Rate Adjustments for Indian Irrigation Projects, 10715-10719 [2020-03735]

Download as PDF Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Notices appoints a magistrate subject to confirmation by a majority vote of the Tribal governing bodies. The waiver allows BIA to unilaterally establish a CFR court and allows the Assistant Secretary—Indian Affairs to appoint a magistrate without the need for confirmation by the Tribal governing body. Dated: February 4, 2020. Tara Sweeney, Assistant Secretary—Indian Affairs. [FR Doc. 2020–03734 Filed 2–24–20; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [120A2100DD/AAKC001030/ A0A501010.999900] Rate Adjustments for Indian Irrigation Projects AGENCY: Bureau of Indian Affairs, Interior. ACTION: 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 request your comments on the proposed rate adjustments. SUMMARY: Interested parties may submit comments on the proposed rate adjustments on or before April 27, 2020. DATES: 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. ADDRESSES: For details about a particular irrigation project, please use the tables in the SUPPLEMENTARY INFORMATION section to contact the regional or local office where the project is located. FOR FURTHER INFORMATION CONTACT: 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) 2021 for all irrigation projects. jbell on DSKJLSW7X2PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 20:34 Feb 24, 2020 Jkt 250001 What is the meaning of the key terms used in this notice? In this notice: Administrative costs means all costs we incur to administer our irrigation projects at the local project level and 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 means the costs we incur for administration, operation, maintenance, and rehabilitation to provide direct support or benefit to an irrigation facility. (See administrative costs, operation costs, maintenance costs, and rehabilitation costs). Customer means any person or entity to whom or to which we provide irrigation service. Due date is the date on which your bill is due and payable. This date will be stated on your bill. I, me, my, you and your 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 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 10715 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 https:// www.gpo.gov. Why are you publishing this notice? We are publishing this notice to inform you that we propose to adjust our irrigation assessment rates. This notice is published in accordance with the BIA’s regulations governing its operation and maintenance of irrigation projects, found at 25 CFR part 171. This regulation provides for the establishment and publication of the E:\FR\FM\25FEN1.SGM 25FEN1 10716 Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Notices 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 2021. 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. jbell on DSKJLSW7X2PROD 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 (k) Other expenses we determine necessary to properly perform the activities and functions characteristic of an irrigation project. VerDate Sep<11>2014 20:34 Feb 24, 2020 Jkt 250001 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 the 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 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 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\25FEN1.SGM 25FEN1 Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Notices Project name 10717 Project/agency contacts Northwest Region Contacts Bryan Mercier, 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 .................................... Robert Compton, Acting Superintendent, Larry Nelson, Acting Irrigation Project Manager, P.O. Box 40, Pablo, MT 59855, Telephones: (406) 675–0207 Acting Superintendent, (406) 745– 2661 Project Manager. Tim Gardner, Acting Irrigation Project Manager, Building #2 Bannock Avenue, Fort Hall, ID 83203–0220, Telephone: (208) 238–1992. Wyeth Wallace, Acting Superintendent, Pete Plant, Acting Project Administrator, 413 South Camas Avenue, Wapato, WA 98951–0220, Telephones: (509) 865–2421 Acting 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. Clifford Serawop, Superintendent, Jim Gappa, Acting Irrigation Project Manager, (Project operation & maintenance performed by Water Users Association), P.O. Box 69, Crow Agency, MT 59022, Telephones: (406) 638–2672 Superintendent, (406) 247–7998 Acting Irrigation Project Manager. Mark Azure, Superintendent, Jim Gappa, Irrigation Project Manager (BIA), (Project operation & maintenance contracted to Tribes under PL 93–638), R.R.1, Box 980, Harlem, MT 59526, Telephones: (406) 353–2901 Superintendent, (406) 353–8454 Irrigation Project Manager (Tribal Office). Howard Beemer, Superintendent, Jim Gappa, Acting Irrigation Project Manager, (Project operation & maintenance performed by Fort Peck Water Users Association), P.O. Box 637, Poplar, MT 59255, Telephones: (406) 768–5312 Superintendent, (406) 653–1752 Huber Wright—Lead ISO. Leslie Shakespeare, Superintendent, Jim Gappa, Acting Irrigation Project Manager, (Project operation & maintenance for Little Wind, Johnstown, and Lefthand Units contracted to Tribes under PL 93–638; Little Wind-Ray and Upper Wind Units operation & maintenance performed by Ray Canal, A Canal, and Crowheart Water Users Associations), P.O. Box 158, Fort Washakie, WY 82514, Telephones: (307) 332–7810 Superintendent, (406) 247– 7998 Acting Irrigation Project Manager. Southwest Region Contacts Patricia L. Mattingly, 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 North Central Avenue, 4th Floor Mailroom, Phoenix, AZ 85004, Telephone: (602) 379–6600. Colorado River Irrigation Project ......................... Duck Valley Irrigation Project .............................. Yuma Project, Indian Unit ................................... jbell on DSKJLSW7X2PROD with NOTICES San Carlos Irrigation Project (Indian Works and Joint Works). Uintah Irrigation Project ....................................... Walker River Irrigation Project ............................ VerDate Sep<11>2014 20:34 Feb 24, 2020 Jkt 250001 Clarence Begay, Acting Superintendent, Gary Colvin, Irrigation Project Manager, 12124 1st Avenue, Parker, AZ 85344, Telephone: (928) 669–7111. Joseph McDade, Superintendent, (Project operation & maintenance 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, Supervisory Civil Engineer, 13805 North Arizona Boulevard, Coolidge, AZ 85128, Telephone: (520) 723–6225. Antonio Pingree, Superintendent, Ken Asay, Irrigation System Manager, (Project operation & maintenance performed by Uintah Indian Irrigation Project Operation and Maintenance Company), P.O. Box 130, Fort Duchesne, UT 84026, Telephone: (435) 722–4300, (435) 722–4344. Robert Eben, Superintendent, 311 East Washington Street, Carson City, NV 89701, Telephone: (775) 887–3500. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\25FEN1.SGM 25FEN1 10718 Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Notices What irrigation assessments or charges are proposed for adjustment by this notice? The rate table below contains current final CY 2020 rates for irrigation projects where we recover costs of administering, operating, maintaining, and rehabilitating them. The table also contains proposed CY 2021 rates for all irrigation projects. An asterisk Project name immediately following the rate category notes irrigation projects where rates are proposed for adjustment. Final 2020 rate Rate category Proposed 2021 rate Northwest Region Rate Table Flathead Irrigation Project ............................................................ Fort Hall Irrigation Project ............................................................ Fort Hall Irrigation Project—Minor Units ...................................... Fort Hall Irrigation Project—Michaud Unit ................................... 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 .......................................................................... 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 ................................................................ 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 per bill ................................................................ Basic per acre ................................................................................ $33.50 16.75 75.00 58.50 39.00 38.00 39.00 63.50 98.50 39.00 25.00 25.00 30.00 30.00 79.00 79.00 85.00 80.00 80.00 86.00 86.00 $33.50 16.75 75.00 58.50 39.00 38.00 39.00 63.50 99.50 39.00 25.00 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 20.50 28.50 Basic-per acre * .............................................................................. 28.00 28.50 Basic-per Basic-per Basic-per Basic-per Basic-per Basic-per Basic-per Basic-per Basic-per Basic-per 14.00 2.00 17.00 27.00 25.00 22.00 47.00 16.50 16.50 30.65 14.00 2.00 17.00 27.00 25.00 22.00 47.00 16.50 16.50 30.65 50.00 21.50 50.00 22.00 59.00 18.00 5.30 154.50 30.00 154.50 20.00 61.50 18.00 5.30 (+) (+) (+) 25.78 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 #1) ..... Wind River Irrigation Project—Crow Heart Unit ........................... Wind River Irrigation Project—A Canal Unit ................................ Wind River Irrigation Project—Riverton Valley Irrigation District (See Note #1). acre acre acre acre acre acre acre acre acre acre ................................................................................ ................................................................................ ................................................................................ ................................................................................ ................................................................................ ................................................................................ ................................................................................ ................................................................................ ................................................................................ ................................................................................ Southwest Region Rate Table Pine River Irrigation Project ......................................................... Minimum Charge per tract ............................................................. Basic-per acre * .............................................................................. Western Region Rate Table Colorado River Irrigation Project .................................................. Duck Valley Irrigation Project (See Note #2) ............................... Yuma Project, Indian Unit (See Note #3) .................................... San Carlos Irrigation Project (Joint Works) (See Note #4) ......... Basic per acre up to 5.75 acre-feet * ............................................. Excess Water per acre-foot over 5.75 acre-feet ........................... Basic per acre ................................................................................ Basic per acre up to 5.0 acre-feet ................................................. Excess Water per acre-foot over 5.0 acre-feet ............................. Basic per acre up to 5.0 acre-feet (Ranch 5) ................................ Basic per acre * .............................................................................. jbell on DSKJLSW7X2PROD with NOTICES Proposed 2021 construction water rate schedule: Administrative Fee ...... Usage Fee .................. Excess Water Rate † .. 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 ........................ No Charge .................. $300.00. $100.00 per acre foot. No Charge. Final 2020 rate Project name Rate category San Carlos Irrigation Project (Indian Works) (See Note #5) ....... Uintah Irrigation Project ................................................................ Basic per acre * .............................................................................. Basic per acre ................................................................................ Minimum Bill ................................................................................... VerDate Sep<11>2014 20:34 Feb 24, 2020 Jkt 250001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\25FEN1.SGM 25FEN1 $86.00 23.00 25.00 Proposed 2021 rate $104.00. 23.00 25.00 10719 Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Notices Final 2020 rate Project name Rate category Walker River Irrigation Project ..................................................... Basic per acre ................................................................................ Proposed 2021 rate 31.00 31.00 * Notes irrigation projects where rates are adjusted. + The Bureau of Reclamation (BOR) rate component has not been established. See Note #3. † The excess water rate applies to all water used in excess of 50,000 gallons in any one month. Note #1 O&M rates for LeClair and Riverton Valley Irrigation Districts apply to Trust lands that are serviced by each irrigation district. The annual O&M rates are based on budgets submitted by LeClair and Riverton Valley Irrigation Districts, respectively. Note #2 The annual O&M rate is established by the Shoshone-Paiute Tribes who perform O&M under a self-governance compact. Note #3 The O&M rate for the Yuma Project, Indian Unit has two components. The first component of the O&M rate is established by BOR, the owner and operator of the Project. BOR’s rate, which is based upon the annual budget submitted by BOR, is $151.00 for 2020 but has not been established for 2021. 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 final 2020 (84 FR 33282 (July 12, 2019)) and proposed 2021 BIA rate component is $3.50/acre. Note #4 The Construction Water Rate Schedule identifies fees assessed for use of irrigation water for non-irrigation purposes. Note #5 The O&M rate for the San Carlos Irrigation Project—Indian Works has three components. The first component is established by the San Carlos Irrigation Project—Indian Works (BIA), the owner and operator of the Project; the proposed 2021 BIA rate component is $56.00 per acre. The second component is established by the San Carlos Irrigation Project—Joint Works and determined to be $25.78 per acre for 2021. The third component is established by the San Carlos Irrigation Project Joint Control Board and is $22.22 per acre for 2021. Consultation and Coordination With Tribal Governments (Executive Order 13175) do not need to be reviewed by the Office of Management and Budget under Executive Order 12866. The Department of the Interior strives to strengthen its government-togovernment relationship with Indian Tribes through a commitment to consultation with Indian Tribes and recognition of their right to selfgovernance and Tribal sovereignty. We have evaluated this notice under the Department’s consultation policy and under the criteria of Executive Order 13175 and have determined there to be substantial direct effects on federally recognized Tribes because the irrigation projects are located on or associated with Indian reservations. To fulfill its consultation responsibility to Tribes and Tribal organizations, BIA communicates, coordinates, and consults on a continuing basis with these entities on issues of water delivery, water availability, and costs of administration, operation, maintenance, and rehabilitation of projects that concern them. This is accomplished at the individual irrigation project by project, agency, and regional representatives, as appropriate, in accordance with local protocol and procedures. This notice is one component of our overall coordination and consultation process to provide notice to, and request comments from, these entities when we adjust irrigation assessment rates. Regulatory Flexibility Act jbell on DSKJLSW7X2PROD with NOTICES 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 20:34 Feb 24, 2020 Jkt 250001 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 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) Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (Executive Order 13211) VerDate Sep<11>2014 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). 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 the various levels of government. A federalism summary impact statement is not required. PO 00000 Frm 00073 Fmt 4703 Sfmt 9990 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 January 31, 2023. 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: February 4, 2020. Tara Sweeney, Assistant Secretary—Indian Affairs. [FR Doc. 2020–03735 Filed 2–24–20; 8:45 am] BILLING CODE 4337–15–P E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Notices]
[Pages 10715-10719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03735]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[120A2100DD/AAKC001030/A0A501010.999900]

