Rate Adjustments for Indian Irrigation Projects, 2662-2667 [2018-00794]

Download as PDF 2662 Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices order specified herein, and no official shall serve unless all the other officials, whose position titles precede his/hers in this order, are unable to act by reason of absence, disability, or vacancy in office. information for individuals who can give further information about the irrigation projects covered by this notice. The second table provides the proposed rates for calendar year (CY) 2018 and CY 2019. Section B. Authority Superseded This Order of Succession supersedes the prior Orders of Succession for the President of Ginnie Mae. What is the meaning of the key terms used in this notice? Authority: Section 7(d), Department of Housing and Urban Development Act (42 U.S.C. 3535(d)). Section 3.05, Bylaws of the Government National Mortgage Association, as published in the Bylaws published at www.ginniemae.gov. Dated: December 19, 2017. Benjamin S. Carson, Sr., Secretary. [FR Doc. 2018–00796 Filed 1–17–18; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [189A2100DD/AAKC001030/ A0A501010.999900] 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 request your comments on the proposed rate adjustments. DATES: Interested parties may submit comments on the proposed rate adjustments on or before March 19, 2018. ADDRESSES: All comments on the proposed rate adjustments must be in writing and addressed to: Ms. 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 sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:27 Jan 17, 2018 Jkt 244001 In this notice: Administrative costs mean all costs we incur to administer our irrigation projects at the local project level and are 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 mean 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 mean 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 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 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 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 mean 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 http:// www.gpo.gov. Why are you publishing this notice? We are publishing this notice to inform you that we propose to adjust E:\FR\FM\18JAN1.SGM 18JAN1 Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices 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 CY 2018 and CY 2019. 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. sradovich on DSK3GMQ082PROD with NOTICES 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) Personnel 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) Contingencies for unknown costs and omitted budget items; and VerDate Sep<11>2014 18:27 Jan 17, 2018 Jkt 244001 (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 five 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. PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 2663 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 § 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 five 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 six 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. E:\FR\FM\18JAN1.SGM 18JAN1 2664 Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices 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 ................................... Fort Hall, Irrigation Project .................................. Wapato, Irrigation Project .................................... Peter Plant, Acting Superintendent, Peter Plant, Irrigation Project Manager, P.O. Box 40, Pablo, MT 59855, Telephones: (406) 675–0207 ext. 1 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, 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, Vacant, Irrigation Project Manager (Project operations & maintenance contracted to Tribes), R.R. 1, Box 980, Harlem, MT 59526, Telephones: (406) 353–2901, Superintendent, (406) 353–8466, 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, 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 ...................................... sradovich on DSK3GMQ082PROD with NOTICES Walker River, Irrigation Project ........................... What irrigation assessments or charges are proposed for adjustment by this notice? The rate table below contains the current rates for all irrigation projects VerDate Sep<11>2014 18:27 Jan 17, 2018 Jkt 244001 Kellie Youngbear, Superintendent, Gary Colvin, Irrigation Project Manager, 12124 1st Avenue, Parker, AZ 85344, Telephone: (928) 669–7111. Joseph McDade, Superintendent (Project operations & management compacted to Tribes), 2719 Argent Avenue, 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. where we recover costs of administering, operating, maintaining, and rehabilitating them. The table also contains the proposed rates for the CY 2018 and CY 2019. An asterisk PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 immediately following the rate category notes the irrigation projects where rates are proposed for adjustment. E:\FR\FM\18JAN1.SGM 18JAN1 2665 Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices Project name Final 2017 rate Rate category Final 2018 rate Proposed 2019 rate Northwest Region Rate Table Flathead Irrigation Project (See Note #1) ....... Basic per acre—A * ........................................ Basic per acre—B * ........................................ Minimum Charge per tract ............................. 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 ................................ $54.00 38.50 32.50 38.50 57.50 88.50 38.50 25.00 $56.00 39.00 35.00 39.00 59.50 92.50 39.00 25.00 $58.00 40.00 36.50 40.00 62.00 98.00 40.00 25.00 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 ................................................ 