Rate Adjustments for Indian Irrigation Projects, 32043-32048 [E8-12610]

Download as PDF Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated May 22, 2008, the President declared a major disaster under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121–5206 (the Stafford Act), as follows: yshivers on PROD1PC62 with NOTICES I have determined that the damage in certain areas of the State of South Dakota resulting from a severe winter storm and record and near record snow during the period of May 1–2, 2008, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121–5206 (the Stafford Act). Therefore, I declare that such a major disaster exists in the State of South Dakota. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Public Assistance in the designated areas; assistance for emergency protective measures (Public Assistance Category B), including snow removal for any continuous 48-hour period during or proximate to the incident period in the designated areas; Hazard Mitigation throughout the State; and any other forms of assistance under the Stafford Act that you deem appropriate. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation will be limited to 75 percent of the total eligible costs. Federal funds provided under the Stafford Act for Public Assistance also will be limited to 75 percent of the total eligible costs, except for any particular projects that are eligible for a higher Federal cost-sharing percentage under the FEMA Public Assistance Pilot Program instituted pursuant to 6 U.S.C. 777. If Other Needs Assistance under Section 408 of the Stafford Act is later requested and warranted, Federal funding under that program also will be limited to 75 percent of the total eligible costs. Further, you are authorized to make changes to this declaration to the extent allowable under the Stafford Act. The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Tony Russell, of FEMA, is appointed to act as the Federal Coordinating Officer for this declared disaster. The following areas of the State of South Dakota have been designated as adversely affected by this declared major disaster: Bennett, Butte, Harding, Jackson, and Perkins Counties for Public Assistance. Butte, Harding, and Lawrence Counties for emergency protective measures (Category B), VerDate Aug<31>2005 14:51 Jun 04, 2008 Jkt 214001 including snow removal assistance, under the Public Assistance program for any continuous 48-hour period during or proximate to the incident period. All counties within the State of South Dakota are eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households, 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8–12523 Filed 6–4–08; 8:45 am] BILLING CODE 9110–10–P DEPARTMENT OF THE INTERIOR Outer Continental Shelf (OCS) Policy Committee—Notice of Renewal Minerals Management Service (MMS), Interior. AGENCY: Notice of Renewal of the Outer Continental Shelf Policy Committee. ACTION: SUMMARY: Following consultation with the General Services Administration, notice is hereby given that the Secretary of the Interior (Secretary) is renewing the OCS Policy Committee. The OCS Policy Committee will provide advice to the Secretary through the Director of the Minerals Management Service related to the discretionary functions of the Bureau under the OCS Lands Act and related statutes. The Committee will review and comment on all aspects of leasing, exploration, development and protection of OCS resources and provide a forum to convey views representative of coastal states, local government, offshore industries, environmental community, other users of the offshore, and the interested public. Ms. Jeryne Bryant, Minerals Management Service, Offshore Minerals Management, Herndon, Virginia 20170–4817, telephone (703) 787–1213. FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 32043 Certification I hereby certify that the renewal of the OCS Policy Committee is in the public interest in connection with the performance of duties imposed on the Department of the Interior by 43 U.S.C. 1331 et seq. Dated: May 30, 2008. Dirk Kempthorne, Secretary of the Interior. [FR Doc. E8–12617 Filed 6–4–08; 8:45 am] BILLING CODE 4310–MR–P 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. SUMMARY: The Bureau of Indian Affairs (BIA) owns or has an interest in irrigation projects and facilities located on various Indian reservations throughout the United States. We are authorized to establish rates to recover the costs to administer, operate, maintain, and rehabilitate those facilities. We are notifying you that we have adjusted the irrigation assessment rates at several of our irrigation projects and facilities for operation and maintenance. Effective Date: The irrigation assessment rates shown in the tables are effective on January 1, 2008. DATES: For details about a particular BIA irrigation project or facility, please use the tables in SUPPLEMENTARY INFORMATION section to contact the regional or local office where the project or facility is located. FOR FURTHER INFORMATION CONTACT: A Notice of Proposed Rate Adjustment was published in the Federal Register on February 8, 2008 (73 FR 7583) to adjust the irrigation rates at several BIA irrigation projects and facilities. The public and interested parties were provided an opportunity to submit written comments during the 60-day period that ended April 8, 2008. SUPPLEMENTARY INFORMATION: Did the BIA Defer Any Proposed Rate Increases? For the Fort Belknap Indian Irrigation Project, the BIA, in consultation with the Gros Ventre and Assiniboine Tribes and Project water users, has deferred the rate increase for 2008. E:\FR\FM\05JNN1.SGM 05JNN1 32044 Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices Did the BIA Receive Any Comments on the Proposed Irrigation Assessment Rate Adjustments? Written comments were received for the proposed rate adjustments for the Blackfeet Irrigation Project, Fort Belknap Irrigation Project, and the Wind River Irrigation Project. What Issues Were of Concern by the Commenters? Individuals and entities commenting on the proposed rates for 2008 were concerned with one or more of the following issues: (1) How funds are expended for operation and maintenance (O&M) costs; (2) how rate increases are justified and communicated to water users; (3) how rate increases impact the local agricultural economy and individual land owners; (4) the role of the BIA’s Central Office in managing projects and the burden of federal regulations; (4) land owners without access to project water being assessed irrigation charges; (5) the BIA’s non-delivery of water to water users with outstanding O&M charges; and (6) the BIA’s trust responsibility for projects. The following comment is specific to the Wind River Irrigation Project: users assert that O&M rates should not be adjusted until a study of the project’s irrigable and assessable acreage is completed. yshivers on PROD1PC62 with NOTICES How Does the Bia Respond to Concerns Regarding How Funds Are Expended for O&M Costs? The BIA considers the following expenses when determining an irrigation project’s budget: project personnel costs; materials and supplies; vehicle and equipment repairs; equipment; capitalization expenses; acquisition expenses; rehabilitation costs; maintenance of a reserve fund for contingencies or emergencies; and other expenses that we determine are necessary to properly operate and maintain an irrigation project. One common misconception water users have is that all salary costs are administrative. Only a portion of each project’s budget is for administrative costs. The administrative costs for a project includes office costs, office staff (accounting and clerical), and a portion of the project manager’s salary. Nonadministrative costs are the cost to operate and maintain the project or facility. Operation and maintenance workers perform operation and maintenance work, thus their salaries are considered operation and maintenance costs, not administrative costs. All projects need essential VerDate Aug<31>2005 14:51 Jun 04, 2008 Jkt 214001 personnel to operate and maintain the project, including a project manager, accounting staff, and irrigation system operators (ditchriders). How Does the Bia Respond to Concerns Regarding the Justification for and Communication of Rate Increases to Land Owners? BIA policy states that irrigation project managers are required to meet, at a minimum, twice annually with their water users—once at the end of the irrigation season and once before the next season. For projects that operate year-round, project managers will