[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Notices]
[Pages 41102-41108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17724]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/AAKC001030/A0A501010.999900 253G]
Rate Adjustments for Indian Irrigation Projects
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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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: The irrigation assessment rates are current as of January 1,
2018.
FOR FURTHER INFORMATION CONTACT: For details about a particular BIA
irrigation project or facility, please use the tables in the
SUPPLEMENTARY INFORMATION section to identify contacts at the regional
or local office at which the project or facility is located.
SUPPLEMENTARY INFORMATION: A Notice of Proposed Rate Adjustment was
published in the Federal Register on January 18, 2018 (83 FR 2662) 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 March 19, 2018.
Did BIA defer or change any proposed rate increases?
Yes. The 2019 Operation and Maintenance (O&M) rate for the Wind
River Irrigation Project, Units 2, 3, and 4, was proposed in the
Federal Register at $25.00 per acre. After further review, BIA decided
to change the rate to $24.50. Instead of raising the rate by $1.00, the
rate will only increase by $.50. Because the rate increased by $1.50
over the two previous years, BIA decided the full $1.00 increase for
the 2019 O&M rate is not appropriate. Hence, this notice of rate
adjustments reflects a 2019 O&M rate of $24.50 per acre for Units 2, 3,
and 4.
Did BIA receive any comments on the proposed irrigation assessment rate
adjustments?
Yes. BIA received twelve (12) written comments related to the
proposed irrigation rate adjustment for the Flathead Indian Irrigation
Project and Wind River Irrigation Project.
What issues were of concern to the commenters?
Commenters raised concerns on the proposed rates about the
following issues:
The Following Comments are Specific to the Flathead Indian Irrigation
Project (FIIP)
Written comments relating to the proposed rate adjustment were
received by letter. BIA's summary of the issues and BIA's responses are
provided below.
Comment: Several commenters state a general opposition to the 2019
rate increase, along with a number of specific concerns. These include:
A concern that BIA is pursuing a rate increase prior to the FIIP
manager's annual meeting with the individual irrigation districts, and
concerns with how FIIP management chooses to expend funds obtained
through irrigation rate assessments.
Response: As noted when rates were proposed in the Federal Register
on January 18, 2018 (83 FR 2662), BIA is required to establish
irrigation assessment rates that recover the costs to administer,
operate, maintain, and rehabilitate our projects. As owner of FIIP, it
is BIA's responsibility to ensure adequate resources are made available
to meet the requirements noted above. BIA's authority to assess rates
dates back to the Act of May 29, 1908, codified at 25 U.S.C. 381 et
seq., and is addressed in BIA's regulations at 25 CFR part 171.
Additionally, the repayment contracts between the irrigation districts
and the Department of the Interior explicitly state that operation and
maintenance expenses ``shall be paid . . . as provided . . . by rules
made or to be made . . . by the Secretary of the Interior.'' The
procedures followed by BIA in adjusting its irrigation assessment rates
are consistent with applicable law and past practice.
Regarding the timing of this Federal Register notice, BIA makes
every effort to publish notice of irrigation O&M rate adjustments prior
to the issuance of irrigation bills for the upcoming season, and that
process requires BIA to solicit comments on proposed rate adjustments
on a timeline that will allow it to
[[Page 41103]]
publish by then. The BIA-wide effort seeking comments on proposed
irrigation rate adjustments is separate from the Project-specific
meetings that are conducted by individual Project Managers consistent
with each Project's Operations and Management Guidelines.
Regarding concerns with how FIIP management expends funds, each
Project Manager has discretion to assess priorities and address those
priorities, subject to available funding. As discussed in more detail
below, BIA chose not to implement the full, recommended $7.50 increase
in 2017, choosing instead to impose a $3.00 increase. As a result, the
FIIP Project Manager had less funding available to address key
priorities. It is anticipated that the proposed $4.50 increase will
provide the FIIP Project Manager with opportunities to address
additional priorities.
Comment: One commenter states an opposition to the $4.50 per acre
2019 O&M rate increase, alleging that BIA has not met BIA operating
standards by not meeting monthly with the three irrigation districts
and not meeting with the three districts to discuss O&M costs, water
storage, and other issues.