25.00 30.00 30.00 79.00 79.00 85.00 80.00 80.00 86.00 86.00 25.00 30.00 30.00 79.00 79.00 85.00 80.00 80.00 86.00 86.00 25.00 30.00 30.00 79.00 79.00 85.00 80.00 80.00 86.00 86.00 Basic-per acre ................................................ Basic-per acre ................................................ 20.00 28.00 20.00 28.00 20.00 28.00 Basic-per acre ................................................ 28.00 28.00 28.00 Basic-per Basic-per Basic-per Basic-per Basic-per acre ................................................ acre ................................................ acre ................................................ acre * .............................................. acre * .............................................. 14.00 2.00 16.00 26.50 23.50 14.00 2.00 16.00 26.50 24.00 14.00 2.00 16.00 27.00 25.00 Basic-per acre * .............................................. Basic-per acre ................................................ 21.00 47.00 22.00 47.00 22.00 47.00 Basic-per acre * .............................................. 15.50 16.50 16.50 Basic-per acre * .............................................. Basic-per acre ................................................ 15.50 30.65 16.50 30.65 16.50 30.65 50.00 19.00 50.00 20.00 50.00 21.00 up to 5.75 acre-feet ............... per acre-foot over 5.75 acre- 54.00 17.00 54.00 17.00 54.00 17.00 ................................................ up to 5.0 acre-feet ................. per acre-foot over 5.0 acre- 5.30 118.50 27.50 5.30 (∂) ( ∂) (∂) (∂) (∂) up to 5.0 acre-feet (Ranch 5) 118.50 (∂) (∂) Fort Hall Irrigation Project—Minor Units ......... Fort Hall Irrigation Project—Michaud .............. Wapato Irrigation Project—Toppenish/Simcoe Units. Wapato Irrigation Project—Ahtanum Units ..... Wapato Irrigation Project—Satus Unit ............ Wapato Irrigation Project—Additional Works Wapato Irrigation Project—Water Rental ....... $26.00 13.00 75.00 Final 2017 rate $29.00 14.50 75.00 Proposed 2018 rate $33.50 16.75 75.00 Proposed 2019 rate Rocky Mountain Region Rate Table Blackfeet Irrigation Project .............................. Crow Irrigation Project—Willow Creek O&M (includes Agency, Lodge Grass #1, Lodge Grass #2, Reno, Upper Little Horn, and Forty Mile Units). Crow Irrigation Project—All Others (includes Bighorn, Soap Creek, and Pryor Units). Crow Irrigation 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. Southwest Region Rate Table Pine River Irrigation Project ............................ Minimum Charge per tract ............................. Basic-per acre * .............................................. Western Region Rate Table sradovich on DSK3GMQ082PROD with NOTICES Colorado River Irrigation Project .................... Duck Valley Irrigation Project (See Note #3) Yuma Project, Indian Unit (See Note #4) ....... VerDate Sep<11>2014 18:27 Jan 17, 2018 Jkt 244001 Basic per acre Excess Water feet. Basic per acre Basic per acre Excess Water feet. Basic per acre PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\18JAN1.SGM 18JAN1 2666 Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices Project name Rate category Final 2017 rate Final 2018 rate Proposed 2019 rate San Carlos Irrigation Project (Joint Works) (See Note #5). Basic per acre * .............................................. $25.00 ............ $27.90 ............ $31.25 Off project construction On project construction— gravity water On project construction— pump water $300.00 .......... $250.00 per month. $5.00 per 1,000 gal. $300.00 .......... No Fee ........... $300.00. $100.00 per acre foot. No Charge. Proposed 2018–2019 Construction Water Rate Schedule: Administrative Fee ......................................... Usage Fee ...................................................... Excess Water Rate † ...................................... No Charge ..... † The excess water rate applies to all water used in excess of 50,000 gallons in any one month. Final 2017 rate Proposed 2018 rate Proposed 2019 rate Project name Rate category San Carlos Irrigation Project (Indian Works) (See Note #6). Uintah Irrigation Project .................................. Basic per acre * .............................................. $81.00 $87.60 $95.40 Basic per acre * .............................................. Minimum Bill ................................................... Basic per acre ................................................ 18.00 25.00 31.00 20.00 25.00 31.00 21.00 25.00 31.00 Walker River Irrigation Project ........................ ∂ These sradovich on DSK3GMQ082PROD with NOTICES rates have not yet been determined; BIA will publish a separate notice for these rates at a later date. * Notes irrigation projects where rates are proposed for adjustment. Note #1 Federal Register Notice 82 FR 37604, published August 11, 2017, established the final 2018 rate for the Flathead Irrigation Project. Note #2 The O&M rate varies yearly based upon the budget submitted by the LeClair District. Note #3 The annual O&M rate is established by the Shoshone-Paiute Tribes who perform O&M under a self-governance compact. Note #4 The O&M rate for the Yuma Project, Indian Unit has two components. The first component of the O&M rate is established by the Bureau of Reclamation (BOR), the owner and operator of the Project. BOR’s rate, which is based upon the annual budget submitted by BOR, has not been established for 2018 or 2019. The second component of the O&M rate is established by BIA to cover administrative costs, which includes billing and collections for the Project. The proposed 2018 and 2019 BIA rate component is $3.50/acre. Note #5 The construction water rate schedule proposes the fees assessed for use of irrigation water for non-irrigation purposes. Federal Register