Rate Adjustments for Indian Irrigation Projects, 25691-25698 [2016-10045]

Download as PDF Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES for grants must supply a final technical report at the end of the project period. All application instructions and forms are available on the Internet through Grants.gov (http://www.grants.gov). Hard/paper submissions will not be accepted under any circumstances. All reports will be accepted electronically via email. II. Data OMB Control Number: 1028–0092. Form Number: N/A. Title: The National Map: Topographic Data Grants Program. Type of Request: Renewal of existing information collection. Affected Public: State, Local, Tribal Government. Respondent’s Obligation: Required to obtain or retain benefits. Frequency of Collection: Annually. Estimated Total Number of Annual Responses: 40 applications and 20 final reports. Estimated Time per Response: The U.S. Geological Survey (USGS) foresees 60 hours of time will be needed to complete the necessary submissions which will include the narrative and supporting documentation. We believe that reading the requirements as well as development, proposal writing, reviewing and submission of the proposal application via Grants.gov will require 47 hours. Quarterly and final project reports must be submitted by the award recipient. The prior quarter’s progress must be submitted within the report 7 days following the start of the new quarter. The quarterly report will take at least 1 hour to prepare. The final report must be submitted within 90 calendar days of the end of the project period. USGS estimates that approximately 10 hours will be needed to complete the final report. Estimated Annual Burden Hours: 2,140 Hours per response. Estimated Reporting and Recordkeeping ‘‘Non-Hour Cost’’ Burden: There are no ‘‘non-hour cost’’ burdens related to the collection of this data. Public Disclosure Statement: The PRA (44 U.S.C. 3501, et seq.) provides that an agency may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number and current expiration date. III. Request for Comments We are soliciting comments as to: (a) Whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful; (b) the accuracy of the agency’s estimate of the VerDate Sep<11>2014 18:31 Apr 28, 2016 Jkt 238001 burden of the proposed collection of information; (c) ways to enhance the quality, usefulness, and clarity of the information to be collected; and (d) how to minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology. Please note that the comments submitted in response to this notice are a matter of public record. Before including your personal mailing address, phone number, email address, or other personally identifiable information in your comment, you should be aware that your entire comment, including your personally identifiable information, may be made publicly available at any time. While you can ask us in your comment to withhold your personally identifiable information from public view, we cannot guarantee that we will be able to do so. Julia Fields, Deputy Director, National Geospatial Program. [FR Doc. 2016–10041 Filed 4–28–16; 8:45 am] BILLING CODE 4338–11–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [16X/A11220000.224100/AAK4004800/ AX.480ADM100000] Rate Adjustments for Indian Irrigation Projects Bureau of Indian Affairs, Interior. ACTION: Notice of rate adjustments. AGENCY: 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, 2015. FOR FURTHER INFORMATION CONTACT: For details about a particular BIA irrigation project or facility, please use the tables in the SUPPLEMENTARY INFORMATION section to contact the regional or local office where the project or facility is located. SUMMARY: PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 25691 A Notice of Proposed Rate Adjustment was published in the Federal Register on June 11, 2015 (80 FR 33279) 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 August 10, 2015. SUPPLEMENTARY INFORMATION: Did BIA defer or change any proposed rate increases? Yes. Rate increases were deferred on the Crow Irrigation Project—Two Leggins Unit and the Wind River Irrigation Project—Riverton Valley Irrigation District. Did BIA receive any comments on the proposed irrigation assessment rate adjustments? Yes. The BIA received sixteen (16) letters with comments. All comments received were associated with the Flathead Indian Irrigation Project’s (FIIP) proposed rate adjustment for Calendar Year (CY) 2016. What issues were of concern to the commenters? Comments received relate specifically to the proposed rate increase for CY 2016 and other activities associated only with the FIIP. The BIA’s summary of commenters’ issues and