Rate Adjustments for Indian Irrigation Projects, 51927-51936 [2016-18642]
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Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
Concurrent with publishing this
notice in the Federal Register, we are
forwarding copies of the above
applications to the Marine Mammal
Commission and the Committee of
Scientific Advisors for their review.
III. Permit Applications
A. Endangered Species
Applicant: Duke University, Durham,
NC; PRT–92458B
The applicant requests a permit to
import biological samples from wild
kakapo (strigops habroptilus) for the
purpose of scientific research. This
notification covers activities to be
conducted by the applicant over a 2year period.
Brenda Tapia,
Program Analyst/Data Administrator, Branch
of Permits, Division of Management
Authority.
[FR Doc. 2016–18587 Filed 8–4–16; 8:45 am]
Multiple Applicants
The following applicants each request
a permit to import the sport-hunted
trophy of one male bontebok
(Damaliscus pygargus pygargus) culled
from a captive herd maintained under
the management program of the
Republic of South Africa, for the
purpose of enhancement of the survival
of the species.
Applicant: Edwin Andrew, Frederica,
DE; PRT–00500C
Applicant: Guy Maranga, Neponsit, NY;
PRT–98444B
Applicant: Donald Bitz, West Palm
Beach, FL; PRT–00209C
Applicant: Christopher Sibert, Midland,
TX; PRT–98815B
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B. Endangered Marine Mammals and
Marine Mammals
Applicant: University of California,
Santa Cruz, CA; PRT–83954B
The applicant requests a permit to
import blood and tissue samples
collected from wild polar bears in
Manitoba, Canada, for purposes of
scientific research. The goal of this
study is to create an improved reference
genome for polar bears (Ursus
maritimus) and investigate the genetic
diversity and unique adaptations of
polar bears. Samples to be imported
have been collected under Manitoba
Wildlife Research permits for a study
assessing the status of the wild
population for conservation and
ecological purposes. This notification
covers activities to be conducted by the
applicant over a 5-year period.
Applicant: Passion Planet, London, UK;
PRT–01370C
The applicant requests a permit for
Level B Harassment of northern sea
otters (Enhydra lutris kenyoni) and
southern sea otters (Enhydra lutris
nereis) for purposes of photography for
educational and commercial purposes.
Filming will occur along the
Washington State and California State
coastlines. The filming is part of a
documentary explaining the importance
of sea otters to marine ecosystems. This
notification covers activities to be
conducted by the applicant over a 2year period.
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BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[167A2100DD/AAKC001030/
A0A501010.999900]
Rate Adjustments for Indian Irrigation
Projects
Bureau of Indian Affairs,
Interior.
ACTION: Notice of proposed 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
request your comments on the proposed
rate adjustments.
DATES: Interested parties may submit
comments on the proposed rate
adjustments on or before October 4,
2016.
ADDRESSES: All comments on the
proposed rate adjustments must be in
writing and addressed to: Yulan Jin,
Chief, Division of Water and Power,
Office of Trust Services, Mail Stop
4637–MIB, 1849 C Street NW.,
Washington, DC 20240, Telephone (202)
219–0941.
FOR FURTHER INFORMATION CONTACT: For
details about a particular irrigation
project, please use the tables in
SUPPLEMENTARY INFORMATION section to
contact the regional or local office
where the project is located.
SUPPLEMENTARY INFORMATION: The first
table in this notice provides contact
information for individuals who can
give further information about the
irrigation projects covered by this
notice. The second table provides the
current 2015 irrigation assessment rates,
the proposed rates for Calendar Year
(CY) 2016, and proposed rates for
subsequent years where these rates are
available.
SUMMARY:
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What is the meaning of the key terms
used in this notice?
In this notice:
Administrative costs means all costs
we incur to administer our irrigation
projects at the local project level and is
a cost factor included in calculating
your operation and maintenance
assessment. Costs incurred at the local
project level do not normally include
Agency, Region, or Central Office costs
unless we state otherwise in writing.
Assessable acre means lands
designated by us to be served by one of
our irrigation projects, for which we
collect assessments in order to recover
costs for the provision of irrigation
service. (See total assessable acres.)
BIA means the Bureau of Indian
Affairs.
Bill means our statement to you of the
assessment charges and/or fees you owe
the United States for administration,
operation, maintenance, and/or
rehabilitation. The date we mail or
hand-deliver your bill will be stated on
it.
Costs means the costs we incur for
administration, operation, maintenance,
and rehabilitation to provide direct
support or benefit to an irrigation
facility. (See administrative costs,
operation costs, maintenance costs, and
rehabilitation costs).
Customer means any person or entity
to whom or to which we provide
irrigation service.
Due date is the date on which your
bill is due and payable. This date will
be stated on your bill.
I, me, my, you and your means all
persons or entities that are affected by
this notice.
Irrigation project means a facility or
portion thereof for the delivery,
diversion, and storage of irrigation water
that we own or have an interest in,
including all appurtenant works. The
term ‘‘irrigation project’’ is used
interchangeably with irrigation facility,
irrigation system, and irrigation area.
