Rule: Irrigation Operation and Maintenance

11028 Federal Register / Vol. 73, No.
41 / Friday, February 29, 2008 / Rules and Regulations
Why is the Department promulgating it significantly or uniquely affect small PART 42—[AMENDED]
this rule? governments.
1. The authority citation for part 42
In the past, the consular officer at the The Small Business Regulatory continues to read as follows:
post where an alien was registered as a Enforcement Fairness Act of 1996
beneficiary of an immigrant visa Authority: 8 U.S.C. 1104; Pub. L. 105–277,
112 Stat. 2681–795 through 2681–801.
petition was responsible for notifying This rule is not a major rule as
Additional authority is derived from Section
the alien of the termination of the defined by 5 U.S.C. 804, for purposes of 104 of the Illegal Immigration Reform and
immigrant visa registration if the alien congressional review of agency Immigrant Responsibility Act of 1996
failed to pursue the application within rulemaking under the Small Business (IIRIRA) Pub. L. 104–208, 110 Stat. 3546.
one year after being notified that a visa Regulatory Enforcement Fairness Act of
was available. The consular officer 1996, Public Law 104–121. This rule ■ 2. Revise § 42.83(c) to read as follows:
based this notification on information will not result in an annual effect on the § 42.83 Termination of registration.
received from the National Visa Center economy of $100 million or more; a
* * * * *
(NVC). Now, the NVC will make this major increase in costs or prices; or (c) Notice of termination. Upon the
notification directly to the alien. adverse effects on competition, termination of registration under
How does this change affect the alien? employment, investment, productivity, paragraph (a) of this section, the
innovation, or the ability of United National Visa Center (NVC) shall notify
There is no change from the point of States-based companies to compete with
view of the alien. The alien still has the the alien of the termination. The NVC
foreign based companies in domestic shall also inform the alien of the right
ability to apply for reinstatement of the and import markets.
immigrant visa registration. Such to have the registration reinstated if the
application should be sent to the Executive Order 12866 alien, before the end of the second year
National Visa Center and it will be after the missed appointment date if
forwarded to the consular officer at the The Department of State has reviewed paragraph (a) applies, establishes to the
post where the alien was registered, this final rule to ensure its consistency satisfaction of the consular officer at the
under the same conditions as before. with the regulatory philosophy and post where the alien is registered that
principles set forth in Executive Order the failure to apply for an immigrant
Regulatory Findings 12866 and has determined that the visa was due to circumstances beyond
Administrative Procedure Act benefits of the final regulation justify its the alien’s control. If paragraph (b)
costs. The Department does not consider applies, the consular officer at the post
This regulation involves a foreign the final rule to be an economically where the alien is registered shall, upon
affairs function of the United States and, significant action within the scope of the termination of registration, notify
therefore, in accordance with 5 U.S.C. section 3(f)(1) of the Executive Order the alien of the termination and the
553(a)(1), is not subject to the rule since it is not likely to have an annual right to have the registration reinstated
making procedures set forth at 5 U.S.C. effect on the economy of $100 million if the alien, before the end of the second
553. or more or to adversely affect in a year after the INA 221(g) refusal,
Regulatory Flexibility Act/Executive material way the economy, a sector of establishes to the satisfaction of the
Order 13272: Small Business the economy, competition, jobs, the consular officer at such post that the
environment, public health or safety, or failure to present evidence purporting to
Because this final rule is exempt from state, local or tribal governments or overcome the ineligibility under INA
notice and comment rulemaking under communities. 221(g) was due to circumstances beyond
5 U.S.C. 553, it is exempt from the the alien’s control.
regulatory flexibility analysis Executive Orders 12372 and 13132:
requirements set forth at sections 603 Federalism * * * * *
and 604 of the Regulatory Flexibility Dated: February 20, 2008.
Act (5 U.S.C. 603 and 604). Nonetheless, This regulation will not have Maura Harty,
consistent with section 605(b) of the substantial direct effects on the States, Assistant Secretary for Consular Affairs,
Regulatory Flexibility Act (5 U.S.C. on the relationship between the national Department of State.
605(b)), the Department certifies that government and the States, or the [FR Doc. E8–3941 Filed 2–28–08; 8:45 am]
this rule will not have a significant distribution of power and
BILLING CODE 4710–06–P
economic impact on a substantial responsibilities among the various
number of small entities. This regulates levels of government. Nor will the rule
individual aliens who seek have federalism implications warranting
the application of Executive Orders No. DEPARTMENT OF THE INTERIOR
consideration for immigrant visas and
does not affect any small entities, as 12372 and No. 13132. Bureau of Indian Affairs
defined in 5 U.S.C. 601(6). Paperwork Reduction Act
The Unfunded Mandates Reform Act of 25 CFR Part 171
This rule does not impose information
1995 RIN 1076–AD44
collection requirements under the
Section 202 of the Unfunded provisions of the Paperwork Reduction Irrigation Operation and Maintenance
Mandates Reform Act of 1995 (UFMA), Act, 44 U.S.C., Chapter 35.
Public Law 104–4, 109 Stat. 48, 2 U.S.C. AGENCY: Bureau of Indian Affairs,
1532, generally requires agencies to List of Subjects in 22 CFR Part 42 Interior.
prepare a statement before proposing ACTION: Final rule.
rfrederick on PROD1PC67 with RULES
Aliens, Foreign officials, Immigration,

