Rate Adjustments for Indian Irrigation Projects, 37604-37609 [2017-16910]
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Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices
II. Background
To help us carry out our conservation
responsibilities for affected species, and
in consideration of section 10(a)(1)(A) of
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), along
with Executive Order 13576,
‘‘Delivering an Efficient, Effective, and
Accountable Government,’’ and the
President’s Memorandum for the Heads
of Executive Departments and Agencies
of January 21, 2009—Transparency and
Open Government (74 FR 4685; Jan. 26,
2009), which call on all Federal
agencies to promote openness and
transparency in Government by
disclosing information to the public, we
invite public comment on these permit
applications before final action is taken.
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III. Permit Applications
We invite the public to comment on
applications to conduct certain
activities with endangered species. With
some exceptions, the Endangered
Species Act (16 U.S.C. 1531 et seq.;
ESA) prohibits activities with listed
species unless Federal authorization is
acquired that allows such activities.
Applicant: Liliana Cortez Ortiz, Ann
Arbor, MI; PRT–26524C
The applicant requests a permit to
import howler monkey (Alouatta
palliata palliata) biological samples
from nongovernmental organization
´
(NGO) Asociacion para el Desarrollo de
´
Solentiname, Isla Mancarron, El
Archipielago de Solentiname,
Nicaragua, for the purpose of scientific
research. This notification covers
activities to be conducted by the
applicant over a 5-year period.
Applicant: Zoological Society of
Philadelphia, PA; PRT–31910C
The applicant requests a permit to
import one captive born female jaguar
(Panthera onca) from Zoo de Granby,
Quebec, Canada, for the purpose of
enhancement of the survival of the
species.
Applicant: Ricardo Longoria, Natalia,
TX; PRT–192403
The applicant requests renewal of a
permit to authorize interstate commerce,
export and cull excess barasingha
(Rucervus duvaucelii), Eld’s deer
(Rucervus eldii), and red lechwe (Kobus
lechwe) from the captive herds
maintained at their facility for the
purpose of enhancement of the survival
of the species. This notification covers
activities to be conducted by the
applicant over a 5-year period.
Applicant: Cynthia Page-Karjian,
Florida Atlantic Univ, Fort Pierce, FL;
PRT–34054C
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The applicant requests a permit to
import DNA samples from the following
species: leatherback sea turtle
(Dermochelys coriacea), green sea turtle
(Chelonia mydas), and hawksbill sea
turtle (Eretmochelys imbricata) for the
purpose of scientific research. This
notification is for a single import.
Applicant: John Aynes, Oklahoma City,
OK; PRT–29141A
The applicant requests a renewal and
amendment to a captive-bred wildlife
registration under 50 CFR 17.21(g) for
the following species: Golden conure/
Queen of Bavaria conure (Aratinga
guarouba), which is listed as the golden
parakeet; red-vented cockatoo (Cacatua
haematuropygia), which is listed as the
Philippine cockatoo; citron cockatoo
(Cacatua sulphurea citrinocristata); and
blue-throated macaw (Ara
glaucogularis) to enhance the
propagation or survival of the species.
This notification covers activities to be
conducted by the applicant over a 5year period.
Applicant: Jason Troxell, Eagle River,
AK; PRT–32830
The applicant requests a captive-bred
wildlife registration under 50 CFR
17.21(g) for radiated tortoises
(Astrochelys radiata) to enhance species
survival. This notification covers
activities conducted by the applicant
over a 5-year period.
Multiple Applicants
Applicant: Sal Davino, Morristown, NJ;
PRT–21334C
Applicant: Sharon Fisher, Dorr, MI;
PRT–32360C
The applicant requests a permit to
import sport-hunted trophies of a 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 enhancing the
propagation or survival of the species.
IV. Next Steps
If the Service decides to issue permits
to any of the applicants listed in this
notice, we will publish a notice in the
Federal Register. You may locate the
Federal Register notice announcing the
permit issuance date by searching in
www.regulations.gov under the permit
number listed in this document.
V. Public Comments
You may submit your comments and
materials concerning this notice by one
of the methods listed in ADDRESSES. We
will not consider comments sent by
email or fax or to an address not listed
in ADDRESSES.
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If you submit a comment via https://
www.regulations.gov, your entire
comment, including any personal
identifying information, will be posted
on the Web site. If you submit a
hardcopy comment that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy comments
on https://www.regulations.gov.
VI. Authority
The authority for this action is the
Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
Joyce Russell,
Government Information Specialist, Branch
of Permits, Division of Management
Authority.
[FR Doc. 2017–16947 Filed 8–10–17; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[178A2100DD/AAKC001030/
A0A501010.999900 253G]
Rate Adjustments for Indian Irrigation
Projects
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
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.
SUMMARY:
The irrigation assessment rates
are current as of January 1, 2017.
FOR FURTHER INFORMATION CONTACT: For
details about a particular BIA irrigation
project or facility, please use the tables
in the SUPPLEMENTARY INFORMATION
section to find contacts at the regional
or local office at which the project or
facility is located.
SUPPLEMENTARY INFORMATION: A Notice
of Proposed Rate Adjustment was
published in the Federal Register on
April 21, 2017 (82 FR 18770) to propose
adjustments to the irrigation assessment
DATES:
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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 June 20, 2017.
Did BIA defer or change any proposed
rate increases?
Yes. For the Flathead Indian Irrigation
Project, the full rate increase to $33.50
as published in the proposed notice for
the 2018 rate will not be implemented.
The final 2018 rate will be changed from
$33.50 to $29.00, with the remainder of
the full rate increase to be implemented
in 2019. For the Wind River Irrigation
Project, the Crowheart and A Canal
Units increase to $15.75 as published in
the proposed notice for the 2017 rate
will not be implemented. The final 2017
rate is $15.50. All other rates are to be
implemented at the respective irrigation
projects as published.
Did BIA receive any comments on the
proposed irrigation assessment rate
adjustments?
Yes. Written comments were received
related to the proposed irrigation rate
adjustment for the Flathead (FIIP) and
Colorado River (CRIIP) Indian Irrigation
Projects.
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What issues were of concern to the
commenters?
Commenters raised concerns on the
proposed rates about the following
issues:
The Following Comments Are Specific
to the Flathead Indian Irrigation Project
Written comments relating to the
proposed rate adjustment were received
by letter. BIA’s summary of the issues
and BIA’s responses are provided
below.