Response: The status of the FIIP budget and the need to increase
rates were communicated to the Flathead Joint Board of Control (FJBC)
and irrigation districts as early as 2014 and have been discussed with
the irrigation districts, FJBC, and CSKT numerous times since then. BIA
publicly noticed its intent to increase assessment rates in both 2015
and 2016 (see Proposed Rate Adjustments published in the Federal
Register on June 11, 2015 (80 FR 33279, 33283) and August 5, 2016 (81
FR 51927, 51931)). In January 2017, the FIIP Project Manager met with
the FJBC to discuss the proposed 2018 increase, which at the time was
proposed to be $7.50. As discussed below, for a number of reasons, BIA
chose to implement only a $3.00 increase in 2018, but made it clear
that the full $7.50 was warranted and that the remaining $4.50 increase
would be included in the 2019 rates. This information was provided at
an April 11, 2017 water user meeting and reiterated in meetings with
the FJBC on May 9, 2017, June 13, 2017, and July 11, 2017.
The BIA's Operations and Management Guidelines require only an
annual meeting with the FJBC. This meeting took place on April 11,
2017. These Guidelines also allow FIIP management to meet with
individual irrigation districts on an ad hoc basis; to that end, the
FIIP Project Manager met with the chairmen of the three individual
irrigation districts on June 15, 2017 to discuss the $4.50 rate
increase. The FIIP Project Manager also met with the FJBC on September
12, 2017 and October 10, 2017, but the FJBC did not discuss the rate
increase at those meetings.
Comment: One commenter protests the $4.50 per acre increase,
stating that farmers will be faced with a 29% increase in irrigation
costs in two years. The commenter further contends that BIA has not
provided a justification or proposal for utilizing the increase.
Response: The costs associated with operating and maintaining the
FIIP consistently exceed the amount paid to the FIIP through O&M
assessments. Even during the timeframe when the Cooperative Management
Entity operated the FIIP, the O&M assessment rate was increased twice,
in 2010 and 2011. Since re-assumption, BIA has made clear the need to
increase FIIP assessments rates to address O&M needs, and has publicly
noticed the need to raise rates in both 2015 and 2016. The only reason
rate increases were not implemented then was as a result of the
timeframe necessary to communicate an increase to the counties that
collect the O&M assessments. Rate increases have been needed for some
time, and FIIP's ability to address its operation and maintenance needs
have been severely compromised by not increasing rates since 2011.
In 2017, BIA proposed to increase the 2018 rate by $7.50 and
explained in the Federal Register notice on April 21, 2017 (82 FR
18770) that the entire $7.50 increase was justified due to the
increased costs associated with administering, operating, maintaining,
and rehabilitating the FIIP. Because of the timing of the 2017 Federal
Register proposed rate notice, BIA agreed to impose only a $3.00
increase in 2018 and memorialized that increase in the final rate
notice published on August 11, 2017 (82 FR 37604, 37605). At the time,
however, BIA made clear that the additional $4.50 would be included in
its 2019 rates.
The Following Comments Are Specific to the Wind River Irrigation
Project (WRIP)
Written comments relating to the proposed rate adjustment were
received by letter. The BIA's summary of the issues and BIA's responses
are provided below.
Comment: One commenter objects to increased O&M fees that may idle
tribal and allotted lands and decrease the financial viability of
agricultural operations.
Response: BIA's projects are important economic contributors to the
local communities they serve, and they contribute millions of dollars
in crop value annually. Unfortunately, the costs associated with
operating and maintaining an irrigation project may increase
independently of prices and costs that are realized by the irrigators.
Historically, BIA tempered irrigation rates to demonstrate sensitivity
to the economic impact on water users, but that past practice resulted
in a rate deficiency at some irrigation projects. Therefore, funding to
operate and maintain these projects needs to come from the water users
served by those projects.
BIA's irrigation program has been the subject of serval Office of
Inspector General (OIG) and U.S. Government Accountability Office (GAO)
audits. In the most recent OIG audit, No. 96-I-641, March 1996, the OIG
concluded:
Operation and maintenance revenues were insufficient to maintain
the projects, and some projects had deteriorated to the extent that
their continued capability to deliver water was in doubt. This occurred
because operation and maintenance rates were not based on the full cost
of delivering irrigation water, including the costs of systematically
rehabilitating and replacing project facilities and equipment, and
because project personnel did not seek regular rate increases to cover
the full cost of project operation.
A previous OIG audit performed on one of BIA's largest irrigation
projects, the Wapato Irrigation Project, No. 95-I-1402, September 1995,
reached the same conclusion.
