proportionate with actual operation and 
maintenance costs. The assessment rates for 1996 will amount to an 
increase of 11% for the Wapato Satus Unit A Lands and 21% for B lands 
due to increased storage charges and an 11% increase for the Toppenish-
Simcoe & Ahtanum Units.

Charges for Special Services

    Charges will be collected for various special services requested by 
the general public, water users and other organizations during the 
Calendar Year 1996 and subsequent years until further notice, as 
detailed below:

(1) Requests for Irrigation Accounts and Status Reports, Per 
Report...........................................................$15.00
(2) Requests for Verification of Account Delinquency Status, Per 
Report...........................................................$10.00
(3) Requests for Splitting of Operation and Maintenance Bills (In 
addition to minimum billing fee)
Per Bill.........................................................$10.00
(4) Requests for Billing of Operation and Maintenance to Other than 
Owner or Lessee of Record (in addition to minimum billing fee)
Per Bill.........................................................$10.00
(5) Requests for Other Special Services Similar to the above, when 
appropriate,
Per Report.......................................................$10.00
(6) Requests for elimination of lands from the Project. In the 
event that the elimination is approved, a portion of the fee will 
be used to pay the Yakima County Recording Fee...................$10.00
(7) Review of subdivision plats..................................$10.00

Ahtanum Unit

Charges

    (A) The operation and maintenance rate on lands of the Ahtanum 
Irrigation Unit for the Calendar Year 1996 and subsequent years until 
further notice, is fixed at $10.00 per acre per annum for land to which 
water can be delivered from the project works.
    (B) In addition to the foregoing charges there shall be collected a 
billing charge of $5.00 for each tract of land for which operation and 
maintenance bills are prepared. The bill issued for any tract will, 
therefore, be the basic rate per acre times the number of acres plus 
$5.00. A one acre charge shall be levied on all tracts of less than one 
acre. 

[[Page 8970]]


Toppenish-Simcoe Unit

Charges

    (A) The operation and maintenance rate for the lands under the 
Toppenish-Simcoe Irrigation Unit for the Calendar Year 1996 and 
subsequent years until further notice, is fixed at $10.00 per acre per 
annum for land for which an application for water is approved by the 
Project Engineer.
    (B) In addition to the foregoing charges there shall be collected a 
billing charge of $5.00 for each tract of land for which operation and 
maintenance bills are prepared. The bills issued for any tract will, 
therefore, be the basic rate per acre times the number of acres plus 
$5.00. A one acre charge shall be levied on all tracts of less than one 
acre.

Wapato-Satus Unit

Charges

    (A) The basic operation and maintenance rates on assessable lands 
under the Wapato-Satus Unit are fixed for the Calendar Year 1996 and 
subsequent years until further notice as follows:

(1) Minimum charge for all tracts................................$40.00
(2) Basic rate upon all farm units or tracts for each assessable 
acre except Additional Works lands...............................$40.00
(3) Rate per assessable acre for all lands with a storage water 
rights, known as .b. lands, in addition to other charges per acre
                                                                  $8.00
(4) Basic rate upon all farm units or tracts for each assessable 
acre of Additional Works lands...................................$44.00
(5) Basic rate for each assessable acre of Water Rental Agreement 
Lands............................................................$49.00

    (B) In addition to the foregoing charges there shall be collected a 
billing charge of $5.00 for each tract of land for which operation and 
maintenance bills are prepared. The bill issued for any tract will, 
therefore, be the basic rate per acre times the number of acres plus 
$5.00. A one acre charge shall be levied against all tracts of less 
than one acre.

Payments

    The water charge becomes due on April 1 of each year and are 
payable on or before that date. No water shall be delivered to any of 
these lands until all irrigation charges have been paid.

Interest and Penalty Fees

    Interest and penalty fees will be assessed, where required by law, 
on all delinquent operation and maintenance assessment charges as 
prescribed in the Code of Federal Regulations, Title 4, Part 102, 
Federal Claims Collection Standards; and 42 BIAM Supplement 3, part 3.8 
Debt Collection Procedures.
    The Notice proposing this increase to the Wapato Irrigation 
Project's operation and maintenance assessment rate was published on 
December 21, 1995 (60 FR 66315). A 30-day comment period was allowed. 
The Bureau received 23 comments. All, except one comment, came from the 
Yakima Reservation Irrigation District and its members or the tribe. 
The Bureau held a meeting with the Irrigation District and the tribe on 
February 13, 1996. All issues were fully discussed and the need for the 
increase explained to every one. The one comment from a congressional 
representative was answered directly by the Portland Area office.

    Dated: February 28, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-5130 Filed 3-5-96; 8:45 am]
BILLING CODE 4310-02-P