any rule that may result in an annual
Passports and Visas.
expenditure of $100 million or more by SUMMARY: The Department of the
State, local, or tribal governments, or by ■ Accordingly, for the reasons stated in Interior, Bureau of Indian Affairs (BIA)
the private sector. This rule will not the preamble, Title 22 Part 42 is is revising the regulation governing
result in any such expenditure, nor will amended as follows: irrigation projects under its jurisdiction.
VerDate Aug<31>2005 15:40 Feb 28, 2008 Jkt 214001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\29FER1.SGM 29FER1
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Rules and Regulations 11029
The purpose of the revision is to this revision. Consultation meetings and establish the process for updating
provide consistent administration; with the Indian tribes (Tribes) that may practices, policies, and procedures for
establish the process for updating be impacted by this regulation were the administration, operation,
practices, policies, and procedures for held on August 24 and 26, 2004, and maintenance, and rehabilitation of
the administration, operation, May 10 and 12, 2005. These Indian irrigation projects.
maintenance, and rehabilitation of consultation meetings were held in The various subparts of part 171
irrigation projects; and provide uniform accordance with Executive Order 13175. address the applicability of the
accounting and recordkeeping No additional consultation meetings regulation to individual irrigators;
procedures. with Tribes were requested or held definition of relevant terms; the nature
This regulation has also been during the public comment period. and scope of the irrigation service
rewritten in plain English as mandated provided by the BIA; allowable uses of
II. Response to Comments
by Executive Order 12866. It also irrigation water; the responsibilities of
addresses several issues that the prior The Department solicited comments irrigators and the BIA; assessments,
regulation did not cover. from all interested parties through its billing, and collections; record-keeping
DATES: Effective March 31, 2008. publication of the proposed regulation and agreements between BIA and
FOR FURTHER INFORMATION CONTACT: John
in the Federal Register on July 17, 2006 irrigators; and non-assessment status of
Anevski, Chief, Division of Irrigation, (71 FR 40450). In addition, prior to lands within an irrigation project.
Power and Safety of Dams, Office of publication of the proposed regulation,
the BIA held four tribal consultation General Comments
Trust Services, Bureau of Indian Affairs,
1849 C Street, NW., Mail Stop 4655– meetings with affected Tribes on August Comment: Adequacy of Consultation
MIB, Washington, DC 20240; Telephone 24 and 26, 2004, and May 10 and 12, Several commenters expressed
(202) 208–5480. 2005. These meetings were well- concern that there was not adequate
attended and the BIA received valuable formal consultation on the proposed
SUPPLEMENTARY INFORMATION:
input to help develop the proposed regulation. Formal consultations were
I. Background regulation as a result. Transcripts from
II. Response to Comments
held on August 24, 2004 and May 12,
those consultations were used in the 2005 in Phoenix, AZ and on August 26,
III. Subpart-by-Subpart Analysis development of the proposed regulation.
IV. Procedural Requirements 2004 and May 10, 2005 in Billings, MT.
The Department received written All affected Tribes were invited to
I. Background comments from one individual and attend each of the four formal
This regulation is issued under the three tribes. The comments included consultation meetings, and all of the
Secretary of the Department of the both general and specific criticisms and meetings were well-attended. The BIA
Interior’s (Secretary) authority to suggestions. The comments were indicated its willingness to host
administer Indian irrigation projects carefully reviewed by the regulation consultations for individual affected
under 25 United States Code (U.S.C.) drafting team made up of BIA Tribes or additional consultations with
381 et seq. This revised regulation employees from Central Office and groups of Tribes upon request. None of
clarifies prior regulatory language, in attorneys from the Office of the the affected Tribes requested additional
keeping with the ‘‘plain English’’ Solicitor. Depending on their merit, the consultation meetings. Two of the
standard required by Executive Order Department accepted, accepted with commenters stated that the Walker River
12866. In revising this regulation, revision, or rejected comments made on Paiute Tribe was not notified of the
redundant or unnecessary sections of each part of the regulation. Some of the consultation meetings and thus could
the existing part 171 of Title 25 of the comments included copies of previously not participate. However, BIA records
Code of Federal Regulations (CFR) were submitted comments which were indicate that the Walker River Paiute
identified and deleted. New sections related to earlier versions of the Tribe was notified of all four formal
were also added to comply with the proposed regulation. Because the 2006 consultations meetings, and in fact,
Inspector General’s (IG) audit findings proposed regulation was significantly three representatives from the Walker
and to implement the provisions of the different from earlier versions, those River Paiute Tribe attended the May 12,
Debt Collection Improvement Act of earlier comments are not specifically 2005 consultation meeting held in
1996. For example, several IG audits, addressed here; however, those earlier Phoenix, AZ. One commenter noted that
the most recent in 1996 (96–I–641), comments were carefully considered in a water user meeting held on her
identified a management deficiency developing the latest version of the reservation two months after
concerning full cost rates for operation regulation. As noted in the part-by-part publication of the proposed rule did not
and maintenance. Also, the Debt analysis below, certain sections of the constitute adequate formal consultation.
Collection Improvement Act established regulation have been clarified in direct The meeting this commenter referred to
new procedures to manage moneys response to comments. Additionally, was held on the Walker River Paiute
owed the Federal Government. This some language has been deleted or Reservation on September 28, 2006. The
regulation addresses both of these added to provide for increased clarity purpose of water user meetings is for the
issues. and precision. Substantive comments local BIA irrigation project to consult
The proposed revisions to 25 CFR part are summarized below. with the project stakeholders on project-
171 were first published on July 5, 1996 III. Subpart-by-Subpart Analysis specific operations, maintenance,
(61 FR 35167). Based on the length of budget, rates, and related matters. This
time that has passed and changes to the 25 CFR Part 171—Irrigation Operation meeting was not held for the purpose of
earlier proposed regulation, these and Maintenance (O&M) consulting with Tribes on the proposed
proposed revisions were published for The purpose of this regulation is to revision to Part 171. One commenter
public comment on July 17, 2006 (71 FR provide consistent administration of noted that the consultations did not
40450) with a 120-day public comment irrigation projects under the jurisdiction address project-specific operating
period that ended on November 14, of the BIA; establish uniform accounting guidelines and were therefore
2006. The re-publication provided a and recordkeeping procedures for the inadequate. Consultations were held for
fresh start to the rulemaking process for assessment of irrigation O&M charges; this proposed regulation. The
11030 Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Rules and Regulations
establishment of operating guidelines charges. The commenter urged the BIA in major increases in rates in the near
specific to the individual irrigation to delay issuance of the regulation until future. However, there is a potential that
projects is distinct from this rule- that litigation is decided. The litigation this regulation could result in
making process. The BIA will be referenced—Confederated Tribes and appreciable rate increases in the long-
consulting with Tribes and water users Bands of the Yakama Nation v. United term. This regulation makes no change
in the development of individual project States, No. CV–06–3032–LRS (E.D. to the present method of establishing
operating guidelines. No change was Wash.)—was dismissed on procedural rates for irrigation projects. The
made to the regulation to address these grounds in December 2006. The Yakama regulation more clearly states the
comments. Nation’s request for reconsideration was process the BIA has always used to
denied in February 2007. The Yakama calculate rates. The underlying statutory
Comment: Timing of Issuance of Final
Nation has served notice of appeal to authority to charge irrigation O&M
Regulation
the Ninth Circuit Court of Appeals assessments remains unchanged under
One commenter stated that the purely on the procedural issues, and the regulation. No change was made to
regulation should not be finalized until briefs were filed during the summer of the regulation to address these
after the BIA proposes and discusses 2007. If the courts were ever to address comments.
new project-specific operating the substantive issues raised in the
guidelines. The commenter stated that litigation it could be years until a Comments: BIA Authority To Assess
studies should be undertaken to judicial resolution would be obtained. Irrigation O&M Charges
determine how the regulation will affect Thus, the BIA does not believe it would Several of the commenters questioned
the BIA’s ability to protect and manage be prudent to delay issuance of the the scope of the BIA’s authority to
Indian land and water. The regulation on that basis. charge irrigation O&M assessments. The
establishment of project-specific comments came in various forms, some
operating guidelines is distinct from this Comments: Plain English
more general in nature and others more
rule-making process. This regulation Some commenters stated that the specific to other parts of the regulation,
will guide the development of the change to ‘‘plain English’’ particularly subpart E—Financial
project-specific guidelines, not the other oversimplified technical concepts and Matters, Billing, and Collections.
way around. The regulation will not made the regulation vague and less General and cross-cutting comments are
affect the BIA’s ability to protect and precise, and therefore more difficult to addressed here, while more specific
manage Indian land and water. These understand, than the existing Part 171. comments are addressed below under
regulations are intended to enhance our While some commenters stated the
the appropriate headings.
ability to protect, manage, and operate regulation is too simple, other
irrigation projects by providing new commenters asserted that the regulation One commenter seemed to believe
mechanisms for projects to begin was too complex and used too much that the regulation created new
addressing long-standing irrigation ‘‘bureaucratic jargon.’’ The proposed authority for the BIA to fully recover its
issues. Additionally, the project-specific rule was written in ‘‘plain English’’ to O&M costs for Indian irrigation projects
operating guidelines are intended to comply with Executive Order 12866. in a way that it previously could not.
provide additional and more specific Every attempt was made to make the Under 25 U.S.C. 381 et seq., the BIA is
guidance for individual projects within regulation clear and easy to read, while authorized to recover the full cost of
the overarching regulations. Thus, it is not oversimplifying technical issues. operation and maintenance of its
necessary to finalize this proposed The commenters did not provide any irrigation facilities. This underlying
regulation first before developing the alternate language or suggestions for statutory authority to assess irrigation
more detailed, project-specific operating making this rule easier to understand. O&M charges remains unchanged under
guidelines. In response to the comment No change was made to the regulation the proposed regulation. No change was
suggesting that BIA study the impact of to address these comments. made to the regulation to address these
these regulations prior to finalizing the comments.
Comments: Small Business Regulatory Two commenters read 25 U.S.C. 385
rule, BIA’s irrigation program and the
Enforcement Fairness Act (SBREFA) and the statutes it codifies to impose a
existing proposed regulation have
already been the subject of numerous Several commenters expressed requirement that the BIA first determine
studies, including General Accounting concern about the statement in the an individual’s ability to pay irrigation
Office (GAO) reports and IG audits. The proposed regulation regarding the Small O&M charges before setting rates and
overall impact of the revisions to the Business Regulatory Enforcement assessing charges. One of the
regulation are relatively minor. Fairness Act (SBREFA) and the commenters also suggested that the
Redundant or unnecessary sections potential for rate increases. The BIA parcel of land on which the assessment
were deleted. New sections were added stated that this regulation will not have is based must also have the ability to
to comply with the Debt Collection an annual effect on the economy of $100 produce adequate income to pay
Improvement Act, better define what million or more. Although Indian irrigation O&M assessments. These
items should be included in project irrigation projects are significant comments misconstrue the Act of
budgets for better rate setting, improve components of reservation economy, August 14, 1914 and 25 U.S.C. 385. The
lands within the irrigation projects by this regulation will not significantly Secretary’s authority to set O&M charges
using incentive agreements, and grant change the economy, productivity, or and collect irrigation assessments is not
Annual Assessment Waivers when BIA investment opportunities of State, local, subject to a determination of an
cannot deliver water to farm units. No or tribal governments or communities individual’s ability to pay or the ability
change was made to the regulation to on the affected reservations. Nor will of a particular parcel of land to produce
address these comments. this regulation cause a major increase in adequate income. The ability to pay
