[Federal Register Volume 77, Number 36 (Thursday, February 23, 2012)]
[Notices]
[Pages 10767-10771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4200]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Rate Adjustments for Indian Irrigation Projects

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of rate adjustments.

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SUMMARY: The Bureau of Indian Affairs (BIA) owns, or has an interest 
in, irrigation projects located on or associated with various Indian 
reservations throughout the United States. We are required to establish 
irrigation assessment rates to recover the costs to administer, 
operate, maintain, and rehabilitate these projects. We are notifying 
you that we have adjusted the irrigation assessment rates at several of 
our irrigation projects and facilities to reflect current costs of 
administration, operation, maintenance, and rehabilitation.

DATES: Effective Date: The irrigation assessment rates shown in the 
tables as final are effective as of January 1, 2012.

FOR FURTHER INFORMATION CONTACT: For details about a particular BIA 
irrigation project or facility, please use the tables in the 
SUPPLEMENTARY INFORMATION section to contact the regional or local 
office where the project or facility is located.

SUPPLEMENTARY INFORMATION: A Notice of Proposed Rate Adjustment was 
published in the Federal Register on September 20, 2011 (76 FR 58293) 
to propose adjustments to the irrigation assessment rates at several 
BIA irrigation projects. The public and interested parties were 
provided an opportunity to submit written comments during the 60-day 
period that ended November 21, 2011.

Did the BIA defer or change any proposed rate increases?

    No.

Did the BIA receive any comments on the proposed irrigation assessment 
rate adjustments?

    Written comments were received related to the proposed rate 
adjustment for the San Carlos Irrigation Project for 2013.

What issues were of concern to the commenter?

    The commenter raised concerns specific to the San Carlos Irrigation 
Project on the proposed rates about the following issues: (1) The 
methodology for O&M rate setting; and (2) the appropriateness of 
specific O&M budget items relating to obligated cash, staffing levels, 
encroachment permit fees, re-survey of the reservoir area/capacity 
table, emergency reserves, cylinder gate replacement at Coolidge Dam, 
and periodic adjustments in Project budgets.

The Following Comments Are Specific to the San Carlos Irrigation 
Project

    Written comments relating to the proposed rate adjustment for the 
San Carlos Irrigation Project-Joint Works (Project) were received by 
letters dated July 15, 2011, August 26, 2011, and November 21, 2011, 
from the San Carlos Irrigation and Drainage District (District). The 
District raised several issues in its letters. The BIA's summary of the 
District's issues and the BIA's responses are provided below.
    Comment: The BIA's methodology for setting the 2013 O&M assessment 
rate was unreasonable.
    Response: The methodology used by the BIA to determine the 2013 O&M 
assessment rate was reasonable. Based on a review of historical income 
and expenditures, a budget of projected income and expenditures is 
developed approximately two years before the O&M assessments are 
collected and expenses incurred. The BIA relies on financial reports 
generated by the Federal Financial System for reviewing past 
expenditures and projecting a future budget and expenditures. 
Procurement files and records maintained by the Project are also 
reviewed and considered. For example, with regard to development of the 
2013 budget, the BIA reviewed: (1) The year-end reconciled income and 
expenditure information for 2010; (2) available income and expenditure 
information for 2011; (3) previous budget projections for 2013; and (4) 
other information relevant to potential future Project expenses, such 
as cost information for replacement of Coolidge Dam cylinder gates.
    The BIA provided the District with draft budget and supporting 
information and held budget fact-finding meetings on November 22, 2010, 
January 14, 2011, February 22, 2011, and March 23, 2011. The Project 
received feedback from the District and other water users during these 
meetings, and the Project finalized its recommendation to the Western 
Regional Director for the 2013 O&M assessment rate on May 5, 2011. In 
addition, in accordance with BIA policy, the BIA held meetings with 
Project water users (including the District) to discuss O&M rates and 
maintenance needs.
    Issue: The BIA does not manage obligated cash properly, 
specifically with regard to the Transcon Contract.
    Response: The Transcon Contract ended on September 30, 2011, and 
the Project de-obligated $56,335.15 of unexpended funds in the 
contract. These funds will be carried over as available cash for 
Project use in FY 2012.
    Issue: The District objects to current and future staffing levels 
for the Project's Irrigation System Operators.
    Response: The Project has been discussing the Irrigation System 
Operator (ISO) staffing levels with the water users, including the 
District, in recent years in response to the accidental deaths of two 
Project ISOs in 2006 and 2010. At the end of the Project fact finding 
process for 2010, the Project re-evaluated the ISO staffing levels, 
reduced the number of positions from four to three, and established the 
positions at GS 04/05 levels. The discussion with the water users on 
this matter, including the District, helped the Project to re-evaluate 
and implement appropriate measures for ISO staffing. The Project is in 
the process of recruiting the vacant ISO positions. The Project 
anticipates an annual savings of approximately $80,000 from this change 
in ISO staffing levels. The proposed O&M budget for 2013 reflects three 
ISO positions at the Project. The BIA understands that the ISO staffing 
levels may need to be re-evaluated in 3-5 years when rehabilitation of 
the Project Joint Works is completed by the District and the Gila River 
Indian Community pursuant to section 203(d) of the Arizona Water 
Settlements Act (Pub. L. 108-451).
    Issue: The BIA should not use O&M collections to defray the Project 
costs for reviewing encroachment permit requests.
    Response: Environmental compliance activities associated with the 
Project O&M responsibilities, such as encroachment permit requests, are 
funded through O&M assessments and collections from the District and 
from Federal appropriations on behalf of the Indian Works. The BIA is 
legally obligated to perform these compliance activities and they 
benefit Project water users by ensuring that the environmental effects 
of Project activities, are understood. The Project will continue to use 
either contracts or staff for Federal environmental