Notice 82 FR 37604, published August 11, 2017, established the final 2018 rate for the SCIP–JW. Note #6 The proposed 2018 and 2019 O&M rates for the San Carlos Irrigation Project—Indian Works has three components. The first component is the O&M rate established by the San Carlos Irrigation Project—Indian Works, the owner and operator of the Project; this rate is proposed to be $50.00 per acre each year. The second component is for the O&M rate established by the San Carlos Irrigation Project—Joint Works and is determined to be $27.90 per acre for 2018 and $31.25 per acre for 2019. The third component is the O&M rate established by the San Carlos Irrigation Project Joint Control Board and is proposed to be $9.70 per acre for 2018 and $14.15 per acre for 2019. Consultation and Coordination With Tribal Governments (Executive Order 13175) The Department of the Interior strives to strengthen its government-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 VerDate Sep<11>2014 18:27 Jan 17, 2018 Jkt 244001 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. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 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 $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 proposed rate adjustments do not effect a taking of private property or otherwise have ‘‘takings’’ implications E:\FR\FM\18JAN1.SGM 18JAN1 Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices under Executive Order 12630. The proposed rate adjustments do not deprive the public, State, or local governments of rights or property. DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs National Park Service Federalism (Executive Order 13132) [189A2100DD/AAKC001030/ A0A501010.999900 253G] 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. [NPS–WASO–NRNHL–24812; PPWOCRADI0, PCU00RP14.R50000] Indian Gaming; Approval of an Amendment to a Tribal-State Class III Gaming Compact in the State of Nevada AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. The Washoe Tribe of Nevada and California negotiated the First Amended Compact between the Washoe Tribe of Nevada and California and the State of Nevada governing Class III gaming; this notice announces approval of the amended Compact. SUMMARY: This compact takes effect on January 18, 2018. DATES: Ms. Paula L. Hart, Director, Office of Indian Gaming, Office of the Assistant Secretary—Indian Affairs, Washington, DC 20240, (202) 219–4066. FOR FURTHER INFORMATION CONTACT: 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)), pursuant to 43 CFR 46.210(i). In addition, the proposed rate adjustments do not present any of the 12 extraordinary circumstances listed at 43 CFR 46.215. Section 11 of the Indian Gaming Regulatory Act (IGRA) requires the Secretary of the Interior to publish in the Federal Register notice of approved Tribal-State compacts that are for the purpose of engaging in Class III gaming activities on Indian lands. See Public Law 100– 497, 25 U.S.C. 2701 et seq. All TribalState Class III compacts, including amendments, are subject to review and approval by the Secretary under 25 CFR 293.4. The First Amended Compact between the Washoe Tribe of Nevada and California and the State of Nevada replaces the previous compact. The First Amended Compact allows the Tribe to operate all forms of Class III gaming within its Indian Lands that may be lawfully operated in the State. The First Amended Compact between the Washoe Tribe of Nevada and California and the State of Nevada is approved. See 25 U.S.C. 2710(d)(8)(A). Dated: December 6, 2018. John Tahsuda, Principal Deputy Assistant Secretary—Indian Affairs, Exercising the Authority of the Assistant Secretary—Indian Affairs. Dated: December 27, 2017. John Tahsuda, Principal Deputy Assistant Secretary—Indian Affairs, Exercising the Authority of the Assistant Secretary—Indian Affairs. [FR Doc. 2018–00794 Filed 1–17–18; 8:45 am] [FR Doc. 2018–00793 Filed 1–17–18; 8:45 am] BILLING CODE 4337–15–P BILLING CODE 4337–15–P SUPPLEMENTARY INFORMATION: 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 (OMB), under the Paperwork Reduction Act of 1995. The OMB Control Number is 1076–0141 and expires June 30, 2019. National Environmental Policy Act sradovich on DSK3GMQ082PROD with NOTICES 2667 VerDate Sep<11>2014 18:27 Jan 17, 2018 Jkt 244001 PO 00000 Frm 00053 Fmt 4703 National Register of Historic Places; Notification of Pending Nominations and Related Actions National Park Service, Interior. Notice. AGENCY: ACTION: The National Park Service is soliciting comments on the significance of properties nominated before December 16, 2017, for listing or related actions in the National Register of Historic Places. DATES: Comments should be submitted by February 2, 2018. ADDRESSES: Comments may be sent via U.S. Postal Service and all other carriers to the National Register of Historic Places, National Park Service, 1849 C St. NW, MS 7228, Washington, DC 20240. SUPPLEMENTARY INFORMATION: The properties listed in this notice are being considered for listing or related actions in the National Register of Historic Places. Nominations for their consideration were received by the National Park Service before December 16, 2017. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Nominations submitted by State Historic Preservation Officers: SUMMARY: ARKANSAS Benton County Gentry Grand Army of the Republic Monument, NE Sec. of Gentry Cemetery, Pioneer Ln., Gentry, MP100001990 Highfill School (No. 71), 11978 Highfill Ave., Highfill, SG100001991 Faulkner County College Avenue Historic District, S side 1600, 1700, 1800, 1900 & N side 1800 blks. College Ave., Conway, SG100001993 Fulton County Green Valley Homestead, 2605 Sturkie Rd., Salem vicinity, SG100001994 Sfmt 4703 E:\FR\FM\18JAN1.SGM 18JAN1