determine the best schedule for holding these meetings. At these meetings, irrigation staff will provide water users with information regarding project operations—including budget plans and actual annual expenditures—and obtain feedback and input from water users. Individuals concerned with the BIA’s management of its projects and its O&M rates may review the BIA’s records at their convenience. The BIA’s project budget estimates and expense records are available for review by stakeholders or interested parties. Stakeholders (water users, land owners, or tribes) can review these records during normal business hours at the individual agency office. Alternatively, stakeholders or interested parties may request project records under the Freedom of Information Act (FOIA). The BIA will provide copies of such records to the requesting party in accordance with FOIA. To review or obtain copies of project records, stakeholders and interested parties should contact the BIA representative at the specific project or facility serving them, using the tables in the SUPPLEMENTARY INFORMATION section below. How does the BIA respond to concerns regarding the impact of irrigation assessment rate increases on local agricultural economies and individual land owners? The BIA’s projects are important economic contributors to the local communities they serve. These projects contribute millions of dollars in crop value annually. Historically, the BIA tempered irrigation rate increases to demonstrate sensitivity to the economic impact on water users. This past practice resulted in a rate deficiency at some irrigation projects. The BIA does not have discretionary funds to subsidize irrigation projects. Funding to operate and maintain these projects needs to come from revenues from the water users served by those projects. PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 Over the past several years, the BIA’s irrigation program has been the subject of several Office of Inspector General (OIG) and 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 the BIA’s largest irrigation projects, the Wapato Indian Irrigation Project, No. 95–I–1402, September 1995, reached the same conclusion. To address the issues noted in these audits, the BIA must systematically review and evaluate irrigation assessment rates and adjust them, when necessary, to reflect the full costs to properly 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. Rate deficiencies force the BIA to raise irrigation assessment rates in larger increments over shorter periods of time than would have been otherwise necessary. How does the BIA respond to concerns regarding the role of the BIA’s Central Office in managing projects and the costs associated with complying with federal regulations? The BIA must follow Federal regulations as it operates and maintains the projects under its ownership or control. Specifically, the BIA must follow Federal guidelines in hiring and compensating personnel to operate and manage irrigation projects. The BIA sets rates in accordance with the criteria identified above. The BIA Central Office does not unilaterally impose rate increases on projects. The BIA is reviewing various options for cost savings, including turning over projects or sections of projects to water users and sharing personnel between or among projects. E:\FR\FM\05JNN1.SGM 05JNN1 Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices How does the BIA respond to concerns regarding land owners without access to project water being assessed irrigation charges? As mentioned above, OIG and GAO performed audits on the BIA irrigation program and noted that the BIA has not set irrigation assessment rates at levels high enough to operate and maintain its irrigation projects. The BIA has been increasing rates to address this concern. Because rates were low for many years, numerous maintenance items were deferred. At some projects, this deferral resulted in the BIA’s inability to deliver water to all users. To assist water users in this regard, the BIA updated its Irrigation Operations and Maintenance regulations, 25 CFR part 171, to allow a water user to apply for a waiver of irrigation assessment charges if the BIA is incapable of delivering water to that water user. To apply for this waiver, a water user must meet with local project staff. How does the BIA respond to concerns regarding the BIA’s refusal to deliver water to water users with outstanding O&M charges? The BIA’s irrigation regulations, 25 CFR part 171, require the BIA to withhold irrigation services from users who have delinquent debt with the BIA, including balances that have been referred to the United States Treasury. How does the BIA respond to comments regarding the BIA’s trust responsibility in relation to projects? The BIA disagrees that increasing O&M rates for projects violates any trust duty. The BIA has no trust obligation to operate and maintain irrigation projects. See, e.g., Grey v. United States, 21 Cl. Ct. 285 (1990), aff’d, 935 F.2d 281 (Fed. Cir. 1991), cert. denied, 502 U.S. 1057 (1992). The BIA, pursuant to 25 U.S.C. section 381 et seq. and 25 CFR Part 171, has the responsibility to administer constructed projects, set rates, collect assessments, and make decisions regarding water delivery. The BIA must collect O&M assessments to operate and maintain the irrigation infrastructure on its projects. Over time, the costs of operating and maintaining these projects increases, and rates must be adjusted accordingly to enable the BIA to continue to provide irrigation services. Raising rates to reflect the full costs associated with operating and maintaining projects is essential because O&M rates are the only regular source of funding for the BIA’s irrigation projects. How does the BIA response to the issue raised by users of the Wind River Irrigation Project, that O&M rates should not be adjusted until the redesignation study of the project’s irrigable and assessable acreage is completed? The BIA levies assessments on lands to which its project is authorized and capable of delivering water. Thus, a parcel’s irrigation history is immaterial to whether it is subject to an irrigation assessment. The Secretary may deem lands within a project non-assessable, in which case those lands may be removed from the project—permanently or temporarily—with the landowner’s consent. 25 U.S.C. sections 389a, 389b. The redesignation study will not determine what O&M assessment the lands could support. The study only determines if the lands are irrigable and if they should remain assessable. The overall O&M assessment for a project is based on its total assessable acres. If the redeisgnation study recommends removing assessable acres from the project, the O&M assessment rate would Project name 32045 increase significantly for those acres remaining in the project. Until such time as the land re-designation study referenced by this commenter is finished, individual users may apply for an annual assessment waiver under 25 CFR part 171. Did the BIA receive comments on any proposed changes other than rate adjustments? No. Does this notice affect me? This notice affects you if you own or lease land within the assessable acreage of one of our irrigation projects, or you have a carriage agreement with one of our irrigation projects. Where can I get information on the regulatory and legal citations in this notice? You can contact the appropriate office(s) stated in the tables for the irrigation project that serves you, or you can use the Internet site for the Government Printing Office at https:// 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. section 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 contacts Northwest Region Contacts Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest Regional Office, 911 N.E. 11th Avenue, Portland, OR 97232–4169, Telephone: (503) 231–6702. Flathead Irrigation Project ............... Fort Hall Irrigation Project ............... Wapato Irrigation Project ................ Chuck Courville, Acting Superintendent, Flathead Agency Irrigation Division, P.O. Box 40, Pablo, MT 59855–0040, Telephone: (406) 675–2700. Eric J. LaPointe, Superintendent, Alan Oliver, Supervisory General Engineer, Fort Hall Agency, P.O. Box 220, Fort Hall, ID 83203–0220, Telephone: (208) 238–2301. Pierce Harrison, Project Administrator, Wapato Irrigation Project, P.O. Box 220, Wapato, WA 98951–0220, Telephone: (509) 877–3155. yshivers on PROD1PC62 with NOTICES Rocky Mountain Region Contacts Ed Parisian, Regional Director, Bureau of Indian Affairs, Rocky Mountain Regional Office, 316 North 26th Street, Billings, MT 59101, Telephone: (406) 247–7943. Blackfeet Irrigation Project .............. Crow Irrigation Project .................... VerDate Aug<31>2005 14:51 Jun 04, 2008 Stephen Pollock, Superintendent, Ted Hall, Irrigation Project Manager, Box 880, Browning, MT 59417, Telephones: (406) 338–7544, Superintendent, (406) 338–7519, Irrigation Project Manager. George Gover, Superintendent, Karl Helvik, Irrigation Project Manager, P.O. Box 69, Crow Agency, MT 59022, Telephones: (406) 638–2672, Superintendent, (406) 638–2863, Irrigation Project Manager. Jkt 214001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1 32046 Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices Project name Project/agency contacts Fort Belknap Irrigation Project ........ Judy Gray, Superintendent, Ralph Leo, Irrigation Project Manager, R.R. 1, Box 980, Harlem, MT 59526, Telephones: (406) 353–2901, Superintendent, (406) 353–2905, Irrigation Project Manager. Florence White Eagle, Superintendent, P.O. Box 637, Poplar, MT 59255, Richard Kurtz, Irrigation Manager, 602 6th Avenue North, Wolf Point, MT 59201, Telephones: (406) 768–5312, Superintendent, (406) 653–1752, Irrigation Manager. Ed Lone Fight, Superintendent, Ray Nation, Acting Irrigation Project Manager, P.O. Box 158, Fort Washakie, WY 82514, Telephones: (307) 332–7810, Superintendent, (307) 332–2596, Irrigation Project Manager. Fort Peck Irrigation Project ............. Wind River Irrigation Project ........... Southwest Region Contacts Larry Morrin, Regional Director, Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School Road, Albuquerque, NM 87104, Telephone: (505) 563–3100. Pine River Irrigation Project ............ Ross P. Denny, Superintendent, John Formea, Irrigation Engineer, P.O. Box 315, Ignacio, CO 81137– 0315, Telephones: (970) 563–4511, Superintendent, (970) 563–9484, Irrigation Engineer. Western Region Contacts Allen Anspach, Regional Director, Bureau of Indian Affairs, Western Regional Office, Two Arizona Center, 400 N. 5th Street, 12th floor, Phoenix, AZ 85004, Telephone: (602) 379–6600. Colorado River Irrigation Project .... Duck Valley Irrigation Project ......... Fort Yuma Irrigation Project ............ San Carlos Irrigation Project Joint Works. San Carlos Irrigation Project Indian Works. Uintah Irrigation Project .................. Walker River Irrigation Project ........ Perry Baker, Superintendent, Ted Henry, Irrigation Project Manager, R.R. 1, Box 9–C, Parker, AZ 85344, Telephone: (928) 669–7111. Joseph McDade, Superintendent, 1555 Shoshone Circle, Elko, NV 89801, Telephone: (775) 738–0569. Raymond Fry, Superintendent, P.O. Box 11000, Yuma, AZ 85366, Telephone: (520) 782–1202. Carl Christensen, Supervisory General Engineer, P.O. Box 250, Coolidge, AZ 85228, Telephone: (520) 723–6216. Joe Revak, Supervisory General Engineer, Pima Agency, Land Operations, Box 8, Sacaton, AZ 85247, Telephone: (520) 562–3372. Lynn Hansen, Irrigation Manager, P.O. Box 130, Fort Duchesne, UT 84026, Telephone: (435) 722–4341. 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 of our irrigation projects where we recover our costs for operation and maintenance. The table also contains the final rates for the 2008 season and subsequent years where applicable. An asterisk immediately following the name of the project notes that the BIA adjusted that project’s rates for 2009. NORTHWEST REGION RATE TABLE Final 2007 rate Final 2008 rate Final 2009 rate Project name Rate category Flathead Irrigation Project .................................... Basic per acre—A ................................................ Basic per acre—B ................................................ Minimum Charge per tract ................................... Basic per acre ...................................................... Minimum Charge per tract ................................... Basic per acre ...................................................... Minimum Charge per tract ................................... Basic per acre ...................................................... Pressure per acre ................................................. Minimum Charge per tract ................................... Billing Charge per Tract ....................................... $23.45 10.75 65.00 27.00 25.00 17.00 25.00 35.75 50.00 25.00 5.00 $23.45 10.75 65.00 31.00 27.00 21.00 27.00 39.75 55.50 27.00 5.00 $23.45 10.75 65.00 Minimum Charge for farm unit/land tracts up to one acre. Farm unit/land tracts over one acre—per acre .... Billing Charge per Tract ....................................... Minimum Charge for farm unit/land tracts up to one acre. Farm unit/land tracts over one acre—per acre .... Billing Charge per Tract ....................................... Minimum Charge for farm unit/land tracts up to one acre. ‘‘A’’ farm unit/land tracts over one acre—per acre Additional Works farm unit/land tracts over one acre—per acre. ‘‘B’’ farm unit/land tracts over one acre—per acre 14.00 14.00 15.00 14.00 5.00 14.00 14.00 5.00 14.00 15.00 5.00 15.00 14.00 5.00 55.00 14.00 5.00 55.00 15.00 5.00 58.00 55.00 60.00 55.00 60.00 58.00 63.00 65.00 65.00 68.00 Fort Hall Irrigation Project* ................................... Fort Hall Irrigation Project—Minor Units* ............. Fort Hall Irrigation Project—Michaud* .................. Wapato Irrigation Units*. Project—Toppenish/Simcoe yshivers on PROD1PC62 with NOTICES Wapato Irrigation Project—Ahtanum Units* ......... Wapato Irrigation Project—Satus Unit* ................ VerDate Aug<31>2005 14:51 Jun 04, 2008 Jkt 214001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1 1 5.00 32047 Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices NORTHWEST REGION RATE TABLE—Continued Project name Final 2007 rate Rate category Water Rental Agreement Lands—per acre .......... 1To Final 2008 rate 67.00 67.00 Final 2009 rate 70.00 be determined. Project name Final 2007 rate Rate category Final 2008 rate Rocky Mountain Region Rate Table Blackfeet Irrigation Project* ............................................................................. Crow Irrigation Project—Willow* Creek O&M (includes Agency, Lodge Grass #1, Lodge Grass #2, Reno, Upper Little Horn, and Forty Mile Units). Crow Irrigation Project—All* Others (includes Bighorn, Soap Creek, and Pryor Units). Crow Irrigation Two Leggins Drainage District ............................................... Fort Belknap Irrigation Project ........................................................................ Fort Peck Irrigation Project* ............................................................................ Wind River Irrigation Project* .......................................................................... Wind River Irrigation Project—LeClair District ................................................ Basic-per acre .................................... Basic-per acre .................................... $15.50 19.30 $17.00 20.80 Basic-per acre .................................... 19.00 20.50 Basic-per Basic-per Basic-per Basic-per Basic-per .................................... .................................... .................................... .................................... .................................... 2.00 13.88 20.00 15.00 17.00 2.00 13.88 22.00 16.00 17.00 Minimum Charge per tract ................. Basic-per acre .................................... 50.00 15.00 50.00 15.00 acre acre acre acre acre Southwest Region Rate Table Pine River Irrigation Project ............................................................................ Project name Final 2007 rate Rate category Colorado River Irrigation Project .................... Final 2009 rate San Carlos Irrigation Project (Joint Works) (See Note #2). San Carlos Irrigation Project* (Indian Works) Uintah Irrigation Project* ................................ Walker River Irrigation Project* (See Note #3). up to 5.75 acre-feet ............... per acre-foot over 5.75 acre- $47.00 17.00 $47.00 17.00 ................................................ up to 5.0 acre-feet ................. per acre-foot over 5.0 acre- 5.30 72.00 10.50 5.30 77.00 14.00 up to 2.0 acre-feet (Ranch 5) ................................................ .................... 30.00 28.00 21.00 Basic-per acre ................................................ Basic-per acre ................................................ Minimum Bill ................................................... Indian per acre ............................................... 