Irrigation service means the full range
of services we provide customers of our
irrigation projects. This includes our
activities to administer, operate,
maintain, and rehabilitate our projects
in order to deliver water.
Maintenance costs means costs we
incur to maintain and repair our
irrigation projects and associated
equipment and is a cost factor included
in calculating your operation and
maintenance assessment.
Operation and maintenance (O&M)
assessment means the periodic charge
you must pay us to reimburse costs of
administering, operating, maintaining,
and rehabilitating irrigation projects
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consistent with this notice and our
supporting policies, manuals, and
handbooks.
Operation or operating costs means
costs we incur to operate our irrigation
projects and equipment and is a cost
factor included in calculating your O&M
assessment.
Past due bill means a bill that has not
been paid by the close of business on
the 30th day after the due date as stated
on the bill. Beginning on the 31st day
after the due date, we begin assessing
additional charges accruing from the
due date.
Rehabilitation costs means costs we
incur to restore our irrigation projects or
features to original operating condition
or to the nearest state which can be
achieved using current technology and
is a cost factor included in calculating
your O&M assessment.
Responsible party means an
individual or entity that owns or leases
land within the assessable acreage of
one of our irrigation projects and is
responsible for providing accurate
information to our billing office and
paying a bill for an annual irrigation rate
assessment.
Total assessable acres means the total
acres served by one of our irrigation
projects.
Water delivery is an activity that is
part of the irrigation service we provide
our customers when water is available.
We, us, and our means the United
States Government, the Secretary of the
Interior, the BIA, and all who are
authorized to represent us in matters
covered under this notice.
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?
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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.
Why are you publishing this notice?
We are publishing this notice to
inform you that we propose to adjust
our irrigation assessment rates. This
notice is published in accordance with
the BIA’s regulations governing its
operation and maintenance of irrigation
projects, found at 25 CFR part 171. This
regulation provides for the
establishment and publication of the
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proposed rates for annual irrigation
assessments as well as related
information about our irrigation
projects.
What authorizes you to issue this
notice?
Our authority to issue this notice is
vested in the Secretary of the Interior by
5 U.S.C. 301 and the Act of August 14,
1914 (38 Stat. 583; 25 U.S.C. 385). The
Secretary has in turn delegated this
authority to the Assistant Secretary—
Indian Affairs under Part 209, Chapter
8.1A, of the Department of the Interior’s
Departmental Manual.
When will you put the rate adjustments
into effect?
We will put the rate adjustments into
effect for the CY 2016 and subsequent
years where applicable.
How do you calculate irrigation rates?
We calculate annual irrigation
assessment rates in accordance with 25
CFR part 171.500 by estimating the
annual costs of operation and
maintenance at each of our irrigation
projects and then dividing by the total
assessable acres for that particular
irrigation project. The result of this
calculation for each project is stated in
the rate table in this notice.
What kinds of expenses do you
consider in determining the estimated
annual costs of operation and
maintenance?
Consistent with 25 CFR part 171.500,
these expenses include the following:
(a) Salary and benefits for the project
engineer/manager and project
employees under the project engineer/
manager’s management or control;
(b) Materials and supplies;
(c) Vehicle and equipment repairs;
(d) Equipment costs, including lease
fees;
(e) Depreciation;
(f) Acquisition costs;
(g) Maintenance of a reserve fund
available for contingencies or
emergency costs needed for the reliable
operation of the irrigation facility
infrastructure;
(h) Maintenance of a vehicle and
heavy equipment replacement fund;
(i) Systematic rehabilitation and
replacement of project facilities;
(j) Carriage Agreements for the
transfer of project water through
irrigation facilities owned by others.
(j) Any water storage fees for non-BIAowned reservoirs, as applicable,
(j) Contingencies for unknown costs
and omitted budget items; and
(k) Other expenses we determine
necessary to properly perform the
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activities and functions characteristic of
an irrigation project.
When should I pay my irrigation
assessment?
We will mail or hand-deliver your bill
notifying you (a) the amount you owe to
the United States and (b) when such
amount is due. If we mail your bill, we
will consider it as being delivered no
later than 5 business days after the day
we mail it. You should pay your bill by
the due date stated on the bill.
What information must I provide for
billing purposes?
All responsible parties are required to
provide the following information to the
billing office associated with the
irrigation project where you own or
lease land within the project’s
assessable acreage or to the billing office
associated with the irrigation project
with which you have a carriage
agreement:
(1) The full legal name of person or
entity responsible for paying the bill;
(2) An adequate and correct address
for mailing or hand delivering our bill;
and
(3) The taxpayer identification
number or Social Security number of
the person or entity responsible for
paying the bill.
Why are you collecting my taxpayer
identification number or Social
Security number?
Public Law 104–134, the Debt
Collection Improvement Act of 1996,
requires that we collect the taxpayer
identification number or Social Security
number before billing a responsible
party and as a condition to servicing the
account.
What happens if I am a responsible
party but I fail to furnish the
information required to the billing
office responsible for the irrigation
project within which I own or lease
assessable land or for which I have a
carriage agreement?
