Rate Adjustments for Indian Irrigation Projects, 24884-24889 [2021-09222]

Download as PDF 24884 Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Notices that once existed may be restored; habitat that currently exists should be protected and may be enhanced or augmented; and, where conditions are suitable, new habitat may be created. After an evaluation is completed, population growth and connectivity may be assisted with translocation, if necessary, to ensure conservation and expedite recovery of the Mount Charleston blue butterfly. Evaluations, monitoring, and research will be implemented to inform decisions towards the recovery goal. To downlist to threatened status and ultimately delist the Mount Charleston blue butterfly will require active and ongoing protection of existing populations and occupied habitat, and discovered or established new habitat. Additional habitat and locations that can be categorized as known occupied are critical to ensure Mount Charleston blue butterfly life history processes, population growth, and connectivity will occur, thereby ensuring the genetic diversity of the species, sufficiently large populations to withstand stochastic events, and a sufficiently large number of populations to provide a safety margin to withstand catastrophic events. Request for Public Comments We request written comments on the draft recovery plan described in this notice. All comments received by the date specified in DATES will be considered in development of a final recovery plan for Mount Charleston blue butterfly. You may submit written comments and information by mail or email to the Southern Nevada Fish and Wildlife Office at the above address (see ADDRESSES). khammond on DSKJM1Z7X2PROD with NOTICES Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority We developed this recovery plan and publish this notice under the authority VerDate Sep<11>2014 19:05 May 07, 2021 Jkt 253001 of section 4(f) of the Act, 16 U.S.C. 1533(f). Paul Souza, Regional Director, Pacific Southwest Region. [FR Doc. 2021–09763 Filed 5–7–21; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [212A2100DD/AAKC001030/ A0A501010.999900] Rate Adjustments for Indian Irrigation Projects Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: The Bureau of Indian Affairs (BIA) owns or has an interest in irrigation projects located on or associated with various Indian reservations throughout the United States. We are required to establish irrigation assessment rates to recover the costs to administer, operate, maintain, and rehabilitate these projects. We request your comments on the proposed rate adjustments. DATES: Interested parties may submit comments on the proposed rate adjustments on or before July 9, 2021. ADDRESSES: You may send comments on the proposed rate adjustments via email to comments@bia.gov. Please reference ‘‘Rate Adjustments for Indian Irrigation Projects’’ in the subject line. Or you may submit comments to the Chief, Division of Water and Power, Office of Trust Services, 13922 Denver West Parkway, Suite 300, Lakewood, Colorado 80401. 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) 2022 for all irrigation projects. SUMMARY: What is the meaning of the key terms used in this notice? In this notice: Administrative costs mean all costs we incur to administer our irrigation projects at the local project level and are a cost factor included in calculating your operation and maintenance assessment. Costs incurred at the local project level do not normally include PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 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 E:\FR\FM\10MYN1.SGM 10MYN1 Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Notices 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 mean 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 Publishing Office at https:// www.gpo.gov. khammond on DSKJM1Z7X2PROD with NOTICES Why are you publishing this notice? We are publishing this notice to inform you that we propose to adjust our irrigation assessment rates. This notice is published in accordance with the BIA’s regulations governing its operation and maintenance of irrigation projects, found at 25 CFR part 171. This regulation provides for the establishment and publication of the proposed rates for annual irrigation assessments as well as related information about our irrigation projects. What authorizes you to issue this notice? Our authority to issue this notice is vested in the Secretary of the Interior by 5 U.S.C. 301 and the Act of August 14, 1914 (38 Stat. 583; 25 U.S.C. 385). The VerDate Sep<11>2014 19:05 May 07, 2021 Jkt 253001 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 2022. 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. PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 24885 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 § 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 E:\FR\FM\10MYN1.SGM 10MYN1 24886 Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Notices 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 are required to assess interest, penalties, and administrative costs on past due bills in accordance with 31 U.S.C. 3717 and 31 CFR 901.9. The rate of interest is established annually by the Secretary of the United States Treasury (Treasury) and accrues from the date your bill is past due. If your bill becomes more than 90 days past due, you will be assessed a penalty charge of no more than six percent per year, which accrues from the date your bill became past due. Each time we try to collect your past due bill, you will be charged an administrative fee of $12.50 for processing and handling. 