One commenter noted that the costs or prices for consumers, language in both the 1914 Act and 25
Yakama Nation has a pending lawsuit in individual industries, or governments. U.S.C. 385 refers only to repayment of
federal district court against the United This regulation does not increase construction costs. No change was made
States that questions the scope of BIA’s irrigation O&M assessment rates, and to the regulation to address these
authority to assess irrigation O&M this regulation is not expected to result comments.
Comments: Trust Responsibility Bureau of Reclamation has reviewed In the ‘‘authority’’ portion of the
All of the commenters addressed the this regulation. Changes to the BIA regulation, located just above Subpart A
United States’ trust responsibility to irrigation regulation will have no impact in the Federal Register notice, the
Indian tribes to some degree. Some on the Yakima Project. No change was authorities for all components of the
questioned whether the regulation made to the regulation to address these regulation are listed. 25 U.S.C. 381 et
undermined the trust responsibility in comments. seq. provide statutory authority for an
any way, while others asserted a need annual assessment waiver and for
Comment: Indian Lands in Probate
for the regulation to expressly carriage agreements. No change was
One commenter recommended that made to the regulation to address these
incorporate more safeguards to protect
the regulation include an O&M comments.
trust resources. Nothing in this
assessment exemption for Indian lands One commenter asked whether Tribes
regulation alters the BIA’s responsibility
in probate. There is currently a process will have any input into the
regarding irrigation projects and related
in place to resolve assessment of O&M determination of farm unit size, and
resources. Instead, this regulation
addresses how the BIA administers its on lands in probate outside the scope of another commenter asked where the
irrigation projects. Some commenters this regulation. The process is covered BIA’s definition of a farm unit is.
also asserted that there is a trust in 25 CFR Part 15, Probate of Indian Additionally, one commenter stated that
responsibility to provide irrigation Estates, and the BIA Irrigation the regulation fails to state what
service, and one commenter felt that Handbook, Section 12.3.7 Estates/ happens if a farm unit is subdivided. If
such a trust responsibility required the Probates. No change was made to the the farm unit size is not defined in a
BIA to charge Indian farmers a different regulation to address these comments. project’s authorizing legislation, it will
(lower) rate than non-Indian farmers. be defined in the project-specific
Comment: Idle Lands on the Yakama
The BIA does not have a trust obligation operating guidelines, and the BIA will
Reservation
to operate and maintain its irrigation be consulting with Tribes and water
One commenter stated that the users in the development of these
projects. See, e.g., Grey v. United States,
regulation must study how the proposed operating guidelines. With regard to
21 Cl. Ct. 285 (1990), aff’d, 935 F.2d 281
regulation would help alleviate the idle subdivision of farm units, 25 CFR
(Fed. Cir. 1991), cert. denied, 502 U.S.
lands problem on the Yakama 171.225 describes what must be done to
1057 (1992). No change was made to the
Reservation. The overall idle receive irrigation service to a
regulation to address these comments.
agricultural lands issue is a function of subdivided farm unit. No change was
Comment: Protection of Trust Resources the BIA’s Real Estate Services program. made to the regulation to address these
One commenter stated that the The regulation at 25 CFR 171.610 comments.
regulation must incorporate safeguards provides an avenue by which the BIA, One commenter stated that an
to protect trust resources. 25 CFR at the project level, may provide incentive agreement should allow for
171.110 describes how the BIA will incentives to help alleviate some of the irrigation water delivery at no or
administer its irrigation facilities. idle lands issues. Furthermore, the BIA reduced O&M cost for the period of time
Protection of trust resources is looks forward to working with Tribes to required to realize the full agricultural
addressed by other statutes or explore the various options available for potential of the previously idle parcel.
regulations specific to the resource at addressing the longstanding idle lands The commenter also added that he
issue. No change was made to the issue, such as through the individual believed that BIA lacked authority to
regulation to address these comments. project operating guidelines. No change assess O&M if the parcel is not
was made to the regulation to address producing adequate funds to pay O&M.
Comment: Impacts on the Flathead this comment. 25 CFR 171.610(a)(4) allows for the
Indian Irrigation Project Turnover delivery of water under an incentive
Subpart A—General Provisions agreement, the terms of which would be
One commenter expressed concern
that the regulation could impact the One comment asked that the BIA described in the agreement. As
transfer of operations and management retain 25 CFR 171.1(b) from the existing discussed above, the law does not
of the Flathead Indian Irrigation Project. version of 25 CFR part 171, which require the BIA to determine or consider
This regulation will have no impact on provided authority for the Officer-in- either an individual’s ability to pay or
the transfer process, which is being Charge to waive portions of the the economic viability of the irrigated
undertaken pursuant to specific regulations, particularly for small parcel when setting irrigation O&M
statutory authority. The terms and subsistence units and gardens. This assessment rates. No change was made
conditions of the transfer, which are provision was removed in order to avoid to the regulation to address these
currently being negotiated and conflicts with Departmental Delegations comments.
developed, will address how the of Authority and to provide consistent One commenter stated that the
Flathead Indian Irrigation Project will application of regulations across all definition of incentive agreement
be operated and managed after transfer. irrigation projects. No change was made should include a reference to the
After transfer, this regulation will no to the regulation to address these statutory authority for the concept. In
longer apply to the Flathead Indian comments. the ‘‘authority’’ portion of the
Irrigation Project because it will no Three commenters had various regulation, located just above Subpart A
longer be operated by the BIA. No suggestions, questions, or concerns with in the Federal Register notice, the
change was made to the regulation to some of the definitions in Section authorities for all components of the
address these comments. 171.100. Those comments are addressed regulation are listed. 25 U.S.C. 381 et
in the following paragraphs. seq. provide statutory authority for an
Comment: Impacts on Other Department With regard to the definition of the incentive agreement. No change was
Bureaus and Offices annual assessment waiver and carriage made to the regulation to address these
One commenter stated that the agreement, one commenter stated that comments.
regulation has the potential to impact there was no reference to statutory One commenter thought the
the operation of the Bureau of authority for waiving annual O&M definition of incentive agreement failed
Reclamation’s Yakima Project. The assessments or for carriage agreements. to adequately define ‘‘improve idle
lands.’’ In response to that comment, referenced items can be obtained from Subpart C—Water Use
Section 171.610(a)(1) has been amended the irrigation project serving you. One commenter expressed concern
to include the language ‘‘* * * other Another commenter stated that his that allowing the BIA to provide
activities that will improve idle lands to irrigation project is not safely or reliably leaching service under Section 171.305
a condition that supports authorized use operated or rehabilitated. The may not be a beneficial use under some
of delivered water.’’ commenter asked when, under the water right decrees, tribal water codes,
One commenter stated that where proposed Section 171.110(a), his project or water use statutes. The commenter
neither tribal nor individual water rights would be rehabilitated. The physical expressed a similar concern with regard
have been quantified, there can be no state of the BIA’s irrigation projects is to the BIA’s authority to deliver
such thing as a supplemental water. directly related to BIA’s historic domestic water and stock water under
Given that issue, the commenter was inability to recover the full cost of Section 171.310. Another commenter
concerned with the legality of the operating and maintaining its irrigation stated that the BIA was required to
concept of supplemental water. If a projects. This regulation is intended to
water duty has not been established for deliver domestic and stock water to the
improve the BIA’s cost recovery. No Walker River Paiute Tribe pursuant to a
an irrigation project, then supplemental change was made to the regulation to
water does not apply at that irrigation court decree. This regulation takes into
address these comments. consideration water rights and related
project. No change was made to the One commenter stated that the
regulation to address these comments. considerations under Section 171.205,
consultation referenced in Section which states that ‘‘[t]he amount of water
One commenter thought the 171.110(b) is a mandatory trust
definition of total assessable acres you receive will be based on your
responsibility and that consulting only request, your legal entitlement to water,
should include special provisions for
when appropriate or when time allows and the available water supply.’’
how O&M charges are assessed on the
is insufficient. Consultation with Indian Furthermore, Section 171.110 describes
Toppenish-Simcoe Unit of the Wapato
tribes is a government-wide policy, not how BIA will administer its irrigation
Irrigation Project. The BIA has
a trust responsibility per se. As stated in facilities, which is by enforcing the
specifically addressed this issue with
the proposed rule, the BIA will consult applicable statutes, regulations, water
the Yakama Nation by letter of June 2,
with the Tribes and the BIA agrees that rights decrees, and similar legal
2006, from Michael Olsen, Principal
consultation is possible and desirable. requirements, which may mandate
Deputy Assistant Secretary-Indian
No change was made to the regulation ‘‘not’’ delivering leaching water or
Affairs to Honorable Louis Cloud. The
to address these comments. permitting delivery of domestic or stock
BIA intends to include in the revised
Project Operations and Maintenance A number of commenters expressed water in some cases. No change was
Guidelines a provision substantially concern about Section 171.125, which made to the regulation to address these
similar to the current 25 CFR addresses appeals of the BIA’s decisions comments.
171.19(a)(2). Furthermore, project- on irrigation projects. The regulation as One commenter stated that Section
specific provisions were removed from proposed was unclear and potentially in 171.305(a)(3) is a departure from the
the regulation as part of the effort to conflict with the 25 CFR Part 2. Section status quo, contrary to practices
create a consistent set of rules 171.125(b) has been amended to address necessary in some cases to rehabilitate
applicable to all BIA irrigation projects. these comments, provide clarity, and idle land within an irrigation project,
No change was made to the regulation ensure consistency with the appeals and inconsistent with the law. The
to address these comments. process set forth in 25 CFR Part 2. regulation is not a departure from the
The definition of wastewater Subpart B—Irrigation Service status quo. Under former Section 171.17
concerned one commenter. The and now under Sections 171.545 and
commenter stated that the regulation One commenter suggested that the 171.550, irrigation services are not
should require water users to control regulation provide some authority to provided until the annual O&M
return flows. In response to this enable tiered O&M assessment rates on assessment is paid or there is an
comment, both the definition of irrigation facilities to enable the projects approved payment plan in place. The
wastewater and the regulation at Section to set rates based on quantity of water regulation accounts for rehabilitation of
171.230 have been amended delivered to farm units. Rates for idle land. Section 171.610(a)(4) allows
accordingly. irrigation O&M are based on the cost of for the delivery of water under an
One commenter stated that the BIA providing irrigation service, not on incentive agreement, the terms of which
must specifically list each document water quantity. Nothing in these could include delivery of water for the
referenced in Section 171.110. Section proposed regulations prohibits purposes of leaching without charge.
171.110 references a broad array of laws, individual projects from establishing Section 171.305(a)(3) is consistent with
regulations, and policy documents too various rates consistent with section existing law. As discussed elsewhere in
numerous to list. Furthermore, many of 171.110. No change was made to the these responses to comments, the law
these items would be specific to regulation to address these comments. does not require the BIA to determine or
individual irrigation project and thus With regard to Section 171.230, one consider either an individual’s ability to
would be inappropriate to reference in commenter stated that the BIA should pay or the economic viability of the
a regulation of general applicability. The pay for the cost of improvements on irrigated parcel when setting irrigation
same commenter also noted that the Indian lands to make drainage water O&M assessment rates. The BIA has the
regulation should state where such collection systems adequate. Where authority to deny irrigation service if
documents could be obtained. A listing, adequate funds exist to improve O&M charges are not paid. No change
along with copies of the pertinent irrigation infrastructure, the BIA will was made to the regulation to address
documents, will be made available in make improvements. No change was these comments.
the National Irrigation Handbook and made to the regulation in response to