If you are late paying your bill
because of your failure to furnish the
required information listed above, you
will be assessed interest and penalties
as provided below, and your failure to
provide the required information will
not provide grounds for you to appeal
your bill or any penalties assessed.
What can happen if I do not provide the
information required for billing
purposes?
We can refuse to provide you
irrigation service.
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If I allow my bill to become past due,
could this affect my water delivery?
Are there any additional charges if I am
late paying my bill?
interest, penalties, and administrative
costs in accordance with 31 U.S.C. 3717.
Yes. 25 CFR 171.545(a) states: ‘‘We
will not provide you irrigation service
until: (1) Your bill is paid; or (2) You
make arrangement for payment pursuant
to § 171.550 of this part.’’ If we do not
receive your payment before the close of
business on the 30th day after the due
date stated on your bill, we will send
you a past due notice. This past due
notice will have additional information
concerning your rights. We will
consider your past due notice as
delivered no later than 5 business days
after the day we mail it. We follow the
procedures provided in 31 CFR 901.2,
‘‘Demand for Payment,’’ when
demanding payment of your past due
bill.
Yes. We will assess you interest on
the amount owed, using the rate of
interest established annually by the
Secretary of the United States Treasury
(Treasury) to calculate what you will be
assessed. You will not be assessed this
charge until your bill is past due.
However, if you allow your bill to
become past due, interest will accrue
from the original due date, not the past
due date. Also, you will be charged an
administrative fee of $12.50 for each
time we try to collect your past due bill.
If your bill becomes more than 90 days
past due, you will be assessed a penalty
charge of 6 percent per year, which will
accrue from the date your bill initially
became past due. Pursuant to 31 CFR
901.9, ‘‘Interest, penalties and
administrative costs,’’ as a Federal
agency, we are required to charge
What else will happen to my past due
bill?
Project name
If you do not pay your bill or make
payment arrangements to which we
agree, we are required to send your past
due bill to the Treasury for further
action. Under the provisions of 31 CFR
901.1, ‘‘Aggressive agency collection
activity,’’ Federal agencies should
consider referring debts that are less
than 180 days delinquent, and we must
send any unpaid annual irrigation
assessment bill to Treasury no later than
180 days after the original due date of
the bill.
Who 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 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, Telephone: (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 .............
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 operations & 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; (406) 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.
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Pine River Irrigation Project ............
Priscilla Bancroft, Superintendent, Vickie Begay, Irrigation Project Manager, P.O. Box 315, Ignacio, CO
81137–0315, Telephones: (970) 563–4511, Superintendent; (970) 563–9484, Irrigation Project Manager.
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 ....
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Kellie Youngbear Superintendent, Gary Colvin, Irrigation Project Manager, 12124 1st Avenue, Parker, AZ
85344, Telephone: (928) 669–7111.
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Project name
Project/agency contacts
Duck Valley Irrigation Project .........
Joseph McDade, Superintendent, (Project operations & 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.
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 proposed for adjustment by this
notice?
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The rate table below contains the
current rates for all irrigation projects
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where we recover costs of
administering, operating, maintaining,
and rehabilitating them. The table also
contains the proposed rates for the CY
2016 and subsequent years where
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applicable. An asterisk immediately
following the rate category notes the
irrigation projects where rates are
proposed for adjustment.
BILLING CODE 4337–15–P
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Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
Northwest Region Rate Table
Project Name
Final
2015 Rate
Final
2016 Rate
2017 Rate**
Basic per acre - A *
$26.00
$26.00
$33.50
Basic per acre - B *
$13.00
$13.00
$16.75
Minimum Charge per
tract
$75.00
$75.00
$75.00
Rate
Category
Final
2015 Rate
Proposed
2016 Rate
Basic per acre *
$49.00
$52.00
Minimum Charge per tract *
$35.00
$37.00
Basic per acre *
$27.00
$31.00
Minimum Charge per tract *
$35.00
$37.00
Basic per acre *
$50.50
$55.00
Pressure per acre *
$72.50
$83.00
Minimum Charge per tract *
$35.00
$37.00
Minimum Charge per bill *
$24.00
$25.00
Basic per acre *
$24.00
$25.00
Minimum Charge per bill *
$25.00
$30.00
Basic per acre *
$25.00
$30.00
Minimum Charge per bill
$79.00
$79.00
"A" Basic per acre
$79.00
$79.00
"B" Basic per acre
Flathead Irrigation
Project
Rate
Category
Proposed
$85.00
$85.00
Minimum Charge per bill *
$75.00
$78.00
(See Note #1)
Project Name
Fort Hall Irrigation Project