To address the issues noted in these audits, BIA must
systematically review and evaluate irrigation assessment rates and
adjust them, when necessary, to reflect the full cost to operate and
perform all appropriate maintenance on the irrigation project or
facility infrastructure to ensure safe and reliable operation. If this
review and adjustment is not accomplished, a rate deficiency can
accumulate over time. Rate deficiencies force BIA to raise irrigation
assessment rates in larger increments over shorter periods than would
have been otherwise necessary.
BIA has projected this proposed rate increase for several years,
and anticipated increasing the assessment rates in both 2018 and 2019.
The Wind River Irrigation Project (WRIP) Operations and Maintenance
(O&M) budget was prepared in accordance with BIA financial guidelines.
The intent of the increases is for maintenance of a
[[Page 41104]]
reserve fund for contingencies or emergencies.
Based on increased costs associated with administering, operating,
maintaining, and rehabilitating WRIP, the need for the proposed rate
increase is clear and justified for both 2018 and 2019. For those farm
units where BIA determines that our irrigation facilities are not
capable of delivering adequate irrigation water, an Annual Assessment
Waiver can be granted to waive the O&M assessment.
Comment: Commenters state that no rate increases should occur on
WRIP. Specifically, some commenters oppose Unit 6's rate increase
because the Ray Canal Water Users Association (RCWUA) efficiently
operates the project through a cooperative agreement.
Response: As explained in the previous response, BIA can no longer
temper irrigation rates. BIA is required to establish irrigation
assessment rates that recover the costs to administer, operate,
maintain, and rehabilitate our projects. As owner of WRIP, it is BIA's
responsibility to ensure adequate resources are made available to meet
the requirements noted above. BIA's authority to assess rates dates
back to the Act of May 29, 1908, codified at 25 U.S.C. 381 et seq., and
is addressed in BIA's regulations at 25 CFR part 171. In accordance
with 25 CFR 171.500, upcoming annual costs are to be estimated through
a budgeting process that factors in all categories, including
maintenance of a reserve fund.
Of the six WRIP rates, BIA does not set the rates for LeClair
District or Riverton Valley Irrigation District. Of the remaining four
WRIP rates, BIA is raising each Unit's 2017 rate by $1.00 over the
course of two years. Rates for three Units (Unit 6, Crow Heart Unit,
and A Canal Unit) are increasing by $1.00 in 2018; these three Units'
rates will not increase in 2019. The remaining rate for Units 2, 3, and
4 will be raised by $1 over the course of two years: $0.50 increase in
2018 and $.50 increase in 2019. The rate increases will replenish
WRIP's reserve fund; as explained below, the reserve fund is for
contingencies or emergencies.
Regarding Unit 6 specifically, RCWUA bases its annual budget on the
85% collection rate minus the BIA direct service cost. The BIA direct
service cost is $3.50 per acre and based on a cost per acre of direct
services BIA provides to Unit 6 (Ray Canal water users), which
includes: (1) Administrative functions for two full-time Accounting
Technicians; (2) general office per acre cost; (3) 7.5% of the Project
Manager's per acre cost; and (4) 8% of the Equipment Operator's per
acre cost. With respect to the last item, BIA's Equipment Operators
operate and maintain Washakie Dam, which provides water to the Ray
Canal Diversion structure. The Equipment Operators also clean trash
racks and maintain the diversion structure for Ray Canal. Operation and
maintenance of Washakie Dam and the Ray Canal Diversion structure is
captured in BIA's direct service cost of $3.50 per acre.
Although RCWUA may be functioning within its budget to provide O&M
within Unit 6, BIA must assess rates based on the entire WRIP. BIA must
increase the rate to (1) reflect the full cost of operating and
performing all maintenance on the irrigation project or facility
infrastructure and (2) maintain a reserve fund to cover emergencies,
including critical repairs to avoid potential system failures that
occurred in 2017. The reserve fund is used as needed for any Unit
within WRIP, including Unit 6. Although BIA receives some non-water
user funding for irrigation rehabilitation, each irrigation project
needs to maintain a reserve fund for emergencies and equipment
purchases. The BIA National Irrigation Handbook's Emergency Reserve
Fund Guidelines recommends a reserve of 40% of the annual O&M costs,
which is calculated by averaging five years of costs. For WRIP, the
recommended reserve amount is $310,000. In addition, irrigation
projects should maintain a sinking fund to meet future expenditures for
replacement of equipment and vehicles. Currently, the reserve fund and
sinking fund combined total is $280,000. The WRIP rate increases will
bring in just over $28,000 in 2018 and over $36,000 in the following
years for replenishment of WRIP's reserve and sinking funds. Thus, BIA
views the modest rate increase here to be necessary and reasonable.