the O&M guidelines specific to this comment. However, Section Subpart D—Irrigation Facilities
individual projects. To address this 171.230 has been amended in response One commenter stated that the BIA
comment, Section 171.110(a) has been to comments regarding the definition of had no legal authority for Section
amended to reflect that copies of the wastewater in Section 171.100. 171.400(b) because the BIA has a trust
responsibility to provide adequate Subpart E—Financial Matters taken from the Act of August 1, 1914,
irrigation infrastructure, including One commenter expressed concerns Public Law 63–160, 38 Stat. 582, 583
necessary private structures to allow that under Section 171.500, BIA would (1914). In addition to authorizing the
access to irrigation water. The abuse its authority and add Secretary to set and assess O&M rates on
commenter added that, at the least, the unreasonable costs into the calculation irrigation projects, the 1914 Act also
BIA must engage in consultation before of its irrigation rates because the rates appropriated a lump sum of money to
any structures are built. As noted above, are based on cost estimates rather than use for construction of irrigation
the operation and maintenance of actual costs. The commenter was projects. The second provision of 25
irrigation projects is not a trust particularly concerned about the U.S.C. 385, regarding reimbursement of
responsibility. The BIA is committed to potential for fraud, waste, and error. The construction costs where Indians have
engaging in meaningful tribal commenter also asked how the public the ability to pay, only applies to the
consultation when appropriate. If the can obtain irrigation project cost construction money appropriated in the
1914 Act and does not relate to the
circumstances warrant tribal information used to calculate rates. The
Secretary’s O&M rate-setting authority.
consultation, the BIA will consult with Secretary of the Interior has previously
25 U.S.C. 386a refers only to
the affected tribe(s). No change was determined under the existing Section
construction charges and is not
made to the regulation to address these 171.1(f) ‘‘that rates will be based on a
applicable to this regulation, which only
comments. carefully prepared estimate of the cost
addresses O&M charges. 25 U.S.C. 389
of the normal O&M of the project.’’
One commenter objected to Section authorizes the Secretary to investigate
Furthermore, because O&M assessment
171.400(c) to the extent it suggests that whether non-Indians have the ability to
rates are set a year in advance to give
the BIA can bill tribal members for costs pay irrigation charges. Based on the
adequate notice to irrigators, it is
relating to trust or Indian-owned fee outcome of such an investigation, the
necessary to calculate the proposed Secretary has discretion to adjust
land within an irrigation project. rates based on an estimate of the costs
Section 171.400, in its entirety, irrigation charges, but nowhere does the
for the upcoming year. These figures are law require that an individual’s ability
describes who is responsible for typically indexed based on actual costs
structures on a BIA irrigation project. to pay be factored into the irrigation
from previous years. There is rate-setting process. No change was
Section 171.405 describes the process opportunity for the public to comment
which an individual or group must go made to the regulation to address these
on the proposed rates published comments.
through to become responsible for an annually in the Federal Register before Two commenters stated that Sections
irrigation project structure ‘‘which is they become final. Actual costs of 171.500 and 171.505 violated the BIA’s
under a written agreement between you operation and maintenance activities are trust responsibility to Indians. As stated
and us.’’ No change was made to the available from the irrigation facility above, the operation and maintenance of
regulation to address these comments. servicing your farm unit. No change was BIA irrigation projects is not a trust
One commenter asked that Section made to the regulation to address these responsibility. See, e.g., Grey v. United
171.405 be removed. The commenter comments. States. With regard to comments about
stated that authorizing individuals to One commenter thought that Section protection of trust resources that might
take control of irrigation project 171.500(a) included a number of costs be affected by the operation and
structures could interfere with the that should not be used in calculating maintenance of irrigation projects, the
property rights of individuals or tribes rates. The commenter feared that proposed regulation in no way changes
owning property underlying the inclusion of items such as depreciation, the BIA’s responsibility regarding
irrigation project facilities and could acquisition costs, and other costs would irrigation projects and related resources.
lead to unequal treatment between lead to unreasonably high and No change was made to the regulation
unjustifiable rates. The BIA has to address these comments.
water users on a project. The BIA
established rates based on the average One commenter suggested that the
disagrees. One commenter believed that
per acre cost of all activities involved in amount of any rate increase should be
Sections 171.405 and 171.410
delivering irrigation water and limited from year-to-year to no more
contradicted Section 171.415 and,
maintaining facilities. This regulation than the rate of inflation. Because the
accordingly, suggested that the
does not change that practice; rather, it actual cost of O&M may or may not
regulation should be revised to require more specifically identifies those items coincide with inflation, this regulation
the BIA to protect the irrigation facilities included in determining the annual does not limit O&M rate increases to
from encroachment. Section 171.405 costs. Actual costs of O&M activities are annual inflation rates. No change was
provides that authorization to take available from the irrigation facility made to the regulation to address these
control of a structure requires a written servicing your farm unit. No change was comments.
agreement with the BIA. Revocable made to the regulation to address these One commenter objected to Section
encroachment permits do not transfer comments. 171.505(d), which provides that some
ownership. The requirement of a written Two commenters stated that the BIA projects may charge a minimum O&M
agreement qualifies the ability of an should calculate O&M assessments assessment. The commenter objected to
individual to build or assume based on an individual farmer’s ability owners of small fractionated parcels
responsibility of a structure. Such to pay under 25 U.S.C. 385, 386a, and being charged for irrigation service and
written agreements will ensure that 389. Under these statutes, the recommended, at a minimum, that this
individual property rights are not Secretary’s authority to set O&M charges section not apply to trust or allotted
infringed upon. The BIA has determined is not subject to a determination of an land. The commenter also claimed there
that there are no inconsistencies in individual’s ability to pay. As stated was no legal basis for the minimum
these sections, especially when above in these responses, the ‘‘ability to charge concept and stated that the BIA
examined in concert with the definition pay’’ provision included in 25 U.S.C. cannot charge O&M assessments where
of obstruction in Section 171.100. No 385 refers only to repayment of the land is not producing adequate
change was made to the regulation to construction costs. 25 U.S.C. 385 funds to pay O&M assessments. This
address these comments. codifies several separate provisions provision only applies to irrigation
projects that establish a minimum Several commenters expressed IV. Procedural Requirements
assessment. The authority to establish a concern about Section 171.575, in
A. Review Under Executive Order 12866
minimum charge is inherent in the which the proposed regulation stated
Secretary’s statutory authority to charge that the BIA could change O&M rates This regulation updates an existing
O&M assessments on Indian irrigation without first notifying irrigators if regulation and is not a significant rule
projects. See 25 U.S.C. 381 et seq. uncontrolled costs arose. Commenters under Executive Order 12866.
Contrary to the assertion of the were concerned that the proposed (1) This regulation will not have an
commenter, the BIA can charge a language was overly broad and should effect of $100 million or more on the
minimum O&M assessment regardless of be limited to emergency situations when economy. It will not adversely affect in
the whether the land produces adequate structural failures threatened property, a material way the economy,
funds to pay the assessment. No change public safety, or the ability of the BIA productivity, competition, jobs, the
was made to the regulation to address to deliver water to a majority of an environment, public health or safety, or
these comments. irrigation project. In response to these state, local, or tribal governments or
One commenter noted that Section concerns, Section 171.575 has been communities. This is an existing
171.510 failed to specify which revised to provide for special regulation that is being updated and
irrigation projects distribute assessments only when urgencies arise. revised to implement the Inspector
supplemental water. Such information Rates cannot be changed without notice. General’s audit findings and the Debt
will be available in the project-specific Special assessments are now defined in Collection Improvement Act of 1996.
operating guidelines. This information (2) This regulation will not create a
the regulation at Section 171.100. The
was purposefully left out of the serious inconsistency or otherwise
term ‘‘urgency’’ is defined in Section
regulation because it is potentially interfere with an action taken or
171.100 as ‘‘a situation that we have
subject to change at individual projects planned by another agency. The
determined may adversely impact our
as water rights are determined and irrigation projects impacted by these
irrigation facilities, operation, or other
settled. No change was made to the revisions are solely owned by the BIA
irrigation activities; affect public safety;
regulation to address these comments. and no other agency provides
Section 171.515 prompted one damage property or equipment.’’