[[Page 10768]]

compliance duties in furtherance of its O&M activities. The Project 
recently proposed a fee for encroachment permits and is in the process 
of finalizing a decision on the proposed fee. The Project notes that, 
historically, encroachment permits involve lands within the District. 
At the request of the water users, including the District, the Project 
is considering permit fees for encroachment permits which would help 
defray the Project costs for the permits.
    Issue: The BIA should not use O&M collections to pay for the 
updated area/capacity table for San Carlos Reservoir.
    Response: Coolidge Dam (Dam) and San Carlos Reservoir (Reservoir) 
are essential features of the Project. The Project's water delivery 
obligations from the Dam and Reservoir, pursuant to the Gila Decree and 
the Project's authorizing documents, require an accurate and up-to-date 
area/capacity table for the Reservoir. Therefore, the Project's use of 
O&M collections to update the Reservoir's area/capacity table is an 
appropriate use of O&M collections.
    Issue: The Project's emergency reserve fund should be reduced.
    Response: The Project's emergency reserve fund is within the range 
specified in the Emergency Reserve Fund Determination Guidelines in the 
August 2008 BIA National Irrigation Handbook. The BIA previously 
reduced the reserve fund from $800,000 to $400,000 following the 
transfer of certain maintenance responsibilities to the Joint Control 
Board. The BIA continues to be responsible for maintenance of Project 
wells and Coolidge Dam. Replacement of a single well is projected to 
cost between $250,000 and $300,000, and well replacement locations are 
being evaluated now based on technical assessments prepared by the 
Project and shared with the water users. The contract for well 
maintenance and repair services, which was awarded recently for the 
Project, involves routine annual well maintenance and repair and not 
well replacement costs. The BIA believes the reserve funds should be 
maintained as proposed, consistent with the Guidelines.
    Issue: The amount budgeted for replacement of the Coolidge Dam 
cylinder gate should be reduced.
    Response: Replacing the cylinder gates at Coolidge Dam with a 
single bulkhead gate is not appropriate. Replacing inoperable gates 
with a bulkhead gate for each tower provides the greatest security to 
Project water users. Using a single bulkhead gate to close both 
cylinder gates is inadvisable for several reasons: (1) The bulkhead 
gate may not fit in both gate towers because the towers likely do not 
have the same dimensions; (2) a crane capable of lifting the bulkhead 
gate may not be available locally or within a reasonable timeframe; (3) 
the single bulkhead gate could close only one conduit at a time; and 
(4) the road crossing the crest of the dam would need to be closed when 
the bulkhead gate is removed or installed.
    The Project completed a technical review process with the water 
users, including the District, whereby all available technical and cost 
information related to the cylinder gates was reviewed and discussed. 
The Project's next step in the planning process is to update and 
finalize the detailed technical specifications and a government cost 
estimate. These documents will be used by the Project for construction 
solicitation pursuant to the Federal procurement process.
    Issue: The Project makes material deviations from approved budgets 
without providing documentation and consultation with the District.
    Response: The budget shared by the BIA during the Fact Finding 
process is not binding on the BIA. The BIA must update its O&M budget 
regularly to reflect actual expenditures and unplanned contingencies. 
The initial O&M budget cannot be expected to remain unchanged because 
it is prepared two years in advance of the fiscal year in which the 
Project performs the actual O&M work. The BIA provides the District 
with an update on the Project's budget at nearly every monthly District 
Board meeting, at regularly scheduled water user meetings, and upon 
specific request from the District. For the 2012 and 2013 O&M budgets, 
the BIA used templates proposed by the District to display the budget 
information.