77.00 12.00 25.00 10.00 57.00 12.50 25.00 13.00 16.00 non-Indian per acre ........................................ Duck Valley Irrigation Project ......................... Fort Yuma Irrigation Project* .......................... (See Note #1) ................................................. Basic per acre Excess Water feet. Basic-per acre Basic-per acre Excess Water feet. Basic-per acre Basic-per acre Final 2008 rate To be determined. 16.00 16.00 16.00 21.00 To be determined. * Irrigation projects where rates were adjusted. Note #1—The O&M rate for 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 2008 is $70.00/acre. The second component is for the O&M rate established by the Bureau of Indian Affairs (BIA) to cover administrative costs including billing and collections for the Project. The 2008 BIA rate remains unchanged at $7.00/acre. The 2008 BOR rate for ‘‘Ranch 5’’ is $28.00/acre. In 2008, the BIA is not charging administrative costs on ‘‘Ranch 5’’ acreage. For 2009, the BIA will be proposing the addition of the $7.00 BIA administrative fee to the ‘‘Ranch 5’’ acreage. Note #2—The 2008 and 2009 rate was established by final notice published in the FEDERAL REGISTER on April 20, 2007 (Vol. 72, No. 76, page 19954). The 2010 rate is to be determined. The Arizona Water Settlement Act is expected to be effective December 31, 2007, and this circumstance may affect what the O&M rate should be for the SCIPJW in 2010. Note #3—The 2008 and 2009 irrigation rates are established through this notice. yshivers on PROD1PC62 with NOTICES Consultation and Coordination With Tribal Governments (Executive Order 13175) To fulfill its consultation responsibility to tribes and tribal organizations the 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 VerDate Aug<31>2005 14:51 Jun 04, 2008 Jkt 214001 individual projects by Project, Agency, and Regional representatives, as appropriate, in accordance with local protocol and procedures. This notice is one component of the BIA’s overall coordination and consultation process to provide notice to, and request comments from, these entities when the BIA adjusts irrigation rates. PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (Executive Order 13211) The rate adjustments will have no adverse effects on energy supply, distribution, or use (including a shortfall in supply, price increases, and increase use of foreign supplies) should the proposed rate adjustments be implemented. This is a notice for rate adjustments at BIA-owned and operated projects, except for the Fort Yuma E:\FR\FM\05JNN1.SGM 05JNN1 32048 Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices 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 Unfunded Mandates Reform Act of 1995 These rate adjustments impose no unfunded mandates on any governmental or private entity and are in compliance with the provisions of the Unfunded Mandates Reform Act of 1995. Takings (Executive Order 12630) The Department has determined that these rate adjustments do not have significant ‘‘takings’’ implications. The rate adjustments do not deprive the public, state, or local governments of rights or property. Federalism (Executive Order 13132) The Department has determined that these rate adjustments do not have significant Federalism effects because they pertain solely to Federal-tribal relations and will not interfere with the roles, rights, and responsibilities of states. Civil Justice Reform (Executive Order 12988) In accordance with Executive Order 12988, the Office of the Solicitor has determined that this rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. yshivers on PROD1PC62 with NOTICES Paperwork Reduction Act of 1995 These rate adjustments do not affect the collections of information which have been approved by the Office of Information and Regulatory Affairs, Office of Management and Budget, under the Paperwork Reduction Act of 1995. The OMB Control Number is 1076–0141 and expires August 31, 2009. National Environmental Policy Act The Department has determined that these rate adjustments do not constitute 14:51 Jun 04, 2008 Dated: May 16, 2008. Carl J. Artman, Assistant Secretary—Indian Affairs. [FR Doc. E8–12610 Filed 6–4–08; 8:45 am] BILLING CODE 4310–W7–P DEPARTMENT OF THE INTERIOR This rate making is not a rule for the purposes of the Regulatory Flexibility Act because it is ‘‘a rule of particular applicability relating to rates.’’ 5 U.S.C. 601(2). VerDate Aug<31>2005 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)). Jkt 214001 Bureau of Land Management [WY–050–1310–DB] Notice of Intent To Prepare an Environmental Impact Statement (EIS) for the GMI Natural Gas Development Project, Fremont and Natrona Counties, WY Bureau of Land Management, Interior. ACTION: Notice of Intent (NOI). AGENCY: SUMMARY: The Bureau of Land Management (BLM) Lander Field Office announces its intent to prepare an EIS for a proposed conventional natural gas field development near Lysite, Wyoming. The proposed development project is known as the Gun Barrel/ Madden and Iron Horse (GMI) Natural Gas Development Project and is located in Fremont and Natrona Counties, Wyoming. DATES: This NOI initiates the public scoping process for the EIS. The purpose of the public scoping process is to determine relevant issues that will influence the scope of the environmental analysis and EIS alternatives. To provide the public with an opportunity to review the proposed project and project information, the BLM will host a meeting in Lander and a meeting in Casper, Wyoming, within 30 days of the publication of this notice. The BLM will notify the public of these meetings and any other opportunities for the public to be involved in the environmental process for this proposal at least 15 days prior to the event. Meeting dates, locations, and times will be announced by news release to the media, individual mailings, and postings on the following BLM Web site: https://www.blm.gov/wy/st/en/info/ NEPA/lfodocs/gmi.html. To be most helpful, you should submit formal scoping comments within 30 days after this NOI is published. Before including your address, phone number, email address, or other personal identifying information in your PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 comment, you should be aware that your entire comment—including your personal identifying information—may be made publically available at any time. While you can ask us in your comment to withhold your personal indentifying information from public review, we cannot guarantee that we will be able to do so. The minutes and list of attendees for each scoping meeting will be made available to the public and open for 30 days after the meeting to any participant who wished to clarify the views he or she expressed. ADDRESSES: You may submit written comments by any of the following methods: • Web site: https://www.blm.gov/wy/ st/en/info/NEPA/lfodocs/gmi.html • E-mail: 3Pam_Olson@blm.gov • Fax: 307–332–8444 • Mail: Lander Field Office, 1335 Main Street, Lander, WY 82520. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Pam Olson, GMI Project Leader, Lander Field Office, 1335 Main Street, Lander, Wyoming 82520 or call (307) 332–8400, or send an electronic message to: Pam_Olson@blm.gov. SUPPLEMENTARY INFORMATION: Under Section 102(2)(C) of the National Environmental Policy Act (NEPA), the BLM Lander Field Office announces its intent to prepare an EIS on the potential impacts of a proposed natural gas field development, ancillary facilities, pipelines and roads. The project area is located in Fremont and Natrona Counties, Wyoming, and encompasses approximately 146,000 acres of land, the majority of which is public land administered by the BLM Lander Field Office. A small portion of the project area is administered by the BLM Casper Field Office. In January 2008, oil and gas operators and proponents of the project, EnCana Oil & Gas (USA), Inc. (EnCana), Burlington Resources Oil and Gas Company LP (Burlington), and Noble Energy, Inc. (Noble) submitted a proposal to the BLM to develop approximately 1,470 wells near Lysite, Wyoming. The proposed project area consists of three units operated by three different companies: the Gun Barrel Federal Exploratory Unit (Encana), the Madden Deep Federal Exploratory Unit (Burlington), and the Iron Horse Federal Exploratory Unit (Noble). The purpose of the proposal is to continue extracting and developing natural gas within these three units during a ten to fifteen year period. The proponents estimate that within the Gun Barrel Unit, an additional 750 natural gas wells may be drilled; within the E:\FR\FM\05JNN1.SGM 05JNN1