supplemental services or is impacted by
commenter to state that the BIA needs Subpart F—Records, Agreements, and the operation of these projects.
to send bills to the water users before Other Matters (3) This regulation does not alter the
the irrigation season starts so that budgetary effects of entitlements, grants,
farmers have an adequate amount of One commenter raised concerns about user fees, or loan programs or the rights
time to pay. Because each irrigation Section 171.610. The comments are or obligations of their recipients. The
project sends out its own bills, this addressed above in the discussion of user fees or assessments that the BIA
comment is most appropriately directed incentive agreements under Section establishes at each irrigation project to
to the individual irrigation projects. No 171.100. No change was made to the recover its costs will eventually be
change was made to the regulation to regulation to address this comment. impacted as the BIA reviews its rates
address these comments. and strives to implement full cost rates.
One commenter objected to Section Subpart G—Non-Assessment Status (4) This rule does not raise novel legal
171.540. No rationale was provided for or policy issues. No new authorities or
One commenter objected to Section
the objection. To conform to the Debt policies are being established.
171.705 because it places the burden on
Collection Improvement Act of 1996,
the land owner to apply for an annual B. Review Under the Regulatory
collection of the information specified
assessment waiver. The commenter Flexibility Act
in the regulation is necessary. No
change was made to the regulation to stated that Section 171.705 is unfair
The Department of the Interior
address these comments. because the United States, as trustee, is
certifies that this regulation will not
One commenter objected to Section placing a burden on the trust beneficiary
have a significant economic effect on a
171.545 because it does not account for to seek relief from O&M charges. The
substantial number of small entities
whether the Indian-owned land purpose of Section 171.705 is to help
under the Regulatory Flexibility Act (5
produces adequate funds to pay the address the problem of areas of an
U.S.C. 601 et seq.). An initial Regulatory
O&M charges. As discussed above, the irrigation project within the constructed Flexibility Analysis is not required
BIA can charge a minimum O&M works where, for whatever reason, water because Indian tribes are not considered
assessment regardless of the whether the cannot be delivered. The annual to be small entities for purposes of this
land produces adequate funds to pay the assessment waiver provides a Act.
assessment. The BIA does not consider mechanism for waiving the O&M
an individual’s ability to pay or the assessment, eliminating the need for an C. Review Under the Small Business
ability of the land to produce adequate expensive and time-consuming process Regulatory Enforcement Fairness Act
funds when it sets O&M rates and to appeal a bill which has already been (SBREFA)
charges assessments. No change was issued. It also provides an incentive for This regulation is not a major
made to the regulation to address these an irrigation project to repair or regulation under 5 U.S.C. 804(2), the
comments. rehabilitate infrastructure to obtain SBREFA. This regulation:
One commenter suggested that water assessment monies. Additionally, it (1) Does not have an annual effect on
users should be notified individually would provide relief to the water user the economy of $100 million or more.
through the mail of all proposed rate during the time it takes for lands to be The total revenue stream for the
changes instead of through the Federal re-designated to Temporarily or operation and maintenance of all BIA
Register as is provided in Section Permanently Non-Assessable status if so irrigation projects is approximately $25
171.565. It would not be practical for warranted. With regard to the notion of million annually. This is below the $100
the BIA to notify each of its water users unfairness based on a trust relationship, million threshold.
individually, nor is such notice required as stated above, the operation and (2) Will not cause a major increase in
by law. No change was made to the maintenance of BIA Irrigation Projects is costs or prices for consumers,
regulation to address these comments. not a trust responsibility. individual industries, Federal, state, or
local government agencies, or shortfall in supply, price increases, and Department about the potential effects
geographic regions. These revisions increase use of foreign supplies). This of this regulation on Indian Tribes.
establish a procedure for identifying full regulation impacts irrigation projects Other Department bureaus and offices
cost rates for BIA irrigation projects. that have little or no energy supply are not affected by this rule.
This is not expected to cause major issues. The BIA irrigation projects are vital
increases in the near future. However, components of the local agricultural
there is a potential that this could result G. Review Under Executive Order 13132
economy of the reservations on which
in appreciable rate increases in the long- In accordance with Executive Order
they are located. To fulfill its
term for those served by BIA irrigation 13132, the regulation does not have
sufficient federalism implications to responsibilities to the Tribes, tribal
projects.
(3) Does not have significant adverse warrant the preparation of a Federalism organizations, water user organizations,
effects on competition, employment, Assessment because they will not and the individual water users, the BIA
investment, productivity, innovation, or interfere with the roles, rights, and communicates, coordinates, and
the ability of U.S.-based enterprises to responsibilities of states. consults on a continuing basis with
compete with foreign-based enterprises. these entities on issues of water
H. Review Under Executive Order 12988 delivery, water availability, costs of
BIA irrigation projects are generally
small and have minimal impacts on the In accordance with Executive Order administration, operation, maintenance,
economy. The projects are not in 12988, the Office of the Solicitor has and rehabilitation. This is accomplished
competition with other entities since determined that this regulation does not at the individual irrigation projects by
they are located on reservations that are unduly burden the judicial system and project, agency, and regional
under the purview of the Department of meets the requirements of sections 3(a) representatives, as appropriate, in
the Interior, Bureau of Indian Affairs. and 3(b)(2) of the Order. accordance with local protocol and
procedures. The BIA Central Office held
D. Review Under the Unfunded I. Review Under the National four consultation meetings for Tribes
Mandates Reform Act Environmental Policy Act (NEPA) and tribal members. Consultation
This regulation does not impose an This regulation does not constitute a meetings were held on August 24, 2004
unfunded mandate on state, local, or major Federal action significantly and May 12, 2005 in Phoenix, Arizona,
tribal governments or the private sector affecting the quality of the human and on August 26, 2004 and May 10,
of more than $100 million per year. The environment and no detailed statement 2005 in Billings, Montana.
regulation does not have a significant or is required under the National
unique effect on state, local, or tribal K. Review Under Paperwork Reduction
Environmental Policy Act of 1969 (42
governments or the private sector. The Act of 1995
U.S.C. 4321–4370(d)).
BIA irrigation projects are located on These regulation revisions affect the
J. Review Under Executive Order 13175
reservations that are under the purview collection of information, which has
of the Department of the Interior, In accordance with the President’s been approved by the Office of
Bureau of Indian Affairs. A statement memorandum of April 29, 1994, Information and Regulatory Affairs,
containing the information required by ‘‘Government-to-Government Relations Office of Management and Budget,
the Unfunded Mandates Reform Act (2 with Native American Tribal under the Paperwork Reduction Act of
U.S.C. 1531 et seq.) is not required. Governments’’ (59 FR 22951), Executive 1995 with the OMB Control Number
Order 13175, and 512 DM 2, we have 1076–0141, expiring August 31, 2009.
E. Review Under Executive Order 12630 identified potential effects on Indian
In accordance with Executive Order trust resources and they are addressed The Bureau of Indian Affairs operates
12630, the regulation does not have in this rule. Consultation meetings have 15 irrigation projects that provide
significant takings implications. The been held with the affected Tribes. irrigation services to the end user. The
regulation revisions do not deprive the Accordingly: information we collect enables us to
public, state, or local governments of (1) We have consulted with the properly bill for the services we provide
rights or property. A takings implication affected Tribes. by collecting information that identifies
assessment is not required. (2) We have consulted with Tribes on the individual responsible for paying
a government-to-government basis and the costs of the services. Some of the
F. Review Under Executive Order 13211 the consultations have been open and information is needed to satisfy the
In accordance with Executive Order candid so that the affected Tribes could requirements of the Debt Collection
13211, this regulation does not have a fully evaluate the potential impact of Improvement Act of 1996. The table
significant effect on the nation’s energy the rule on trust resources. addresses the services available, the
supply, distribution, or use. The (3) We have considered tribal views in number of users, the burden for each, as
revision to 25 CFR part 171 will have no the final regulation. well as the yearly total and the sections
adverse effects on energy supply, (4) We have not consulted with the in the rule that apply to the collection
distribution, or use (including a other bureaus and offices of the items.
Salary per
Number of hour ($20) ×
Hourly burden
CFR section respondent Total annual all respondent
Service to respondent
171 requests burden hours requests = an-
per request annually nual cost bur-
den
Requesting irrigation service ............................................. 200/600 0.5 26,156 13,078 $261,560