BIA’s response are provided below. Comment: Three commenters requested the rate increase be postponed until: —Two court cases (one case in State court challenging an alleged illegal vote of the state legislature and one case in Federal court concerning the re-assumption of operations and maintenance of the FIIP by the Bureau of Indian Affairs) are resolved. —The Confederated and Salish and Kootenai Tribes (CSKT) Water Compact is ratified by Congress. —Western Montana is no longer in a federally designated ‘‘Severe Drought’’ condition. Response: The final rate for the FIIP in 2016 will remain the same as 2015. Comment: How can the request for increased rates be warranted when those alleging the need are not fully qualified to do so? Response: The final rate for the FIIP in 2016 will remain the same as 2015. Comment: The BIA Solicitor’s Office spent large amounts of Cooperative Management Entity (CME) O&M funds traveling back and forth from Portland, OR and Washington, DC to Montana, conducting private meetings while the project manager was spending a large E:\FR\FM\29APN1.SGM 29APN1 25692 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Notices amount of O&M funds on unjustifiable purchases of heavy equipment. Response: The CME O&M funds were never spent for Office of the Solicitor travel expenses or conducting meetings. Travel costs associated with non-FIIP employees are not included in the FIIP’s 2016 budget and are not part of the 2016 rate assessment or any potential future O&M rate increases. Comment: The recent request for an extra $7 per acre for this year (nearly a 30 percent increase) was accompanied by no supporting data explaining and justifying the increase. Response: The final rate for the FIIP in 2016 will remain the same as 2015. 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. Project name What authorizes you to issue this notice? Our authority to issue this notice is vested in the Secretary of the Interior by (Secretary) 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. Project/Agency contacts Northwest Region Contacts Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest Regional Office, 911 NE. 11th Avenue, Portland, OR 97232–4169, Telephone: (503) 231–6702. Flathead Indian Irrigation Project ............................................................. Fort Hall Irrigation Project ........................................................................ Wapato Irrigation Project .......................................................................... Ernest Moran, 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. David Bollinger, Irrigation Project Manager, Building #2 Bannock Ave., Fort Hall, ID 83203–0220, Telephone: (208) 238–6264. 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. Rocky Mountain Region Contacts Darryl LaCounte, 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 .............................................................................. Fort Belknap Irrigation Project .................................................................. Fort Peck Irrigation Project ....................................................................... asabaliauskas on DSK3SPTVN1PROD with NOTICES Wind River 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. Vianna Stewart, Superintendent, Karl Helvik, Acting Irrigation Project Manager, P.O. Box 69, Crow Agency, MT 59022, Telephones: (406) 638–2672, Superintendent, (406) 247–7469, Acting Irrigation Project Manager. John St. Pierre, Superintendent, Vacant, Irrigation Project Manager, (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). 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. Norma Gourneau, Superintendent, Karl Helvik, Acting Irrigation Project Manager, P.O. Box 158, Fort Washakie, WY 82514, Telephones: (307) 332–7810, Superintendent, (307) 247–7469, Acting Irrigation Project Manager. Southwest Region Contacts William T. Walker, Regional Director, Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School Road, Albuquerque, NM 87104, Telephone: (505) 563–3100. Pine River Irrigation Project ..................................................................... VerDate Sep<11>2014 18:31 Apr 28, 2016 Jkt 238001 PO 00000 Frm 00053 Fmt 4703 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. Sfmt 4703 E:\FR\FM\29APN1.SGM 29APN1 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Notices Project name 25693 Project/Agency contacts Western Region Contacts 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. Colorado River Irrigation Project .............................................................. Duck Valley Irrigation Project ................................................................... Yuma Project, Indian Unit ........................................................................ San Carlos Irrigation Project Indian Works and Joint Works .................. Uintah Irrigation Project ............................................................................ Walker River Irrigation Project ................................................................. What irrigation assessments or charges are adjusted by this notice? asabaliauskas on DSK3SPTVN1PROD with NOTICES The rate table below contains the current rates for all irrigation projects VerDate Sep<11>2014 18:31 Apr 28, 2016 Jkt 238001 Kellie Youngbear Superintendent, Gary Colvin, Irrigation Project Manager, 12124 1st Avenue, Parker, AZ 85344, Telephone: (928) 669– 7111. 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). Irene Herder, Superintendent, 256 South Second Avenue, Suite D, Yuma, AZ 85364, Telephone: (928) 782–1202. Ferris Begay, Project Manager, Clarence Begay, Irrigation Manager, 13805 N. Arizona Boulevard, Coolidge, AZ 85128, Telephone: (520) 723–6225. Bart Stevens Superintendent, Ken Asay, Irrigation System Manager, P.O. Box 130, Fort Duchesne, UT 84026, Telephone: (435) 722– 4300, (435) 722–4344. Robert Eben, Superintendent, 311 E. Washington Street, Carson City, NV 89701, Telephone: (775) 887–3500. where we recover costs of administering, operating, maintaining, and rehabilitating them. The table also contains the final rates for the CY 2015 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 and subsequent years where applicable. An asterisk immediately following the rate category notes the irrigation projects where 2015 rates are different from the 2014 rates. E:\FR\FM\29APN1.SGM 29APN1 25694 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Notices Project Name Rate Category Final 2014 Rate Final Final 2015 Rate 2016 Rate** Basic-per acre - A $26.00 $26.00 $26.00 Basic-per acre - B * $11.75 $13.00 $13.00 Minimum Charge per tract * $65.00 $75.00 $75.00 Basic-per acre * $47.00 $49.00 Not Applicable Minimum Charge per tract * $32.50 $35.00 Not Applicable Basic-per acre * $24.00 $27.00 Not Applicable Minimum Charge per tract * $32.50 $35.00 Not Applicable Basic-per acre * $47.00 $50.50 Not Applicable Pressure per acre * $65.00 $72.50 Not Applicable Minimum Charge per tract * $32.50 $35.00 Not Applicable Wapato Irrigation ProjectToppenish/ Simcoe Units Minimum Charge for per bill* $23.00 $24.00 Not Applicable Basic-per acre * $23.00 $24.00 Not Applicable Wapato Irrigation Project- Ahtanum Units Minimum Charge per bill * $24.00 $25.00 Not Applicable Basic-per acre * $24.00 $25.00 Not Applicable Wapato Irrigation Project- Satus Unit Minimum Charge per bill * $76.00 $79.00 Not Applicable "A" Basic-per acre* $76.00 $79.00 Not Applicable "B" Basic-per acre * $82.00 $85.00 Not Applicable Minimum Charge per bill * $71.00 $75.00 Not Applicable Basic-per acre * $71.00 $75.00 Not Applicable Minimum Charge * $84.00 $86.00 Not Applicable Basic-per acre * $84.00 $86.00 Not Applicable Flathead Indian Irrigation Project Fort Hall Irrigation Project Fort Hall Irrigation Project- Minor Units Fort Hall Irrigation Project- Michaud asabaliauskas on DSK3SPTVN1PROD with NOTICES Wapato Irrigation Project - Additional Works Wapato Irrigation Project- Water Rental VerDate Sep<11>2014 18:31 Apr 28, 2016 Jkt 238001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4725 E:\FR\FM\29APN1.SGM 29APN1 EN29AP16.026</GPH> (See Note #1) 25695 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Notices Rocky Mountain Region Rate Table Project Name Rate Category Final 2014 Rate Final 2015 Rate Final 2016 Rate** Blackfeet Irrigation Project Basic-per acre * $19.50 $20.00 Not Applicable Crow Irrigation Project- Willow CreekO&M (includes Agency, Lodge Grass # 1, Lodge Grass #2, Reno, Upper Little Hom, and Forty Mile Units) Basic-per acre $24.80 $24.80 Not Applicable Crow Irrigation Project- All Others (includes Bighorn, Soap Creek, and Pryor Units) Basic-per acre * $24.50 $24.80 Not Applicable Crow Irrigation Project - Two Leggins Unit Basic-per acre $14.00 $14.00 Not Applicable Crow Irrigation Two Leggins Drainage District Basic-per acre $2.00 $2.00 Not Applicable Fort Belknap Irrigation Project Basic-per acre $15.00 $15.00 Not Applicable Fort Peck Irrigation Project Basic-per acre $26.00 $26.00 Not Applicable Wind River Irrigation Project Units 2, 3 and 4 Basic-per acre $21.00 $21.00 Not Applicable Wind River Irrigation Project LeClair District Basic-per acre * $28.80 $25.70 Not Applicable Basic-per acre $14.00 $14.00 Not Applicable Wind River Irrigation Project Crow Heart Unit VerDate Sep<11>2014 18:31 Apr 28, 2016 Jkt 