Fort Hall Irrigation Project -Minor
Units
Fort Hall Irrigation ProjectMichaud
Wapato Irrigation ProjectToppenish/Simcoe Units
Wapato Irrigation Project Ahtanum Units
Wapato Irrigation Project -
Wapato Irrigation Project -
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*
$75.00
$78.00
Minimum Charge
$86.00
$86.00
Basic per acre
Additional Works
$86.00
$86.00
Basic per acre
Wapato Irrigation Project Water Rental
Rocky Mountain Region Rate Table
Project Name
Rate
Category
Proposed
2016 Rate
Basic-per acre
Blackfeet Irrigation Project
Final
2015 Rate
$20.00
$20.00
Crow Irrigation Project- Willow
Creek O&M (includes Agency,
Lodge Grass #1, Lodge Grass #2,
Reno, Upper Little Horn, and Forty
Mile Units)
Basic-per acre
*
$24.80
$26.00
Crow Irrigation Project- All
Others (includes Bighorn, Soap
Creek, and Pryor Units)
Basic-per acre
*
$24.80
$26.00
Crow Irrigation Project - Two
Leggins Unit
Basic-per acre
$14.00
$14.00
Crow Irrigation Two Leggins
Drainage District
Basic-per acre
$2.00
$2.00
$15.00
$16.00
$26.00
$26.00
$21.00
$22.50
$21.00
$21.00
Fort Belknap Irrigation Project
Basic-per acre
Fort Peck Irrigation Project
*
Basic-per acre
Wind River Irrigation ProjectUnits 2, 3 and 4
Basic-per acre
Wind River Irrigation Project- Unit
6
*
Basic-per acre
Basic-per acre
*
$25.70
$47.00
Wind River Irrigation ProjectCrow Heart Unit
Basic-per acre
*
$14.00
$15.50
Wind River Irrigation Project- A
Canal Unit
Basic-per acre
*
$ 14.00
$15.50
Wind River Irrigation ProjectLeClair District
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(See Note #2)
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Wind River Irrigation ProjectRiverton Valley Irrigation District
Basic-per acre *
$26.00
$21.00
Southwest Region Rate Table
Rate
Category
Final
2015 Rate
Proposed
2016 Rate
Minimum Charge per
tract
$50.00
$50.00
Basic-per acre *
$17.00
$18.00
Final
2015 Rate
Proposed
2016 Rate
Project Name
Pine River Irrigation Project
Western
Re~ion
Rate Table
Rate Category
Colorado River Irrigation Project
Basic per acre up to
5.75 acre-feet
$54.00
$54.00
Excess Water per acrefoot over 5. 7 5 acrefeet
$17.00
$17.00
Duck Valley Irrigation Project
Basic per acre *
$5.30
$6.30
Yuma Project, Indian Unit
Basic per acre up to
5.0 acre-feet*
$108.50
$113.00
Excess Water per acrefoot over 5.0 acre-feet
$24.50
$24.50
Basic per acre up to
5.0 acre-feet (Ranch 5)
*
$108.50
$113.00
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(See Note #3)
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Project Name
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Project Name
Rate Category
San Carlos
Irrigation Project
(Joint Works)
Final
2015 Rate
Basic per acre *
Final
2016 Rate
Proposed
2017 Rate**
$35.00
$30.00
$25.00
Proposed 2016-2017 Construction Water Rate Schedule:
(See Note #4)
Off Project
Construction
On Project
ConstructionGravity Water
On Project
ConstructionPump Water
$300.00
$300.00
$300.00
Usage Fee
$250.00 per month
No Fee
$100.00 per acre
foot
Excess Water Rate t
$5.00 per 1,000 gal.
No Charge
No Charge
Administrative Fee
t The excess water rate applies to all water used in excess of 50,000 gallons in any one
month.
Project Name
Rate Category
Final
2015 Rate
Proposed
2016 Rate
San Carlos Irrigation Project (Indian
Works)
Basic per acre *
$86.00
$81.00
Basic per acre
$18.00
$18.00
Minimum Bill
$25.00
$25.00
Basic per acre
$31.00
$31.00
Uintah Irrigation Project
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(See Note#5)
Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
Tribes through a commitment to
consultation with Indian Tribes and
recognition of their right to selfgovernance and Tribal sovereignty. We
have evaluated this notice under the
Department’s consultation policy and
under the criteria of Executive Order
13175 and have determined there to be
substantial direct effects on federally
recognized Tribes because the irrigation
projects are located on or associated
with Indian reservations. To fulfill its
consultation responsibility to Tribes and
Tribal organizations, BIA
communicates, coordinates, and
consults on a continuing basis with
these entities on issues of water
delivery, water availability, and costs of
administration, operation, maintenance,
and rehabilitation of projects that
concern them. This is accomplished at
the individual irrigation project by
project, agency, and regional
representatives, as appropriate, in
accordance with local protocol and
procedures. This notice is one
component of our overall coordination
and consultation process to provide
notice to, and request comments from,
these entities when we adjust irrigation
assessment rates.
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Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (Executive Order
13211)
The proposed rate adjustments are not
a significant energy action under the
definition in Executive Order 13211. A
Statement of Energy Effects is not
required.
Regulatory Planning and Review
(Executive Order 12866)
These proposed 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 proposed 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 proposed 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 $100 million per year. The
rule does not have a significant or
unique effect on State, local, or Tribal
governments or the private sector. A
statement containing the information
required by the Unfunded Mandates
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Reform Act (2 U.S.C. 1531 et seq.) is not
required.