Subdividing a farm unit ...................................................... 225 4 1 4 80
Requesting leaching service .............................................. 305 1 40 40 800
Requesting water for domestic or stock purposes ............ 310 .3 474 142 2,840
Building non-government structures in BIA rights-of-ways 405 3 67 201 4,020
Installing a fence on BIA property or rights-of-ways ......... 410 1.5 52 78 1,560
Salary per
Number of hour ($20) ×
Hourly burden
CFR section respondent Total annual all respondent
Service to respondent
171 requests burden hours requests = an-
per request annually nual cost bur-
den
What information must be provided for billing purposes ... 530 0.2 500 100 2,000
Requesting payment plans on bills .................................... 550 2 126 252 5,040
Establishing a carriage agreement (carrying third party
water through our facilities to your lands) ...................... 605 1 3 3 60
Negotiating an irrigation incentive lease with the BIA ....... 610/615 6 21 126 2,520
Requesting annual assessment waiver ............................. 710/715 1 135 135 2,700
Annual totals ............................................................... ........................ .......................... 27,575 14,159 $283,180
We estimate that we service 6,539 171.115 Can I and other irrigators establish supplemental water is available on the
users who submit information about representative organizations? irrigation facility servicing my farm unit?
27,575 times a year. We estimate the 171.120 What are the authorities and 171.515 Who will BIA bill?
responsibilities of a representative 171.520 How will I receive my bill and
total annual hourly burden to be 14,159
organization? when do I pay it?
at an estimated cost of $283,180. The 171.125 Can I appeal BIA decisions? 171.525 How do I pay my bill?
users mainly request water to be turned 171.130 Who can I contact if I have any 171.530 What information must I provide
on or turned off. Users are not required questions about these regulations or my BIA for billing purposes?
to maintain records, but may do so for irrigation service? 171.535 Why is BIA collecting this
business purposes. The information 171.135 Where do I submit written information from me?
they submit is for the purpose of information or requests? 171.540 What can happen if I do not
obtaining or retaining a service, namely 171.140 Information collection. provide this information?
171.545 What can happen if I don’t pay my
delivery of irrigation water. While we Subpart B—Irrigation Service bill on time?
do require personal information for the 171.200 How do I request irrigation service 171.550 Can I arrange a Payment Plan if I
purpose of adhering to the controlling from the BIA? cannot pay the full amount due?
laws and regulations, we protect the 171.205 How much water will I receive? 171.555 What additional costs will I incur
information under the Privacy Act. 171.210 Where will BIA provide my if I am granted a Payment Plan?
irrigation service? 171.560 What if I fail to make payments as
Comments on this information
171.215 What if the elevation of my farm specified in my Payment Plan?
collection can be made at any time and 171.565 How will I know if BIA plans to
unit is too high to receive irrigation
sent to the BIA Information Collection water? adjust my annual operation and
Clearance Officer, 625 Herndon 171.220 What must I do to my farm unit to maintenance assessment rate?
Parkway, Herndon, VA 20171. Please receive irrigation service? 171.570 What is the Federal Register and
note that comments about the burden 171.225 What must I do to receive irrigation where can I get it?
are separate from comments on the rule. service to my subdivided farm unit? 171.575 Can BIA charge me special
If you wish to withhold personal 171.230 What are my responsibilities for assessments?
information, such as your name, you wastewater? Subpart F—Records, Agreements, and
must state this prominently at the Subpart C—Water Use Other Matters
beginning of you comments. We will 171.300 Does BIA restrict my water use? 171.600 What information is collected and
honor your request to the extent that the 171.305 Will BIA provide leaching service retained on the irrigation service I
law allows. to me? receive?
171.310 Can I use water delivered by BIA 171.605 Can I establish a Carriage
List of Subjects in 25 CFR Part 171 Agreement with BIA?
for livestock purposes?
171.610 Can I arrange an Incentive
Indians—lands, Irrigation. Subpart D—Irrigation Facilities Agreement if I want to farm idle lands?
Dated: January 22, 2008. 171.400 Who is responsible for structures 171.615 Can I request improvements to BIA
Carl J. Artman, on a BIA irrigation project? facilities as part of my Incentive
171.405 Can I build my own structure or Agreement?
Assistant Secretary—Indian Affairs.
take over responsibility of a BIA Subpart G—Non-Assessment Status
■ For the reasons set out in the structure?
171.410 Can I install a fence on a BIA 171.700 When do I not have to pay my
preamble, the Department of the annual operation and maintenance
Interior, Bureau of Indian Affairs, is irrigation project?
171.415 Can I place an obstruction on a BIA assessment?
revising part 171 of Title 25 of the Code 171.705 What criteria must be met for my
irrigation project?
of Federal Regulations to read as 171.420 Can I dispose of sewage, trash or land to be granted an Annual
follows: other refuse on a BIA irrigation project? Assessment Waiver?
171.710 Can I receive irrigation water if I
PART 171—IRRIGATION OPERATION Subpart E—Financial Matters: am granted an Annual Assessment
AND MAINTENANCE Assessments, Billing, and Collections Waiver?
171.500 How does BIA determine the 171.715 How do I obtain an Annual
Subpart A—General Provisions annual operation and maintenance Assessment Waiver?
171.720 For what period does an Annual
Sec. assessment rate for the irrigation facility