Comment: Several commenters
expressed a position that, under the
irrigation districts’ repayment contracts,
only irrigation districts have the power
to assess themselves.
Response: As noted in the April 21,
2017 Federal Register notice, BIA is
required to establish irrigation
assessment rates that recover the costs
to administer, operate, maintain, and
rehabilitate our projects. As owner of
the FIIP, it is BIA’s responsibility to
ensure adequate resources are made
available to meet the requirements
noted above. BIA’s authority to assess
rates dates back to the Act of May 29,
1908, is codified at 25 U.S.C. 381 et seq.,
and is addressed in the BIA’s
regulations at 25 CFR part 171.
Additionally, the repayment contracts
between the irrigation districts and
Interior explicitly state that operation
and maintenance expenses ‘‘shall be
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paid . . . as provided . . . by rules
made or to be made . . . by the
Secretary of the Interior.’’ The
repayment contracts between the
irrigation districts and Interior capture
the irrigators’ obligation to pay annual
assessments as well as the irrigation
districts’ authority to collect such
assessments for payment to the United
States. The authority to assess rates,
however, rests solely with Interior and
has not been delegated to the irrigation
districts.
Comment: Several commenters
requested that the rate increase be
deferred until current litigation is
resolved regarding the transfer of the
operation and maintenance of the FIIP.
Response: As current project operator,
BIA must plan for the 2018 season and
set O&M rates at a level sufficient to
cover the costs of administering,
operating, maintaining and
rehabilitating the FIIP. It is imperative
that the project operator be able to
operate and maintain the project, ensure
adequate staffing levels, purchase
supplies and materials, repair and/or
replace existing key infrastructure,
implement an invasive weed control
program, maintain operating equipment,
maintain an adequate equipment
sinking fund for replacing vital heavy
equipment, and maintain an adequate
Emergency Reserve Fund. Additionally,
the project operator will also need to
address deferred maintenance projects
on the FIIP.
Comment: One commenter stated that
a 29% increase is unwarranted at this
time.
Response: The costs associated with
operating and maintaining the FIIP have
historically and consistently exceeded
the amount paid through assessments.
Even during the timeframe during
which the Cooperative Management
Entity operated the FIIP, the O&M
assessment rate was increased twice, in
2010 and 2011. Since reassumption, the
BIA has made clear the need to increase
FIIP assessments rates to address its
operation and maintenance needs and
has publicly noticed the need to raise
rates in both 2015 and 2016 (see 80 FR
33279, June 11, 2015, and 81 FR 51927,
August 5, 2016, respectively). The only
reason rate increases were not
implemented during these years was
because of the timeframe necessary to
communicate an increase to the
counties that collect the O&M funds.
Rate increases have been needed for
many years, and FIIP’s ability to address
its operation and maintenance needs
have been compromised by not
increasing rates since 2011.
Moreover, the methodology used by
BIA to determine the 2017 O&M rate
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was reasonable. Based on a review of
historical income receipts and
expenditures, a budget of projected
income receipts and expenditures is
developed approximately two years
before the O&M assessments are
collected and expenses are incurred.
BIA relies on financial reports generated
by the Financial and Business
Management System for reviewing past
expenditures and projecting a future
budget and expenditures. Procurement
files and records maintained by the FIIP
were also reviewed and considered.
Comment: One commenter stated that
no rate increase should be made at this
time because of local agricultural
economics.
Response: BIA’s projects are
important economic contributors to the
local communities they serve, and they
contribute millions of dollars in crop
value annually. Unfortunately, the costs
associated with operating and
maintaining an irrigation project may
increase independently of prices and
costs that are realized by the irrigators.
Historically, BIA tempered irrigation
rate increases to demonstrate sensitivity
to the economic impact on water users,
but that past practice resulted in a rate
deficiency at some irrigation projects
and BIA does not have discretionary
funds to subsidize irrigation projects.
Therefore, funding to operate and
maintain these projects needs to come
from revenues from the water users
served by those projects.
BIA’s irrigation program has been the
subject of several Office of Inspector
General (OIG) and U.S. Government
Accountability Office (GAO) audits. In
the most recent OIG audit, No. 96–I–
641, March 1996, the OIG concluded:
Operation and maintenance revenues were
insufficient to maintain the projects, and
some projects had deteriorated to the extent
that their continued capability to deliver
water was in doubt. This occurred because
operation and maintenance rates were not
based on the full cost of delivering irrigation
water, including the costs of systematically
rehabilitating and replacing project facilities
and equipment, and because project
personnel did not seek regular rate increases
to cover the full cost of project operation.
A previous OIG audit performed on
one of the BIA’s largest irrigation
projects, the Wapato Indian Irrigation
Project, No. 95–I–1402, September 1995,
reached the same conclusion.
To address the issues noted in these
audits, BIA must systematically review
and evaluate irrigation assessment rates
and adjust them, when necessary, to
reflect the full costs to operate and
perform all appropriate maintenance on
the irrigation project or facility
infrastructure to ensure safe and reliable
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operation. If this review and adjustment
is not accomplished, a rate deficiency
can accumulate over time. Rate
deficiencies force BIA to raise irrigation
assessment rates in larger increments
over shorter periods than would have
been otherwise necessary.
Comment: One commenter stated that
the proposed rate increase was not
discussed with the Joint Board of
Control (JBC) nor the Confederated
Salish and Kootenai Tribes (CSKT).
Response: The status of the FIIP
budget and the need to increase rates
were communicated to the JBC as early
as 2014 and have been discussed with
both the JBC and CSKT numerous times
since then. BIA publicly noticed its
intent to increase assessment rates in
both 2015 and 2016 (see 80 FR 33279,
June 11, 2015, and 81 FR 51927, August
5, 2016). Regarding the 2018 proposed
increase, the Project Manager provided
and discussed the proposed budget
information that supports the rate
increase to the JBC in January 2017.
This information was also provided at
an April 11, 2017 water user meeting.
The CSKT was also notified of the rate
increase.
Comment: One commenter
recommended a gradual rate increase
over the next 5 to 7 years.
Response: BIA has projected this
proposed rate increase for several years,
and anticipated increasing the
assessment rates in both 2015 and 2016.