Agencies

[Federal Register Volume 73, Number 109 (Thursday, June 5, 2008)]
[Notices]
[Pages 32043-32048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12610]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

DATES: Effective Date: The irrigation assessment rates shown in the 
tables are effective on January 1, 2008.

FOR FURTHER INFORMATION CONTACT: For details about a particular BIA 
irrigation project or facility, please use the tables in 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 February 8, 2008 (73 FR 7583) to 
adjust the irrigation rates at several BIA irrigation projects and 
facilities. The public and interested parties were provided an 
opportunity to submit written comments during the 60-day period that 
ended April 8, 2008.

Did the BIA Defer Any Proposed Rate Increases?

    For the Fort Belknap Indian Irrigation Project, the BIA, in 
consultation with the Gros Ventre and Assiniboine Tribes and Project 
water users, has deferred the rate increase for 2008.

[[Page 32044]]

Did the BIA Receive Any Comments on the Proposed Irrigation Assessment 
Rate Adjustments?

    Written comments were received for the proposed rate adjustments 
for the Blackfeet Irrigation Project, Fort Belknap Irrigation Project, 
and the Wind River Irrigation Project.

What Issues Were of Concern by the Commenters?

    Individuals and entities commenting on the proposed rates for 2008 
were concerned with one or more of the following issues: (1) How funds 
are expended for operation and maintenance (O&M) costs; (2) how rate 
increases are justified and communicated to water users; (3) how rate 
increases impact the local agricultural economy and individual land 
owners; (4) the role of the BIA's Central Office in managing projects 
and the burden of federal regulations; (4) land owners without access 
to project water being assessed irrigation charges; (5) the BIA's non-
delivery of water to water users with outstanding O&M charges; and (6) 
the BIA's trust responsibility for projects. The following comment is 
specific to the Wind River Irrigation Project: users assert that O&M 
rates should not be adjusted until a study of the project's irrigable 
and assessable acreage is completed.

How Does the Bia Respond to Concerns Regarding How Funds Are Expended 
for O&M Costs?

    The BIA considers the following expenses when determining an 
irrigation project's budget: project personnel costs; materials and 
supplies; vehicle and equipment repairs; equipment; capitalization 
expenses; acquisition expenses; rehabilitation costs; maintenance of a 
reserve fund for contingencies or emergencies; and other expenses that 
we determine are necessary to properly operate and maintain an 
irrigation project.
    One common misconception water users have is that all salary costs 
are administrative. Only a portion of each project's budget is for 
administrative costs. The administrative costs for a project includes 
office costs, office staff (accounting and clerical), and a portion of 
the project manager's salary. Non-administrative costs are the cost to 
operate and maintain the project or facility. Operation and maintenance 
workers perform operation and maintenance work, thus their salaries are 
considered operation and maintenance costs, not administrative costs. 
All projects need essential personnel to operate and maintain the 
project, including a project manager, accounting staff, and irrigation 
system operators (ditchriders).

How Does the Bia Respond to Concerns Regarding the Justification for 
and Communication of Rate Increases to Land Owners?