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 transfer your Project name past due bill to Treasury for further action. Pursuant to 31 CFR 285.12, bills that are 120 days past due will be transferred to Treasury. Who can I contact for further information? The following tables are the regional and project/agency contacts for our irrigation facilities. Project 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 ..................................... Larry Nelson, Acting Irrigation Project Manager, P.O. Box 40, Pablo, MT 59855, Telephone: (406) 745–2661 Project Manager. Tim Gardner, Acting Irrigation Project Manager, Building #2 Bannock Avenue, Fort Hall, ID 83203–0220, Telephone: (208) 238–1992. Pete Plant, Project Administrator, 413 South Camas Avenue, Wapato, WA 98951–0220, Telephone: (509) 877–3155 Project Administrator. Rocky Mountain Region Contacts Susan Messerly, 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, Richard Green, 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) 247–7469 Irrigation Project Manager. Mark Azure, Superintendent, Jim Gappa, Irrigation Project Manager (BIA), (Project operation & maintenance contracted to Fort Belknap Indian Community under PL 93–638), 158 Tribal Way, Suite B, Harlem, MT 59526, Telephones: (406) 353–2901 Superintendent, (406) 353– 8466 Irrigation Project Manager (Tribal Office). Anna Eder, 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 Wind River 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. khammond on DSKJM1Z7X2PROD with NOTICES 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 ......................... VerDate Sep<11>2014 19:05 May 07, 2021 Jkt 253001 Davetta Ameelyenah, Superintendent, Gary Colvin, Irrigation Project Manager, 12124 1st Avenue, Parker, AZ 85344, Telephone: (928) 669–7111. PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\10MYN1.SGM 10MYN1 24887 Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Notices Project name Project project/agency contacts Duck Valley Irrigation Project .............................. Joseph McDade, Superintendent, (Project operation & maintenance compacted to ShoshonePaiute Tribes under PL 93–638), 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, Kyle Varvel, Acting Supervisory Civil Engineer, (Portions of Indian Works operation & maintenance compacted to Gila River Indian Community under PL 93–638), 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. Gerry Emm, Acting Superintendent, 311 East Washington Street, Carson City, NV 89701, Telephone: (775) 887–3500. Yuma Project, Indian Unit ................................... San Carlos Irrigation Project (Indian Works and Joint Works). Uintah Irrigation Project ....................................... Walker River Irrigation Project ............................ What irrigation assessments or charges are proposed for adjustment by this notice? The rate table below contains current final CY 2021 rates for irrigation projects where we recover costs of administering, operating, maintaining, and rehabilitating them. The table also contains proposed CY 2022 rates for all irrigation projects. An asterisk Project name immediately following the rate category notes irrigation projects where rates are proposed for adjustment. Final 2021 rate Rate category Proposed 2022 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 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 $33.50 16.75 75.00 62.50 40.00 41.00 40.00 68.50 106.50 40.00 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 ............................................................ 20.50 28.50 20.50 28.50 Basic-per acre ............................................................ 28.50 28.50 Basic-per Basic-per Basic-per Basic-per Basic-per Basic-per Basic-per acre ............................................................ acre ............................................................ acre * .......................................................... acre ............................................................ acre ............................................................ acre ............................................................ acre ............................................................ 14.00 2.00 17.00 27.00 25.00 22.00 47.00 14.00 2.00 18.00 27.00 25.00 22.00 47.00 Basic-per acre ............................................................ Basic-per acre ............................................................ Basic-per acre ............................................................ 16.50 16.50 30.65 16.50 16.50 30.65 50.00 50.00 khammond on DSKJM1Z7X2PROD with NOTICES 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). Southwest Region Rate Table Pine River Irrigation Project ............................................ VerDate Sep<11>2014 19:05 May 07, 2021 Jkt 253001 PO 00000 Minimum Charge per tract ......................................... Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\10MYN1.SGM 10MYN1 24888 Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Notices Project name Final 2021 rate Rate category Basic-per acre * .......................................................... Proposed 2022 rate 22.00 22.50 61.50 18.00 5.30 154.50 30.00 154.50 25.78 64.00 18.00 5.30 (+) (+) (+) 26.00 Western Region Rate Table Colorado River Irrigation Project ..................................... Duck Valley Irrigation Project .......................................... Yuma Project, Indian Unit (See Note #2) ....................... San Carlos Irrigation Project (Joint Works) (See Note #3). 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 * .......................................................... Proposed 2022 Construction Water Rate Schedule: Off project construction On project construction—gravity water On project construction—pump water Administrative Fee Usage Fee ............ $300.00 ................. $250.00 per month $300.00 .................. No Fee ................... Excess Water Rate †. $5.00 per 1,000 gal.. No Charge .............. $300.00. $100.00 per acre foot. No Charge. Final 2021 rate Proposed 2022 rate Project name Rate category San Carlos Irrigation Project (Indian Works) (See Note #4). Uintah Irrigation Project ................................................... Basic per acre * .......................................................... $97.78 $90.50 Basic per acre ............................................................ Minimum Bill .............................................................. Basic per acre ............................................................ 23.00 25.00 31.00 23.00 25.00 31.00 Walker River Irrigation Project ........................................ khammond on DSKJM1Z7X2PROD with NOTICES * Notes irrigation projects where rates are adjusted. + These rates have not yet been determined. † 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 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 $151.00 for 2021 but has not been established for 2022. 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 2021 (85 FR 47235 (August 4, 2020)) BIA rate component is $3.50/acre. The proposed 2022 BIA rate component is $4.00/acre. Note #3 The Construction Water Rate Schedule identifies fees assessed for use of irrigation water for non-irrigation purposes. Note #4 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, the owner and operator of the Project; the final 2021 rate is $56.00 per acre, and proposed 2022 rate is $56.50 per acre. The second component is established by the San Carlos Irrigation Project—Joint Works; the 2021 rate is $25.78 per acre, and proposed 2022 rate is $26.00 per acre. The third component is established by the San Carlos Irrigation Project Joint Control Board; the 2021 rate is $16.00 per acre, and 2022 rate is $8.00 per acre. 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 VerDate Sep<11>2014 19:05 May 07, 2021 Jkt 253001 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) 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). The proposed rate adjustments are not a significant energy action under the PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\10MYN1.SGM 10MYN1 Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Notices 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. khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 19:05 May 07, 2021 Jkt 253001 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. Bryan Newland, Principal Deputy Assistant Secretary—Indian Affairs. [FR Doc. 2021–09222 Filed 5–7–21; 8:45 am] BILLING CODE 4337–15–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–525 and 731– TA–1260–1261 (Review)] Certain Welded Line Pipe From Korea and Turkey; Scheduling of Expedited Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the countervailing and antidumping duty orders on certain welded line pipe from Korea and Turkey would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. SUMMARY: DATES: February 5, 2021. FOR FURTHER INFORMATION CONTACT: Christopher W. Robinson (202–205– 2542), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On February 5, 2021, the Commission determined that the domestic interested party group response to its notice of institution (85 FR 69354, November 2, 2020) of the subject five-year reviews was adequate and that the respondent interested party PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 24889 group response was inadequate. The Commission did not find any other circumstances that would warrant conducting full reviews.1 Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). For further information concerning the conduct of these reviews and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). Please note the Secretary’s Office will accept only electronic filings at this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Staff report.—A staff report containing information concerning the subject matter of the reviews will be placed in the nonpublic record on May 11, 2021, and made available to persons on the Administrative Protective Order service list for these reviews. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in section 207.62(d) of the Commission’s rules, interested parties that are parties to the reviews and that have provided individually adequate responses to the notice of institution,2 and any party other than an interested party to the reviews may file written comments with the Secretary on what determination the Commission should reach in the reviews. Comments are due on or before May 18, 2021 and may not contain new factual information. Any person that is neither a party to the five-year reviews nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the reviews by May 18, 2021. However, should the Department of Commerce (‘‘Commerce’’) extend the time limit for its completion of the final results of its reviews, the deadline for 1 A record of the Commissioners’ votes is available from the Office of the Secretary and at the Commission’s website. 2 The Commission has found a joint response to its notice of institution filed on behalf of American Cast Iron Pipe Company, Axis Pipe and Tube, California Steel Industries, IPSCO Tubulars Inc., Maverick Tube Corporation, Stupp Corporation, Tex-Tube Company, and Welspun Tubular LLC, and Wheatland Tube Company, domestic producers of certain welded line pipe, to each be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 24884-24889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09222]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[212A2100DD/AAKC001030/A0A501010.999900]