Does this notice affect me?

    This notice affects you if you own or lease land within the 
assessable acreage of one of our irrigation projects, or if you have a 
carriage agreement with one of our irrigation projects.

Where can I get information on the regulatory and legal citations in 
this notice?

    You can contact the appropriate office(s) stated in the tables for 
the irrigation project that serves you, or you can use the Internet 
site for the Government Printing Office at www.gpo.gov.

What authorizes you to issue this notice?

    Our authority to issue this notice is vested in the Secretary of 
the Interior by 5 U.S.C. 301 and the Act of August 14, 1914 (38 Stat. 
583; 25 U.S.C. 385). The Secretary has in turn delegated this authority 
to the Assistant Secretary--Indian Affairs under Part 209, Chapter 
8.1A, of the Department of the Interior's Departmental Manual.

Whom can I contact for further information?

    The following tables are the regional and project/agency contacts 
for our irrigation projects and facilities:

------------------------------------------------------------------------
                                                         Project/Agency
                     Project name                           contacts
------------------------------------------------------------------------
                        Northwest Region Contacts
------------------------------------------------------------------------
 Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest
   Regional Office, 911 N.E. 11th Avenue, Portland, Oregon 97232-4169,
                        Telephone: (503) 231-6702
------------------------------------------------------------------------
Fort Hall Irrigation Project.........................  Dean Fox,
                                                        Superintendent,
                                                        Fort Hall
                                                        Agency, P.O. Box
                                                        220, Fort Hall,
                                                        ID 83203-0220,
                                                        Telephone: (208)
                                                        238-2301.
Wapato Irrigation Project............................  Edwin Lewis,
                                                        Project
                                                        Administrator,
                                                        Wapato
                                                        Irrigation
                                                        Project, P.O.
                                                        Box 220, Wapato,
                                                        WA 98951-0220,
                                                        Telephone: (509)
                                                        877-3155.
------------------------------------------------------------------------

[[Page 10769]]