    BIA policy states that irrigation project managers are required to 
meet, at a minimum, twice annually with their water users--once at the 
end of the irrigation season and once before the next season. For 
projects that operate year-round, project managers will determine the 
best schedule for holding these meetings. At these meetings, irrigation 
staff will provide water users with information regarding project 
operations--including budget plans and actual annual expenditures--and 
obtain feedback and input from water users.
    Individuals concerned with the BIA's management of its projects and 
its O&M rates may review the BIA's records at their convenience. The 
BIA's project budget estimates and expense records are available for 
review by stakeholders or interested parties. Stakeholders (water 
users, land owners, or tribes) can review these records during normal 
business hours at the individual agency office. Alternatively, 
stakeholders or interested parties may request project records under 
the Freedom of Information Act (FOIA). The BIA will provide copies of 
such records to the requesting party in accordance with FOIA.
    To review or obtain copies of project records, stakeholders and 
interested parties should contact the BIA representative at the 
specific project or facility serving them, using the tables in the 
SUPPLEMENTARY INFORMATION section below.

How does the BIA respond to concerns regarding the impact of irrigation 
assessment rate increases on local agricultural economies and 
individual land owners?

    The BIA's projects are important economic contributors to the local 
communities they serve. These projects contribute millions of dollars 
in crop value annually. Historically, the BIA tempered irrigation rate 
increases to demonstrate sensitivity to the economic impact on water 
users. This past practice resulted in a rate deficiency at some 
irrigation projects. The BIA does not have discretionary funds to 
subsidize irrigation projects. Funding to operate and maintain these 
projects needs to come from revenues from the water users served by 
those projects.
    Over the past several years, the BIA's irrigation program has been 
the subject of several Office of Inspector General (OIG) and 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 the BIA's largest irrigation projects, the 
Wapato Indian Irrigation Project, No. 95-I-1402, September 1995, 
reached the same conclusion.
    To address the issues noted in these audits, the BIA must 
systematically review and evaluate irrigation assessment rates and 
adjust them, when necessary, to reflect the full costs to properly 
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. Rate deficiencies force the BIA to raise 
irrigation assessment rates in larger increments over shorter periods 
of time than would have been otherwise necessary.

How does the BIA respond to concerns regarding the role of the BIA's 
Central Office in managing projects and the costs associated with 
complying with federal regulations?

    The BIA must follow Federal regulations as it operates and 
maintains the projects under its ownership or control. Specifically, 
the BIA must follow Federal guidelines in hiring and compensating 
personnel to operate and manage irrigation projects. The BIA sets rates 
in accordance with the criteria identified above. The BIA Central 
Office does not unilaterally impose rate increases on projects. The BIA 
is reviewing various options for cost savings, including turning over 
projects or sections of projects to water users and sharing personnel 
between or among projects.

[[Page 32045]]

How does the BIA respond to concerns regarding land owners without 
access to project water being assessed irrigation charges?

    As mentioned above, OIG and GAO performed audits on the BIA 
irrigation program and noted that the BIA has not set irrigation 
assessment rates at levels high enough to operate and maintain its 
irrigation projects. The BIA has been increasing rates to address this 
concern. Because rates were low for many years, numerous maintenance 
items were deferred. At some projects, this deferral resulted in the 
BIA's inability to deliver water to all users. To assist water users in 
this regard, the BIA updated its Irrigation Operations and Maintenance 
regulations, 25 CFR part 171, to allow a water user to apply for a 
waiver of irrigation assessment charges if the BIA is incapable of 
delivering water to that water user. To apply for this waiver, a water 
user must meet with local project staff.

How does the BIA respond to concerns regarding the BIA's refusal to 
deliver water to water users with outstanding O&M charges?

    The BIA's irrigation regulations, 25 CFR part 171, require the BIA 
to withhold irrigation services from users who have delinquent debt 
with the BIA, including balances that have been referred to the United 
States Treasury.

How does the BIA respond to comments regarding the BIA's trust 
responsibility in relation to projects?

    The BIA disagrees that increasing O&M rates for projects violates 
any trust duty. The BIA has no trust obligation to operate and maintain 
irrigation projects. See, e.g., Grey v. United States, 21 Cl. Ct. 285 
(1990), aff'd, 935 F.2d 281 (Fed. Cir. 1991), cert. denied, 502 U.S. 
1057 (1992). The BIA, pursuant to 25 U.S.C. section 381 et seq. and 25 
CFR Part 171, has the responsibility to administer constructed 
projects, set rates, collect assessments, and make decisions regarding 
water delivery. The BIA must collect O&M assessments to operate and 
maintain the irrigation infrastructure on its projects. Over time, the 
costs of operating and maintaining these projects increases, and rates 
must be adjusted accordingly to enable the BIA to continue to provide 
irrigation services. Raising rates to reflect the full costs associated 
with operating and maintaining projects is essential because O&M rates 
are the only regular source of funding for the BIA's irrigation 
projects.

How does the BIA response to the issue raised by users of the Wind 
River Irrigation Project, that O&M rates should not be adjusted until 
the re-designation study of the project's irrigable and assessable 
acreage is completed?

    The BIA levies assessments on lands to which its project is 
authorized and capable of delivering water. Thus, a parcel's irrigation 
history is immaterial to whether it is subject to an irrigation 
assessment. The Secretary may deem lands within a project non-
assessable, in which case those lands may be removed from the project--
permanently or temporarily--with the landowner's consent. 25 U.S.C. 
sections 389a, 389b. The redesignation study will not determine what 
O&M assessment the lands could support. The study only determines if 
the lands are irrigable and if they should remain assessable. The 
overall O&M assessment for a project is based on its total assessable 
acres. If the redeisgnation study recommends removing assessable acres 
from the project, the O&M assessment rate would increase significantly 
for those acres remaining in the project. Until such time as the land 
re-designation study referenced by this commenter is finished, 
individual users may apply for an annual assessment waiver under 25 CFR 
part 171.

Did the BIA receive comments on any proposed changes other than rate 
adjustments?

    No.

Does this notice affect me?