The FIIP O&M budget was prepared in
accordance with BIA financial
guidelines. BIA considers the following
items when determining an irrigation’s
project’s budget: Project personnel costs;
materials and supplies; vehicle and
equipment repairs; equipment;
capitalization expenses; acquisition
expenses; rehabilitation costs;
maintenance of a reserve fund for
contingencies or emergencies; and other
expenses that are determined to be
necessary to operate and maintain an
irrigation project.
Based on increased costs associated
with administering, operating,
maintaining and rehabilitating the FIIP,
the need for the proposed rate increase
is clear and the $7.50 increase is
justified. However, given the timing of
the Federal Register notice, BIA has
decided to impose only a $3.00 increase
in 2018 and postpone the remainder of
the increase until 2019.
The Following Comment Is Specific to
the Colorado River Indian Irrigation
Project
Comment: One commenter suggested
that the rate for the Colorado River
Indian Tribes should be increased by
11%. Included were several reports
related to previous and recent
information collected regarding the
Colorado River Indian Irrigation Project
(CRIIP).
Response: The recent information
collected concerning the CRIIP is being
evaluated to determine how this might
impact the future operation and
maintenance activities of the project.
However, in order to implement an
increase it would be necessary to
Project name
propose the change and again solicit
comments. For the purpose of this
notice, the proposed rate as published
in the Federal Register at 82 FR 18770
(April 21, 2017) will remain unchanged.
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
(Secretary) by 5 U.S.C. 301 and the Act
of August 14, 1914 (38 Stat. 583; 25
U.S.C. 385). The Secretary has in turn
delegated this authority to the Assistant
Secretary—Indian Affairs under Part
209, Chapter 8.1A, of the Department of
the Interior’s Departmental Manual.
Whom can I contact for further
information?
The following tables are the regional
and project/agency contacts for our
irrigation facilities.
Project/agency contacts
Northwest Region Contacts
Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest Regional Office, 911 N.E. 11th Avenue, Portland, OR 97232–
4169,Telephone: (503) 231–6702.
Flathead Indian Irrigation Project ....
Fort Hall Irrigation Project ...............
Wapato Irrigation Project ................
Pete Plant, Acting Superintendent, Pete Plant, Irrigation Project Manager, P.O. Box 40, Pablo, MT 59855,
Telephones: (406) 675–2700 ext. 1300 Superintendent, (406) 745–2661 ext. 2 Project Manager.
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, 2021 4th Avenue North, Billings, MT 59101,
Telephone: (406) 247–7943.
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Blackfeet Irrigation Project ..............
Crow Irrigation Project ....................
Fort Belknap Irrigation Project ........
Fort Peck Irrigation Project .............
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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, John Anevski, Acting Irrigation Project Manager, P.O. Box 69, Crow
Agency, MT 59022, Telephones: (406) 638–2672, Superintendent, (406) 247–7998, Acting Irrigation
Project Manager.
John St. Pierre, Superintendent, John Anevski, Acting Irrigation Project Manager (BIA), (Project operation
& maintenance contracted to Tribes), R.R.1, Box 980, Harlem, MT 59526, Telephones: (406) 353–2901,
Superintendent, (406) 353–8454, Irrigation Project Manager (Tribal Office).
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.
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Project name
Project/agency contacts
Wind River Irrigation Project ...........
Norma Gourneau, Superintendent, John Anevski, Acting Irrigation Project Manager, P.O. Box 158, Fort
Washakie, WY 82514, Telephones: (307) 332–7810, Superintendent, (406) 247–7998, 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 ....
Duck Valley Irrigation Project .........
Yuma Project, Indian Unit ...............
San Carlos Irrigation Project Indian
Works and Joint Works.
Uintah Irrigation Project ..................
Walker River Irrigation Project ........
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).
Denni Shields, 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.
Antonio Pingree, Acting 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
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 2017
calendar year and subsequent years
Rate
category
Project name
where applicable. An asterisk
immediately following the rate category
notes the irrigation projects where 2017
rates are different from the 2016 rates.
Final
2016 rate
Final
2017 rate
Final
2018 rate **
Northwest Region Rate Table
Flathead Indian Irrigation Project (See Note #1) ....................
Basic-per acre—A ..................
Basic-per acre—B ..................
Minimum Charge per tract .....
$26.00
13.00
75.00
Project name
Rate
category
Fort Hall Irrigation Project ..........................................................................
Basic per acre * ...............................
Minimum Charge per tract * ............
Basic per acre * ...............................
Minimum Charge per tract * ............
Basic per acre * ...............................
Pressure per acre * ..........................
Minimum Charge per tract * ............
Minimum Charge per bill .................
Basic per acre .................................
Minimum Charge per bill .................
Basic per acre .................................
Minimum Charge per bill .................
‘‘A’’ Basic per acre ..........................
‘‘B’’ Basic per acre ..........................
Minimum Charge per bill * ...............
Basic per acre * ...............................
Minimum Charge .............................
Basic per acre .................................
Fort Hall Irrigation Project—Minor Units ....................................................
Fort Hall Irrigation Project—Michaud ........................................................
Wapato Irrigation Project—Toppenish/Simcoe Units ................................
Wapato Irrigation Project—Ahtanum Units ................................................
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Wapato Irrigation Project—Satus Unit .......................................................
Wapato Irrigation Project—Additional Works ............................................
Wapato Irrigation Project—Water Rental ..................................................
$26.00
13.00
75.00
Final
2016 rate
$29.00
14.50
75.00
Final
2017 rate
$52.00
37.00
31.00
37.00
55.00
83.00
37.00
25.00
25.00
30.00
30.00
79.00
79.00
85.00
78.00
78.00
86.00
86.00
$54.00
38.50
32.50
38.50
57.50
88.50
38.50
25.00
25.00
30.00
30.00
79.00
79.00
85.00
80.00
80.00
86.00
86.00
20.00
20.00
Rocky Mountain Region Rate Table
Blackfeet Irrigation Project .........................................................................
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Basic-per acre .................................
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Project name
Rate
category
Final
2016 rate
Final
2017 rate
Crow Irrigation Project—Willow Creek O&M (includes Agency, Lodge
Grass #1, Lodge Grass #2, Reno, Upper Little Horn, and Forty Mile
Units).
Crow Irrigation Project—All Others (includes Bighorn, Soap Creek, and
Pryor Units).