Rate Adjustments for Indian Irrigation Projects

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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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 April 27, 2020.

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 the 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) 2021 for all
irrigation projects.

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

In this notice:
Administrative costs means all costs we incur to administer our
irrigation projects at the local project level and 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 means the costs we incur for administration, operation,
maintenance, and rehabilitation to provide direct support or benefit to
an irrigation facility. (See administrative costs, operation costs,
maintenance costs, and rehabilitation costs).
Customer means any person or entity to whom or to which we provide
irrigation service.
Due date is the date on which your bill is due and payable. This
date will be stated on your bill.
I, me, my, you and your 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 https://www.gpo.gov.

Why are you publishing this notice?

We are publishing this notice to inform you that we propose to
adjust our irrigation assessment rates. This notice is published in
accordance with the BIA's regulations governing its operation and
maintenance of irrigation projects, found at 25 CFR part 171. This
regulation provides for the establishment and publication of the

[[Page 10716]]

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 2021.

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 the 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 10717]]

------------------------------------------------------------------------
Project name Project/agency contacts
------------------------------------------------------------------------
Northwest Region Contacts
------------------------------------------------------------------------
Bryan Mercier, Regional Director, Bureau of Indian Affairs, Northwest
Regional Office, 911 NE 11th Avenue, Portland, OR 97232-4169,
Telephone: (503) 231-6702.
------------------------------------------------------------------------
Flathead Indian, Irrigation Robert Compton, Acting
Project. Superintendent, Larry Nelson,
Acting Irrigation Project Manager,
P.O. Box 40, Pablo, MT 59855,
Telephones: (406) 675-0207 Acting
Superintendent, (406) 745-2661
Project Manager.
Fort Hall, Irrigation Project..... Tim Gardner, Acting Irrigation
Project Manager, Building #2
Bannock Avenue, Fort Hall, ID 83203-
0220, Telephone: (208) 238-1992.
Wapato, Irrigation Project........ Wyeth Wallace, Acting
Superintendent, Pete Plant, Acting
Project Administrator, 413 South
Camas Avenue, Wapato, WA 98951-
0220, Telephones: (509) 865-2421
Acting 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.......... Clifford Serawop, Superintendent,
Jim Gappa, Acting Irrigation
Project Manager, (Project operation
& maintenance performed by Water
Users Association), P.O. Box 69,
Crow Agency, MT 59022, Telephones:
(406) 638-2672 Superintendent,
(406) 247-7998 Acting Irrigation
Project Manager.
Fort Belknap, Irrigation Project.. Mark Azure, Superintendent, Jim
Gappa, Irrigation Project Manager
(BIA), (Project operation &
maintenance contracted to Tribes
under PL 93-638), 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, Jim
Gappa, Acting Irrigation Project
Manager, (Project operation &
maintenance performed by Fort Peck
Water Users Association), P.O. Box
637, Poplar, MT 59255, Telephones:
(406) 768-5312 Superintendent,
(406) 653-1752 Huber Wright--Lead
ISO.
Wind River, Irrigation Project.... Leslie Shakespeare, Superintendent,
Jim Gappa, Acting Irrigation
Project Manager, (Project operation
& maintenance for Little Wind,
Johnstown, and Lefthand Units
contracted to Tribes under PL 93-
638; Little Wind-Ray and Upper Wind
Units operation & maintenance
performed by Ray Canal, A Canal,
and Crowheart Water Users
Associations), P.O. Box 158, Fort
Washakie, WY 82514, Telephones:
(307) 332-7810 Superintendent,
(406) 247-7998 Acting Irrigation
Project Manager.
------------------------------------------------------------------------
Southwest Region Contacts
------------------------------------------------------------------------
Patricia L. Mattingly, 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 North Central Avenue, 4th Floor Mailroom,
Phoenix, AZ 85004, Telephone: (602) 379-6600.
------------------------------------------------------------------------
Colorado River Irrigation Project. Clarence Begay, Acting
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 & maintenance
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, Supervisory Civil
Engineer, 13805 North Arizona
Boulevard, Coolidge, AZ 85128,
Telephone: (520) 723-6225.
Uintah Irrigation Project......... Antonio Pingree, Superintendent, Ken
Asay, Irrigation System Manager,
(Project operation & maintenance
performed by Uintah Indian
Irrigation Project Operation and
Maintenance Company), P.O. Box 130,
Fort Duchesne, UT 84026, Telephone:
(435) 722-4300, (435) 722-4344.
Walker River Irrigation Project... Robert Eben, Superintendent, 311
East Washington Street, Carson
City, NV 89701, Telephone: (775)
887-3500.
------------------------------------------------------------------------

