Rate Adjustments for Indian Irrigation Projects, 41102-41108 [2018-17724]
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41102
Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Notices
Dated: August 9, 2018.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[FR Doc. 2018–17729 Filed 8–16–18; 8:45 am]
BILLING CODE 4337–15–P
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DEPARTMENT OF THE INTERIOR
Rate Adjustments for Indian Irrigation
Projects
Bureau of Indian Affairs
AGENCY:
Interior.
[189A2100DD/AAKC001030/
A0A501010.999900253G]
ACTION:
Indian Gaming; Approval of TribalState Class III Gaming Compact
Amendments in the State of Oklahoma
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
The State of Oklahoma
entered into compact amendments with
the Choctaw Nation of Oklahoma and
with the Fort Sill Apache Tribe of
Oklahoma governing certain forms of
class III gaming; this notice announces
the approval of the State of Oklahoma
Gaming Compact Non-house-Banked
Table Games Supplement between the
State of Oklahoma and the Choctaw
Nation of Oklahoma and the Fort Sill
Apache Tribe of Oklahoma.
DATES: The compact amendments take
effect on August 17, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
Paula L. Hart, Director, Office of Indian
Gaming, Office of the Deputy Assistant
Secretary—Policy and Economic
Development, Washington, DC 20240,
(202) 219–4066.
SUPPLEMENTARY INFORMATION: Under
section 11 of the Indian Gaming
Regulatory Act (IGRA) Public Law 100–
497, 25 U.S.C. 2701 et seq., the
Secretary of the Interior shall publish in
the Federal Register notice of approved
Tribal-State compacts for the purpose of
engaging in Class III gaming activities
on Indian lands. As required by IGRA
and 25 CFR 293.4, all compacts and
amendments are subject to review and
approval by the Secretary. The compact
amendments authorize the Tribes to
engage in certain additional class III
gaming activities, provide for the
application of existing revenue sharing
agreements to the additional forms of
class III gaming, and designate how the
State will distribute revenue sharing
funds.
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SUMMARY:
Dated: August 6, 2018.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
[FR Doc. 2018–17728 Filed 8–16–18; 8:45 am]
BILLING CODE 4337–15–P
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Bureau of Indian Affairs,
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Notice.
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, 2018.
DATES:
For
details about a particular BIA irrigation
project or facility, please use the tables
in the SUPPLEMENTARY INFORMATION
section to identify contacts at the
regional or local office at which the
project or facility is located.
FOR FURTHER INFORMATION CONTACT:
A Notice
of Proposed Rate Adjustment was
published in the Federal Register on
January 18, 2018 (83 FR 2662) to
propose adjustments to the irrigation
assessment rates at several BIA
irrigation projects. The public and
interested parties were provided an
opportunity to submit written
comments during the 60-day period that
ended March 19, 2018.
SUPPLEMENTARY INFORMATION:
Did BIA defer or change any proposed
rate increases?
Yes. The 2019 Operation and
Maintenance (O&M) rate for the Wind
River Irrigation Project, Units 2, 3, and
4, was proposed in the Federal Register
at $25.00 per acre. After further review,
BIA decided to change the rate to
$24.50. Instead of raising the rate by
$1.00, the rate will only increase by
$.50. Because the rate increased by
$1.50 over the two previous years, BIA
decided the full $1.00 increase for the
2019 O&M rate is not appropriate.
Hence, this notice of rate adjustments
reflects a 2019 O&M rate of $24.50 per
acre for Units 2, 3, and 4.
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Did BIA receive any comments on the
proposed irrigation assessment rate
adjustments?
Yes. BIA received twelve (12) written
comments related to the proposed
irrigation rate adjustment for the
Flathead Indian Irrigation Project and
Wind River Irrigation Project.
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
(FIIP)
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 state a
general opposition to the 2019 rate
increase, along with a number of
specific concerns. These include: A
concern that BIA is pursuing a rate
increase prior to the FIIP manager’s
annual meeting with the individual
irrigation districts, and concerns with
how FIIP management chooses to
expend funds obtained through
irrigation rate assessments.
Response: As noted when rates were
proposed in the Federal Register on
January 18, 2018 (83 FR 2662), BIA is
required to establish irrigation
assessment rates that recover the costs
to administer, operate, maintain, and
rehabilitate our projects. As owner of
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,
codified at 25 U.S.C. 381 et seq., and is
addressed in BIA’s regulations at 25
CFR part 171. Additionally, the
repayment contracts between the
irrigation districts and the Department
of the 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
procedures followed by BIA in adjusting
its irrigation assessment rates are
consistent with applicable law and past
practice.
Regarding the timing of this Federal
Register notice, BIA makes every effort
to publish notice of irrigation O&M rate
adjustments prior to the issuance of
irrigation bills for the upcoming season,
and that process requires BIA to solicit
comments on proposed rate adjustments
on a timeline that will allow it to
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publish by then. The BIA-wide effort
seeking comments on proposed
irrigation rate adjustments is separate
from the Project-specific meetings that
are conducted by individual Project
Managers consistent with each Project’s
Operations and Management
Guidelines.
Regarding concerns with how FIIP
management expends funds, each
Project Manager has discretion to assess
priorities and address those priorities,
subject to available funding. As
discussed in more detail below, BIA
chose not to implement the full,
recommended $7.50 increase in 2017,
choosing instead to impose a $3.00
increase. As a result, the FIIP Project
Manager had less funding available to
address key priorities. It is anticipated
that the proposed $4.50 increase will
provide the FIIP Project Manager with
opportunities to address additional
priorities.