Crow Irrigation Project—Two Leggins Unit ...............................................
Crow Irrigation Two Leggins Drainage District ..........................................
Fort Belknap Irrigation Project ...................................................................
Fort Peck Irrigation Project ........................................................................
Wind River Irrigation Project—Units 2, 3 and 4 ........................................
Wind River Irrigation Project—Unit 6 ........................................................
Wind River Irrigation Project—LeClair District ..........................................
(see Note #2) .............................................................................................
Wind River Irrigation Project—Crow Heart Unit ........................................
Wind River Irrigation Project—A Canal Unit .............................................
Wind River Irrigation Project—Riverton Valley Irrigation District ..............
Basic-per acre * ...............................
26.00
28.00
Basic-per acre * ...............................
26.00
28.00
Basic-per
Basic-per
Basic-per
Basic-per
Basic-per
Basic-per
Basic-per
acre .................................
acre .................................
acre .................................
acre .................................
acre * ...............................
acre .................................
acre .................................
14.00
2.00
16.00
26.00
22.50
21.00
47.00
14.00
2.00
16.00
26.50
23.50
21.00
47.00
Basic-per acre .................................
Basic-per acre .................................
Basic-per acre * ...............................
15.50
15.50
26.00
15.50
15.50
30.65
50.00
18.00
50.00
19.00
54.00
17.00
54.00
17.00
5.30
113.00
24.50
5.30
118.50
27.50
113.00
118.50
Southwest Region Rate Table
Pine River Irrigation Project .......................................................................
Minimum Charge per tract ..............
Basic-per acre * ...............................
Western Region Rate Table
Colorado River Irrigation Project ...............................................................
Duck Valley Irrigation Project ....................................................................
Yuma Project, Indian Unit (See Note #3) ..................................................
Project name
San Carlos Irrigation
Project (Joint Works)
(See Note #4).
Basic per acre up to 5.75 acre-feet
Excess Water per acre-foot over
5.75 acre-feet.
Basic per acre .................................
Basic per acre up to 5.0 acre-feet *
Excess Water per acre-foot over
5.0 acre-feet *.
Basic per acre up to 5.0 acre-feet
(Ranch 5) *.
Rate category
Final 2016 rate
Final 2017 rate
Final 2018 rate **
Basic per acre * .................
$30.00 ...............................
$25.00 ...............................
$27.90.
Final 2017–2018 Construction Water Rate Schedule:
Off Project Construction
Administrative Fee ............
Usage Fee ........................
Excess Water Rate † ........
$300.00 .............................
$250.00 per month ............
$5.00 per 1,000 gal ...........
On Project Construction—
Gravity Water
$300.00 .............................
No Fee ..............................
No Charge .........................
On Project Construction—
Pump Water.
$300.00.
$100.00 per acre foot.
No Charge.
† The excess water rate applies to all water used in excess of 50,000 gallons in any one month.
Final
2016 rate
Project name
Rate category
San Carlos Irrigation Project (Indian Works) (See Note #5) .....................
Uintah Irrigation Project .............................................................................
Basic per acre .................................
Basic per acre .................................
Minimum Bill ....................................
Basic per acre .................................
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Walker River Irrigation Project ...................................................................
$81.00
18.00
25.00
31.00
Final
2017 rate
$81.00
18.00
25.00
31.00
* Notes irrigation projects where rates are adjusted.
** The requirement for a final 2018 Rate is only applicable to the Flathead and San Carlos Irrigation Projects due to their specific billing requirements.
Note #1: Federal Register Notice on April 06, 2017 established the 2017 rate for the Flathead Indian Irrigation Project (82 FR 16849). This
notice makes final the 2018 rate for the FIIP.
Note #2: The O&M rate may vary 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 2017 is $115.00/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 2017 BIA rate is $3.50/acre.
Note #4: The construction water rate schedule identifies the fees assessed for use of irrigation water for non-irrigation purposes. Federal Register Notice on April 06, 2017 established the 2017 rate for the SCIP–JW (82 FR 16849). This notice makes final the 2018 rate for the SCIP–
JW.
Note #5: The 2017 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 $50.00 per acre. The second
component is for the O&M rate established by the San Carlos Irrigation Project—Joint Works and is determined to be $25.00 per acre. The third
component is the O&M rate established by the San Carlos Irrigation Project Joint Control Board and is $6.00 per acre.
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Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices
Consultation and Coordination With
Tribal Governments (Executive Order
13175)
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.
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (Executive Order
13211)
The rate adjustments are not a
significant energy action under the
definition in Executive Order 13211. A
Statement of Energy Effects is not
required.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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
VerDate Sep<11>2014
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Jkt 241001
million per year. They do not have a
significant or unique effect on state,
local, or tribal governments or the
private sector. Therefore, the
Department is not required to prepare a
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.).
Takings (Executive Order 12630)
These rate adjustments do not effect a
taking of private property or otherwise
have ‘‘takings’’ implications under
Executive Order 12630. The rate
adjustments do not deprive the public,
state, or local governments of rights or
property.
Federalism (Executive Order 13132)
Under the criteria in section 1 of
Executive Order 13132, these rate
adjustments do not have sufficient
federalism implications to warrant the
preparation of a federalism summary
impact statement because they will not
affect the States, the relationship
between the national government and
the States, or the distribution of power
and responsibilities among various
levels of government. A federalism
summary impact statement is not
required.
Civil Justice Reform (Executive Order
12988)
This notice complies with the
requirements of Executive Order 12988.
Specifically, in issuing this notice, the
Department has taken the necessary
steps to eliminate drafting errors and
ambiguity, minimize potential litigation,
and provide a clear legal standard for
affected conduct as required by section
3 of Executive Order 12988.
Paperwork Reduction Act of 1995
These rate adjustments do not affect
the collections of information which
have been approved by the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
under the Paperwork Reduction Act of
1995. The OMB Control Number is
1076–0141 and expires June 30, 2019.
National Environmental Policy Act
The Department has determined that
these rate adjustments do not constitute
a major Federal action significantly
affecting the quality of the human
environment and that no detailed
statement is required under the National
Environmental Policy Act of 1969, 42
U.S.C. 4321–4370(d), pursuant to 43
CFR 46.210(i). In addition, the rate
adjustments do not present any of the 12
extraordinary circumstances listed at 43
CFR 46.215.