Takings (Executive Order 12630)
These proposed rate adjustments do
not effect a taking of private property or
otherwise have ‘‘takings’’ implications
under Executive Order 12630. The
proposed rate adjustments do not
deprive the public, state, or local
governments of rights or property.
Federalism (Executive Order 13132)
Under the criteria in section 1 of
Executive Order 13132, these proposed
rate adjustments do not have sufficient
federalism implications to warrant the
preparation of a federalism summary
impact statement because they will not
affect the States, the relationship
between the national government and
the States, or the distribution of power
and responsibilities among various
levels of government. A federalism
summary impact statement is not
required.
Civil Justice Reform (Executive Order
12988)
This notice complies with the
requirements of Executive Order 12988.
Specifically, in issuing this notice, the
Department has taken the necessary
steps to eliminate drafting errors and
ambiguity, minimize potential litigation,
and provide a clear legal standard for
affected conduct, as required by section
3 of Executive Order 12988.
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Consultation and Coordination With
Tribal Governments (Executive Order
13175)
51935
51936
Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
Paperwork Reduction Act of 1995
These proposed 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 June 30, 2019.
National Environmental Policy Act
The Department has determined that
these proposed 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: August 1, 2016.
Lawrence S. Roberts,
Principal Deputy Secretary—Indian Affairs.
[FR Doc. 2016–18642 Filed 8–4–16; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCON04000 L16100000.DP000]
Notice of Availability of the Final
Environmental Impact Statement for
Previously Issued Oil and Gas Leases
in the White River National Forest,
Colorado
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
In compliance with the
National Environmental Policy Act of
1969, as amended (NEPA), the Bureau of
Land Management (BLM) Colorado
River Valley Field Office (CRVFO),
located in Silt, Colorado, prepared a
Final Environmental Impact Statement
(EIS) that analyzes the environmental
impacts of previous decisions to issue
65 leases on lands within the White
River National Forest (WRNF) from
1995 to 2012.
DATES: The BLM will not issue a final
decision on the proposal for a minimum
of 30 days after the date that the
Environmental Protection Agency
publishes its Notice of Availability in
the Federal Register.
ADDRESSES: Copies of the Previously
Issued Oil and Gas Leases in the WRNF
Final EIS are available for public
inspection at the CRVFO, 2300 River
Frontage Road, Silt, CO 81652.
Interested persons may also review the
Final EIS on the project Web site at
https://www.blm.gov/co/st/en/fo/
crvfo.html.
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SUMMARY:
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Greg
Larson, Project Manager, at the address
above, by telephone at 970–876–9000,
or by email at glarson@blm.gov. Persons
who use a telecommunications device
for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1–
800–877–8339 to contact the above
individual during normal business
hours. The FIRS is available 24 hours a
day, seven days a week, to leave a
message or question with the above
individual. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION: The BLM
developed this EIS to address a NEPA
deficiency identified by the Interior
Board of Land Appeals (IBLA) related to
the issuance of oil and gas leases on
WRNF lands from 1995 to 2004. In
2007, the IBLA ruled that before
including WRNF parcels in an oil and
gas lease sale, the BLM must either
formally adopt the NEPA analysis
completed by the U.S. Forest Service
(USFS) or conduct a NEPA analysis of
its own (Board of Commissioners of
Pitkin County, 173 IBLA 173 (2007)).
The BLM canceled the three leases at
issue in that case and has identified 65
additional leases with effective dates
ranging from 1995 to 2012, which the
BLM leased without either: (i) Adopting
applicable USFS NEPA, or (ii) Preparing
its own NEPA analysis. For these 65
existing leases, the most recent USFS
decision to make these lands available
for oil and gas leasing was analyzed in
the 1993 USFS WRNF Oil and Gas
Leasing EIS, which was reaffirmed in
the 2002 WRNF Plan.
While the BLM obtained USFS
consent before offering and
subsequently issuing these 65 leases, it
did not adopt the USFS’ NEPA analysis
or prepare its own analysis. As a result,
the BLM determined that the issuance of
the leases in question was not in
compliance with applicable NEPA
requirements, rendering the leases
voidable. The BLM therefore
determined that additional actions were
necessary to either reaffirm, modify, or
cancel those leases. As part of its
determination of what additional action
needs to be taken, the BLM determined
that the WRNF NEPA analysis relevant
to the 65 previously issued leases was
no longer adequate due to changes in
laws, regulations, policies and
conditions since the earlier EIS was
finalized in 1993. As a result, the BLM
prepared this EIS, which analyzes the
previous decisions to lease WRNF lands
for oil and gas development.