Comment: Commenters expressed a position that the repair costs
(both past and future) of the washout of the 37C chute project should
not be passed on to the RCWUA water users.
Response: Because of flooding that resulted from the melting of the
extensive snowpack that occurred in 2017, a major structure was
damaged, a main canal was put at risk of failure, and 37C chute was
damaged. RCWUA did not incur any of the costs associated with the 37C
chute project. BIA has and will continue to use both O&M funds and the
WRIP reserve fund for repairs from the flooding. BIA, Eastern Shoshone
Tribe, and Northern Arapaho Tribe requested and secured non-water user
funding sources (federal and Tribal funds) to supplement the costs
associated with the repair of 37C chute project. Reserve funding may
also be used for the structure's repair. Accordingly, BIA must increase
O&M rates to replenish the reserve fund to prepare for inevitable
failures or damage. Without the necessary O&M rate increases, lack of
adequate funds could result in the inability of the project to maintain
irrigation system components and deliver water.
Comment: Two commenters state an opposition to the proposed rate
adjustments because the Project has only had one BIA part-time
secretary. Given that a BIA project position has been vacant for years,
salaries from vacant positions should offset any proposed increases.
Response: Presently, WRIP is operating with one full-time
Accounting Technician and an Acting Irrigation Project Manager. BIA
intends to fill two vacant positions: Accounting Technician and
Irrigation Project Manager. We believe that these personnel
expenditures are reasonable and appropriate, and well within BIA's
authority to manage its personnel to assure that its water deliver
obligations are satisfied. Any remaining funds will be utilized toward
flood damage and deferred maintenance. Thus, water users will see a
significant portion of the increase returned to them in form of repairs
and increased maintenance.
Comment: One commenter objects to the proposed rate adjustments
because BIA fails to renew leases and act on leasing in a timely
manner, which leaves a large amount of agricultural land vacant on
WRIP.
Response: Leasing functions fall under the Agency Realty Office,
while leases on Tribal land require Tribal approval. Upon receipt of
leasing information from the Agency Realty Office, BIA's WRIP staff
efficiently perform data entry for O&M billing compilation.
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.
[[Page 41105]]
What authorizes you to issue this notice?
Our authority to issue this notice is vested in the Secretary of
the Interior (Secretary) 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 facilities.
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Project name Project/agency contacts
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Northwest Region Contacts
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Bodie Shaw, Acting Regional Director, Bureau of Indian Affairs,
Northwest Regional Office, 911 NE 11th Avenue, Portland, OR 97232-4169,
Telephone: (503) 231-6702.
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Flathead Indian Irrigation Project Pete Plant, Acting Superintendent,
Pete Plant, Irrigation Project
Manager, P.O. Box 40, Pablo, MT
59855, Telephones: (406) 675-2700
ext. 1300 Superintendent, (406) 745-
2661 ext. 2 Project Manager.
Fort Hall Irrigation Project...... David Bollinger, Irrigation Project
Manager, Building #2 Bannock Ave.,
Fort Hall, ID 83203-0220,
Telephone: (208) 238-6264.
Wapato Irrigation Project......... David Shaw, Superintendent, Larry
Nelson, Acting Project
Administrator, P.O. Box 220,
Wapato, WA 98951-0220, Telephones:
(509) 865-2421 Superintendent,
(509) 877-3155 Acting Project
Administrator.
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Rocky Mountain Region Contacts
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Susan Messerly, Acting Regional Director, Bureau of Indian Affairs,
Rocky Mountain Regional Office, 2021 4th Avenue North, Billings, MT
59101, Telephone: (406) 247-7943.
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Blackfeet Irrigation Project...... Thedis Crowe, 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........... Michael Addy, Acting Superintendent,
Jim Gappa, Acting Irrigation
Project Manager, P.O. Box 69, Crow
Agency, MT 59022, Telephones: (406)
638-2672, Superintendent, (406) 247-
7998, Acting Irrigation Project
Manager.