171.100 What are some of the terms I servicing my farm unit? Assessment Waiver apply?
should know for this part? 171.505 How does BIA calculate my annual Authority: 25 U.S.C. 2; 25 U.S.C. 9; 25
171.105 Does this part apply to me? operation and maintenance assessment? U.S.C. 13; 25 U.S.C. 381; Act of April 4, 1910,
171.110 How does BIA administer its 171.510 How does BIA calculate my annual 36 Stat. 270, as amended (codified at 25
irrigation facilities? operation and maintenance assessment if U.S.C. 385); 25 U.S.C. 386a; Act of June 22,
1936, 49 Stat. 1803 (codified at 25 U.S.C. 389 I, me, my, you, and your means all Representative organization or
et seq.). interested parties, especially persons or organization means a legally established
entities to which we provide irrigation organization representing your interests
Subpart A—General Provisions service and receive use of our irrigation that confers with us on how we provide
§ 171.100 What are some of the terms I facilities, such as irrigators, landowners, irrigation service at a particular
should know for this part? leasees, irrigator organizations, irrigation facility.
Annual Assessment Waiver means a irrigation districts, or other entities Service(s) (see Irrigation service).
mechanism for us to waive your annual affected by this part and our supporting Service area means lands designated
operation and maintenance assessment policies, manuals, and handbooks. by us to be served by one of our
Idle lands means lands that are not irrigation facilities.
under certain specified circumstances.
currently farmed because they have Service ditch means a ditch or canal
Annual operation and maintenance
characteristics that limit crop which we own, administer, operate,
assessment means the charges you must
production. maintain, and rehabilitate that we use to
pay us for our costs of administration, Incentive Agreement means a written
operation, maintenance, and provide irrigation service to your farm
agreement between you and us that unit.
rehabilitation of the irrigation facility allows us to waive your annual Soil salinity means soils containing
servicing your farm unit. operation and maintenance assessment, high salt content that limit crop
Annual operation and maintenance when you agree to improve idle lands production.
assessment rate means the per acre and we determine that it is in the best Special assessment means a charge to
charge we establish for the irrigation interest of our irrigation facility. cover the uncontrolled cost arising from
facility servicing your farm unit. Irrigation bill (see Bill). an urgency on an irrigation facility.
Assessable acres (see Total assessable Irrigation district (see Representative Structures (see Irrigation facility).
acres). organization). Subdivision means a farm unit that
Authorized use means your use of Irrigation facility means all structures has been subdivided into smaller
water delivered by us that supports and appurtenant works for the delivery, parcels.
irrigated agriculture, livestock, Carriage diversion, and storage of irrigation Supplemental water means water
Agreements or other uses defined by water. These facilities may be referred to available for delivery by our irrigation
laws, regulations, treaty, compact, as projects, systems, or irrigation areas. facilities beyond the quantity necessary
judicial decree, river regulatory plan, or Irrigation service means the full range to provide all project customers
other authority. of services we provide customers, requesting water with the per-acre water
BIA means the Bureau of Indian including but not limited to duty established for that project.
Affairs within the United States administration, operation, maintenance, Taxpayer identifying number means
Department of the Interior. and rehabilitation of our irrigation either your Social Security Number or
Bill means our statement to you of the facilities. your Employer Identification Number.
assessment charges and/or fees you owe Irrigation water or water means water Temporarily non-assessable acres
the United States for administration, we deliver through our facilities for the (TNA) means lands that the Secretary of
operation, maintenance, rehabilitation, general purpose of irrigation and other the Interior has determined to be
and/or construction of the irrigation authorized purposes. temporarily non-irrigable pursuant to
facility servicing your farm unit. Irrigator (see Customer). the standards set out in 25 U.S.C. 389a.
Carriage Agreement means a legally Landowner means a person or entity
Total assessable acres means the total
binding contract we enter into: that owns fee, tribal trust, and/or
acres of land served by one of our
(1) To convey third-party water individual allotted trust lands.
Leaching Service means our delivery irrigation facilities to which we assess
through our irrigation facilities; or operation and maintenance charges. The
(2) To convey our water through of water to you at your request for the
purpose of transporting salts below the Total assessable acres within the service
third-party facilities. area of an irrigation facility do not
Construction assessment means the root zone of a farm unit.
Lessee means any person or entity include those acres of land that are
periodic charge we assess you to repay designated PNA or TNA, nor those acres
us the funds we used to construct our that holds a lease approved by us on
lands to which we provide irrigation of land granted an Annual Assessment
irrigation facilities serving your farm Waiver.
service.
unit that are determined to be Trust or restricted land or land in
Must means an imperative or
reimbursable under applicable statutes. mandatory act or requirement. trust or restricted status (see definitions
Customer means any person or entity My land and your land mean all or in 25 CFR 151.2).
to whom we provide irrigation service. part of your farm unit. Urgency means a situation that we
Ditch (see Farm ditch or Service Obstruction means anything have determined may adversely impact
ditch). permanent or temporary that blocks, our irrigation facilities, operation, or
Due date means the date printed on hinders, impedes, stops or cuts off our other irrigation activities; affect public
your bill, 30 days after which your bill facilities or our ability to perform the safety; or damage property or
becomes past due. services we determine necessary to equipment.
Facility (see Irrigation facility). provide service to our customers. Wastewater means surface runoff and
Farm ditch means a ditch or canal Organization (see Representative subsurface drainage from your farm unit
that you own, operate, maintain, and organization). from water delivered by us that exceeds
rehabilitate. Past due bill means a bill that has not irrigation requirements.
Farm unit means the smallest parcel been paid within 30 days of the due Water (see Irrigation water).
of land for which we will establish a date stated on your bill. Water delivery is an activity that is
delivery point. Farm unit size is defined Permanently non-assessable acres part of the irrigation service we provide
in the authorizing legislation for each (PNA) means lands that the Secretary of to our customers when water is
irrigation facility, or in the absence of the Interior has determined to be available.
such legislation, we will define the farm permanently non-irrigable pursuant to Water duty means the amount of
unit size. the standards set out in 25 U.S.C. 389b. water, in acre-feet per acre, necessary
for full-service irrigation. This value is § 171.125 Can I appeal BIA decisions? guidelines established by the specific
established by decree, compact, or other (a) You may appeal our decisions in project providing your irrigation service.
legal document, or by specialized accordance with procedures set out in
engineering studies. § 171.205 How much water will I receive?
25 CFR Part 2, unless otherwise
Water user (see Customer). prohibited by law. The amount of water you receive will
(b) If you appeal an irrigation bill, you be based on your request, your legal
We, us, and our means the United
must pay the bill in accordance with entitlement to water, and the available
States Government, the Secretary of the
subpart E before we will provide water supply.
Interior, BIA, and all who are authorized
to represent us in matters covered under irrigation service to you. If you prevail
§ 171.210 Where will BIA provide my
this part. on appeal, any overpayment will be
irrigation service?
refunded to you.
§ 171.105 Does this part apply to me? (a) We will provide service to your
§ 171.130 Who can I contact if I have any farm unit at a single delivery point that
This part applies to you if you own questions about these regulations or my we designate.
or lease land within an irrigation project irrigation service?
(b) At our discretion, we may
where we assess fees and collect monies Contact the local irrigation project establish additional delivery points
to administer, operate, maintain, and where you receive service or want to when:
rehabilitate project facilities. apply for service. If your questions are (1) We determine it is impractical to
not addressed to your satisfaction at the deliver water to your farm unit from a
§ 171.110 How does BIA administer its
local project level, you may contact the single delivery point;
irrigation facilities?
appropriate BIA Regional Office. (2) You agree in writing to be
(a) We administer our irrigation
facilities by enforcing the applicable § 171.135 Where do I submit written responsible for all costs to establish an
statutes, regulations, Executive Orders, information or requests? additional delivery point;
directives, Indian Affairs Manual, the Submit written information to us or (3) You pay us our costs prior to our
Irrigation Handbook, and other written make request of us in writing at the establishing an additional delivery
policies, procedures, directives, and irrigation project servicing your farm point; and
practices to ensure the safe, reliable, and unit. (4) Any work accomplished under
efficient administration, operation, this section does not disrupt our service
§ 171.140 Information collection. to other customers without their written
maintenance, and rehabilitation of our The information collection
facilities. Such enforcement can include agreement.
requirements contained in this part have (c) We may establish your delivery
refusal or termination of irrigation been approved by the Office of
services to you. Copies of the above point(s) at a well head.
Management and Budget under 44
listed items may be obtained from the U.S.C. 3501 et seq. and assigned § 171.215 What if the elevation of my farm
irrigation project serving you. clearance number 1076–0141. This unit is too high to receive irrigation water?
(b) We will cooperate and consult information collection is specifically (a) We will not change our service
with you, as appropriate, on irrigation found in 25 CFR Sections 171.200, ditch level to provide service to you.
activities and policies of the particular 171.225, 171.305, 171.310, 171.405, (b) You may install, operate, and
irrigation facility serving you. 171.410, 171.530, 171.550, 171.600, maintain your own facilities, at your
§ 171.115 Can I and other irrigators 171.605, 171.610, 171.615, 171.710, cost, to provide service to your land:
establish representative organizations? 171.715. A Federal agency may not (1) From a delivery point we
conduct or sponsor, and you are not designate; and
Yes. You and other irrigators may required to respond to, a collection of (2) In accordance with specifications
establish a representative organization information unless it displays a we approve.
under applicable law to represent your currently valid OMB control number.
interests for the particular irrigation § 171.220 What must I do to my farm unit
facilities serving you. Subpart B—Irrigation Service to receive irrigation service?
§ 171.120 What are the authorities and You must meet the following
§ 171.200 How do I request irrigation
responsibilities of a representative service from the BIA? requirements for us to provide service:
organization? (a) Put water we deliver to authorized
(a) You must request service from the
uses;
(a) A legally established organization irrigation facility servicing your farm
representing you may make rules, unit. (b) Make sure your farm ditch has
policies, and procedures it may find (b) Your request must contain at least sufficient capacity to carry the water we
necessary to administer the activities it the following information: deliver; and
is authorized to perform. (1) Your full legal name; (c) Properly operate, maintain, and
(2) Where you want service; rehabilitate your farm ditch.
(b) An organization must not make
(3) The time and date you want
rules, policies, or procedures that § 171.225 What must I do to receive
service to start;
conflict with our regulations or any of irrigation service to my subdivided farm
(4) How long you want service; unit?
our other written policies, procedures, (5) The rate of water flow you want,
directives, and manuals. if available; In order to receive irrigation service,
(c) If this organization collects (6) How many acres you want to you must:
operation and maintenance assessments irrigate; and (a) Provide us a copy of the recorded
and construction assessments on your (7) Any additional information plat or map of the subdivision which
behalf to be paid to us, it must pay us required by the project office shows us how the irrigation water will
all your past and current operation and responsible for providing your irrigation be delivered to the irrigable acres;
maintenance and construction service. (b) Pay for any extensions or
assessment charges before we will (c) You must request supplemental alterations to our facilities that we
provide irrigation service to you. water in accordance with the project approve to serve the subdivided units;
(c) Construct, at your cost, any Subpart D—Irrigation Facilities § 171.420 Can I dispose of sewage, trash,
facilities within your subdivided farm or other refuse on a BIA irrigation project?
unit; and § 171.400 Who is responsible for No. Sewage, trash, or other refuse are
structures on a BIA irrigation project? considered obstructions and must be
(d) Operate and maintain, at your
cost, any facilities within your (a) We may build, operate, maintain, removed in accordance with § 171.415.
subdivided farm unit. rehabilitate or remove structures,
including bridges and other crossings, Subpart E—Financial Matters:
§ 171.230 What are my responsibilities for on our irrigation projects. Assessments, Billing, and Collections
wastewater? (b) We may build other structures for
§ 171.500 How does BIA determine the
(a) You are responsible for your your private use during the construction annual operation and maintenance
wastewater. or extension of an irrigation project. We assessment rate for the irrigation facility
may charge you for structures built for servicing my farm unit?
(b) Wastewater may be returned to our
your private use under this section, and (a) We calculate the annual operation
facilities, but only at locations we
we may require you to maintain them. and maintenance assessment rate by
designate, in a manner we approve, and
at your cost. (c) If we require you to maintain a estimating the following annual costs
structure and you do not do so to our and then dividing by the total assessable
(c) You must not allow your satisfaction, we may remove it or
wastewater to flow or collect on our acres for your irrigation facility:
perform the necessary maintenance, and (1) Personnel salary and benefits for
facilities or roads, except at locations we we will bill you for our costs.
designate and in a manner we approve. the facility engineer/manager and
§ 171.405 Can I build my own structure or employees under their management or
(d) If you fail to comply with this
take over responsibility of a BIA structure? control;
section, we may withhold services to (2) Materials and supplies;
you. You may build a structure on our
(3) Vehicle and equipment repairs;
irrigation facility for your private use or
(4) Equipment costs, including lease
Subpart C—Water Use take responsibility of one of our
fees;
structures, but only under a written (5) Depreciation;
§ 171.300 Does BIA restrict my water use?
agreement between you and us which: (6) Acquisition costs;
(a) You must not interfere with or (a) Relieves us from any future (7) Maintenance of a reserve fund
alter our service to you without our liability or responsibility for the available for contingencies or
prior written authorization; and structure; emergency costs needed for the reliable
(b) You must only use water we (b) Relieves us from any future costs operation of the irrigation facility
deliver for authorized uses. We may incurred for maintaining the structure; infrastructure;
withhold services if you use water for (c) Describes what is granted by us (8) Maintenance of a vehicle and
any other purpose. and accepted by you; and heavy equipment replacement fund;
(d) Provides that if you do not (9) Systematic rehabilitation and
§ 171.305 Will BIA provide leaching regularly use a structure for a period of
service to me? replacement of project facilities;
time that we have determined, or you do (10) Contingencies for unknown costs
(a) We may provide you leaching not properly maintain and rehabilitate and omitted budget items; and
service if: the structure, we will notify you in (11) Other costs we determine
(1) You submit a written plan that writing that: necessary to properly perform the
documents how soil salinity limits your (1) You must either remove it or activities and functions characteristic of
crop production and how leaching correct any unsafe condition; an irrigation facility.
service will correct the problem; (2) If you do not comply with our (b) Annual operation and
(2) We approve your plan in writing; notice, we may remove the structure maintenance assessment rates may be
and and you must reimburse us our costs; lowered through the exercise of our
and discretion when items listed in (a) of
(3) Your irrigation bills are not past
(3) We may modify, close, or remove this section are adjusted pursuant to our
due.
your structure without notice due to an authority under 25 U.S.C. 385, 386a and
(b) Leaching service will only be urgency we have identified. 389.
available during the timeframe (c) If you subdivide your farm unit,
established by your irrigation facility. § 171.410 Can I install a fence on a BIA you may be subject to a higher annual
(c) We reserve the right to terminate irrigation project?
operation and maintenance assessment
this service if we determine you are not Yes. Fences are considered structures rate, which we publish annually in the
complying with paragraph (a) of this and may be installed in compliance Federal Register.
section. with § 171.405. (d) At projects where supplemental
§ 171.415 Can I place an obstruction on a water is available, the calculation of
§ 171.310 Can I use water delivered by BIA
livestock purposes? BIA irrigation project? your annual operation and maintenance
assessment rate may take into
Yes, if we determine it will not: No. You may not place obstructions
consideration the total estimated annual
on BIA irrigation projects.
(a) Interfere with the operation, amount to be collected for supplemental
(a) If you do so, we will notify you in
maintenance, or rehabilitation of our water deliveries.
writing that you must remove it.
facilities;
(b) If you do not remove your § 171.505 How does BIA calculate my
(b) Be detrimental to or jeopardize our obstruction in compliance with our annual operation and maintenance
facilities; notice, we will remove it and we will assessment?