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37609
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: July 27, 2017.
Michael S. Black,
Acting Assistant Secretary—Indian Affairs.
[FR Doc. 2017–16910 Filed 8–10–17; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[178A2100DD/AAKC001030/
A0A501010.999900 253G]
Land Acquisitions; The Cherokee
Nation
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
The Principal Deputy
Assistant Secretary—Indian Affairs
made a final agency determination to
acquire 45.92 acres, more or less,
located in Cherokee County, Oklahoma
(Cherokee Springs Site) in trust for the
Cherokee Nation for gaming and other
purposes on January 19, 2017.
FOR FURTHER INFORMATION CONTACT: Ms.
Paula L. Hart, Director, Office of Indian
Gaming, Bureau of Indian Affairs, MS–
3657 MIB, 1849 C Street NW.,
Washington, DC 20240, telephone (202)
219–4066.
SUPPLEMENTARY INFORMATION: This
notice is published in the exercise of
authority delegated by the Secretary of
the Interior to the Principal Deputy
Assistant Secretary—Indian Affairs by
209 Departmental Manual 8.1, and is
published to comply with the
requirements of 25 CFR 151.12 (c)(2)(ii)
that notice of the decision to acquire
land in trust be promptly provided in
the Federal Register.
On January 19, 2017, the Principal
Deputy Assistant Secretary—Indian
Affairs issued a decision to accept the
Cherokee Springs Site, consisting of
approximately 45.92 acres, more or less,
of land in trust for the Nation, under the
authority of the Indian Reorganization
Act, 25 U.S.C. 5108. The Principal
Deputy Assistant Secretary—Indian
Affairs determined that the Nation’s
request also meets the requirements of
the Indian Gaming Regulatory Act’s
‘‘Oklahoma exception,’’ 25 U.S.C.
2719(a)(2)(A)(i), to the general
prohibition contained in 25 U.S.C.
2719(a) on gaming on lands acquired in
trust after October 17, 1988.
SUMMARY:
E:\FR\FM\11AUN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Notices]
[Pages 37604-37609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16910]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[178A2100DD/AAKC001030/A0A501010.999900 253G]
Rate Adjustments for Indian Irrigation Projects
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
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,
2017.
FOR FURTHER INFORMATION CONTACT: For details about a particular BIA
irrigation project or facility, please use the tables in the
SUPPLEMENTARY INFORMATION section to find contacts at the regional or
local office at which the project or facility is located.
SUPPLEMENTARY INFORMATION: A Notice of Proposed Rate Adjustment was
published in the Federal Register on April 21, 2017 (82 FR 18770) to
propose adjustments to the irrigation assessment
[[Page 37605]]
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 June 20, 2017.
Did BIA defer or change any proposed rate increases?
Yes. For the Flathead Indian Irrigation Project, the full rate
increase to $33.50 as published in the proposed notice for the 2018
rate will not be implemented. The final 2018 rate will be changed from
$33.50 to $29.00, with the remainder of the full rate increase to be
implemented in 2019. For the Wind River Irrigation Project, the
Crowheart and A Canal Units increase to $15.75 as published in the
proposed notice for the 2017 rate will not be implemented. The final
2017 rate is $15.50. All other rates are to be implemented at the
respective irrigation projects as published.
Did BIA receive any comments on the proposed irrigation assessment rate
adjustments?
Yes. Written comments were received related to the proposed
irrigation rate adjustment for the Flathead (FIIP) and Colorado River
(CRIIP) Indian Irrigation Projects.
What issues were of concern to the commenters?
Commenters raised concerns on the proposed rates about the
following issues:
The Following Comments Are Specific to the Flathead Indian Irrigation
Project
Written comments relating to the proposed rate adjustment were
received by letter. BIA's summary of the issues and BIA's responses are
provided below.
Comment: Several commenters expressed a position that, under the
irrigation districts' repayment contracts, only irrigation districts
have the power to assess themselves.
Response: As noted in the April 21, 2017 Federal Register notice,
BIA is required to establish irrigation assessment rates that recover
the costs to administer, operate, maintain, and rehabilitate our
projects. As owner of the FIIP, it is BIA's responsibility to ensure
adequate resources are made available to meet the requirements noted
above. BIA's authority to assess rates dates back to the Act of May 29,
1908, is codified at 25 U.S.C. 381 et seq., and is addressed in the
BIA's regulations at 25 CFR part 171. Additionally, the repayment
contracts between the irrigation districts and Interior explicitly
state that operation and maintenance expenses ``shall be paid . . . as
provided . . . by rules made or to be made . . . by the Secretary of
the Interior.'' The repayment contracts between the irrigation
districts and Interior capture the irrigators' obligation to pay annual
assessments as well as the irrigation districts' authority to collect
such assessments for payment to the United States. The authority to
assess rates, however, rests solely with Interior and has not been
delegated to the irrigation districts.
Comment: Several commenters requested that the rate increase be
deferred until current litigation is resolved regarding the transfer of
the operation and maintenance of the FIIP.
Response: As current project operator, BIA must plan for the 2018
season and set O&M rates at a level sufficient to cover the costs of
administering, operating, maintaining and rehabilitating the FIIP. It
is imperative that the project operator be able to operate and maintain
the project, ensure adequate staffing levels, purchase supplies and
materials, repair and/or replace existing key infrastructure, implement
an invasive weed control program, maintain operating equipment,
maintain an adequate equipment sinking fund for replacing vital heavy
equipment, and maintain an adequate Emergency Reserve Fund.
Additionally, the project operator will also need to address deferred
maintenance projects on the FIIP.
Comment: One commenter stated that a 29% increase is unwarranted at
this time.
Response: The costs associated with operating and maintaining the
FIIP have historically and consistently exceeded the amount paid
through assessments. Even during the timeframe during which the
Cooperative Management Entity operated the FIIP, the O&M assessment
rate was increased twice, in 2010 and 2011. Since reassumption, the BIA
has made clear the need to increase FIIP assessments rates to address
its operation and maintenance needs and has publicly noticed the need
to raise rates in both 2015 and 2016 (see 80 FR 33279, June 11, 2015,
and 81 FR 51927, August 5, 2016, respectively). The only reason rate
increases were not implemented during these years was because of the
timeframe necessary to communicate an increase to the counties that
collect the O&M funds. Rate increases have been needed for many years,
and FIIP's ability to address its operation and maintenance needs have
been compromised by not increasing rates since 2011.