238001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4725 E:\FR\FM\29APN1.SGM 29APN1 EN29AP16.027</GPH> asabaliauskas on DSK3SPTVN1PROD with NOTICES (see Note#2) 25696 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Notices Wind River Irrigation Project A Canal Unit Basic-per acre $ 14.00 $14.00 Not Applicable Wind River Irrigation Project Riverton Valley Irrigation District Basic-per acre $21.00 $21.00 Not Applicable Final Southwest Region Rate Table Project Name Pine River Irrigation Project Rate Category Final 2014 Rate 2015 Rate Final 2016 Rate** Minimum Charge per tract $50.00 $50.00 Not Applicable Basic-per acre * $15.00 $17.00 Not Applicable Western Region Rate Table Project Name Rate Category Final 2014 Rate Final 2015 Rate Final 2016 Rate Colorado River Irrigation Project Basic-per acre $54.00 $54.00 Not Applicable Excess Water per acrefoot over 5.75 acre-feet $17.00 $17.00 Not Applicable Duck Valley Irrigation Project Basic-per acre $5.30 $5.30 Not Applicable Yuma Project, Indian Unit Basic-per acre up to 5.0 acre-feet* $91.00 $108.50 Not Applicable (See Note #3) Excess Water per acrefoot over 5.0 acre-feet* $17.00 $24.50 Not Applicable Basic-per acre up to 5.0 acre-feet (Ranch 5) * $91.00 $108.50 Not Applicable Basic-per acre * $30.00 $35.00 $30.00 VerDate Sep<11>2014 18:31 Apr 28, 2016 Jkt 238001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4725 E:\FR\FM\29APN1.SGM 29APN1 EN29AP16.028</GPH> asabaliauskas on DSK3SPTVN1PROD with NOTICES San Carlos Irrigation Project up to 5.75 acre-feet Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Notices (Joint Works) Final2014 25697 2016 Construction Water Rate Schedule: (See Note #4) Off Project Constmction On Project Construction Gravity Water On Project Construction Pump Water Administrative Fee $300.00 $300.00 $300.00 Usage Fee $250.00 per month No Fee $100.00 per acre-foot Excess Water Ratet $5 per 1000 gal No charge No charge tThe excess water rate applies to all water used in excess of 50,000 gallons in any one month. San Carlos Irrigation Project (Indian Works) Basic-per acre * $81.00 $86.00 Not Applicable Basic-per acre $18.00 $18.00 Not Applicable Minimum Bill $25.00 $25.00 Not Applicable Basic-per acre * $28.00 $31.00 Not Applicable (See Note #5) Uintah Irrigation Project Walker River Irrigation Project *Notes irrigation projects where rates are adjusted. **The requirement for a Final2016 Rate is only applicable to the Flathead and San Carlos Irrigation Projects due to their specific billing requirements. Note #1 The BIA reassumed Management and Operation of FliP in April2014. The 2014 and 2015 rates were established by the previous Project Operator and are considered finaL Note #2 The O&M rate varies yearly based upon the budget submitted by the LeClair District. Note #3 The O&M rate for the Yuma Project, Indian Unit 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 2015 is $107 /acre. The second component is for the O&M rate established by BIA to cover administrative costs, including billing and collections for the Project. The 2015 BIA rate is $1.50/acre. Note #5 The 2015 O&M rate for the San Carlos Irrigation Project- Indian Works has three components. The first component is the O&M rate established by the San Carlos Irrigation Project- Indian Works, the owner and operator of the Project this rate is $45 per acre. The second component is for the O&M rate established by the San Carlos Irrigation Project- Joint Works and is deterurined to be $35.00 per acre. The tlrird component is the O&M rate established by the San Carlos Irrigation Project Joint Control Board and is $6 per acre. VerDate Sep<11>2014 18:31 Apr 28, 2016 Jkt 238001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4725 E:\FR\FM\29APN1.SGM 29APN1 EN29AP16.029</GPH> asabaliauskas on DSK3SPTVN1PROD with NOTICES Note #4 The Construction Water Rate schedule and the CY 2015 rate was established by final notice in the Federal Register on March 6, 2015 (80 FR 12197). The CY 2016 rate was proposed by notice in the Federal Register on June 11, 2015 (80 FR 33279). Tlris notice makes final the 2016 rate for the SCIP-JW. 25698 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Notices Consultation and Coordination With Tribal Governments (Executive Order 13175) To fulfill its consultation responsibility to tribes and tribal organizations, BIA communicates, coordinates, and consults on a continuing basis with these entities on issues 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 pProject, aAgency, and rRegional 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. required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.). 