 
                     Rocky Mountain Region Contacts
------------------------------------------------------------------------
Ed Parisian, Regional Director, Bureau of Indian Affairs, Rocky Mountain
    Regional Office, 316 North 26th Street, Billings, Montana 59101,
                       Telephone: (406) 247-7943.
------------------------------------------------------------------------
Blackfeet Irrigation Project.........................  Stephen Pollock,
                                                        Superintendent,
                                                        Greg Tatsey,
                                                        Irrigation
                                                        Project Manager,
                                                        Box 880,
                                                        Browning, MT
                                                        59417,
                                                        Telephones:
                                                        (406) 338-7544,
                                                        Superintendent,
                                                        (406) 338-7519,
                                                        Irrigation
                                                        Project Manager.
Crow Irrigation Project..............................  Vianna Stewart,
                                                        Superintendent,
                                                        Vacant,
                                                        Irrigation
                                                        Project Manager,
                                                        P.O. Box 69,
                                                        Crow Agency, MT
                                                        59022,
                                                        Telephones:
                                                        (406) 638-2672,
                                                        Superintendent,
                                                        (406) 638-2863,
                                                        Irrigation
                                                        Project Manager.
Fort Belknap Irrigation Project......................  Cliff Hall,
                                                        Superintendent,
                                                        Vacant,
                                                        Irrigation
                                                        Project Manager,
                                                        (Project
                                                        operations and
                                                        management
                                                        contracted to
                                                        Tribes), R.R.1,
                                                        Box 980, Harlem,
                                                        MT 59526,
                                                        Telephones:
                                                        (406) 353-2901,
                                                        Superintendent,
                                                        (406) 353-8454,
                                                        Irrigation
                                                        Project Manager
                                                        (Tribal Office).
Fort Peck Irrigation Project.........................  Rhonda Knudsen,
                                                        Superintendent,
                                                        P.O. Box 637,
                                                        Poplar, MT
                                                        59255, Huber
                                                        Wright, Acting
                                                        Irrigation
                                                        Project Manager,
                                                        602 6th Avenue
                                                        North, Wolf
                                                        Point, MT 59201,
                                                        Telephones:
                                                        (406) 768-5312,
                                                        Superintendent,
                                                        (406) 653-1752,
                                                        Irrigation
                                                        Project Manager.
Wind River Irrigation Project........................  Ed Lone Fight,
                                                        Superintendent,
                                                        Vacant,
                                                        Irrigation
                                                        Project Manager,
                                                        P.O. Box 158,
                                                        Fort Washakie,
                                                        WY 82514,
                                                        Telephones:
                                                        (307) 332-7810,
                                                        Superintendent,
                                                        (307) 332-2596,
                                                        Irrigation
                                                        Project Manager.
------------------------------------------------------------------------
                        Southwest Region Contacts
------------------------------------------------------------------------
     William T. Walker, Regional Director, Bureau of Indian Affairs,
  Southwest Regional Office, 1001 Indian School Road, Albuquerque, New
                Mexico 87104, Telephone: (505) 563-3100.
------------------------------------------------------------------------
Pine River Irrigation Project........................  John Waconda,
                                                        Superintendent,
                                                        Reginald Howe,
                                                        Irrigation
                                                        Systems
                                                        Operator,
                                                        Irrigation
                                                        Engineer, P.O.
                                                        Box 315,
                                                        Ignacio, CO
                                                        81137-0315,
                                                        Telephones:
                                                        (970) 563-4511,
                                                        Superintendent,
                                                        (970) 563-9484,
                                                        Irrigation
                                                        Engineer.
------------------------------------------------------------------------
                         Western Region Contacts
------------------------------------------------------------------------
   Bryan Bowker, Regional Director, Bureau of Indian Affairs, Western
   Regional Office, 2600 N. Central Ave., 4th Floor Mailroom, Phoenix,
                Arizona 85004, Telephone: (602) 379-6600.
------------------------------------------------------------------------
Colorado River Irrigation Project....................  Janice Staudte,
                                                        Superintendent,
                                                        Gary Colvin,
                                                        Acting
                                                        Irrigation
                                                        Project Manager,
                                                        12124 1st
                                                        Avenue, Parker,
                                                        AZ 85344,
                                                        Telephone: (928)
                                                        669-7111.
Duck Valley Irrigation Project.......................  Joseph McDade,
                                                        Superintendent,
                                                        1555 Shoshone
                                                        Circle, Elko, NV
                                                        89801,
                                                        Telephone: (775)
                                                        738-0569.
Fort Yuma Irrigation Project.........................  Irene Herder,
                                                        Superintendent,
                                                        256 South Second
                                                        Avenue, Suite D,
                                                        Yuma, AZ 85364,
                                                        Telephone: (928)
                                                        782-1202.
San Carlos Irrigation Project Joint Works............  Ferris Begay,
                                                        Acting Project
                                                        Manager,
                                                        Clarence Begay,
                                                        Irrigation
                                                        Manager, P.O.
                                                        Box 250,
                                                        Coolidge, AZ
                                                        85228,
                                                        Telephone: (520)
                                                        723-6203.
San Carlos Irrigation Project Indian Works...........  Cecilia Martinez,
                                                        Superintendent,
                                                        Joe Revak,
                                                        Supervisory
                                                        General
                                                        Engineer, Pima
                                                        Agency, Land
                                                        Operations, P.O.
                                                        Box 8, Sacaton,
                                                        AZ 85247,
                                                        Telephone: (520)
                                                        562-3326,
                                                        Telephone: (520)
                                                        562-3372.
Uintah Irrigation Project............................  Dinah Peltier,
                                                        Acting
                                                        Superintendent,
                                                        Dale Thomas,
                                                        Irrigation
                                                        Manager, P.O.
                                                        Box 130, Fort
                                                        Duchesne, UT
                                                        84026,
                                                        Telephone: (435)
                                                        722-4300,
                                                        Telephone: (435)
                                                        722-4341.
Walker River Irrigation Project......................  Athena Brown,
                                                        Superintendent,
                                                        311 E.
                                                        Washington
                                                        Street, Carson
                                                        City, NV 89701,
                                                        Telephone: (775)
                                                        887-3500.
------------------------------------------------------------------------