Comment: One commenter states an
opposition to the $4.50 per acre 2019
O&M rate increase, alleging that BIA has
not met BIA operating standards by not
meeting monthly with the three
irrigation districts and not meeting with
the three districts to discuss O&M costs,
water storage, and other issues.
Response: The status of the FIIP
budget and the need to increase rates
were communicated to the Flathead
Joint Board of Control (FJBC) and
irrigation districts as early as 2014 and
have been discussed with the irrigation
districts, FJBC, and CSKT numerous
times since then. BIA publicly noticed
its intent to increase assessment rates in
both 2015 and 2016 (see Proposed Rate
Adjustments published in the Federal
Register on June 11, 2015 (80 FR 33279,
33283) and August 5, 2016 (81 FR
51927, 51931)). In January 2017, the
FIIP Project Manager met with the FJBC
to discuss the proposed 2018 increase,
which at the time was proposed to be
$7.50. As discussed below, for a number
of reasons, BIA chose to implement only
a $3.00 increase in 2018, but made it
clear that the full $7.50 was warranted
and that the remaining $4.50 increase
would be included in the 2019 rates.
This information was provided at an
April 11, 2017 water user meeting and
reiterated in meetings with the FJBC on
May 9, 2017, June 13, 2017, and July 11,
2017.
The BIA’s Operations and
Management Guidelines require only an
annual meeting with the FJBC. This
meeting took place on April 11, 2017.
These Guidelines also allow FIIP
management to meet with individual
irrigation districts on an ad hoc basis; to
that end, the FIIP Project Manager met
with the chairmen of the three
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individual irrigation districts on June
15, 2017 to discuss the $4.50 rate
increase. The FIIP Project Manager also
met with the FJBC on September 12,
2017 and October 10, 2017, but the FJBC
did not discuss the rate increase at those
meetings.
Comment: One commenter protests
the $4.50 per acre increase, stating that
farmers will be faced with a 29%
increase in irrigation costs in two years.
The commenter further contends that
BIA has not provided a justification or
proposal for utilizing the increase.
Response: The costs associated with
operating and maintaining the FIIP
consistently exceed the amount paid to
the FIIP through O&M assessments.
Even during the timeframe when the
Cooperative Management Entity
operated the FIIP, the O&M assessment
rate was increased twice, in 2010 and
2011. Since re-assumption, BIA has
made clear the need to increase FIIP
assessments rates to address O&M
needs, and has publicly noticed the
need to raise rates in both 2015 and
2016. The only reason rate increases
were not implemented then was as a
result of the timeframe necessary to
communicate an increase to the
counties that collect the O&M
assessments. Rate increases have been
needed for some time, and FIIP’s ability
to address its operation and
maintenance needs have been severely
compromised by not increasing rates
since 2011.
In 2017, BIA proposed to increase the
2018 rate by $7.50 and explained in the
Federal Register notice on April 21,
2017 (82 FR 18770) that the entire $7.50
increase was justified due to the
increased costs associated with
administering, operating, maintaining,
and rehabilitating the FIIP. Because of
the timing of the 2017 Federal Register
proposed rate notice, BIA agreed to
impose only a $3.00 increase in 2018
and memorialized that increase in the
final rate notice published on August
11, 2017 (82 FR 37604, 37605). At the
time, however, BIA made clear that the
additional $4.50 would be included in
its 2019 rates.
The Following Comments Are Specific
to the Wind River Irrigation Project
(WRIP)
Written comments relating to the
proposed rate adjustment were received
by letter. The BIA’s summary of the
issues and BIA’s responses are provided
below.
Comment: One commenter objects to
increased O&M fees that may idle tribal
and allotted lands and decrease the
financial viability of agricultural
operations.
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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
rates to demonstrate sensitivity to the
economic impact on water users, but
that past practice resulted in a rate
deficiency at some irrigation projects.
Therefore, funding to operate and
maintain these projects needs to come
from the water users served by those
projects.
BIA’s irrigation program has been the
subject of serval 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 BIA’s largest irrigation projects,
the Wapato 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 cost to operate and
perform all appropriate maintenance on
the irrigation project or facility
infrastructure to ensure safe and reliable
operation. If this review and adjustment
is not accomplished, a rate deficiency
can accumulate over time. Rate
deficiencies force BIA to raise irrigation
assessment rates in larger increments
over shorter periods than would have
been otherwise necessary.
BIA has projected this proposed rate
increase for several years, and
anticipated increasing the assessment
rates in both 2018 and 2019. The Wind
River Irrigation Project (WRIP)
Operations and Maintenance (O&M)
budget was prepared in accordance with
BIA financial guidelines. The intent of
the increases is for maintenance of a
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reserve fund for contingencies or
emergencies.
Based on increased costs associated
with administering, operating,
maintaining, and rehabilitating WRIP,
the need for the proposed rate increase
is clear and justified for both 2018 and
2019. For those farm units where BIA
determines that our irrigation facilities
are not capable of delivering adequate
irrigation water, an Annual Assessment
Waiver can be granted to waive the
O&M assessment.
Comment: Commenters state that no
rate increases should occur on WRIP.