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 rate adjustments be implemented. This is a notice for rate adjustments at BIA-owned and operated irrigation projects, except for the Fort Yuma Irrigation Project. The Fort Yuma Irrigation Project is owned and operated by the Bureau of Reclamation with a portion serving the Fort Yuma Indian Reservation. Civil Justice Reform (Executive Order 12988) 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. asabaliauskas on DSK3SPTVN1PROD with NOTICES Regulatory Flexibility Act These rate adjustments are not a rule for the purposes of the Regulatory Flexibility Act because they establish ‘‘a rule of particular applicability relating to rates.’’ 5 U.S.C. 601(2). Unfunded Mandates Reform Act of 1995 These rate adjustments do not impose an unfunded mandate on State, local, or tribal governments in the aggregate, or on the private sector, of more than $130 million per year. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. Therefore, the Department is not required to prepare a statement containing the information VerDate Sep<11>2014 18:31 Apr 28, 2016 Jkt 238001 Takings (Executive Order 12630) The Department has determined that these rate adjustments do not have significant ‘‘takings’’ implications. The rate adjustments do not deprive the public, state, or local governments of rights or property. Federalism (Executive Order 13132) The Department has determined that these rate adjustments do not have significant Federalism effects because they will not affect the States, the relationship between the national government and the States, or the distribution of power and responsibilities among various levels of government. In issuing this rule, the Department has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct, as required by section 3 of Executive Order 12988. Paperwork Reduction Act of 1995 These rate adjustments do not affect the collections of information which have been approved by the Office of Information and Regulatory Affairs, Office of Management and Budget, under the Paperwork Reduction Act of 1995. The OMB Control Number is 1076–0141 and expires March 31, 2016. National Environmental Policy Act The Department has determined that these rate adjustments do not constitute a major Federal action significantly affecting the quality of the human environment and that no detailed statement is required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370(d)). Data Quality Act In developing this notice, we did not conduct or use a study, experiment, or survey requiring peer review under the Data Quality Act (Pub. L. 106–554). Dated: April 20, 2016. Lawrence S. Roberts, Acting Assistant Secretary—Indian Affairs. [FR Doc. 2016–10045 Filed 4–28–16; 8:45 am] BILLING CODE 4310–W7–P PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [167 A2100DD/AAKC001030/ A0A501010.999900] Renewal of Agency Information Collection for Acquisition of Trust Land Bureau of Indian Affairs, Interior. ACTION: Notice of request for comments. AGENCY: In compliance with the Paperwork Reduction Act of 1995, the Bureau of Indian Affairs (BIA) is seeking comments on the renewal of Office of Management and Budget (OMB) approval for the collection of information for Acquisition of Trust Land authorized by OMB Control Number 1076–0100. This information collection expires August 31, 2016. DATES: Submit comments on or before June 28, 2016. ADDRESSES: You may submit comments on the information collection to Ms. Sharlene M. Round Face, Bureau of Indian Affairs, Division of Real Estate Services, MS–4639–MIB, 1849 C Street, NW., Washington, DC 20240; fax: (202) 219–1065; email: Sharlene.Roundface@ bia.gov. SUMMARY: Ms. Sharlene M. Round Face, (202) 208– 3615. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Abstract The BIA is seeking renewal of the approval for the information collection conducted under 25 CFR part 151, Land Acquisitions, for the United States to take land into trust for individual Indians and Indian Tribes. This information collection allows the BIA to review applications for compliance with regulatory and statutory requirements. No specific form is used. No third party notification or public disclosure burden is associated with this collection. II. Request for Comments The BIA requests your comments on this collection concerning: (a) The necessity of this information collection for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) The accuracy of the agency’s estimate of the burden (hours and cost) of the collection of information, including the validity of the methodology and assumptions used; (c) Ways we could enhance the quality, utility, and clarity of the information to be collected; and (d) Ways we could E:\FR\FM\29APN1.SGM 29APN1