[[Page 10718]]

What irrigation assessments or charges are proposed for adjustment by
this notice?

The rate table below contains current final CY 2020 rates for
irrigation projects where we recover costs of administering, operating,
maintaining, and rehabilitating them. The table also contains proposed
CY 2021 rates for all irrigation projects. An asterisk immediately
following the rate category notes irrigation projects where rates are
proposed for adjustment.

--------------------------------------------------------------------------------------------------------------------------------------------------------
Final 2020 Proposed 2021
Project name Rate category rate rate
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northwest Region Rate Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flathead Irrigation Project.......................................................... Basic per acre--A................ $33.50 $33.50
Basic per acre--B................ 16.75 16.75
Minimum Charge per tract......... 75.00 75.00
Fort Hall Irrigation Project......................................................... Basic per acre................... 58.50 58.50
Minimum Charge per tract......... 39.00 39.00
Fort Hall Irrigation Project--Minor Units............................................ Basic per acre................... 38.00 38.00
Minimum Charge per tract......... 39.00 39.00
Fort Hall Irrigation Project--Michaud Unit........................................... Basic per acre................... 63.50 63.50
Pressure per acre *.............. 98.50 99.50
Minimum Charge per tract......... 39.00 39.00
Wapato Irrigation Project--Toppenish/Simcoe Units.................................... Minimum Charge per bill.......... 25.00 25.00
Basic per acre................... 25.00 25.00
Wapato Irrigation Project--Ahtanum Units............................................. Minimum Charge per bill.......... 30.00 30.00
Basic per acre................... 30.00 30.00
Wapato Irrigation Project--Satus Unit................................................ Minimum Charge per bill.......... 79.00 79.00
``A'' Basic per acre............. 79.00 79.00
``B'' Basic per acre............. 85.00 85.00
Wapato Irrigation Project--Additional Works.......................................... Minimum Charge per bill.......... 80.00 80.00
Basic per acre................... 80.00 80.00
Wapato Irrigation Project--Water Rental.............................................. Minimum Charge per bill.......... 86.00 86.00
Basic per acre................... 86.00 86.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rocky Mountain Region Rate Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Blackfeet Irrigation Project......................................................... Basic-per acre *................. 20.00 20.50
Crow Irrigation Project--Willow Creek O&M (includes Agency, Lodge Grass #1, Lodge Basic-per acre *................. 28.00 28.50
Grass #2, Reno, Upper Little Horn, and Forty Mile Units).
Crow Irrigation Project--All Others (includes Bighorn, Soap Creek, and Pryor Units).. Basic-per acre *................. 28.00 28.50
Crow Irrigation Project--Two Leggins Unit............................................ Basic-per acre................... 14.00 14.00
Crow Irrigation Two Leggins Drainage District........................................ Basic-per acre................... 2.00 2.00
Fort Belknap Irrigation Project...................................................... Basic-per acre................... 17.00 17.00
Fort Peck Irrigation Project......................................................... Basic-per acre................... 27.00 27.00
Wind River Irrigation Project--Units 2, 3 and 4...................................... Basic-per acre................... 25.00 25.00
Wind River Irrigation Project--Unit 6................................................ Basic-per acre................... 22.00 22.00
Wind River Irrigation Project--LeClair District (See Note #1)........................ Basic-per acre................... 47.00 47.00
Wind River Irrigation Project--Crow Heart Unit....................................... Basic-per acre................... 16.50 16.50
Wind River Irrigation Project--A Canal Unit.......................................... Basic-per acre................... 16.50 16.50
Wind River Irrigation Project--Riverton Valley Irrigation District (See Note #1)..... Basic-per acre................... 30.65 30.65
--------------------------------------------------------------------------------------------------------------------------------------------------------
Southwest Region Rate Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pine River Irrigation Project........................................................ Minimum Charge per tract......... 50.00 50.00
Basic-per acre *................. 21.50 22.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Region Rate Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Colorado River Irrigation Project.................................................... Basic per acre up to 5.75 acre- 59.00 61.50
feet *.
Excess Water per acre-foot over 18.00 18.00
5.75 acre-feet.
Duck Valley Irrigation Project (See Note #2)......................................... Basic per acre................... 5.30 5.30
Yuma Project, Indian Unit (See Note #3).............................................. Basic per acre up to 5.0 acre- 154.50 (+)
feet.
Excess Water per acre-foot over 30.00 (+)
5.0 acre-feet.
Basic per acre up to 5.0 acre- 154.50 (+)
feet (Ranch 5).
San Carlos Irrigation Project (Joint Works) (See Note #4)............................ Basic per acre *................. 20.00 25.78
--------------------------------------------------------------------------------------------------------------------------------------------------------