What irrigation assessments or charges are adjusted by this notice?

    The rate table below contains the current rates for all irrigation 
projects where we recover costs of administering, operating, 
maintaining, and rehabilitating them. The table also contains the final 
rates for the 2012 season and subsequent years where applicable. An 
asterisk immediately following the name of the project notes where the 
2012 rates are different from the 2011 rates.

----------------------------------------------------------------------------------------------------------------
                                                                                    Final 2011      Final 2012
                 Project name                             Rate category                rate            rate
----------------------------------------------------------------------------------------------------------------
Fort Hall Irrigation Project *................  Basic per acre..................          $42.00          $45.50
                                                Minimum Charge per tract........           31.50           32.50
Fort Hall Irrigation Project--Minor Units *...  Basic per acre..................           22.50           23.50
                                                Minimum Charge per tract........           31.50           32.50
Fort Hall Irrigation Project--Michaud *.......  Basic per acre..................           43.00           45.00
                                                Pressure per acre...............           59.50           62.00
                                                Minimum Charge per tract........           31.50           32.50
Wapato Irrigation Project--Toppenish/Simcoe     Minimum Charge for per bill.....           17.00           20.00
 Units *.
                                                Basic per acre..................           17.00           20.00
Wapato Irrigation Project--Ahtanum Units *....  Minimum Charge per bill.........           17.00           20.00
                                                Basic per acre..................           17.00           20.00
Wapato Irrigation Project--Satus Unit *.......  Minimum Charge for per bill.....           63.00           65.00
                                                ``A'' Basic per acre............           63.00           65.00
                                                ``B'' Basic per acre............           70.00           70.00

[[Page 10770]]

 
Wapato Irrigation Project--Additional Works...  Minimum Charge per bill.........           67.00           67.00
                                                Basic per acre..................           67.00           67.00
Wapato Irrigation Project--Water Rental.......  Minimum Charge..................           72.00           72.00
                                                Basic per acre..................           72.00           72.00
----------------------------------------------------------------------------------------------------------------
                                        Rocky Mountain Region Rate Table
----------------------------------------------------------------------------------------------------------------
Blackfeet Irrigation Project..................  Basic-per acre..................           19.00           19.00
Crow Irrigation Project--Willow Creek O&M       Basic-per acre..................           22.80           23.30
 (includes Agency, Lodge Grass 1,
 Lodge Grass 2, Reno, Upper Little
 Horn, and Forty Mile Units) *.
Crow Irrigation Project--All Others (includes   Basic-per acre..................           22.50           23.00
 Bighorn, Soap Creek, and Pryor Units) *.
Crow Irrigation Two Leggins Drainage District.  Basic-per acre..................            2.00            2.00
Fort Belknap Irrigation Project...............  Basic-per acre..................           14.75           14.75
Fort Peck Irrigation Project..................  Basic-per acre..................           24.70           24.70
Wind River Irrigation Project.................  Basic-per acre..................           20.00           20.00
Wind River Irrigation Project--LeClair          Basic-per acre..................           21.00           20.00
 District * (see Note 1).
Wind River Irrigation Project--Crow Heart Unit  Basic-per acre..................           14.00           14.00
Wind River Irrigation Project--Riverton Valley  Basic-per acre..................           16.00           16.00
 Irrigation District.
----------------------------------------------------------------------------------------------------------------
                                           Southwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Pine River Irrigation Project.................  Minimum Charge per tract........           50.00           50.00
                                                Basic-per acre..................           15.00           15.00
----------------------------------------------------------------------------------------------------------------