Fort Belknap Irrigation Project... Dave Hopkins, Acting Superintendent,
Jim Gappa, Acting Irrigation
Project Manager (BIA), (Project
operation & maintenance 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...... Howard Beemer, Superintendent, Huber
Wright, Acting Irrigation Project
Manager, P.O. Box 637, Poplar, MT
59255, Telephones: (406) 768-5312,
Superintendent, (406) 653-1752,
Irrigation Project Manager.
Wind River Irrigation Project..... Norma Gourneau, Superintendent, Jim
Gappa, Acting Irrigation Project
Manager, P.O. Box 158, Fort
Washakie, WY 82514, Telephones:
(307) 332-7810, Superintendent,
(406) 247-7998, Acting Irrigation
Project Manager.
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Southwest Region Contacts
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John Halliday, Acting Regional Director, Bureau of Indian Affairs,
Southwest Regional Office, 1001 Indian School Road, Albuquerque, NM
87104, Telephone: (505) 563-3100.
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Pine River Irrigation Project..... Priscilla Bancroft, Superintendent,
Vickie Begay, Irrigation Project
Manager, P.O. Box 315, Ignacio, CO
81137-0315, Telephones: (970) 563-
4511, Superintendent, (970) 563-
9484, Irrigation Project Manager.
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Western Region Contacts
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Bryan Bowker, Regional Director, Bureau of Indian Affairs, Western
Regional Office, 2600 N Central Ave., 4th Floor Mailroom, Phoenix, AZ
85004, Telephone: (602) 379-6600.
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Colorado River Irrigation Project. Kellie Youngbear Superintendent,
Gary Colvin, Irrigation Project
Manager, 12124 1st Avenue, Parker,
AZ 85344, Telephone: (928) 669-
7111.
Duck Valley Irrigation Project.... Joseph McDade, Superintendent
(Project operation & management
compacted to Tribes), 2719 Argent
Ave., Suite 4, Gateway Plaza, Elko,
NV 89801, Telephone: (775) 738-
5165, (208) 759-3100, (Tribal
Office).
Yuma Project, Indian Unit......... Denni Shields, Superintendent, 256
South Second Avenue, Suite D, Yuma,
AZ 85364, Telephone: (928) 782-
1202.
San Carlos Irrigation Project Ferris Begay, Project Manager,
(Indian Works and Joint Works). Clarence Begay, Irrigation Manager,
13805 N Arizona Boulevard,
Coolidge, AZ 85128, Telephone:
(520) 723-6225.
Uintah Irrigation Project......... Antonio Pingree, Acting
Superintendent, Ken Asay,
Irrigation System Manager, P.O. Box
130, Fort Duchesne, UT 84026,
Telephone: (435) 722-4300, (435)
722-4344.
Walker River Irrigation Project... Robert Eben, Superintendent, 311 E
Washington Street, Carson City, NV
89701, Telephone: (775) 887-3500.
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[[Page 41106]]
What irrigation assessments or charges are adjusted by this notice?
The rate table below contains the final rates for the 2018 and 2019
calendar years for all irrigation projects where we recover costs of
administering, operating, maintaining, and rehabilitating them. An
asterisk immediately following the rate category notes the irrigation
projects where 2018 rates are different from the 2019 rates.
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Final 2017 Final 2018 Final 2019
Project name Rate category rate rate rate
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Northwest Region Rate Table
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Flathead Indian Irrigation Project Basic-per acre--A *..... $26.00 $29.00 $33.50
(See Note #1).
Basic-per acre--B *..... 13.00 14.50 16.75
Minimum Charge per tract 75.00 75.00 75.00
Fort Hall Irrigation Project.......... Basic per acre *........ 54.00 56.00 58.00
Minimum Charge per tract 38.50 39.00 40.00
*.
Fort Hall Irrigation Project--Minor Basic per acre *........ 32.50 35.00 36.50
Units.
Minimum Charge per tract 38.50 39.00 40.00
*.
Fort Hall Irrigation Project--Michaud. Basic per acre *........ 57.50 59.50 62.00
Pressure per acre *..... 88.50 92.50 98.00
Minimum Charge per tract 38.50 39.00 40.00
*.
Wapato Irrigation Project--Toppenish/ Minimum Charge per bill. 25.00 25.00 25.00
Simcoe Units.