Specifically, some commenters oppose
Unit 6’s rate increase because the Ray
Canal Water Users Association
(RCWUA) efficiently operates the
project through a cooperative
agreement.
Response: As explained in the
previous response, BIA can no longer
temper irrigation rates. BIA is required
to establish irrigation assessment rates
that recover the costs to administer,
operate, maintain, and rehabilitate our
projects. As owner of WRIP, 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, codified at 25
U.S.C. 381 et seq., and is addressed in
BIA’s regulations at 25 CFR part 171. In
accordance with 25 CFR 171.500,
upcoming annual costs are to be
estimated through a budgeting process
that factors in all categories, including
maintenance of a reserve fund.
Of the six WRIP rates, BIA does not
set the rates for LeClair District or
Riverton Valley Irrigation District. Of
the remaining four WRIP rates, BIA is
raising each Unit’s 2017 rate by $1.00
over the course of two years. Rates for
three Units (Unit 6, Crow Heart Unit,
and A Canal Unit) are increasing by
$1.00 in 2018; these three Units’ rates
will not increase in 2019. The remaining
rate for Units 2, 3, and 4 will be raised
by $1 over the course of two years: $0.50
increase in 2018 and $.50 increase in
2019. The rate increases will replenish
WRIP’s reserve fund; as explained
below, the reserve fund is for
contingencies or emergencies.
Regarding Unit 6 specifically,
RCWUA bases its annual budget on the
85% collection rate minus the BIA
direct service cost. The BIA direct
service cost is $3.50 per acre and based
on a cost per acre of direct services BIA
provides to Unit 6 (Ray Canal water
users), which includes: (1)
Administrative functions for two fulltime Accounting Technicians; (2)
general office per acre cost; (3) 7.5% of
the Project Manager’s per acre cost; and
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(4) 8% of the Equipment Operator’s per
acre cost. With respect to the last item,
BIA’s Equipment Operators operate and
maintain Washakie Dam, which
provides water to the Ray Canal
Diversion structure. The Equipment
Operators also clean trash racks and
maintain the diversion structure for Ray
Canal. Operation and maintenance of
Washakie Dam and the Ray Canal
Diversion structure is captured in BIA’s
direct service cost of $3.50 per acre.
Although RCWUA may be functioning
within its budget to provide O&M
within Unit 6, BIA must assess rates
based on the entire WRIP. BIA must
increase the rate to (1) reflect the full
cost of operating and performing all
maintenance on the irrigation project or
facility infrastructure and (2) maintain a
reserve fund to cover emergencies,
including critical repairs to avoid
potential system failures that occurred
in 2017. The reserve fund is used as
needed for any Unit within WRIP,
including Unit 6. Although BIA receives
some non-water user funding for
irrigation rehabilitation, each irrigation
project needs to maintain a reserve fund
for emergencies and equipment
purchases. The BIA National Irrigation
Handbook’s Emergency Reserve Fund
Guidelines recommends a reserve of
40% of the annual O&M costs, which is
calculated by averaging five years of
costs. For WRIP, the recommended
reserve amount is $310,000. In addition,
irrigation projects should maintain a
sinking fund to meet future
expenditures for replacement of
equipment and vehicles. Currently, the
reserve fund and sinking fund combined
total is $280,000. The WRIP rate
increases will bring in just over $28,000
in 2018 and over $36,000 in the
following years for replenishment of
WRIP’s reserve and sinking funds. Thus,
BIA views the modest rate increase here
to be necessary and reasonable.
Comment: Commenters expressed a
position that the repair costs (both past
and future) of the washout of the 37C
chute project should not be passed on
to the RCWUA water users.
Response: Because of flooding that
resulted from the melting of the
extensive snowpack that occurred in
2017, a major structure was damaged, a
main canal was put at risk of failure,
and 37C chute was damaged. RCWUA
did not incur any of the costs associated
with the 37C chute project. BIA has and
will continue to use both O&M funds
and the WRIP reserve fund for repairs
from the flooding. BIA, Eastern
Shoshone Tribe, and Northern Arapaho
Tribe requested and secured non-water
user funding sources (federal and Tribal
funds) to supplement the costs
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associated with the repair of 37C chute
project. Reserve funding may also be
used for the structure’s repair.
Accordingly, BIA must increase O&M
rates to replenish the reserve fund to
prepare for inevitable failures or
damage. Without the necessary O&M
rate increases, lack of adequate funds
could result in the inability of the
project to maintain irrigation system
components and deliver water.
Comment: Two commenters state an
opposition to the proposed rate
adjustments because the Project has
only had one BIA part-time secretary.
Given that a BIA project position has
been vacant for years, salaries from
vacant positions should offset any
proposed increases.
Response: Presently, WRIP is
operating with one full-time Accounting
Technician and an Acting Irrigation
Project Manager. BIA intends to fill two
vacant positions: Accounting
Technician and Irrigation Project
Manager. We believe that these
personnel expenditures are reasonable
and appropriate, and well within BIA’s
authority to manage its personnel to
assure that its water deliver obligations
are satisfied. Any remaining funds will
be utilized toward flood damage and
deferred maintenance. Thus, water users
will see a significant portion of the
increase returned to them in form of
repairs and increased maintenance.
Comment: One commenter objects to
the proposed rate adjustments because
BIA fails to renew leases and act on
leasing in a timely manner, which
leaves a large amount of agricultural
land vacant on WRIP.