Rate Adjustments for Indian Irrigation Projects

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Indian Affairs (BIA) owns or has an interest in 
irrigation projects located on or associated with various Indian 
reservations throughout the United States. We are required to establish 
irrigation assessment rates to recover the costs to administer, 
operate, maintain, and rehabilitate these projects. We request your 
comments on the proposed rate adjustments.

DATES: Interested parties may submit comments on the proposed rate 
adjustments on or before July 9, 2021.

ADDRESSES: You may send comments on the proposed rate adjustments via 
email to [email protected]. Please reference ``Rate Adjustments for 
Indian Irrigation Projects'' in the subject line. Or you may submit 
comments to the Chief, Division of Water and Power, Office of Trust 
Services, 13922 Denver West Parkway, Suite 300, Lakewood, Colorado 
80401.
    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) 2022 for all 
irrigation projects.

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

    In this notice:
    Administrative costs mean all costs we incur to administer our 
irrigation projects at the local project level and are a cost factor 
included in calculating your operation and maintenance assessment. 
Costs incurred at the local project level do not normally include 
agency, region, or central office costs unless we state otherwise in 
writing.
    Assessable acre means lands designated by us to be served by one of 
our irrigation projects, for which we collect assessments in order to 
recover costs for the provision of irrigation service. (See total 
assessable acres.)
    BIA means the Bureau of Indian Affairs.
    Bill means our statement to you of the assessment charges and/or 
fees you owe the United States for administration, operation, 
maintenance, and/or rehabilitation. The date we mail or hand-deliver 
your bill will be stated on it.
    Costs 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

[[Page 24885]]

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 mean 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 Publishing Office at https://www.gpo.gov.

Why are you publishing this notice?

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

What authorizes you to issue this notice?

    Our authority to issue this notice is vested in the Secretary of 
the Interior by 5 U.S.C. 301 and the Act of August 14, 1914 (38 Stat. 
583; 25 U.S.C. 385). The Secretary has in turn delegated this authority 
to the Assistant Secretary--Indian Affairs under Part 209, Chapter 
8.1A, of the Department of the Interior's Departmental Manual.

When will you put the rate adjustments into effect?

    We will put the rate adjustments into effect for CY 2022.

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

[[Page 24886]]

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 are required to assess interest, penalties, and 
administrative costs on past due bills in accordance with 31 U.S.C. 
3717 and 31 CFR 901.9. The rate of interest is established annually by 
the Secretary of the United States Treasury (Treasury) and accrues from 
the date your bill is past due. If your bill becomes more than 90 days 
past due, you will be assessed a penalty charge of no more than six 
percent per year, which accrues from the date your bill became past 
due. Each time we try to collect your past due bill, you will be 
charged an administrative fee of $12.50 for processing and handling.

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 transfer your past due bill to Treasury 
for further action. Pursuant to 31 CFR 285.12, bills that are 120 days 
past due will be transferred to Treasury.

Who can I contact for further information?

    The following tables are the regional and project/agency contacts 
for our irrigation facilities.

------------------------------------------------------------------------
           Project name                Project 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  Larry Nelson, Acting Irrigation
                                     Project Manager, P.O. Box 40,
                                     Pablo, MT 59855, Telephone: (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.........  Pete Plant, Project Administrator,
                                     413 South Camas Avenue, Wapato, WA
                                     98951-0220, Telephone: (509) 877-
                                     3155 Project Administrator.
------------------------------------------------------------------------
                     Rocky Mountain Region Contacts
------------------------------------------------------------------------
   Susan Messerly, 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,
                                     Richard Green, 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) 247-7469 Irrigation Project
                                     Manager.
Fort Belknap Irrigation Project...  Mark Azure, Superintendent, Jim
                                     Gappa, Irrigation Project Manager
                                     (BIA), (Project operation &
                                     maintenance contracted to Fort
                                     Belknap Indian Community under PL
                                     93-638), 158 Tribal Way, Suite B,
                                     Harlem, MT 59526, Telephones: (406)
                                     353-2901 Superintendent, (406) 353-
                                     8466 Irrigation Project Manager
                                     (Tribal Office).
Fort Peck Irrigation Project......  Anna Eder, 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 Wind River 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.  Davetta Ameelyenah, Superintendent,
                                     Gary Colvin, Irrigation Project
                                     Manager, 12124 1st Avenue, Parker,
                                     AZ 85344, Telephone: (928) 669-
                                     7111.