Based on the analysis in the EIS, the
BLM will determine whether these 65
leases should be cancelled, reaffirmed,
FOR FURTHER INFORMATION CONTACT:
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or modified with additional or different
terms. Distinct from this effort, the
USFS has also been updating its 1993
Oil and Gas Leasing EIS to address
future oil and gas leasing availability on
the WRNF. The USFS released the Final
EIS and Draft Record of Decision in
December 2014. The Final USFS Record
of Decision was signed in December
2015. The USFS EIS and ROD are
forward-looking and do not directly
affect the 65 previously issued leases;
however, the information generated as
part of that process was relevant to the
BLM’s analysis. As part of its process,
the BLM has incorporated as much of
the new USFS NEPA analysis of future
oil and gas leasing on WRNF lands as
possible into the BLM’s analysis of the
existing leases.
The BLM considered six alternatives
in the Final EIS, including the No
Action Alternative. The No Action
Alternative would reaffirm the lease
stipulations on the 65 leases as they
were issued. Under this alternative, the
BLM would take no action by
continuing to administer the leases with
their current stipulations. Alternative 2
would address inconsistencies in some
of the existing leases by adding
stipulations identified in the 1993
WRNF EIS that should have been but
were not attached to eight leases when
they were issued. Alternative 3 would
modify the 65 leases to match the
stipulations identified for future leasing
in the 2014 USFS Final EIS Proposed
Action. Alternative 4 would modify or
cancel the 65 leases to match the
stipulations and availability decision for
future leasing identified in the 2014
USFS Draft Record of Decision. In areas
the USFS identified as open to future
leasing, lease stipulations would be
modified to track those found in the
most recent decisions, and all or part of
25 existing leases in areas identified as
closed to future leasing would be
cancelled. Alternative 5 would cancel
all 65 leases.
For purposes of the Final EIS, the
BLM identified a combination of
Alternatives 2 and 4 as its Preferred
Alternative. Under this alternative, the
BLM would cancel in their entirety 25
leases that are not producing or
committed to a unit or communitization
agreement, and that overlap with the
area identified as closed to future
leasing by the USFS’s Final Record of
Decision (USFS 2015f). It would apply
Alternative 4 stipulations (i.e., those
that were identified in the 2015 USFS
Record of Decision) to the 13
undeveloped leases that are within parts
of the WRNF identified as open to
future leasing, and would apply
Alternative 2 stipulations (i.e., those
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[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Pages 51927-51936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18642]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[167A2100DD/AAKC001030/A0A501010.999900]
Rate Adjustments for Indian Irrigation Projects
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of proposed 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 request your
comments on the proposed rate adjustments.
DATES: Interested parties may submit comments on the proposed rate
adjustments on or before October 4, 2016.
ADDRESSES: All comments on the proposed rate adjustments must be in
writing and addressed to: Yulan Jin, Chief, Division of Water and
Power, Office of Trust Services, Mail Stop 4637-MIB, 1849 C Street NW.,
Washington, DC 20240, Telephone (202) 219-0941.
FOR FURTHER INFORMATION CONTACT: For details about a particular
irrigation project, please use the tables in SUPPLEMENTARY INFORMATION
section to contact the regional or local office where the project is
located.
SUPPLEMENTARY INFORMATION: The first table in this notice provides
contact information for individuals who can give further information
about the irrigation projects covered by this notice. The second table
provides the current 2015 irrigation assessment rates, the proposed
rates for Calendar Year (CY) 2016, and proposed rates for subsequent
years where these rates are available.
What is the meaning of the key terms used in this notice?
In this notice:
Administrative costs means all costs we incur to administer our
irrigation projects at the local project level and is a cost factor
included in calculating your operation and maintenance assessment.
Costs incurred at the local project level do not normally include
Agency, Region, or Central Office costs unless we state otherwise in
writing.
Assessable acre means lands designated by us to be served by one of
our irrigation projects, for which we collect assessments in order to
recover costs for the provision of irrigation service. (See total
assessable acres.)
BIA means the Bureau of Indian Affairs.
Bill means our statement to you of the assessment charges and/or
fees you owe the United States for administration, operation,
maintenance, and/or rehabilitation. The date we mail or hand-deliver
your bill will be stated on it.
Costs means the costs we incur for administration, operation,
maintenance, and rehabilitation to provide direct support or benefit to
an irrigation facility. (See administrative costs, operation costs,
maintenance costs, and rehabilitation costs).
Customer means any person or entity to whom or to which we provide
irrigation service.
Due date is the date on which your bill is due and payable. This
date will be stated on your bill.
I, me, my, you and your means all persons or entities that are
affected by this notice.
Irrigation project means a facility or portion thereof for the
delivery, diversion, and storage of irrigation water that we own or
have an interest in, including all appurtenant works. The term
``irrigation project'' is used interchangeably with irrigation
facility, irrigation system, and irrigation area.
Irrigation service means the full range of services we provide
customers of our irrigation projects. This includes our activities to
administer, operate, maintain, and rehabilitate our projects in order
to deliver water.
Maintenance costs means costs we incur to maintain and repair our
irrigation projects and associated equipment and is a cost factor
included in calculating your operation and maintenance assessment.
Operation and maintenance (O&M) assessment means the periodic
charge you must pay us to reimburse costs of administering, operating,
maintaining, and rehabilitating irrigation projects
[[Page 51928]]
consistent with this notice and our supporting policies, manuals, and
handbooks.