Basic per acre.......... 25.00 25.00 25.00
Wapato Irrigation Project--Ahtanum Minimum Charge per bill. 30.00 30.00 30.00
Units.
Basic per acre.......... 30.00 30.00 30.00
Wapato Irrigation Project--Satus Unit. Minimum Charge per bill. 79.00 79.00 79.00
``A'' Basic per acre.... 79.00 79.00 79.00
``B'' Basic per acre.... 85.00 85.00 85.00
Wapato Irrigation Project--Additional Minimum Charge per bill. 78.00 80.00 80.00
Works.
Basic per acre.......... 78.00 80.00 80.00
Wapato Irrigation Project--Water Minimum Charge.......... 86.00 86.00 86.00
Rental.
Basic per acre.......... 86.00 86.00 86.00
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Rocky Mountain Region Rate Table
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Blackfeet Irrigation Project.......... Basic-per acre.......... 20.00 20.00 20.00
Crow Irrigation Project--Willow Creek Basic-per acre.......... 28.00 28.00 28.00
O&M (includes Agency, Lodge Grass #1,
Lodge Grass #2, Reno, Upper Little
Horn, and Forty Mile Units).
Crow Irrigation Project--All Others Basic-per acre.......... 28.00 28.00 28.00
(includes Bighorn, Soap Creek, and
Pryor Units).
Crow Irrigation Project--Two Leggins Basic-per acre.......... 14.00 14.00 14.00
Unit.
Crow Irrigation Two Leggins Drainage Basic-per acre.......... 2.00 2.00 2.00
District.
Fort Belknap Irrigation Project....... Basic-per acre.......... 16.00 16.00 16.00
Fort Peck Irrigation Project.......... Basic-per acre *........ 26.50 26.50 27.00
Wind River Irrigation Project--Units Basic-per acre *........ 23.50 24.00 24.50
2, 3 and 4.
Wind River Irrigation Project--Unit 6. Basic-per acre.......... 21.00 22.00 22.00
Wind River Irrigation Project--LeClair Basic-per acre.......... 47.00 47.00 47.00
District (see Note #2).
Wind River Irrigation Project--Crow Basic-per acre.......... 15.50 16.50 16.50
Heart Unit.
Wind River Irrigation Project--A Canal Basic-per acre.......... 15.50 16.50 16.50
Unit.
Wind River Irrigation Project-- Basic-per acre.......... 30.65 30.65 30.65
Riverton Valley Irrigation District
(see Note #2).
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Southwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Pine River Irrigation Project......... Minimum Charge per tract 50.00 50.00 50.00
Basic-per acre *........ 19.00 20.00 21.00
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----------------------------------------------------------------------------------------------------------------
Western Region Rate Table
----------------------------------------------------------------------------------------------------------------
Colorado River Irrigation Basic per acre up 54.00.............. 54.00.............. 54.00
Project. to 5.75 acre-
feet.
Excess Water per 17.000............. 17.00.............. 17.00
acre-foot over
5.75 acre-feet.
Duck Valley Irrigation Project Basic per acre... 5.30............... 5.30............... ( +)
(See Note #3).
Yuma Project, Indian Unit (See Basic per acre up 118.50............. 147.00............. ( +)
Note #4). to 5.0 acre-feet.
Excess Water per 27.50.............. 30.00.............. ( +)
acre-foot over
5.0 acre-feet.
Basic per acre up 118.50............. 147.00............. ( +)
to 5.0 acre-feet
(Ranch 5).
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[[Page 41107]]
San Carlos Irrigation Project Basic per acre *. 25.00.............. 27.90.............. 31.25
(Joint Works) (See Note #5).
---------------------------------------------------------------------------------
Final 2017, 2018, 2019 Construction Water Rate Schedule:
---------------------------------------------------------------------------------
Off project On project On project
construction....... construction--..... construction--
gravity water...... pump water
---------------------------------------------------------------------------------
Administrative 300.00............. 300.00............. 300.00.
Fee.
Usage Fee........ 250.00 per month... No Fee............. 100.00 per acre
foot.
Excess Water Rate 5.00 per 1,000 gal. No Charge.......... No Charge.
[dagger].
----------------------------------------------------------------------------------------------------------------
Final 2017 Final 2018 Final 2019
Project name Rate category rate rate rate
----------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project (Indian Basic per acre *........ $81.00 $87.60 $95.40
Works) (See Note #6).