Agencies

[Federal Register Volume 81, Number 83 (Friday, April 29, 2016)]
[Notices]
[Pages 25691-25698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10045]


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

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[16X/A11220000.224100/AAK4004800/AX.480ADM100000]


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 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, 
2015.

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

SUPPLEMENTARY INFORMATION: A Notice of Proposed Rate Adjustment was 
published in the Federal Register on June 11, 2015 (80 FR 33279) 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 August 10, 2015.

Did BIA defer or change any proposed rate increases?

    Yes. Rate increases were deferred on the Crow Irrigation Project--
Two Leggins Unit and the Wind River Irrigation Project--Riverton Valley 
Irrigation District.

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

    Yes. The BIA received sixteen (16) letters with comments. All 
comments received were associated with the Flathead Indian Irrigation 
Project's (FIIP) proposed rate adjustment for Calendar Year (CY) 2016.

What issues were of concern to the commenters?

    Comments received relate specifically to the proposed rate increase 
for CY 2016 and other activities associated only with the FIIP.
    The BIA's summary of commenters' issues and BIA's response are 
provided below.
    Comment: Three commenters requested the rate increase be postponed 
until:

--Two court cases (one case in State court challenging an alleged 
illegal vote of the state legislature and one case in Federal court 
concerning the re-assumption of operations and maintenance of the FIIP 
by the Bureau of Indian Affairs) are resolved.
--The Confederated and Salish and Kootenai Tribes (CSKT) Water Compact 
is ratified by Congress.
--Western Montana is no longer in a federally designated ``Severe 
Drought'' condition.

    Response: The final rate for the FIIP in 2016 will remain the same 
as 2015.
    Comment: How can the request for increased rates be warranted when 
those alleging the need are not fully qualified to do so?
    Response: The final rate for the FIIP in 2016 will remain the same 
as 2015.
    Comment: The BIA Solicitor's Office spent large amounts of 
Cooperative Management Entity (CME) O&M funds traveling back and forth 
from Portland, OR and Washington, DC to Montana, conducting private 
meetings while the project manager was spending a large

[[Page 25692]]

amount of O&M funds on unjustifiable purchases of heavy equipment.
    Response: The CME O&M funds were never spent for Office of the 
Solicitor travel expenses or conducting meetings. Travel costs 
associated with non-FIIP employees are not included in the FIIP's 2016 
budget and are not part of the 2016 rate assessment or any potential 
future O&M rate increases.
    Comment: The recent request for an extra $7 per acre for this year 
(nearly a 30 percent increase) was accompanied by no supporting data 
explaining and justifying the increase.
    Response: The final rate for the FIIP in 2016 will remain the same 
as 2015.

Does this notice affect me?

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

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

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

What authorizes you to issue this notice?

    Our authority to issue this notice is vested in the Secretary of 
the Interior by (Secretary) 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.