(c) Adversely affect the water rights or bill you for our costs. (a) We calculate your annual
water supply; or (c) We can remove your obstruction operation and maintenance assessment
(d) Cause additional costs to us that without notice because of an urgency by multiplying the total assessable acres
we do not agree to in writing. we have identified. of your land within the service area of
our irrigation facility by the annual (1) The land is leased under a lease § 171.540 What can happen if I do not
operation and maintenance assessment approved by us, in which case we will provide this information?
rate we establish for that facility. bill the lessee, or We will not provide you irrigation
(b) We will not assess lands that have (2) The landowner(s) is represented service.
been re-classified as either permanently by a representative organization that
collects annual operation and § 171.545 What can happen if I don’t pay
non-assessable (PNA) or temporarily my bill on time?
non-assessable (TNA) or lands that have maintenance assessments on behalf of
its members and the representative (a) We will not provide you irrigation
been granted an Annual Assessment
organization makes a direct payment to service until:
Waiver. (1) Your bill is paid; or
(c) If your lands are under an us on your behalf.
(b) If you own or lease assessable (2) You make arrangement for
approved Incentive Agreement, we may payment pursuant to § 171.550 of this
waive your assessment as described in lands within a BIA irrigation facility,
you will be billed for annual operation part.
the Incentive Agreement (See (b) If you do not pay your bill prior
§ 171.610). and maintenance assessments, whether
you request water or not, unless to the close of business on the 30th day
(d) Some irrigation facilities may after the due date, we consider your bill
charge a minimum operation and otherwise specified in § 171.505(b).
past due, send you a notice, and assess
maintenance assessment. If the § 171.520 How will I receive my bill and you the following:
irrigation facility serving your farm unit when do I pay it? (1) Interest, as required by 31 U.S.C.
charges a minimum operation and (a) You will receive your bill in the 3717. Interest will accrue from the
maintenance assessment that is more mail at the address of record you original due date stated on your bill.
than your assessment calculated by the provide us. (2) An administrative fee, as required
method described in subpart (a) of this (b) You should pay your bill no later by 31 CFR 901.9.
section, you will be charged the than the due date stated on your bill. (c) If you do not pay your bill prior
minimum operation and maintenance (c) You will not receive a bill for to the close of business of the 90th day
assessment. We provide public notice of supplemental water. You must pay us in after the due date, we will assess you a
any minimum operation and advance at the supplemental water rate penalty, as required by 31 CFR 901.9(d).
maintenance assessments annually in established for you project published Penalties will accrue from the original
the Federal Register (See § 171.565). annually in the Federal Register. due date stated on your bill.
(d) We will forward your past due bill
§ 171.510 How does BIA calculate my § 171.525 How do I pay my bill? to the United States Treasury no later
annual operation and maintenance (a) You can pay your bill by:
assessment if supplemental water is
than 180 days after the original due
(1) Personally going to the local office date, as required by 31 CFR 901.1,
available on the irrigation facility servicing
of the irrigation facility authorized to ‘‘Aggressive agency collection activity.’’
my farm unit?
receive your payment during normal
(a) For projects where supplemental business hours; § 171.550 Can I arrange a Payment Plan if
water is available, and you request and (2) Depositing your payment in an I cannot pay the full amount due?
receive supplemental water, your authorized drop box, if available, at the We may approve a Payment Plan if:
assessment will include two local office of the irrigation facility; or (a) You are a landowner and your
components: a base rate, which is for (3) Mailing your payment to the land is not leased;
your per-acre water duty delivered to address indicated on your bill. (b) You certify that you are financially
your farm unit; and a supplemental (b) Your payment must be in the form unable to make a lump sum payment;
water rate, which is for water delivered of: (c) You provide additional
to your farm unit in addition to your (1) Check or money order in the mail information we request, which may
per-acre water duty. or authorized drop box; or include information identified in 31
(b) We publish base and supplemental (2) Cash, check, or money order if you CFR 901.8, ‘‘Collection in installments’’;
water rates annually in the Federal pay in person. and
Register. The base and supplemental (d) You sign our Payment Plan
§ 171.530 What information must I provide containing terms and conditions we
water rates are established to recover the BIA for billing purposes?
costs identified in Section 171.500(a) of specify.
We must obtain certain information
this Subpart. § 171.555 What additional costs will I incur
from you to ensure we can properly bill,
(c) If your project has established a if I am granted a Payment Plan?
collect, deposit, and account for money
supplemental water rate, and you You will incur the following costs:
you owe the United States. At a
request and receive supplemental water, (a) An administrative fee to process
minimum, this information is:
we will calculate your total annual (a) Your full legal name; your Payment Plan, as required by 31
operation and maintenance assessment (b) Your correct mailing address; and CFR 901.9.
by adding the following two totals: (1) (c) Your taxpayer identifying number. (b) Interest, accrued on your unpaid
The total assessable acres of your land balance, in accordance with § 171.545.
within the service area of our irrigation § 171.535 Why is BIA collecting this
facility multiplied by the annual information from me? § 171.560 What if I fail to make payments
operation and maintenance assessment (a) As part of doing business with as specified in my Payment Plan?
rate we establish for that facility; and (2) you, we must collect enough (a) We will discontinue irrigation
the actual quantity of supplemental information from you to properly bill service until your bill is paid in full;
water you request and we agree to and service your account. (b) You will be in default, you will be
deliver (in acre-feet) times the (b) We are required to collect your assessed an administrative fee, and your
supplemental water rate established for taxpayer identifying number under the debt will be immediately forwarded to
that facility. authority of, and as prescribed in, the the United States Treasury in
Debt Collection Improvement Act of accordance with the Debt Collection
§ 171.515 Who will BIA bill? 1996, Public Law 104–134 (110 Stat. Improvement Act of 1996 (Pub. L. 104–
(a) We will bill the landowner, unless: 1321–364). 134).
(c) You will be ineligible for Payment (e) Amount of water we delivered to Subpart G—Non-Assessment Status
Plans for the next 6 years. your farm unit.
§ 171.700 When do I not have to pay my
§ 171.565 How will I know if BIA plans to § 171.605 Can I establish a Carriage annual operation and maintenance
adjust my annual operation and Agreement with BIA? assessment?
maintenance assessment rate? (a) We may agree in writing to carry
(a) We provide public notice of our You do not have to pay your annual
third-party water through our facilities
proposed rates annually in the Federal operation and maintenance assessment
to your lands not served by our facilities
Register. for your land(s) within the service area
if we have determined that our facilities
(b) You may contact the irrigation have adequate capacity to do so. of your irrigation facility when:
facility servicing your farm unit. (b) If we determine that carrying water (a) We grant you an Annual
§ 171.570 What is the Federal Register and in accordance with paragraph (a) of this Assessment Waiver; or
where can I get it? section is jeopardizing our ability to (b) We grant you an Incentive
(a) The Federal Register is the official provide irrigation service to the lands Agreement which may include waiving
daily publication for Rules, Proposed we are required to serve, we will your annual operation and maintenance
Rules, and Notices of official actions by terminate the Agreement. assessment; or
Federal agencies and organizations, as (c) We may enter into an agreement
with a third party to provide service (c) Your land is re-designated as
well as Executive Orders and other permanently non-assessable or
Presidential Documents, and is through their facilities to your isolated
assessable lands. temporarily non-assessable.
produced by the United States
Government Printing Office (GPO). (d) You must pay us all § 171.705 What criteria must be met for my
(b) You can get publications of the administrative, operating, maintenance, land to be granted an Annual Assessment
Federal Register: and rehabilitation costs associated with Waiver?
(1) By going on the World Wide Web any agreement established under this
at http://www.gpo.gov; section before we will convey water. For your land to be granted an Annual
(2) By writing to the GPO, (e) We will notify you in writing no Assessment Waiver, we must determine
Superintendent of Documents, P.O. Box less than five days before terminating a that our irrigation facilities are not
371954, Pittsburgh, Pennsylvania Carriage Agreement established under capable of delivering adequate irrigation
15250–7954; or this section. water to your farm unit. Inadequate
(3) By calling GPO at (202) 512–1530. (f) We may terminate a Carriage water supply due to natural conditions
Agreement without notice due to an or climate is not justification for us to
§ 171.575 Can BIA charge me a special
assessment? urgency we have identified. grant an Annual Assessment Waiver.
Yes. We will make every reasonable § 171.610 Can I arrange an Incentive § 171.710 Can I receive irrigation water if I
effort to avoid charging special Agreement if I want to farm idle lands? am granted an Annual Assessment Waiver?
assessments. However, if we determine We may approve an Incentive
that we have a significant uncontrolled No. Water will not be delivered in any
Agreement if:
cost due to an urgency, we may charge quantity to your farm unit if you have
(a) You request one in writing at least
you a special assessment. We will only 90 days prior to the beginning of the been granted an Annual Assessment
charge special assessments when there irrigation season that includes a detailed Waiver.
are inadequate project funds available, plan to improve the idle lands, which § 171.715 How do I obtain an Annual
including any emergency reserve funds contains at least the following: Assessment Waiver?
held by the project. (1) A description of specific
The special assessment rate will be improvements you will make, such as For your land to be granted an Annual
calculated by dividing the total clearing, leveling, or other activities that Assessment Waiver, you must:
uncontrolled cost, or some portion of will improve idle lands to a condition (a) Send us a request in writing to
that cost, by the total number of that supports authorized use of have your land granted an Annual
assessable acres. Your individual delivered water; Assessment Waiver;
special assessment will be equal to the (2) The estimated cost of the
special assessment rate multiplied by (b) Submit your request prior to the
improvements you will make;
the number of assessable acres in your bill due date for the year for which you
(3) The time schedule for your
farm unit. are requesting the Annual Assessment
proposed improvements;
(4) Your proposed schedule for water Waiver; and
Subpart F—Records, Agreements, and
delivery, if necessary; and (c) Receive our approval in writing.
Other Matters
(5) Justification for use of irrigation
§ 171.720 For what period does an Annual
§ 171.600 What information is collected water during the improvement period.
Assessment Waiver apply?
and retained on the irrigation service I (b) You sign our Incentive Agreement
receive? containing terms and conditions we Annual Assessment Waivers are only
We will collect and retain at least the specify. valid for the year in which they are
following information as part of our granted. To obtain an Annual
record of the irrigation service we have § 171.615 Can I request improvements to
BIA facilities as part of my Incentive Assessment Waiver for a subsequent
provided you: year, you must reapply.
Agreement?
(a) Your name;
(b) Delivery point(s) where service Yes. You may request and we may [FR Doc. E8–3698 Filed 2–28–08; 8:45 am]
was provided; agree to make improvements as part of BILLING CODE 4310–W7–P

(c) Beginning date and time of your your Incentive Agreement that we
irrigation service; determine are in the best interest of the
(d) Ending date and time of your irrigation facility servicing your farm
irrigation service; and unit.

Rule: Irrigation Operation and Maintenance

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Rule: Irrigation Operation and Maintenance

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11028 Federal Register / Vol. 73, No.

41 / Friday, February 29, 2008 / Rules and Regulations

Aliens, Foreign officials, Immigration,

the National Irrigation Handbook and made to the regulation in response to

Requesting irrigation service ............................................. 200/600 0.5 26,156 13,078 $261,560

Annual totals ............................................................... ........................ .......................... 27,575 14,159 $283,180

Sec. assessment rate for the irrigation facility

facilities; notice, we will remove it and we will assessment?

was provided; agree to make improvements as part of BILLING CODE 4310–W7–P

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