Moreover, the methodology used by BIA to determine the 2017 O&M
rate was reasonable. Based on a review of historical income receipts
and expenditures, a budget of projected income receipts and
expenditures is developed approximately two years before the O&M
assessments are collected and expenses are incurred. BIA relies on
financial reports generated by the Financial and Business Management
System for reviewing past expenditures and projecting a future budget
and expenditures. Procurement files and records maintained by the FIIP
were also reviewed and considered.
Comment: One commenter stated that no rate increase should be made
at this time because of local agricultural economics.
Response: BIA's projects are important economic contributors to the
local communities they serve, and they contribute millions of dollars
in crop value annually. Unfortunately, the costs associated with
operating and maintaining an irrigation project may increase
independently of prices and costs that are realized by the irrigators.
Historically, BIA tempered irrigation rate increases to demonstrate
sensitivity to the economic impact on water users, but that past
practice resulted in a rate deficiency at some irrigation projects and
BIA does not have discretionary funds to subsidize irrigation projects.
Therefore, funding to operate and maintain these projects needs to come
from revenues from the water users served by those projects.
BIA's irrigation program has been the subject of several Office of
Inspector General (OIG) and U.S. Government Accountability Office (GAO)
audits. In the most recent OIG audit, No. 96-I-641, March 1996, the OIG
concluded:
Operation and maintenance revenues were insufficient to maintain
the projects, and some projects had deteriorated to the extent that
their continued capability to deliver water was in doubt. This
occurred because operation and maintenance rates were not based on
the full cost of delivering irrigation water, including the costs of
systematically rehabilitating and replacing project facilities and
equipment, and because project personnel did not seek regular rate
increases to cover the full cost of project operation.
A previous OIG audit performed on one of the BIA's largest
irrigation projects, the Wapato Indian Irrigation Project, No. 95-I-
1402, September 1995, reached the same conclusion.
To address the issues noted in these audits, BIA must
systematically review and evaluate irrigation assessment rates and
adjust them, when necessary, to reflect the full costs to operate and
perform all appropriate maintenance on the irrigation project or
facility infrastructure to ensure safe and reliable
[[Page 37606]]
operation. If this review and adjustment is not accomplished, a rate
deficiency can accumulate over time. Rate deficiencies force BIA to
raise irrigation assessment rates in larger increments over shorter
periods than would have been otherwise necessary.
Comment: One commenter stated that the proposed rate increase was
not discussed with the Joint Board of Control (JBC) nor the
Confederated Salish and Kootenai Tribes (CSKT).
Response: The status of the FIIP budget and the need to increase
rates were communicated to the JBC as early as 2014 and have been
discussed with both the JBC and CSKT numerous times since then. BIA
publicly noticed its intent to increase assessment rates in both 2015
and 2016 (see 80 FR 33279, June 11, 2015, and 81 FR 51927, August 5,
2016). Regarding the 2018 proposed increase, the Project Manager
provided and discussed the proposed budget information that supports
the rate increase to the JBC in January 2017. This information was also
provided at an April 11, 2017 water user meeting. The CSKT was also
notified of the rate increase.
Comment: One commenter recommended a gradual rate increase over the
next 5 to 7 years.
Response: BIA has projected this proposed rate increase for several
years, and anticipated increasing the assessment rates in both 2015 and
2016. The FIIP O&M budget was prepared in accordance with BIA financial
guidelines. BIA considers the following items when determining an
irrigation's project's budget: Project personnel costs; materials and
supplies; vehicle and equipment repairs; equipment; capitalization
expenses; acquisition expenses; rehabilitation costs; maintenance of a
reserve fund for contingencies or emergencies; and other expenses that
are determined to be necessary to operate and maintain an irrigation
project.
Based on increased costs associated with administering, operating,
maintaining and rehabilitating the FIIP, the need for the proposed rate
increase is clear and the $7.50 increase is justified. However, given
the timing of the Federal Register notice, BIA has decided to impose
only a $3.00 increase in 2018 and postpone the remainder of the
increase until 2019.
The Following Comment Is Specific to the Colorado River Indian
Irrigation Project
Comment: One commenter suggested that the rate for the Colorado
River Indian Tribes should be increased by 11%. Included were several
reports related to previous and recent information collected regarding
the Colorado River Indian Irrigation Project (CRIIP).
Response: The recent information collected concerning the CRIIP is
being evaluated to determine how this might impact the future operation
and maintenance activities of the project. However, in order to
implement an increase it would be necessary to propose the change and
again solicit comments. For the purpose of this notice, the proposed
rate as published in the Federal Register at 82 FR 18770 (April 21,
2017) will remain unchanged.
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 (Secretary) by 5 U.S.C. 301 and the Act of August 14, 1914
(38 Stat. 583; 25 U.S.C. 385). The Secretary has in turn delegated this
authority to the Assistant Secretary--Indian Affairs under Part 209,
Chapter 8.1A, of the Department of the Interior's Departmental Manual.
Whom can I contact for further information?
The following tables are the regional and project/agency contacts
for our irrigation facilities.
------------------------------------------------------------------------
Project name Project/agency contacts
------------------------------------------------------------------------
Northwest Region Contacts
------------------------------------------------------------------------
Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest
Regional Office, 911 N.E. 11th Avenue, Portland, OR 97232-
4169,Telephone: (503) 231-6702.
------------------------------------------------------------------------
Flathead Indian Irrigation Project Pete Plant, Acting Superintendent,
Pete Plant, Irrigation Project
Manager, P.O. Box 40, Pablo, MT
59855, Telephones: (406) 675-2700
ext. 1300 Superintendent, (406) 745-
2661 ext. 2 Project Manager.
Fort Hall Irrigation Project...... David Bollinger, Irrigation Project
Manager, Building #2 Bannock Ave.,
Fort Hall, ID 83203-0220,
Telephone: (208) 238-6264.
Wapato Irrigation Project......... David Shaw, Superintendent, Larry
Nelson, Acting Project
Administrator, P.O. Box 220,
Wapato, WA 98951-0220, Telephones:
(509) 865-2421 Superintendent,
(509) 877-3155 Acting Project
Administrator.