Response: Leasing functions fall
under the Agency Realty Office, while
leases on Tribal land require Tribal
approval. Upon receipt of leasing
information from the Agency Realty
Office, BIA’s WRIP staff efficiently
perform data entry for O&M billing
compilation.
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.
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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.
Project name
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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
Bodie Shaw, Acting Regional Director, Bureau of Indian Affairs, Northwest Regional Office, 911 NE 11th Avenue, Portland, OR 97232–4169,
Telephone: (503) 231–6702.
Flathead Indian Irrigation Project ........................
Fort Hall Irrigation Project ...................................
Wapato Irrigation Project .....................................
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
Susan Messerly, Acting Regional Director, Bureau of Indian Affairs, Rocky Mountain Regional Office, 2021 4th Avenue North, 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.
Michael Addy, Acting Superintendent, Jim Gappa, Acting Irrigation Project Manager, P.O. Box
69, Crow Agency, MT 59022, Telephones: (406) 638–2672, Superintendent, (406) 247–
7998, Acting Irrigation Project Manager.
Dave Hopkins, Acting Superintendent, Jim Gappa, 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.
Norma Gourneau, Superintendent, Jim Gappa, 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
John Halliday, Acting 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 ..............................
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Yuma Project, Indian Unit ...................................
San Carlos Irrigation Project (Indian Works and
Joint Works).
Uintah Irrigation Project .......................................
Walker River Irrigation Project ............................
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Kellie Youngbear Superintendent, Gary Colvin, Irrigation Project Manager, 12124 1st Avenue,
Parker, AZ 85344, Telephone: (928) 669–7111.
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.
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What irrigation assessments or charges
are adjusted by this notice?
The rate table below contains the final
rates for the 2018 and 2019 calendar
years for all irrigation projects where we
recover costs of administering,
operating, maintaining, and
rehabilitating them. An asterisk
Project name
immediately following the rate category
notes the irrigation projects where 2018
rates are different from the 2019 rates.
Final
2017 rate
Rate category
Final
2018 rate
Final
2019 rate
Northwest Region Rate Table
Flathead Indian Irrigation Project (See Note
#1).
Fort Hall Irrigation Project ...............................
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 .......
Basic-per acre—A * ........................................
$26.00
$29.00
$33.50
Basic-per acre—B * ........................................
Minimum Charge per tract .............................
Basic per acre * ..............................................
Minimum Charge per tract * ...........................
Basic per acre * ..............................................
Minimum Charge per tract * ...........................
Basic per acre * ..............................................
Pressure per acre * ........................................
Minimum Charge per tract * ...........................
Minimum Charge per bill ................................
13.00
75.00
54.00
38.50
32.50
38.50
57.50
88.50
38.50
25.00
14.50
75.00
56.00
39.00
35.00
39.00
59.50
92.50
39.00
25.00
16.75
75.00
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
78.00
78.00
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
24.50
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 ..............
17.000 ............
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 ................
147.00 ............
30.00 ..............
(∂)
(∂)
(∂)
up to 5.0 acre-feet (Ranch 5)
118.50 ............
147.00 ............
(∂)
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 (see Note #2).
Southwest Region Rate Table
Pine River Irrigation Project ............................
Minimum Charge per tract .............................
Basic-per acre * ..............................................
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Western Region Rate Table
Colorado River Irrigation Project ....................
Duck Valley Irrigation Project (See Note #3)
Yuma Project, Indian Unit (See Note #4) ......
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Basic per acre
Excess Water
feet.
Basic per acre
Basic per acre
Excess Water
feet.
Basic per acre
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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.
Final
2017 rate
Final
2018 rate
Final 2017, 2018, 2019 Construction Water Rate Schedule:
Administrative Fee .........................................
Usage Fee ......................................................
Excess Water Rate † ......................................
No Charge .....
Final
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 rates have not yet been determined; BIA will publish a separate notice for these rates at a later date.
† The excess water rate applies to all water used in excess of 50,000 gallons in any one month.
* Notes irrigation projects where 2018 rates are different from 2019 rates.
Note #1: Federal Register Notice on January 18, 2018 (83 FR 2665), finalized the 2018 rate for the Flathead Indian Irrigation Project.
Note #2: These O&M rates may vary yearly based upon the budget submitted by the LeClair District and the Riverton Valley Irrigation 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, is
143.50 for 2018; and has not been established for 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 2018 and 2019 BIA rate component is 3.50/acre.
Note #5: Federal Register Notice on August 11, 2017 (82 FR 37608), established the final 2018 rate for the San Carlos Irrigation Project. The
construction water rate schedule identifies the fees assessed for use of irrigation water for non-irrigation purposes.
Note #6: The 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 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 9.70 per acre for 2018 and 14.15 per acre for 2019.
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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
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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).
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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
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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.
DEPARTMENT OF THE INTERIOR
Civil Justice Reform (Executive Order
12988)
Notice of Availability of the Grand
Staircase-Escalante National
Monument-Grand Staircase,
Kaiparowits, and Escalante Canyon
Units and Federal Lands Previously
Included in the Monument That Are
Excluded From the Boundaries Draft
Resource Management Plans and
Associated Environmental Impact
Statement
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
(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 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: August 13, 2018.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
[FR Doc. 2018–17724 Filed 8–16–18; 8:45 am]
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BILLING CODE 4337–15–P
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Bureau of Land Management
Bureau of Land Management,
Interior.