Agencies

[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Pages 2662-2667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00794]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[189A2100DD/AAKC001030/A0A501010.999900]


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 request your 
comments on the proposed rate adjustments.

DATES: Interested parties may submit comments on the proposed rate 
adjustments on or before March 19, 2018.

ADDRESSES: All comments on the proposed rate adjustments must be in 
writing and addressed to: Ms. 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 proposed rates for calendar year (CY) 2018 and CY 2019.

What is the meaning of the key terms used in this notice?

    In this notice:
    Administrative costs mean all costs we incur to administer our 
irrigation projects at the local project level and are 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 mean 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 mean 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 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 mean 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 http://www.gpo.gov.

Why are you publishing this notice?

    We are publishing this notice to inform you that we propose to 
adjust

[[Page 2663]]

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 CY 2018 and CY 
2019.

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) Personnel 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) 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 
five 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.

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 five 
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 six 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.

[[Page 2664]]



------------------------------------------------------------------------
           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.......  Peter Plant, Acting Superintendent,
                                     Peter Plant, Irrigation Project
                                     Manager, P.O. Box 40, Pablo, MT
                                     59855, Telephones: (406) 675-0207
                                     ext. 1 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, 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,
                                     Vacant, Irrigation Project Manager
                                     (Project operations & maintenance
                                     contracted to Tribes), R.R. 1, Box
                                     980, Harlem, MT 59526, Telephones:
                                     (406) 353-2901, Superintendent,
                                     (406) 353-8466, 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, 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 operations & management
                                     compacted to Tribes), 2719 Argent
                                     Avenue, 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 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 2018 and CY 2019. An asterisk immediately 
following the rate category notes the irrigation projects where rates 
are proposed for adjustment.

[[Page 2665]]



----------------------------------------------------------------------------------------------------------------
                                                                    Final 2017      Final 2018     Proposed 2019
             Project name                     Rate category            rate            rate            rate
----------------------------------------------------------------------------------------------------------------
                                           Northwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Flathead Irrigation Project (See Note   Basic per acre--A *.....          $26.00          $29.00          $33.50
 #1).
                                        Basic per acre--B *.....           13.00           14.50           16.75
                                        Minimum Charge per tract           75.00           75.00           75.00
----------------------------------------------------------------------------------------------------------------