------------------------------------------------------------------------
Rocky Mountain Region Contacts
------------------------------------------------------------------------
Darryl LaCounte, Regional Director, Bureau of Indian Affairs, Rocky
Mountain Regional Office, 2021 4th Avenue North, 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, John
Anevski, Acting Irrigation Project
Manager, P.O. Box 69, Crow Agency,
MT 59022, Telephones: (406) 638-
2672, Superintendent, (406) 247-
7998, Acting Irrigation Project
Manager.
Fort Belknap Irrigation Project... John St. Pierre, Superintendent,
John Anevski, Acting Irrigation
Project Manager (BIA), (Project
operation & maintenance contracted
to Tribes), R.R.1, Box 980, Harlem,
MT 59526, Telephones: (406) 353-
2901, Superintendent, (406) 353-
8454, Irrigation Project Manager
(Tribal Office).
Fort Peck Irrigation Project...... Howard Beemer, Superintendent, Huber
Wright, Acting Irrigation Project
Manager, P.O. Box 637, Poplar, MT
59255, Telephones: (406) 768-5312,
Superintendent, (406) 653-1752,
Irrigation Project Manager.
[[Page 37607]]
Wind River Irrigation Project..... Norma Gourneau, Superintendent, John
Anevski, Acting Irrigation Project
Manager, P.O. Box 158, Fort
Washakie, WY 82514, Telephones:
(307) 332-7810, Superintendent,
(406) 247-7998, 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.
Duck Valley Irrigation Project.... Joseph McDade, Superintendent,
(Project operation & management
compacted to Tribes), 2719 Argent
Ave., Suite 4, Gateway Plaza, Elko,
NV 89801, Telephone: (775) 738-
5165, (208) 759-3100, (Tribal
Office).
Yuma Project, Indian Unit......... Denni Shields, Superintendent, 256
South Second Avenue, Suite D, Yuma,
AZ 85364, Telephone: (928) 782-
1202.
San Carlos Irrigation Project Ferris Begay, Project Manager,
Indian Works and Joint Works. Clarence Begay, Irrigation Manager,
13805 N. Arizona Boulevard,
Coolidge, AZ 85128, Telephone:
(520) 723-6225.
Uintah Irrigation Project......... Antonio Pingree, Acting
Superintendent, Ken Asay,
Irrigation System Manager, P.O. Box
130, Fort Duchesne, UT 84026,
Telephone: (435) 722-4300, (435)
722-4344.
Walker River Irrigation Project... Robert Eben, Superintendent, 311 E.
Washington Street, Carson City, NV
89701, Telephone: (775) 887-3500
------------------------------------------------------------------------
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 2017 calendar year and subsequent years where applicable.
An asterisk immediately following the rate category notes the
irrigation projects where 2017 rates are different from the 2016 rates.
----------------------------------------------------------------------------------------------------------------
Final 2016 Final 2017 Final 2018
Project name Rate category rate rate rate **
----------------------------------------------------------------------------------------------------------------
Northwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Flathead Indian Irrigation Project Basic-per acre--A....... $26.00 $26.00 $29.00
(See Note #1). Basic-per acre--B....... 13.00 13.00 14.50
Minimum Charge per tract 75.00 75.00 75.00
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Final 2016 Final 2017
Project name Rate category rate rate
----------------------------------------------------------------------------------------------------------------
Fort Hall Irrigation Project.................. Basic per acre *................ $52.00 $54.00
Minimum Charge per tract *...... 37.00 38.50
Fort Hall Irrigation Project--Minor Units..... Basic per acre *................ 31.00 32.50
Minimum Charge per tract *...... 37.00 38.50
Fort Hall Irrigation Project--Michaud......... Basic per acre *................ 55.00 57.50
Pressure per acre *............. 83.00 88.50
Minimum Charge per tract *...... 37.00 38.50
Wapato Irrigation Project--Toppenish/Simcoe Minimum Charge per bill......... 25.00 25.00
Units.
Basic per acre.................. 25.00 25.00
Wapato Irrigation Project--Ahtanum Units...... Minimum Charge per bill......... 30.00 30.00
Basic per acre.................. 30.00 30.00
Wapato Irrigation Project--Satus Unit......... Minimum Charge per bill......... 79.00 79.00
``A'' Basic per acre............ 79.00 79.00
``B'' Basic per acre............ 85.00 85.00
Wapato Irrigation Project--Additional Works... Minimum Charge per bill *....... 78.00 80.00
Basic per acre *................ 78.00 80.00
Wapato Irrigation Project--Water Rental....... Minimum Charge.................. 86.00 86.00
Basic per acre.................. 86.00 86.00
----------------------------------------------------------------------------------------------------------------
Rocky Mountain Region Rate Table
----------------------------------------------------------------------------------------------------------------
Blackfeet Irrigation Project.................. Basic-per acre.................. 20.00 20.00
[[Page 37608]]
Crow Irrigation Project--Willow Creek O&M Basic-per acre *................ 26.00 28.00
(includes Agency, Lodge Grass #1, Lodge Grass
#2, Reno, Upper Little Horn, and Forty Mile
Units).
Crow Irrigation Project--All Others (includes Basic-per acre *................ 26.00 28.00
Bighorn, Soap Creek, and Pryor Units).
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
Fort Belknap Irrigation Project............... Basic-per acre.................. 16.00 16.00
Fort Peck Irrigation Project.................. Basic-per acre.................. 26.00 26.50
Wind River Irrigation Project--Units 2, 3 and Basic-per acre *................ 22.50 23.50
4.
Wind River Irrigation Project--Unit 6......... Basic-per acre.................. 21.00 21.00
Wind River Irrigation Project--LeClair Basic-per acre.................. 47.00 47.00
District.
(see Note #2).................................
Wind River Irrigation Project--Crow Heart Unit Basic-per acre.................. 15.50 15.50
Wind River Irrigation Project--A Canal Unit... Basic-per acre.................. 15.50 15.50
Wind River Irrigation Project--Riverton Valley Basic-per acre *................ 26.00 30.65
Irrigation District.
----------------------------------------------------------------------------------------------------------------
Southwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Pine River Irrigation Project................. Minimum Charge per tract........ 50.00 50.00
Basic-per acre *................ 18.00 19.00
----------------------------------------------------------------------------------------------------------------
Western Region Rate Table
----------------------------------------------------------------------------------------------------------------
Colorado River Irrigation Project............. Basic per acre up to 5.75 acre- 54.00 54.00
feet.