Operation or operating costs means costs we incur to operate our
irrigation projects and equipment and is a cost factor included in
calculating your O&M assessment.
Past due bill means a bill that has not been paid by the close of
business on the 30th day after the due date as stated on the bill.
Beginning on the 31st day after the due date, we begin assessing
additional charges accruing from the due date.
Rehabilitation costs means costs we incur to restore our irrigation
projects or features to original operating condition or to the nearest
state which can be achieved using current technology and is a cost
factor included in calculating your O&M assessment.
Responsible party means an individual or entity that owns or leases
land within the assessable acreage of one of our irrigation projects
and is responsible for providing accurate information to our billing
office and paying a bill for an annual irrigation rate assessment.
Total assessable acres means the total acres served by one of our
irrigation projects.
Water delivery is an activity that is part of the irrigation
service we provide our customers when water is available.
We, us, and our means the United States Government, the Secretary
of the Interior, the BIA, and all who are authorized to represent us in
matters covered under this notice.
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 https://www.gpo.gov.
Why are you publishing this notice?
We are publishing this notice to inform you that we propose to
adjust our irrigation assessment rates. This notice is published in
accordance with the BIA's regulations governing its operation and
maintenance of irrigation projects, found at 25 CFR part 171. This
regulation provides for the establishment and publication of the
proposed rates for annual irrigation assessments as well as related
information about our irrigation projects.
What authorizes you to issue this notice?
Our authority to issue this notice is vested in the Secretary of
the Interior by 5 U.S.C. 301 and the Act of August 14, 1914 (38 Stat.
583; 25 U.S.C. 385). The Secretary has in turn delegated this authority
to the Assistant Secretary--Indian Affairs under Part 209, Chapter
8.1A, of the Department of the Interior's Departmental Manual.
When will you put the rate adjustments into effect?
We will put the rate adjustments into effect for the CY 2016 and
subsequent years where applicable.
How do you calculate irrigation rates?
We calculate annual irrigation assessment rates in accordance with
25 CFR part 171.500 by estimating the annual costs of operation and
maintenance at each of our irrigation projects and then dividing by the
total assessable acres for that particular irrigation project. The
result of this calculation for each project is stated in the rate table
in this notice.
What kinds of expenses do you consider in determining the estimated
annual costs of operation and maintenance?
Consistent with 25 CFR part 171.500, these expenses include the
following:
(a) Salary and benefits for the project engineer/manager and
project employees under the project engineer/manager's management or
control;
(b) Materials and supplies;
(c) Vehicle and equipment repairs;
(d) Equipment costs, including lease fees;
(e) Depreciation;
(f) Acquisition costs;
(g) Maintenance of a reserve fund available for contingencies or
emergency costs needed for the reliable operation of the irrigation
facility infrastructure;
(h) Maintenance of a vehicle and heavy equipment replacement fund;
(i) Systematic rehabilitation and replacement of project
facilities;
(j) Carriage Agreements for the transfer of project water through
irrigation facilities owned by others.
(j) Any water storage fees for non-BIA-owned reservoirs, as
applicable,
(j) Contingencies for unknown costs and omitted budget items; and
(k) Other expenses we determine necessary to properly perform the
activities and functions characteristic of an irrigation project.
When should I pay my irrigation assessment?
We will mail or hand-deliver your bill notifying you (a) the amount
you owe to the United States and (b) when such amount is due. If we
mail your bill, we will consider it as being delivered no later than 5
business days after the day we mail it. You should pay your bill by the
due date stated on the bill.
What information must I provide for billing purposes?
All responsible parties are required to provide the following
information to the billing office associated with the irrigation
project where you own or lease land within the project's assessable
acreage or to the billing office associated with the irrigation project
with which you have a carriage agreement:
(1) The full legal name of person or entity responsible for paying
the bill;
(2) An adequate and correct address for mailing or hand delivering
our bill; and
(3) The taxpayer identification number or Social Security number of
the person or entity responsible for paying the bill.
Why are you collecting my taxpayer identification number or Social
Security number?
Public Law 104-134, the Debt Collection Improvement Act of 1996,
requires that we collect the taxpayer identification number or Social
Security number before billing a responsible party and as a condition
to servicing the account.
What happens if I am a responsible party but I fail to furnish the
information required to the billing office responsible for the
irrigation project within which I own or lease assessable land or for
which I have a carriage agreement?
If you are late paying your bill because of your failure to furnish
the required information listed above, you will be assessed interest
and penalties as provided below, and your failure to provide the
required information will not provide grounds for you to appeal your
bill or any penalties assessed.
What can happen if I do not provide the information required for
billing purposes?
We can refuse to provide you irrigation service.
[[Page 51929]]
If I allow my bill to become past due, could this affect my water
delivery?