ACTION: Notice of availability.
AGENCY:
In accordance with the
National Environmental Policy Act of
1969, as amended, and the Federal Land
Policy and Management Act of 1976, as
amended, the Bureau of Land
Management (BLM) Grand StaircaseEscalante National Monument (GSENM)
and Kanab Field Office (KFO) have
prepared Draft Resource Management
Plans (RMPs) and a Draft Environmental
Impact Statement (EIS) for the GSENM
Grand Staircase, Kaiparowits, and
Escalante Canyons Units and Federal
lands excluded from the Monument by
Proclamation 9682 and by this notice
are announcing the opening of the
public comment period.
DATES: To ensure that comments will be
considered, the BLM must receive
written comments on the Draft RMPs/
Draft EIS within 90 days of the date the
Environmental Protection Agency
publishes its Notice of Availability of
the Draft RMPs/Draft EIS in the Federal
Register. The BLM will announce future
meetings or hearings and any other
public involvement activities at least 15
days in advance through public notices,
media releases and/or mailings.
ADDRESSES: You may submit comments
on the Draft RMPs/Draft EIS by either of
the following methods:
• Website: https://goo.gl/EHvhbc
• Mail: 669 S Hwy. 89A, Kanab, UT
84741, Attn: Matt Betenson
Copies of the Draft RMPs/Draft EIS are
available at the following locations:
• Bureau of Land Management, Utah
State Office, 440 West 200 South,
Suite 500, Salt Lake City, Utah
• Escalante Interagency Visitor Center,
755 West Main, Escalante, Utah
• Kanab Field Office, 669 South
Highway 89A, Kanab, Utah
The Draft RMPs/Draft EIS and
accompanying background documents
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Matt
Betenson, Associate Monument
Manager, telephone (435) 644–1200;
address 669 S Hwy. 89A, Kanab, UT
84741; email BLM_UT_CCD_
monuments@blm.gov. Persons who use
a telecommunications device for the
deaf (TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
contact the above individual during
normal business hours. The FRS is
available 24 hours a day, 7 days a week,
to leave a message or question for the
above individual. You will receive a
reply during normal business hours.
FOR FURTHER INFORMATION CONTACT:
[18X 1109AF LLUT930000
L16100000.DS0000.LXSSJ0640000]
SUMMARY:
are available on the ePlanning website
at: https://goo.gl/EHvhbc.
On
December 4, 2017, President Donald
Trump signed Presidential Proclamation
9682 modifying the boundaries of the
GSENM as established by Proclamation
6920 to exclude from designation and
reservation approximately 861,974 acres
of land. Lands that remain part of the
GSENM are included in three units,
known as the Grand Staircase,
Kaiparowits, and Escalante Canyons
Units and are reserved for the care and
management of the objects of historic
and scientific interest described in
Proclamation 6920, as modified by
Proclamation 9682. Lands that are
excluded from the Monument
boundaries are now referred to as the
Kanab-Escalante Planning Area (KEPA)
and are managed in accordance with the
BLM’s multiple-use mandate.
The planning area is located in Kane
and Garfield Counties, Utah, and
encompasses approximately 1.86
million acres of public land. For the
GSENM Grand Staircase, Kaiparowits,
and Escalante Canyons Units, this
planning effort, is needed to identify
goals, objectives, and management
actions necessary for the conservation,
protection, restoration, or enhancement
of the resources, objects, and values
identified in Proclamation 6920, as
modified by Proclamation 9682. For
lands excluded from the monument,
this planning effort is needed to
determine to identify goals, objectives,
and management actions necessary to
ensure that public lands and their
various resource values are utilized in
the combination that will best meet the
present and future needs of the
American people.
The entire planning area is currently
managed by the BLM and under the
Grand Staircase-Escalante National
Monument Management Plan (BLM
1999), as amended. This planning effort
would replace the existing Monument
Management Plan with four new RMPs.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\17AUN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Notices]
[Pages 41102-41108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17724]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/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,
2018.
FOR FURTHER INFORMATION CONTACT: For details about a particular BIA
irrigation project or facility, please use the tables in the
SUPPLEMENTARY INFORMATION section to identify 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 January 18, 2018 (83 FR 2662) to
propose adjustments to the irrigation assessment rates at several BIA
irrigation projects. The public and interested parties were provided an
opportunity to submit written comments during the 60-day period that
ended March 19, 2018.
Did BIA defer or change any proposed rate increases?
Yes. The 2019 Operation and Maintenance (O&M) rate for the Wind
River Irrigation Project, Units 2, 3, and 4, was proposed in the
Federal Register at $25.00 per acre. After further review, BIA decided
to change the rate to $24.50. Instead of raising the rate by $1.00, the
rate will only increase by $.50. Because the rate increased by $1.50
over the two previous years, BIA decided the full $1.00 increase for
the 2019 O&M rate is not appropriate. Hence, this notice of rate
adjustments reflects a 2019 O&M rate of $24.50 per acre for Units 2, 3,
and 4.
Did BIA receive any comments on the proposed irrigation assessment rate
adjustments?
Yes. BIA received twelve (12) written comments related to the
proposed irrigation rate adjustment for the Flathead Indian Irrigation
Project and Wind River Irrigation Project.