Excess Water per acre-foot over 17.00 17.00
5.75 acre-feet.
Duck Valley Irrigation Project................ Basic per acre.................. 5.30 5.30
Yuma Project, Indian Unit (See Note #3)....... Basic per acre up to 5.0 acre- 113.00 118.50
feet *.
Excess Water per acre-foot over 24.50 27.50
5.0 acre-feet *.
Basic per acre up to 5.0 acre- 113.00 118.50
feet (Ranch 5) *.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Project name Rate category Final 2016 rate Final 2017 rate Final 2018 rate **
----------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project Basic per acre *.. $30.00............ $25.00............ $27.90.
(Joint Works) (See Note #4).
-------------------------------------------------------------------------------
Final 2017-2018 Construction Water Rate Schedule:
-------------------------------------------------------------------------------
Off Project On Project On Project
Construction Construction--Gra Construction--Pum
vity Water p Water.
Administrative Fee $300.00........... $300.00........... $300.00.
Usage Fee......... $250.00 per month. No Fee............ $100.00 per acre
foot.
Excess Water Rate $5.00 per 1,000 No Charge......... No Charge.
[dagger]. gal.
----------------------------------------------------------------------------------------------------------------
[dagger] The excess water rate applies to all water used in excess of 50,000 gallons in any one month.
----------------------------------------------------------------------------------------------------------------
Final 2016 Final 2017
Project name Rate category rate rate
----------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project (Indian Works) Basic per acre.................. $81.00 $81.00
(See Note #5).
Uintah Irrigation Project..................... Basic per acre.................. 18.00 18.00
Minimum Bill.................... 25.00 25.00
Walker River Irrigation Project............... Basic per acre.................. 31.00 31.00
----------------------------------------------------------------------------------------------------------------
* Notes irrigation projects where rates are adjusted.
** The requirement for a final 2018 Rate is only applicable to the Flathead and San Carlos Irrigation Projects
due to their specific billing requirements.
Note #1: Federal Register Notice on April 06, 2017 established the 2017 rate for the Flathead Indian Irrigation
Project (82 FR 16849). This notice makes final the 2018 rate for the FIIP.
Note #2: The O&M rate may vary 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 2017
is $115.00/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 2017 BIA rate is $3.50/acre.
Note #4: The construction water rate schedule identifies the fees assessed for use of irrigation water for non-
irrigation purposes. Federal Register Notice on April 06, 2017 established the 2017 rate for the SCIP-JW (82
FR 16849). This notice makes final the 2018 rate for the SCIP-JW.
Note #5: The 2017 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 $50.00 per acre. The second component is for the O&M rate established by
the San Carlos Irrigation Project--Joint Works and is determined to be $25.00 per acre. The third component is
the O&M rate established by the San Carlos Irrigation Project Joint Control Board and is $6.00 per acre.
[[Page 37609]]
Consultation and Coordination With Tribal Governments (Executive Order
13175)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. We have evaluated this
notice under the Department's consultation policy and under the
criteria of Executive Order 13175 and have determined there to be
substantial direct effects on federally recognized Tribes because the
irrigation projects are located on or associated with Indian
reservations. To fulfill its consultation responsibility to Tribes and
Tribal organizations, BIA communicates, coordinates, and consults on a
continuing basis with these entities on issues of water delivery, water
availability, and costs of administration, operation, maintenance, and
rehabilitation of projects that concern them. This is accomplished at
the individual irrigation project by project, agency, and regional
representatives, as appropriate, in accordance with local protocol and
procedures. This notice is one component of our overall coordination
and consultation process to provide notice to, and request comments
from, these entities when we adjust irrigation assessment rates.
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (Executive Order 13211)
The rate adjustments are not a significant energy action under the
definition in Executive Order 13211. A Statement of Energy Effects is
not required.
Regulatory Planning and Review (Executive Order 12866)
These rate adjustments are not a significant regulatory action and
do not need to be reviewed by the Office of Management and Budget under
Executive Order 12866.
Regulatory Flexibility Act
These rate adjustments are not a rule for the purposes of the
Regulatory Flexibility Act because they establish ``a rule of
particular applicability relating to rates.'' 5 U.S.C. 601(2).
Unfunded Mandates Reform Act of 1995
These rate adjustments do not impose an unfunded mandate on state,
local, or tribal governments in the aggregate, or on the private
sector, of more than $130 million per year. They do not have a
significant or unique effect on state, local, or tribal governments or
the private sector. Therefore, the Department is not required to
prepare a statement containing the information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et seq.).
Takings (Executive Order 12630)
These rate adjustments do not effect a taking of private property
or otherwise have ``takings'' implications under Executive Order 12630.
The rate adjustments do not deprive the public, state, or local
governments of rights or property.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, these
rate adjustments do not have sufficient federalism implications to
warrant the preparation of a federalism summary impact statement
because they will not affect the States, the relationship between the
national government and the States, or the distribution of power and
responsibilities among various levels of government. A federalism
summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
This notice complies with the requirements of Executive Order
12988. Specifically, in issuing this notice, the Department has taken
the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct as required by section 3 of Executive Order 12988.
Paperwork Reduction Act of 1995
These rate adjustments do not affect the collections of information
which have been approved by the Office of Information and Regulatory
Affairs, Office of Management and Budget, under the Paperwork Reduction
Act of 1995. The OMB Control Number is 1076-0141 and expires June 30,
2019.
National Environmental Policy Act
The Department has determined that these rate adjustments do not
constitute a major Federal action significantly affecting the quality
of the human environment and that no detailed statement is required
under the National Environmental Policy Act of 1969, 42 U.S.C. 4321-
4370(d), pursuant to 43 CFR 46.210(i). In addition, the rate
adjustments do not present any of the 12 extraordinary circumstances
listed at 43 CFR 46.215.
Data Quality Act
In developing this notice, we did not conduct or use a study,
experiment, or survey requiring peer review under the Data Quality Act
(Pub. L. 106-554).
Dated: July 27, 2017.
Michael S. Black,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 2017-16910 Filed 8-10-17; 8:45 am]
BILLING CODE 4337-15-P