Yes. 25 CFR 171.545(a) states: ``We will not provide you irrigation
service until: (1) Your bill is paid; or (2) You make arrangement for
payment pursuant to Sec. 171.550 of this part.'' If we do not receive
your payment before the close of business on the 30th day after the due
date stated on your bill, we will send you a past due notice. This past
due notice will have additional information concerning your rights. We
will consider your past due notice as delivered no later than 5
business days after the day we mail it. We follow the procedures
provided in 31 CFR 901.2, ``Demand for Payment,'' when demanding
payment of your past due bill.
Are there any additional charges if I am late paying my bill?
Yes. We will assess you interest on the amount owed, using the rate
of interest established annually by the Secretary of the United States
Treasury (Treasury) to calculate what you will be assessed. You will
not be assessed this charge until your bill is past due. However, if
you allow your bill to become past due, interest will accrue from the
original due date, not the past due date. Also, you will be charged an
administrative fee of $12.50 for each time we try to collect your past
due bill. If your bill becomes more than 90 days past due, you will be
assessed a penalty charge of 6 percent per year, which will accrue from
the date your bill initially became past due. Pursuant to 31 CFR 901.9,
``Interest, penalties and administrative costs,'' as a Federal agency,
we are required to charge interest, penalties, and administrative costs
in accordance with 31 U.S.C. 3717.
What else will happen to my past due bill?
If you do not pay your bill or make payment arrangements to which
we agree, we are required to send your past due bill to the Treasury
for further action. Under the provisions of 31 CFR 901.1, ``Aggressive
agency collection activity,'' Federal agencies should consider
referring debts that are less than 180 days delinquent, and we must
send any unpaid annual irrigation assessment bill to Treasury no later
than 180 days after the original due date of the bill.
Who 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 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, Telephone:
(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 operations & 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;
(406) 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.
------------------------------------------------------------------------
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.
[[Page 51930]]
Duck Valley Irrigation Project.... Joseph McDade, Superintendent,
(Project operations & 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 Ferris Begay, Project Manager,
Indian Works and Joint Works. Clarence Begay, Irrigation Manager,
13805 N. Arizona Boulevard,
Coolidge, AZ 85128, Telephone:
(520) 723-6225.
Uintah Irrigation Project......... 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 proposed for adjustment 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
proposed rates for the CY 2016 and subsequent years where applicable.
An asterisk immediately following the rate category notes the
irrigation projects where rates are proposed for adjustment.
BILLING CODE 4337-15-P
[[Page 51931]]
[GRAPHIC] [TIFF OMITTED] TN05AU16.039
[[Page 51932]]
[GRAPHIC] [TIFF OMITTED] TN05AU16.040
[[Page 51933]]
[GRAPHIC] [TIFF OMITTED] TN05AU16.041
[[Page 51934]]
[GRAPHIC] [TIFF OMITTED] TN05AU16.042
[[Page 51935]]
[GRAPHIC] [TIFF OMITTED] TN05AU16.043
Consultation and Coordination With Tribal Governments (Executive Order
13175)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. We have evaluated this
notice under the Department's consultation policy and under the
criteria of Executive Order 13175 and have determined there to be
substantial direct effects on federally recognized Tribes because the
irrigation projects are located on or associated with Indian
reservations. To fulfill its consultation responsibility to Tribes and
Tribal organizations, BIA communicates, coordinates, and consults on a
continuing basis with these entities on issues of water delivery, water
availability, and costs of administration, operation, maintenance, and
rehabilitation of projects that concern them. This is accomplished at
the individual irrigation project by project, agency, and regional
representatives, as appropriate, in accordance with local protocol and
procedures. This notice is one component of our overall coordination
and consultation process to provide notice to, and request comments
from, these entities when we adjust irrigation assessment rates.
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (Executive Order 13211)
The proposed rate adjustments are not a significant energy action
under the definition in Executive Order 13211. A Statement of Energy
Effects is not required.
Regulatory Planning and Review (Executive Order 12866)
These proposed 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 proposed 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 proposed 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 $100 million per year. The rule does not
have a significant or unique effect on State, local, or Tribal
governments or the private sector. A statement containing the
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531
et seq.) is not required.
Takings (Executive Order 12630)
These proposed rate adjustments do not effect a taking of private
property or otherwise have ``takings'' implications under Executive
Order 12630. The proposed rate adjustments do not deprive the public,
state, or local governments of rights or property.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, these
proposed rate adjustments do not have sufficient federalism
implications to warrant the preparation of a federalism summary impact
statement because they will not affect the States, the relationship
between the national government and the States, or the distribution of
power and responsibilities among various levels of government. A
federalism summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
This notice complies with the requirements of Executive Order
12988. Specifically, in issuing this notice, the Department has taken
the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct, as required by section 3 of Executive Order 12988.
[[Page 51936]]
Paperwork Reduction Act of 1995
These proposed 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 June 30, 2019.
National Environmental Policy Act
The Department has determined that these proposed 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: August 1, 2016.
Lawrence S. Roberts,
Principal Deputy Secretary--Indian Affairs.
[FR Doc. 2016-18642 Filed 8-4-16; 8:45 am]
BILLING CODE 4337-15-P