 
          Project name               Rate category      Final 2011 rate     Final 2012 rate     Final 2013 rate
----------------------------------------------------------------------------------------------------------------
                                            Western Region Rate Table
----------------------------------------------------------------------------------------------------------------
Colorado River Irrigation         Basic per acre up   $54.00............  $54.00............  To be determined.
 Project.                          to 5.75 acre-feet.
                                  Excess Water per    $17.00............  $17.00............
                                   acre-foot over
                                   5.75 acre-feet.
Duck Valley Irrigation Project..  Basic per acre....  $5.30.............  $5.30.............
Fort Yuma Irrigation Project      Basic per acre up   $86.00............  $86.00--BIA rate
 (See Note 2).            to 5.0 acre-feet.                       is final,
                                                                           Reclamation rate
                                                                           to be determined,
                                                                           see Note 2.
                                  Excess Water per    $14.00............  $14.00--BIA rate
                                   acre-foot over                          is final,
                                   5.0 acre-feet.                          Reclamation rate
                                                                           to be determined,
                                                                           see Note 2.
                                  Basic per acre up   $86.00............  $86.00--BIA rate
                                   to 5.0 acre-feet                        is final,
                                   (Ranch 5).                              Reclamation rate
                                                                           to be determined,
                                                                           see Note 2.
San Carlos Irrigation Project     Basic per acre....  $25.00............  $30.00............  $30.00.
 (Joint Works) * (See Note
 3).
                                 -------------------------------------------------------------------------------
                                               Proposed 2012--2013 Construction Water Rate Schedule:
                                 -------------------------------------------------------------------------------
                                                      Off Project         On Project          On Project
                                                       Construction.       Construction--Gra   Construction--Pum
                                                                           vity Water.         p Water
                                 -------------------------------------------------------------------------------
                                  Administrative Fee  $300.00...........  $300.00...........  $300.00
                                  Usage Fee.........  $250.00 per month.  No Fee............  $100.00 per acre-
                                                                                               foot.
                                  Excess Water Rate   $5 per 1000 gal...  No charge.........  No charge.
                                   [dagger].
                                 -------------------------------------------------------------------------------
                                   [dagger] The excess water rate applies to all water used in excess of 50,000
                                                             gallons in any one month.
                                 -------------------------------------------------------------------------------
San Carlos Irrigation Project     Basic per acre....  $68.00............  $73.00............  To be determined.
 (Indian Works) * (See Note
 4).
Uintah Irrigation Project *.....  Basic per acre....  $15.00............  $16.00............
                                  Minimum Bill......  $25.00............  $25.00............
Walker River Irrigation Project   Indian per acre...  $22.00............  $25.00............
 *.
                                  non-Indian per      $22.00............  $25.00............
                                   acre.
----------------------------------------------------------------------------------------------------------------
* Notes irrigation projects where rates are proposed for adjustment.
Note 1--The O&M rate varies yearly based upon the budget submitted by the LeClair District.
Note 2--The O&M rate for the Fort Yuma Irrigation Project has two components. The first component is
  the O&M rate established by the Bureau of Reclamation (BOR), the owner and operator of the Project. The BOR
  rate for 2012 is yet to be determined. The second component is for the O&M rate established by BIA to cover
  administrative costs including billing and collections for the Project. The 2012 BIA rate has been reduced to
  $1.50/acre. The rates shown include the 2011 Reclamation rate and the 2012 BIA rate.