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

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

    You can contact the appropriate office(s) stated in the tables for 
the irrigation project that serves you, or you can use the Internet 
site for the Government Printing Office at https://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. section 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 name                    Project/agency contacts
------------------------------------------------------------------------
                        Northwest Region Contacts
------------------------------------------------------------------------
 Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest
     Regional Office, 911 N.E. 11th Avenue, Portland, OR 97232-4169,
                       Telephone: (503) 231-6702.
------------------------------------------------------------------------
Flathead Irrigation Project.......  Chuck Courville, Acting
                                     Superintendent, Flathead Agency
                                     Irrigation Division, P.O. Box 40,
                                     Pablo, MT 59855-0040, Telephone:
                                     (406) 675-2700.
Fort Hall Irrigation Project......  Eric J. LaPointe, Superintendent,
                                     Alan Oliver, Supervisory General
                                     Engineer, Fort Hall Agency, P.O.
                                     Box 220, Fort Hall, ID 83203-0220,
                                     Telephone: (208) 238-2301.
Wapato Irrigation Project.........  Pierce Harrison, Project
                                     Administrator, Wapato Irrigation
                                     Project, P.O. Box 220, Wapato, WA
                                     98951-0220, Telephone: (509) 877-
                                     3155.
------------------------------------------------------------------------
                     Rocky Mountain Region Contacts
------------------------------------------------------------------------
Ed Parisian, Regional Director, Bureau of Indian Affairs, Rocky Mountain
 Regional Office, 316 North 26th Street, Billings, MT 59101, Telephone:
                             (406) 247-7943.
------------------------------------------------------------------------
Blackfeet Irrigation Project......  Stephen Pollock, Superintendent, Ted
                                     Hall, Irrigation Project Manager,
                                     Box 880, Browning, MT 59417,
                                     Telephones: (406) 338-7544,
                                     Superintendent, (406) 338-7519,
                                     Irrigation Project Manager.
Crow Irrigation Project...........  George Gover, Superintendent, Karl
                                     Helvik, Irrigation Project Manager,
                                     P.O. Box 69, Crow Agency, MT 59022,
                                     Telephones: (406) 638-2672,
                                     Superintendent, (406) 638-2863,
                                     Irrigation Project Manager.

[[Page 32046]]

 
Fort Belknap Irrigation Project...  Judy Gray, Superintendent, Ralph
                                     Leo, Irrigation Project Manager,
                                     R.R. 1, Box 980, Harlem, MT 59526,
                                     Telephones: (406) 353-2901,
                                     Superintendent, (406) 353-2905,
                                     Irrigation Project Manager.
Fort Peck Irrigation Project......  Florence White Eagle,
                                     Superintendent, P.O. Box 637,
                                     Poplar, MT 59255, Richard Kurtz,
                                     Irrigation Manager, 602 6th Avenue
                                     North, Wolf Point, MT 59201,
                                     Telephones: (406) 768-5312,
                                     Superintendent, (406) 653-1752,
                                     Irrigation Manager.
Wind River Irrigation Project.....  Ed Lone Fight, Superintendent, Ray
                                     Nation, Acting Irrigation Project
                                     Manager, P.O. Box 158, Fort
                                     Washakie, WY 82514, Telephones:
                                     (307) 332-7810, Superintendent,
                                     (307) 332-2596, Irrigation Project
                                     Manager.
------------------------------------------------------------------------
                        Southwest Region Contacts
------------------------------------------------------------------------
  Larry Morrin, Regional Director, Bureau of Indian Affairs, Southwest
    Regional Office, 1001 Indian School Road, Albuquerque, NM 87104,
                       Telephone: (505) 563-3100.
------------------------------------------------------------------------
Pine River Irrigation Project.....  Ross P. Denny, Superintendent, John
                                     Formea, Irrigation Engineer, P.O.
                                     Box 315, Ignacio, CO 81137-0315,
                                     Telephones: (970) 563-4511,
                                     Superintendent, (970) 563-9484,
                                     Irrigation Engineer.
------------------------------------------------------------------------
                         Western Region Contacts
------------------------------------------------------------------------
   Allen Anspach, Regional Director, Bureau of Indian Affairs, Western
   Regional Office, Two Arizona Center, 400 N. 5th Street, 12th floor,
              Phoenix, AZ 85004, Telephone: (602) 379-6600.
------------------------------------------------------------------------
Colorado River Irrigation Project.  Perry Baker, Superintendent, Ted
                                     Henry, Irrigation Project Manager,
                                     R.R. 1, Box 9-C, Parker, AZ 85344,
                                     Telephone: (928) 669-7111.
Duck Valley Irrigation Project....  Joseph McDade, Superintendent, 1555
                                     Shoshone Circle, Elko, NV 89801,
                                     Telephone: (775) 738-0569.
Fort Yuma Irrigation Project......  Raymond Fry, Superintendent, P.O.
                                     Box 11000, Yuma, AZ 85366,
                                     Telephone: (520) 782-1202.
San Carlos Irrigation Project       Carl Christensen, Supervisory
 Joint Works.                        General Engineer, P.O. Box 250,
                                     Coolidge, AZ 85228, Telephone:
                                     (520) 723-6216.
San Carlos Irrigation Project       Joe Revak, Supervisory General
 Indian Works.                       Engineer, Pima Agency, Land
                                     Operations, Box 8, Sacaton, AZ
                                     85247, Telephone: (520) 562-3372.
Uintah Irrigation Project.........  Lynn Hansen, Irrigation Manager,
                                     P.O. Box 130, Fort Duchesne, UT
                                     84026, Telephone: (435) 722-4341.
Walker River Irrigation Project...  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 of our 
irrigation projects where we recover our costs for operation and 
maintenance. The table also contains the final rates for the 2008 
season and subsequent years where applicable. An asterisk immediately 
following the name of the project notes that the BIA adjusted that 
project's rates for 2009.

                                           Northwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
                                                                            Final 2007   Final 2008   Final 2009
              Project name                         Rate category               rate         rate         rate
----------------------------------------------------------------------------------------------------------------
Flathead Irrigation Project.............  Basic per acre--A..............       $23.45       $23.45       $23.45
                                          Basic per acre--B..............        10.75        10.75        10.75
                                          Minimum Charge per tract.......        65.00        65.00        65.00
Fort Hall Irrigation Project*...........  Basic per acre.................        27.00        31.00          \1\
                                          Minimum Charge per tract.......        25.00        27.00
Fort Hall Irrigation Project--Minor       Basic per acre.................        17.00        21.00
 Units*.
                                          Minimum Charge per tract.......        25.00        27.00
Fort Hall Irrigation Project--Michaud*..  Basic per acre.................        35.75        39.75
                                          Pressure per acre..............        50.00        55.50
                                          Minimum Charge per tract.......        25.00        27.00
Wapato Irrigation Project--Toppenish/     Billing Charge per Tract.......         5.00         5.00         5.00
 Simcoe Units*.
                                          Minimum Charge for farm unit/          14.00        14.00        15.00
                                           land tracts up to one acre.
                                          Farm unit/land tracts over one         14.00        14.00        15.00
                                           acre--per acre.
Wapato Irrigation Project--Ahtanum        Billing Charge per Tract.......         5.00         5.00         5.00
 Units*.
                                          Minimum Charge for farm unit/          14.00        14.00        15.00
                                           land tracts up to one acre.
                                          Farm unit/land tracts over one         14.00        14.00        15.00
                                           acre--per acre.
Wapato Irrigation Project--Satus Unit*..  Billing Charge per Tract.......         5.00         5.00         5.00
                                          Minimum Charge for farm unit/          55.00        55.00        58.00
                                           land tracts up to one acre.
                                          ``A'' farm unit/land tracts            55.00        55.00        58.00
                                           over one acre--per acre.
                                          Additional Works farm unit/land        60.00        60.00        63.00
                                           tracts over one acre--per acre.
                                          ``B'' farm unit/land tracts            65.00        65.00        68.00
                                           over one acre--per acre.