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 (FIIP)
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 state a general opposition to the 2019
rate increase, along with a number of specific concerns. These include:
A concern that BIA is pursuing a rate increase prior to the FIIP
manager's annual meeting with the individual irrigation districts, and
concerns with how FIIP management chooses to expend funds obtained
through irrigation rate assessments.
Response: As noted when rates were proposed in the Federal Register
on January 18, 2018 (83 FR 2662), BIA is required to establish
irrigation assessment rates that recover the costs to administer,
operate, maintain, and rehabilitate our projects. As owner of 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, codified at 25 U.S.C. 381 et
seq., and is addressed in BIA's regulations at 25 CFR part 171.
Additionally, the repayment contracts between the irrigation districts
and the Department of the 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
procedures followed by BIA in adjusting its irrigation assessment rates
are consistent with applicable law and past practice.
Regarding the timing of this Federal Register notice, BIA makes
every effort to publish notice of irrigation O&M rate adjustments prior
to the issuance of irrigation bills for the upcoming season, and that
process requires BIA to solicit comments on proposed rate adjustments
on a timeline that will allow it to
[[Page 41103]]
publish by then. The BIA-wide effort seeking comments on proposed
irrigation rate adjustments is separate from the Project-specific
meetings that are conducted by individual Project Managers consistent
with each Project's Operations and Management Guidelines.
Regarding concerns with how FIIP management expends funds, each
Project Manager has discretion to assess priorities and address those
priorities, subject to available funding. As discussed in more detail
below, BIA chose not to implement the full, recommended $7.50 increase
in 2017, choosing instead to impose a $3.00 increase. As a result, the
FIIP Project Manager had less funding available to address key
priorities. It is anticipated that the proposed $4.50 increase will
provide the FIIP Project Manager with opportunities to address
additional priorities.
Comment: One commenter states an opposition to the $4.50 per acre
2019 O&M rate increase, alleging that BIA has not met BIA operating
standards by not meeting monthly with the three irrigation districts
and not meeting with the three districts to discuss O&M costs, water
storage, and other issues.
Response: The status of the FIIP budget and the need to increase
rates were communicated to the Flathead Joint Board of Control (FJBC)
and irrigation districts as early as 2014 and have been discussed with
the irrigation districts, FJBC, and CSKT numerous times since then. BIA
publicly noticed its intent to increase assessment rates in both 2015
and 2016 (see Proposed Rate Adjustments published in the Federal
Register on June 11, 2015 (80 FR 33279, 33283) and August 5, 2016 (81
FR 51927, 51931)). In January 2017, the FIIP Project Manager met with
the FJBC to discuss the proposed 2018 increase, which at the time was
proposed to be $7.50. As discussed below, for a number of reasons, BIA
chose to implement only a $3.00 increase in 2018, but made it clear
that the full $7.50 was warranted and that the remaining $4.50 increase
would be included in the 2019 rates. This information was provided at
an April 11, 2017 water user meeting and reiterated in meetings with
the FJBC on May 9, 2017, June 13, 2017, and July 11, 2017.
The BIA's Operations and Management Guidelines require only an
annual meeting with the FJBC. This meeting took place on April 11,
2017. These Guidelines also allow FIIP management to meet with
individual irrigation districts on an ad hoc basis; to that end, the
FIIP Project Manager met with the chairmen of the three individual
irrigation districts on June 15, 2017 to discuss the $4.50 rate
increase. The FIIP Project Manager also met with the FJBC on September
12, 2017 and October 10, 2017, but the FJBC did not discuss the rate
increase at those meetings.
Comment: One commenter protests the $4.50 per acre increase,
stating that farmers will be faced with a 29% increase in irrigation
costs in two years. The commenter further contends that BIA has not
provided a justification or proposal for utilizing the increase.
Response: The costs associated with operating and maintaining the
FIIP consistently exceed the amount paid to the FIIP through O&M
assessments. Even during the timeframe when the Cooperative Management
Entity operated the FIIP, the O&M assessment rate was increased twice,
in 2010 and 2011. Since re-assumption, BIA has made clear the need to
increase FIIP assessments rates to address O&M needs, and has publicly
noticed the need to raise rates in both 2015 and 2016. The only reason
rate increases were not implemented then was as a result of the
timeframe necessary to communicate an increase to the counties that
collect the O&M assessments. Rate increases have been needed for some
time, and FIIP's ability to address its operation and maintenance needs
have been severely compromised by not increasing rates since 2011.
In 2017, BIA proposed to increase the 2018 rate by $7.50 and
explained in the Federal Register notice on April 21, 2017 (82 FR
18770) that the entire $7.50 increase was justified due to the
increased costs associated with administering, operating, maintaining,
and rehabilitating the FIIP. Because of the timing of the 2017 Federal
Register proposed rate notice, BIA agreed to impose only a $3.00
increase in 2018 and memorialized that increase in the final rate
notice published on August 11, 2017 (82 FR 37604, 37605). At the time,
however, BIA made clear that the additional $4.50 would be included in
its 2019 rates.
The Following Comments Are Specific to the Wind River Irrigation
Project (WRIP)
Written comments relating to the proposed rate adjustment were
received by letter. The BIA's summary of the issues and BIA's responses
are provided below.
Comment: One commenter objects to increased O&M fees that may idle
tribal and allotted lands and decrease the financial viability of
agricultural operations.