[[Page 10771]]

 
Note 3--The 2012 rate was established by final notice in the Federal Register on May 9, 2011 (76 FR
  26759). In addition, a Construction Water Rate Schedule for the San Carlos Irrigation Project--Joint Works is
  now being formally established. The rate schedule establishes the fees assessed for use of irrigation water
  for non-irrigation purposes.
Note 4--The 2012 O&M rate for the San Carlos Irrigation Project--Indian Works has three components.
  The first component is the O&M rate established by the San Carlos Irrigation Project--Indian Works, the owner
  and operator of the Project; this rate is proposed to be $35 per acre. The second component is for the O&M
  rate established by the San Carlos Irrigation Project--Joint Works and is determined to be $30 per acre. The
  third component is the O&M rate established by the San Carlos Irrigation Project Joint Control Board and is
  proposed to be $8 per acre.

Consultation and Coordination With Tribal Governments (Executive Order 
13175)

    To fulfill its consultation responsibility to tribes and tribal 
organizations, BIA communicates, coordinates, and consults on a 
continuing basis with these entities on issues related to water 
delivery, water availability, and costs of administration, operation, 
maintenance, and rehabilitation of projects that concern them. This is 
accomplished at the individual irrigation project by Project, Agency, 
and Regional representatives, as appropriate, in accordance with local 
protocol and procedures. This notice is one component of our overall 
coordination and consultation process to provide notice to these 
entities when we adjust irrigation assessment rates.

Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (Executive Order 13211)

    The rate adjustments will have no adverse effects on energy supply, 
distribution, or use (including a shortfall in supply, price increases, 
and increase use of foreign supplies) as this rate adjustment is 
implemented. This is a notice for rate adjustments at BIA-owned and 
operated irrigation projects, except for the Fort Yuma Irrigation 
Project. The Fort Yuma Irrigation Project is owned and operated by the 
Bureau of Reclamation with a portion serving the Fort Yuma Reservation.

Regulatory Planning and Review (Executive Order 12866)

    These rate adjustments are not a significant regulatory action and 
do not need to be reviewed by the Office of Management and Budget under 
Executive Order 12866.

Regulatory Flexibility Act

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

Unfunded Mandates Reform Act of 1995

    These rate adjustments do not impose an unfunded mandate on State, 
local, or tribal governments in the aggregate, or on the private 
sector, of more than $130 million per year. The rule does not have a 
significant or unique effect on State, local, or tribal governments or 
the private sector. Therefore, the Department of the Interior 
(Department) is not required to prepare a statement containing the 
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 
et seq.).

Takings (Executive Order 12630)

    The Department has determined that these rate adjustments do not 
have significant ``takings'' implications. The rate adjustments do not 
deprive the public, state, or local governments of rights or property.

Federalism (Executive Order 13132)

    The Department has determined that these rate adjustments do not 
have significant Federalism effects because they will not affect the 
States, the relationship between the national government and the 
States, or the distribution of power and responsibilities among various 
levels of government.

Civil Justice Reform (Executive Order 12988)

    In issuing this rule, the Department has taken the necessary steps 
to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct, as 
required by section 3 of Executive Order 12988.

Paperwork Reduction Act of 1995

    These rate adjustments do not affect the collections of information 
which have been approved by the Office of Information and Regulatory 
Affairs, Office of Management and Budget, under the Paperwork Reduction 
Act of 1995. The OMB Control Number is 1076-0141 and expires December 
31, 2012.

National Environmental Policy Act

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

Data Quality Act

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

    Dated: February 9, 2012.
Larry Echo Hawk,
Assistant Secretary, Indian Affairs.
[FR Doc. 2012-4200 Filed 2-22-12; 8:45 am]
BILLING CODE 4310-W7-P