Uintah Irrigation Project............. Basic per acre *........ 18.00 20.00 21.00
Minimum Bill............ 25.00 25.00 25.00
Walker River Irrigation Project....... Basic per acre.......... 31.00 31.00 31.00
----------------------------------------------------------------------------------------------------------------
+ These rates have not yet been determined; BIA will publish a separate notice for these rates at a later date.
[dagger] The excess water rate applies to all water used in excess of 50,000 gallons in any one month.
* Notes irrigation projects where 2018 rates are different from 2019 rates.
Note #1: Federal Register Notice on January 18, 2018 (83 FR 2665), finalized the 2018 rate for the Flathead
Indian Irrigation Project.
Note #2: These O&M rates may vary yearly based upon the budget submitted by the LeClair District and the
Riverton Valley Irrigation District.
Note #3: The annual O&M rate is established by the Shoshone-Paiute Tribes who perform O&M under a self-
governance compact.
Note #4: The O&M rate for the Yuma Project, Indian Unit has two components. The first component of the O&M rate
is established by the Bureau of Reclamation (BOR), the owner and operator of the Project. BOR's rate, which is
based upon the annual budget submitted by BOR, is 143.50 for 2018; and has not been established for 2019. The
second component of the O&M rate is established by BIA to cover administrative costs, which includes billing
and collections for the Project. The 2018 and 2019 BIA rate component is 3.50/acre.
Note #5: Federal Register Notice on August 11, 2017 (82 FR 37608), established the final 2018 rate for the San
Carlos Irrigation Project. The construction water rate schedule identifies the fees assessed for use of
irrigation water for non-irrigation purposes.
Note #6: The 2018 and 2019 O&M rates 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 50.00 per acre each year. The second component is for the O&M rate
established by the San Carlos Irrigation Project--Joint Works and is determined to be 27.90 per acre for 2018
and 31.25 per acre for 2019. The third component is the O&M rate established by the San Carlos Irrigation
Project Joint Control Board and is 9.70 per acre for 2018 and 14.15 per acre for 2019.
Consultation and Coordination With Tribal Governments (Executive Order
13175)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. We have evaluated this
notice under the Department's consultation policy and under the
criteria of Executive Order 13175 and have determined there to be
substantial direct effects on federally recognized Tribes because the
irrigation projects are located on or associated with Indian
reservations. To fulfill its consultation responsibility to Tribes and
Tribal organizations, BIA communicates, coordinates, and consults on a
continuing basis with these entities on issues of water delivery, water
availability, and costs of administration, operation, maintenance, and
rehabilitation of projects that concern them. This is accomplished at
the individual irrigation project by project, agency, and regional
representatives, as appropriate, in accordance with local protocol and
procedures. This notice is one component of our overall coordination
and consultation process to provide notice to, and request comments
from, these entities when we adjust irrigation assessment rates.
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (Executive Order 13211)
The rate adjustments are not a significant energy action under the
definition in Executive Order 13211. A Statement of Energy Effects is
not required.
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. They do not have a
significant or unique effect on state, local, or Tribal governments or
the private sector. Therefore, the Department is not required to
prepare a statement containing the information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et seq.).
Takings (Executive Order 12630)
These rate adjustments do not effect a taking of private property
or otherwise have ``takings'' implications under Executive Order 12630.
The rate adjustments do not deprive the public, state, or local
governments of rights or property.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, these
rate adjustments do not have sufficient federalism implications to
warrant the preparation of a federalism summary impact statement
because they will not affect the States, the relationship
[[Page 41108]]
between the national government and the States, or the distribution of
power and responsibilities among various levels of government. A
federalism summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
This notice complies with the requirements of Executive Order
12988. Specifically, in issuing this notice, 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 (OMB), under the Paperwork
Reduction Act of 1995. The OMB Control Number is 1076-0141 and expires
June 30, 2019.
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), pursuant to 43 CFR 46.210(i). In addition, the rate
adjustments do not present any of the 12 extraordinary circumstances
listed at 43 CFR 46.215.
Data Quality Act
In developing this notice, we did not conduct or use a study,
experiment, or survey requiring peer review under the Data Quality Act
(Pub. L. 106-554).
Dated: August 13, 2018.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2018-17724 Filed 8-16-18; 8:45 am]
BILLING CODE 4337-15-P