Proposed 2021 construction water rate schedule:
---------------------------------------------------------------------------------
On project On project
Off project construction-- construction--
construction gravity water pump water
--------------------------------------------------------------------------------------------------------------------------------------------------------
Administrative Fee. $300.00............ $300.00........... $300.00.
Usage Fee.......... $250.00 per month.. No Fee............ $100.00 per acre
foot.
Excess Water Rate $5.00 per 1,000 gal No Charge......... No Charge.
[dagger].
--------------------------------------------------------------------------------------------------------------------------------------------------------

Final 2020 Proposed 2021
Project name Rate category rate rate
--------------------------------------------------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project (Indian Works) (See Note #5)........................... Basic per acre *................. $86.00 $104.00.
Uintah Irrigation Project............................................................ Basic per acre................... 23.00 23.00
Minimum Bill..................... 25.00 25.00

[[Page 10719]]

Walker River Irrigation Project...................................................... Basic per acre................... 31.00 31.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Notes irrigation projects where rates are adjusted.
+ The Bureau of Reclamation (BOR) rate component has not been established. See Note #3.
[dagger] The excess water rate applies to all water used in excess of 50,000 gallons in any one month.
Note #1 O&M rates for LeClair and Riverton Valley Irrigation Districts apply to Trust lands that are serviced by each irrigation district. The annual
O&M rates are based on budgets submitted by LeClair and Riverton Valley Irrigation Districts, respectively.
Note #2 The annual O&M rate is established by the Shoshone-Paiute Tribes who perform O&M under a self-governance compact.
Note #3 The O&M rate for the Yuma Project, Indian Unit has two components. The first component of the O&M rate is established by BOR, the owner and
operator of the Project. BOR's rate, which is based upon the annual budget submitted by BOR, is $151.00 for 2020 but has not been established for
2021. 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 final 2020 (84 FR 33282 (July 12, 2019)) and proposed 2021 BIA rate component is $3.50/acre.
Note #4 The Construction Water Rate Schedule identifies fees assessed for use of irrigation water for non-irrigation purposes.
Note #5 The O&M rate for the San Carlos Irrigation Project--Indian Works has three components. The first component is established by the San Carlos
Irrigation Project--Indian Works (BIA), the owner and operator of the Project; the proposed 2021 BIA rate component is $56.00 per acre. The second
component is established by the San Carlos Irrigation Project--Joint Works and determined to be $25.78 per acre for 2021. The third component is
established by the San Carlos Irrigation Project Joint Control Board and is $22.22 per acre for 2021.

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 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 the 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 January 31, 2023.

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: February 4, 2020.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2020-03735 Filed 2-24-20; 8:45 am]
BILLING CODE 4337-15-P

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