[[Page 32047]]

 
                                          Water Rental Agreement Lands--         67.00        67.00        70.00
                                           per acre.
----------------------------------------------------------------------------------------------------------------
\1\To be determined.


------------------------------------------------------------------------
                                                 Final 2007   Final 2008
         Project name           Rate category       rate         rate
------------------------------------------------------------------------
                    Rocky Mountain Region Rate Table
------------------------------------------------------------------------
 Blackfeet Irrigation          Basic-per acre.       $15.50       $17.00
 Project*.
Crow Irrigation Project--      Basic-per acre.        19.30        20.80
 Willow* Creek O&M (includes
 Agency, Lodge Grass 1, Lodge Grass 2,
 Reno, Upper Little Horn, and
 Forty Mile Units).
Crow Irrigation Project--All*  Basic-per acre.        19.00        20.50
 Others (includes Bighorn,
 Soap Creek, and Pryor Units).
Crow Irrigation Two Leggins    Basic-per acre.         2.00         2.00
 Drainage District.
Fort Belknap Irrigation        Basic-per acre.        13.88        13.88
 Project.
Fort Peck Irrigation Project*  Basic-per acre.        20.00        22.00
Wind River Irrigation          Basic-per acre.        15.00        16.00
 Project*.
Wind River Irrigation          Basic-per acre.        17.00        17.00
 Project--LeClair District.
------------------------------------------------------------------------
                       Southwest Region Rate Table
------------------------------------------------------------------------
Pine River Irrigation Project  Minimum Charge         50.00        50.00
                                per tract.
                               Basic-per acre.        15.00        15.00
------------------------------------------------------------------------


 
                                                          Final 2007   Final 2008
           Project name                Rate category         rate         rate            Final 2009 rate
----------------------------------------------------------------------------------------------------------------
Colorado River Irrigation Project  Basic per acre up to       $47.00       $47.00  To be determined.
                                    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 to        72.00        77.00
                                    5.0 acre-feet.
(See Note 1)............  Excess Water per            10.50        14.00
                                    acre-foot over 5.0
                                    acre-feet.
                                   Basic-per acre up to  ...........        28.00
                                    2.0 acre-feet
                                    (Ranch 5).
San Carlos Irrigation Project      Basic-per acre......        30.00        21.00  21.00
 (Joint Works) (See Note 2).
San Carlos Irrigation Project*     Basic-per acre......        77.00        57.00  To be determined.
 (Indian Works).
Uintah Irrigation Project*.......  Basic-per acre......        12.00        12.50
                                   Minimum Bill........        25.00        25.00
Walker River Irrigation Project*   Indian per acre.....        10.00        13.00  16.00
 (See Note 3).
                                   non-Indian per acre.        16.00        16.00  16.00
----------------------------------------------------------------------------------------------------------------
* Irrigation projects where rates were adjusted.
Note 1--The O&M rate for 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 2008 is $70.00/acre. The second component is for the O&M rate established by the Bureau of Indian Affairs
  (BIA) to cover administrative costs including billing and collections for the Project. The 2008 BIA rate
  remains unchanged at $7.00/acre. The 2008 BOR rate for ``Ranch 5'' is $28.00/acre. In 2008, the BIA is not
  charging administrative costs on ``Ranch 5'' acreage. For 2009, the BIA will be proposing the addition of the
  $7.00 BIA administrative fee to the ``Ranch 5'' acreage.
Note 2--The 2008 and 2009 rate was established by final notice published in the Federal Register on
  April 20, 2007 (Vol. 72, No. 76, page 19954). The 2010 rate is to be determined. The Arizona Water Settlement
  Act is expected to be effective December 31, 2007, and this circumstance may affect what the O&M rate should
  be for the SCIPJW in 2010.
Note 3--The 2008 and 2009 irrigation rates are established through this notice.

Consultation and Coordination With Tribal Governments (Executive Order 
13175)

    To fulfill its consultation responsibility to tribes and tribal 
organizations the 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 projects by Project, Agency, and Regional 
representatives, as appropriate, in accordance with local protocol and 
procedures. This notice is one component of the BIA's overall 
coordination and consultation process to provide notice to, and request 
comments from, these entities when the BIA adjusts irrigation rates.

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

    The rate adjustments will have no adverse effects on energy supply, 
distribution, or use (including a shortfall in supply, price increases, 
and increase use of foreign supplies) should the proposed rate 
adjustments be implemented. This is a notice for rate adjustments at 
BIA-owned and operated projects, except for the Fort Yuma

[[Page 32048]]

Irrigation Project. The Fort Yuma Irrigation Project is owned and 
operated by the Bureau of Reclamation with a portion serving the Fort 
Yuma Reservation.

Regulatory Planning and Review (Executive Order 12866)

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

Regulatory Flexibility Act

    This rate making is not a rule for the purposes of the Regulatory 
Flexibility Act because it is ``a rule of particular applicability 
relating to rates.'' 5 U.S.C. 601(2).

Unfunded Mandates Reform Act of 1995

    These rate adjustments impose no unfunded mandates on any 
governmental or private entity and are in compliance with the 
provisions of the Unfunded Mandates Reform Act of 1995.

Takings (Executive Order 12630)

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

Federalism (Executive Order 13132)

    The Department has determined that these rate adjustments do not 
have significant Federalism effects because they pertain solely to 
Federal-tribal relations and will not interfere with the roles, rights, 
and responsibilities of states.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act of 1995

    These rate adjustments do not affect the collections of information 
which have been approved by the Office of Information and Regulatory 
Affairs, Office of Management and Budget, under the Paperwork Reduction 
Act of 1995. The OMB Control Number is 1076-0141 and expires August 31, 
2009.

National Environmental Policy Act

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

    Dated: May 16, 2008.
Carl J. Artman,
Assistant Secretary--Indian Affairs.
[FR Doc. E8-12610 Filed 6-4-08; 8:45 am]
BILLING CODE 4310-W7-P
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