 
                                                                    Final 2017     Proposed 2018   Proposed 2019
             Project name                     Rate category            rate            rate            rate
----------------------------------------------------------------------------------------------------------------
Fort Hall Irrigation Project..........  Basic per acre *........          $54.00          $56.00          $58.00
                                        Minimum Charge per tract           38.50           39.00           40.00
                                         *.
Fort Hall Irrigation Project--Minor     Basic per acre *........           32.50           35.00           36.50
 Units.
                                        Minimum Charge per tract           38.50           39.00           40.00
                                         *.
Fort Hall Irrigation Project--Michaud.  Basic per acre *........           57.50           59.50           62.00
                                        Pressure per acre *.....           88.50           92.50           98.00
                                        Minimum Charge per tract           38.50           39.00           40.00
                                         *.
Wapato Irrigation Project--Toppenish/   Minimum Charge per bill.           25.00           25.00           25.00
 Simcoe Units.
                                        Basic per acre..........           25.00           25.00           25.00
Wapato Irrigation Project--Ahtanum      Minimum Charge per bill.           30.00           30.00           30.00
 Units.
                                        Basic per acre..........           30.00           30.00           30.00
Wapato Irrigation Project--Satus Unit.  Minimum Charge per bill.           79.00           79.00           79.00
                                        ``A'' Basic per acre....           79.00           79.00           79.00
                                        ``B'' Basic per acre....           85.00           85.00           85.00
Wapato Irrigation Project--Additional   Minimum Charge per bill.           80.00           80.00           80.00
 Works.
                                        Basic per acre..........           80.00           80.00           80.00
Wapato Irrigation Project--Water        Minimum Charge..........           86.00           86.00           86.00
 Rental.
                                        Basic per acre..........           86.00           86.00           86.00
----------------------------------------------------------------------------------------------------------------
                                        Rocky Mountain Region Rate Table
----------------------------------------------------------------------------------------------------------------
Blackfeet Irrigation Project..........  Basic-per acre..........           20.00           20.00           20.00
Crow Irrigation Project--Willow Creek   Basic-per acre..........           28.00           28.00           28.00
 O&M (includes Agency, Lodge Grass #1,
 Lodge Grass #2, Reno, Upper Little
 Horn, and Forty Mile Units).
Crow Irrigation Project--All Others     Basic-per acre..........           28.00           28.00           28.00
 (includes Bighorn, Soap Creek, and
 Pryor Units).
Crow Irrigation Project--Two Leggins    Basic-per acre..........           14.00           14.00           14.00
 Unit.
Crow Irrigation Two Leggins Drainage    Basic-per acre..........            2.00            2.00            2.00
 District.
Fort Belknap Irrigation Project.......  Basic-per acre..........           16.00           16.00           16.00
Fort Peck Irrigation Project..........  Basic-per acre *........           26.50           26.50           27.00
Wind River Irrigation Project--Units    Basic-per acre *........           23.50           24.00           25.00
 2, 3 and 4.
Wind River Irrigation Project--Unit 6.  Basic-per acre *........           21.00           22.00           22.00
Wind River Irrigation Project--LeClair  Basic-per acre..........           47.00           47.00           47.00
 District (See Note #2).
Wind River Irrigation Project--Crow     Basic-per acre *........           15.50           16.50           16.50
 Heart Unit.
Wind River Irrigation Project--A Canal  Basic-per acre *........           15.50           16.50           16.50
 Unit.
Wind River Irrigation Project--         Basic-per acre..........           30.65           30.65           30.65
 Riverton Valley Irrigation District.
----------------------------------------------------------------------------------------------------------------
                                           Southwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Pine River Irrigation Project.........  Minimum Charge per tract           50.00           50.00           50.00
                                        Basic-per acre *........           19.00           20.00           21.00
----------------------------------------------------------------------------------------------------------------
                                            Western Region Rate Table
----------------------------------------------------------------------------------------------------------------
Colorado River Irrigation Project.....  Basic per acre up to               54.00           54.00           54.00
                                         5.75 acre-feet.
                                        Excess Water per acre-             17.00           17.00           17.00
                                         foot over 5.75 acre-
                                         feet.
Duck Valley Irrigation Project (See     Basic per acre..........            5.30            5.30             (+)
 Note #3).
Yuma Project, Indian Unit (See Note     Basic per acre up to 5.0          118.50             (+)             (+)
 #4).                                    acre-feet.
                                        Excess Water per acre-             27.50             (+)             (+)
                                         foot over 5.0 acre-feet.
                                        Basic per acre up to 5.0          118.50             (+)             (+)
                                         acre-feet (Ranch 5).
----------------------------------------------------------------------------------------------------------------


[[Page 2666]]


----------------------------------------------------------------------------------------------------------------
         Project name             Rate category      Final 2017 rate      Final 2018 rate     Proposed 2019 rate
----------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project   Basic per acre *.  $25.00.............  $27.90.............  $31.25
 (Joint Works) (See Note #5).
                               ---------------------------------------------------------------------------------
                                Proposed 2018-2019 Construction Water Rate Schedule:
                               ---------------------------------------------------------------------------------
                                                       Off project           On project           On project
                                                   construction.......  construction--.....  construction--
                                                                        gravity water......  pump water
                               ---------------------------------------------------------------------------------
                                Administrative     $300.00............  $300.00............  $300.00.
                                 Fee.
                                Usage Fee........  $250.00 per month..  No Fee.............  $100.00 per acre
                                                                                              foot.
                                Excess Water Rate  $5.00 per 1,000 gal  No Charge..........  No Charge.
                                 [dagger].
                               ---------------------------------------------------------------------------------
                                  [dagger] The excess water rate applies to all water used in excess of 50,000
                                                            gallons in any one month.
----------------------------------------------------------------------------------------------------------------