[[Page 24887]]

 
Duck Valley Irrigation Project....  Joseph McDade, Superintendent,
                                     (Project operation & maintenance
                                     compacted to Shoshone-Paiute Tribes
                                     under PL 93-638), 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, Kyle
 (Indian Works and Joint Works).     Varvel, Acting Supervisory Civil
                                     Engineer, (Portions of Indian Works
                                     operation & maintenance compacted
                                     to Gila River Indian Community
                                     under PL 93-638), 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...  Gerry Emm, Acting Superintendent,
                                     311 East Washington Street, Carson
                                     City, NV 89701, Telephone: (775)
                                     887-3500.
------------------------------------------------------------------------

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

    The rate table below contains current final CY 2021 rates for 
irrigation projects where we recover costs of administering, operating, 
maintaining, and rehabilitating them. The table also contains proposed 
CY 2022 rates for all irrigation projects. An asterisk immediately 
following the rate category notes irrigation projects where rates are 
proposed for adjustment.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                            Final 2021     Proposed 2022
                                     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           62.50
                                                                                       Minimum Charge per tract *.......           39.00           40.00
Fort Hall Irrigation Project--Minor Units............................................  Basic per acre *.................           38.00           41.00
                                                                                       Minimum Charge per tract *.......           39.00           40.00
Fort Hall Irrigation Project--Michaud Unit...........................................  Basic per acre *.................           63.50           68.50
                                                                                       Pressure per acre *..............           99.50          106.50
                                                                                       Minimum Charge per tract *.......           39.00           40.00
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...................           20.50           20.50
Crow Irrigation Project--Willow Creek O&M (includes Agency, Lodge Grass #1, Lodge      Basic-per acre...................           28.50           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...................           28.50           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           18.00
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

[[Page 24888]]

 
                                                                                       Basic-per acre *.................           22.00           22.50
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Western Region Rate Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Colorado River Irrigation Project....................................................  Basic per acre up to 5.75 acre-             61.50           64.00
                                                                                        feet *.
                                                                                       Excess Water per acre-foot over             18.00           18.00
                                                                                        5.75 acre-feet.
Duck Valley Irrigation Project.......................................................  Basic per acre...................            5.30            5.30
Yuma Project, Indian Unit (See Note #2)..............................................  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 #3)............................  Basic per acre *.................           25.78           26.00
--------------------------------------------------------------------------------------------------------------------------------------------------------


 
                                                                                        Proposed 2022 Construction Water Rate Schedule:
                                                                     -----------------------------------------------------------------------------------
                                                                                                                   On project             On project
                                                                                            Off project      construction--gravity    construction--pump
                                                                                            construction             water                  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    No Charge..............  No Charge.
                                                                       [dagger].          gal..
--------------------------------------------------------------------------------------------------------------------------------------------------------


 
                                                                                                                            Final 2021     Proposed 2022
                                     Project name                                                Rate category                 rate            rate
--------------------------------------------------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project (Indian Works) (See Note #4)...........................  Basic per acre *.................          $97.78          $90.50
Uintah Irrigation Project............................................................  Basic per acre...................           23.00           23.00
                                                                                       Minimum Bill.....................           25.00           25.00
Walker River Irrigation Project......................................................  Basic per acre...................           31.00           31.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Notes irrigation projects where rates are adjusted.
+ These rates have not yet been determined.
[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 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 $151.00 for 2021 but
  has not been established for 2022. 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 2021 (85 FR 47235 (August 4, 2020)) BIA rate component is $3.50/acre. The proposed 2022 BIA rate component
  is $4.00/acre.
Note #3 The Construction Water Rate Schedule identifies fees assessed for use of irrigation water for non-irrigation purposes.
Note #4 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, the owner and operator of the Project; the final 2021 rate is $56.00 per acre, and proposed 2022 rate is $56.50 per
  acre. The second component is established by the San Carlos Irrigation Project--Joint Works; the 2021 rate is $25.78 per acre, and proposed 2022 rate
  is $26.00 per acre. The third component is established by the San Carlos Irrigation Project Joint Control Board; the 2021 rate is $16.00 per acre, and
  2022 rate is $8.00 per acre.

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).

[[Page 24889]]

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.

Bryan Newland,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2021-09222 Filed 5-7-21; 8:45 am]
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