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 rates to demonstrate sensitivity
to the economic impact on water users, but that past practice resulted
in a rate deficiency at some irrigation projects. Therefore, funding to
operate and maintain these projects needs to come from the water users
served by those projects.
BIA's irrigation program has been the subject of serval 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 BIA's largest irrigation
projects, the Wapato 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 cost to operate and
perform all appropriate maintenance on the irrigation project or
facility infrastructure to ensure safe and reliable operation. If this
review and adjustment is not accomplished, a rate deficiency can
accumulate over time. Rate deficiencies force BIA to raise irrigation
assessment rates in larger increments over shorter periods than would
have been otherwise necessary.
BIA has projected this proposed rate increase for several years,
and anticipated increasing the assessment rates in both 2018 and 2019.
The Wind River Irrigation Project (WRIP) Operations and Maintenance
(O&M) budget was prepared in accordance with BIA financial guidelines.
The intent of the increases is for maintenance of a
[[Page 41104]]
reserve fund for contingencies or emergencies.
Based on increased costs associated with administering, operating,
maintaining, and rehabilitating WRIP, the need for the proposed rate
increase is clear and justified for both 2018 and 2019. For those farm
units where BIA determines that our irrigation facilities are not
capable of delivering adequate irrigation water, an Annual Assessment
Waiver can be granted to waive the O&M assessment.
Comment: Commenters state that no rate increases should occur on
WRIP. Specifically, some commenters oppose Unit 6's rate increase
because the Ray Canal Water Users Association (RCWUA) efficiently
operates the project through a cooperative agreement.
Response: As explained in the previous response, BIA can no longer
temper irrigation rates. BIA is required to establish irrigation
assessment rates that recover the costs to administer, operate,
maintain, and rehabilitate our projects. As owner of WRIP, 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, codified at 25 U.S.C. 381 et seq., and
is addressed in BIA's regulations at 25 CFR part 171. In accordance
with 25 CFR 171.500, upcoming annual costs are to be estimated through
a budgeting process that factors in all categories, including
maintenance of a reserve fund.
Of the six WRIP rates, BIA does not set the rates for LeClair
District or Riverton Valley Irrigation District. Of the remaining four
WRIP rates, BIA is raising each Unit's 2017 rate by $1.00 over the
course of two years. Rates for three Units (Unit 6, Crow Heart Unit,
and A Canal Unit) are increasing by $1.00 in 2018; these three Units'
rates will not increase in 2019. The remaining rate for Units 2, 3, and
4 will be raised by $1 over the course of two years: $0.50 increase in
2018 and $.50 increase in 2019. The rate increases will replenish
WRIP's reserve fund; as explained below, the reserve fund is for
contingencies or emergencies.
Regarding Unit 6 specifically, RCWUA bases its annual budget on the
85% collection rate minus the BIA direct service cost. The BIA direct
service cost is $3.50 per acre and based on a cost per acre of direct
services BIA provides to Unit 6 (Ray Canal water users), which
includes: (1) Administrative functions for two full-time Accounting
Technicians; (2) general office per acre cost; (3) 7.5% of the Project
Manager's per acre cost; and (4) 8% of the Equipment Operator's per
acre cost. With respect to the last item, BIA's Equipment Operators
operate and maintain Washakie Dam, which provides water to the Ray
Canal Diversion structure. The Equipment Operators also clean trash
racks and maintain the diversion structure for Ray Canal. Operation and
maintenance of Washakie Dam and the Ray Canal Diversion structure is
captured in BIA's direct service cost of $3.50 per acre.
Although RCWUA may be functioning within its budget to provide O&M
within Unit 6, BIA must assess rates based on the entire WRIP. BIA must
increase the rate to (1) reflect the full cost of operating and
performing all maintenance on the irrigation project or facility
infrastructure and (2) maintain a reserve fund to cover emergencies,
including critical repairs to avoid potential system failures that
occurred in 2017. The reserve fund is used as needed for any Unit
within WRIP, including Unit 6. Although BIA receives some non-water
user funding for irrigation rehabilitation, each irrigation project
needs to maintain a reserve fund for emergencies and equipment
purchases. The BIA National Irrigation Handbook's Emergency Reserve
Fund Guidelines recommends a reserve of 40% of the annual O&M costs,
which is calculated by averaging five years of costs. For WRIP, the
recommended reserve amount is $310,000. In addition, irrigation
projects should maintain a sinking fund to meet future expenditures for
replacement of equipment and vehicles. Currently, the reserve fund and
sinking fund combined total is $280,000. The WRIP rate increases will
bring in just over $28,000 in 2018 and over $36,000 in the following
years for replenishment of WRIP's reserve and sinking funds. Thus, BIA
views the modest rate increase here to be necessary and reasonable.
Comment: Commenters expressed a position that the repair costs
(both past and future) of the washout of the 37C chute project should
not be passed on to the RCWUA water users.