 
------------------------------------------------------------------------
              Project name                   Project/Agency contacts
------------------------------------------------------------------------
                        Northwest Region Contacts
------------------------------------------------------------------------
 Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest
     Regional Office, 911 NE. 11th Avenue, Portland, OR 97232-4169,
                       Telephone: (503) 231-6702.
------------------------------------------------------------------------
Flathead Indian Irrigation Project.....  Ernest Moran, 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.
------------------------------------------------------------------------
                     Rocky Mountain Region Contacts
------------------------------------------------------------------------
   Darryl LaCounte, Regional Director, Bureau of Indian Affairs, Rocky
  Mountain Regional Office, 316 North 26th Street, Billings, MT 59101,
                       Telephone: (406) 247-7943.
------------------------------------------------------------------------
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................  Vianna Stewart, Superintendent,
                                          Karl Helvik, Acting Irrigation
                                          Project Manager, P.O. Box 69,
                                          Crow Agency, MT 59022,
                                          Telephones: (406) 638-2672,
                                          Superintendent, (406) 247-
                                          7469, Acting Irrigation
                                          Project Manager.
Fort Belknap Irrigation Project........  John St. Pierre,
                                          Superintendent, Vacant,
                                          Irrigation Project Manager,
                                          (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,
                                          Karl Helvik, Acting Irrigation
                                          Project Manager, P.O. Box 158,
                                          Fort Washakie, WY 82514,
                                          Telephones: (307) 332-7810,
                                          Superintendent, (307) 247-
                                          7469, Acting Irrigation
                                          Project Manager.
------------------------------------------------------------------------
                        Southwest Region Contacts
------------------------------------------------------------------------
     William T. Walker, Regional Director, Bureau of Indian Affairs,
   Southwest Regional Office, 1001 Indian School Road, Albuquerque, NM
                    87104, Telephone: (505) 563-3100.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

[[Page 25693]]

 
                         Western Region Contacts
------------------------------------------------------------------------
   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.
------------------------------------------------------------------------
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..............  Irene Herder, Superintendent,
                                          256 South Second Avenue, Suite
                                          D, Yuma, AZ 85364, Telephone:
                                          (928) 782-1202.
San Carlos Irrigation Project Indian     Ferris Begay, Project Manager,
 Works and Joint Works.                   Clarence Begay, Irrigation
                                          Manager, 13805 N. Arizona
                                          Boulevard, Coolidge, AZ 85128,
                                          Telephone: (520) 723-6225.
Uintah Irrigation Project..............  Bart Stevens 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.
------------------------------------------------------------------------

What irrigation assessments or charges are adjusted by this notice?

    The rate table below contains the current rates for all irrigation 
projects where we recover costs of administering, operating, 
maintaining, and rehabilitating them. The table also contains the final 
rates for the CY 2015 and subsequent years where applicable. An 
asterisk immediately following the rate category notes the irrigation 
projects where 2015 rates are different from the 2014 rates.

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Consultation and Coordination With Tribal Governments (Executive Order 
13175)

    To fulfill its consultation responsibility to tribes and tribal 
organizations, BIA communicates, coordinates, and consults on a 
continuing basis with these entities on issues 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 pProject, aAgency, and rRegional 
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 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 rate adjustments be 
implemented. This is a notice for rate adjustments at BIA-owned and 
operated irrigation projects, except for the Fort Yuma Irrigation 
Project. The Fort Yuma Irrigation Project is owned and operated by the 
Bureau of Reclamation with a portion serving the Fort Yuma Indian 
Reservation.

Regulatory Planning and Review (Executive Order 12866)

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

Regulatory Flexibility Act

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

Unfunded Mandates Reform Act of 1995

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

Takings (Executive Order 12630)

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

Federalism (Executive Order 13132)

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

Civil Justice Reform (Executive Order 12988)

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

Paperwork Reduction Act of 1995

    These rate adjustments do not affect the collections of information 
which have been approved by the Office of Information and Regulatory 
Affairs, Office of Management and Budget, under the Paperwork Reduction 
Act of 1995. The OMB Control Number is 1076-0141 and expires March 31, 
2016.

National Environmental Policy Act

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

Data Quality Act

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

    Dated: April 20, 2016.
Lawrence S. Roberts,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 2016-10045 Filed 4-28-16; 8:45 am]
BILLING CODE 4310-W7-P