 
                                                                    Final 2017     Proposed 2018   Proposed 2019
             Project name                     Rate category            rate            rate            rate
----------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project (Indian   Basic per acre *........          $81.00          $87.60          $95.40
 Works) (See Note #6).
Uintah Irrigation Project.............  Basic per acre *........           18.00           20.00           21.00
                                        Minimum Bill............           25.00           25.00           25.00
Walker River Irrigation Project.......  Basic per acre..........           31.00           31.00           31.00
----------------------------------------------------------------------------------------------------------------
+ These rates have not yet been determined; BIA will publish a separate notice for these rates at a later date.
* Notes irrigation projects where rates are proposed for adjustment.
Note #1 Federal Register Notice 82 FR 37604, published August 11, 2017, established the final 2018 rate for the
  Flathead Irrigation Project.
Note #2 The O&M rate varies yearly based upon the budget submitted by the LeClair District.
Note #3 The annual O&M rate is established by the Shoshone-Paiute Tribes who perform O&M under a self-governance
  compact.
Note #4 The O&M rate for the Yuma Project, Indian Unit has two components. The first component of the O&M rate
  is established by the Bureau of Reclamation (BOR), the owner and operator of the Project. BOR's rate, which is
  based upon the annual budget submitted by BOR, has not been established for 2018 or 2019. The second component
  of the O&M rate is established by BIA to cover administrative costs, which includes billing and collections
  for the Project. The proposed 2018 and 2019 BIA rate component is $3.50/acre.
Note #5 The construction water rate schedule proposes the fees assessed for use of irrigation water for non-
  irrigation purposes. Federal Register Notice 82 FR 37604, published August 11, 2017, established the final
  2018 rate for the SCIP-JW.
Note #6 The proposed 2018 and 2019 O&M rates for the San Carlos Irrigation Project--Indian Works has three
  components. The first component is the O&M rate established by the San Carlos Irrigation Project--Indian
  Works, the owner and operator of the Project; this rate is proposed to be $50.00 per acre each year. The
  second component is for the O&M rate established by the San Carlos Irrigation Project--Joint Works and is
  determined to be $27.90 per acre for 2018 and $31.25 per acre for 2019. The third component is the O&M rate
  established by the San Carlos Irrigation Project Joint Control Board and is proposed to be $9.70 per acre for
  2018 and $14.15 per acre for 2019.

Consultation and Coordination With Tribal Governments (Executive Order 
13175)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and Tribal sovereignty. We have evaluated this 
notice under the Department's consultation policy and under the 
criteria of Executive Order 13175 and have determined there to be 
substantial direct effects on federally recognized Tribes because the 
irrigation projects are located on or associated with Indian 
reservations. To fulfill its consultation responsibility to Tribes and 
Tribal organizations, BIA communicates, coordinates, and consults on a 
continuing basis with these entities on issues of water delivery, water 
availability, and costs of administration, operation, maintenance, and 
rehabilitation of projects that concern them. This is accomplished at 
the individual irrigation project by project, agency, and regional 
representatives, as appropriate, in accordance with local protocol and 
procedures. This notice is one component of our overall coordination 
and consultation process to provide notice to, and request comments 
from, these entities when we adjust irrigation assessment rates.

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

    The 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 $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 proposed rate adjustments do not effect a taking of private 
property or otherwise have ``takings'' implications

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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.

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 (OMB), under the 
Paperwork Reduction Act of 1995. The OMB Control Number is 1076-0141 
and expires June 30, 2019.

National Environmental Policy Act

    The Department has determined that these 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)), pursuant to 43 CFR 46.210(i). In addition, the proposed 
rate adjustments do not present any of the 12 extraordinary 
circumstances listed at 43 CFR 46.215.

    Dated: December 6, 2018.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs, Exercising the 
Authority of the Assistant Secretary--Indian Affairs.
[FR Doc. 2018-00794 Filed 1-17-18; 8:45 am]
 BILLING CODE 4337-15-P