Response: Because of flooding that resulted from the melting of the
extensive snowpack that occurred in 2017, a major structure was
damaged, a main canal was put at risk of failure, and 37C chute was
damaged. RCWUA did not incur any of the costs associated with the 37C
chute project. BIA has and will continue to use both O&M funds and the
WRIP reserve fund for repairs from the flooding. BIA, Eastern Shoshone
Tribe, and Northern Arapaho Tribe requested and secured non-water user
funding sources (federal and Tribal funds) to supplement the costs
associated with the repair of 37C chute project. Reserve funding may
also be used for the structure's repair. Accordingly, BIA must increase
O&M rates to replenish the reserve fund to prepare for inevitable
failures or damage. Without the necessary O&M rate increases, lack of
adequate funds could result in the inability of the project to maintain
irrigation system components and deliver water.
Comment: Two commenters state an opposition to the proposed rate
adjustments because the Project has only had one BIA part-time
secretary. Given that a BIA project position has been vacant for years,
salaries from vacant positions should offset any proposed increases.
Response: Presently, WRIP is operating with one full-time
Accounting Technician and an Acting Irrigation Project Manager. BIA
intends to fill two vacant positions: Accounting Technician and
Irrigation Project Manager. We believe that these personnel
expenditures are reasonable and appropriate, and well within BIA's
authority to manage its personnel to assure that its water deliver
obligations are satisfied. Any remaining funds will be utilized toward
flood damage and deferred maintenance. Thus, water users will see a
significant portion of the increase returned to them in form of repairs
and increased maintenance.
Comment: One commenter objects to the proposed rate adjustments
because BIA fails to renew leases and act on leasing in a timely
manner, which leaves a large amount of agricultural land vacant on
WRIP.
Response: Leasing functions fall under the Agency Realty Office,
while leases on Tribal land require Tribal approval. Upon receipt of
leasing information from the Agency Realty Office, BIA's WRIP staff
efficiently perform data entry for O&M billing compilation.
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.
[[Page 41105]]
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
------------------------------------------------------------------------
Bodie Shaw, Acting Regional Director, Bureau of Indian Affairs,
Northwest Regional Office, 911 NE 11th Avenue, Portland, OR 97232-4169,
Telephone: (503) 231-6702.
------------------------------------------------------------------------
Flathead Indian Irrigation Project 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
------------------------------------------------------------------------
Susan Messerly, Acting 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........... Michael Addy, Acting Superintendent,
Jim Gappa, 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... Dave Hopkins, Acting Superintendent,
Jim Gappa, 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.
Wind River Irrigation Project..... Norma Gourneau, Superintendent, Jim
Gappa, 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
------------------------------------------------------------------------
John Halliday, Acting 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.
------------------------------------------------------------------------
[[Page 41106]]
What irrigation assessments or charges are adjusted by this notice?
The rate table below contains the final rates for the 2018 and 2019
calendar years for all irrigation projects where we recover costs of
administering, operating, maintaining, and rehabilitating them. An
asterisk immediately following the rate category notes the irrigation
projects where 2018 rates are different from the 2019 rates.
----------------------------------------------------------------------------------------------------------------
Final 2017 Final 2018 Final 2019
Project name Rate category rate rate rate
----------------------------------------------------------------------------------------------------------------
Northwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Flathead Indian Irrigation Project Basic-per acre--A *..... $26.00 $29.00 $33.50
(See Note #1).
Basic-per acre--B *..... 13.00 14.50 16.75
Minimum Charge per tract 75.00 75.00 75.00
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. 78.00 80.00 80.00
Works.
Basic per acre.......... 78.00 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 24.50
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
(see Note #2).
----------------------------------------------------------------------------------------------------------------
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 Basic per acre up 54.00.............. 54.00.............. 54.00
Project. to 5.75 acre-
feet.
Excess Water per 17.000............. 17.00.............. 17.00
acre-foot over
5.75 acre-feet.
Duck Valley Irrigation Project Basic per acre... 5.30............... 5.30............... ( +)
(See Note #3).
Yuma Project, Indian Unit (See Basic per acre up 118.50............. 147.00............. ( +)
Note #4). to 5.0 acre-feet.
Excess Water per 27.50.............. 30.00.............. ( +)
acre-foot over
5.0 acre-feet.
Basic per acre up 118.50............. 147.00............. ( +)
to 5.0 acre-feet
(Ranch 5).
----------------------------------------------------------------------------------------------------------------
[[Page 41107]]
San Carlos Irrigation Project Basic per acre *. 25.00.............. 27.90.............. 31.25
(Joint Works) (See Note #5).
---------------------------------------------------------------------------------
Final 2017, 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].
----------------------------------------------------------------------------------------------------------------
Final 2017 Final 2018 Final 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.
[dagger] The excess water rate applies to all water used in excess of 50,000 gallons in any one month.
* Notes irrigation projects where 2018 rates are different from 2019 rates.
Note #1: Federal Register Notice on January 18, 2018 (83 FR 2665), finalized the 2018 rate for the Flathead
Indian Irrigation Project.
Note #2: These O&M rates may vary yearly based upon the budget submitted by the LeClair District and the
Riverton Valley Irrigation 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, is 143.50 for 2018; and has not been established for 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 2018 and 2019 BIA rate component is 3.50/acre.
Note #5: Federal Register Notice on August 11, 2017 (82 FR 37608), established the final 2018 rate for the San
Carlos Irrigation Project. The construction water rate schedule identifies the fees assessed for use of
irrigation water for non-irrigation purposes.
Note #6: The 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 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 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 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
[[Page 41108]]
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 (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 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: August 13, 2018.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2018-17724 Filed 8-16-18; 8:45 am]
BILLING CODE 4337-15-P
