Rate Adjustments for Indian Irrigation Projects, 2965-2970 [2023-00863]
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Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / Notices
Permits issued under section 10(a)(1)(A)
of the ESA allow otherwise prohibited
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V. Authority
We issue this notice under the
authority of the Endangered Species Act
of 1973, as amended (16 U.S.C. 1531 et
seq.), and its implementing regulations.
Brenda Tapia,
Supervisory Program Analyst/Data
Administrator, Branch of Permits, Division
of Management Authority.
[FR Doc. 2023–00883 Filed 1–17–23; 8:45 am]
BILLING CODE 4333–15–P
III. Permit Applications
We invite comments on the following
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Applicant: International Center for The
Preservation of Wild Animals dba The
Wilds, Cumberland, OH; Permit No.
PER0092994
The applicant requests a permit to
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This notification is for a single export.
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On April 11, 2022, we published a
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public to comment on an application for
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We are now reopening the comment
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omezeny´m), Czech Republic, for the
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is for a single import.
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IV. Next Steps
After the comment period closes, we
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announcing the permit issuance by
searching https://www.regulations.gov
for the permit number listed above in
this document. For example, to find
information about the potential issuance
of Permit No. 12345A, you would go to
regulations.gov and search for
‘‘12345A’’.
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[234A2100DD/AAKC001030/
A0A501010.999900]
Rate Adjustments for Indian Irrigation
Projects
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
The Bureau of Indian Affairs
(BIA) owns or has an interest in
irrigation projects located on or
associated with various Indian
reservations throughout the United
States. We are required to establish
irrigation assessment rates to recover the
costs to administer, operate, maintain,
and rehabilitate these projects. We
request your comments on the proposed
rate adjustments.
DATES: Interested parties may submit
comments on the proposed rate
adjustments on or before March 20,
2023.
SUMMARY:
All comments on the
proposed rate adjustments must be in
writing. You may send comments 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
Program Specialist, Division of Water
and Power, Office of Trust Services,
2021 4th Avenue North, Billings,
Montana 59101.
FOR FURTHER INFORMATION CONTACT:
Leslie Underwood, Program Specialist,
Division of Water and Power, Office of
Trust Services, (406) 657–5985. For
details about a particular irrigation
project, please use the table in the
SUPPLEMENTARY INFORMATION section to
contact the BIA 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
ADDRESSES:
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proposed rates for calendar year (CY)
2024 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
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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 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.
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Where can I get information on the
regulatory and legal citations in this
notice?
You can contact the appropriate
office(s) for the irrigation project that
serves you. Please use the table in the
SUPPLEMENTARY INFORMATION section to
contact the regional or local office
where the project is located.
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
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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 2024.
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.
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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
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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.
2967
Are there any additional charges if I am
late paying my bill?
charged an administrative fee of $12.50
for processing and handling.
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
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 contact table below contains the
regional and project/agency contacts for
our irrigation facilities.
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, 220 Project Drive, St. Ignatius, MT 59865. Telephone:
(406) 745–2661.
David Bollinger, Irrigation Project Manager, 36 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.
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 ...........
Kenneth Bird, Superintendent, Greg Tatsey, Irrigation Project Manager, P.O. Box 880, Browning, MT
59417. Telephones: Superintendent (406) 338–7544; Irrigation Project Manager (406) 338–7519.
Clifford Serawop, Superintendent, Jim Gappa, Acting Irrigation Project Manager (BIA), (Project O&M performed by Water Users Association), P.O. Box 69, Crow Agency, MT 59022. Telephones: Superintendent (406) 638–2672; Acting Irrigation Project Manager (406) 247–7998.
Mark Azure, Superintendent, Jim Gappa, Acting Irrigation Project Manager (BIA), (Project O&M contracted
to Tribes under PL 93–638),158 Tribal Way, Suite B, Harlem, MT 59526. Telephones: Superintendent
(406) 353–2901; Irrigation Project Manager, Tribal Office (406) 353–8454.
Anna Eder, Superintendent, Jim Gappa, Acting Irrigation Project Manager (BIA), (Project O&M performed
by Fort Peck Water Users Association), P.O. Box 637, Poplar, MT 59255. Telephones: Superintendent
(406) 768–5312; Acting Irrigation Project Manager (406) 247–7998.
Leslie Shakespeare, Superintendent, Jim Gappa, Acting Irrigation Project Manager (BIA), (Project O&M for
Little Wind, Johnstown, and Lefthand Units contracted to Tribes under PL 93–638; Little Wind-Ray and
Upper Wind Units O&M performed by Ray Canal, A Canal, and Crowheart Water Users Associations),
P.O. Box 158, Fort Washakie, WY 82514. Telephones: Superintendent (307) 332–7810; Acting Irrigation
Project Manager (406) 247–7998.
Southwest Region Contacts
Patricia L. Mattingly, Regional Director, Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School Road NW, 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: Superintendent (970) 563–4511; Irrigation Project Manager (970) 563–9484.
Western Region Contacts
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Jessie Durham, Acting 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 ...............
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Davetta Ameelyenah, Superintendent, Gary Colvin, Irrigation Project Manager, 12124 1st Avenue, Parker,
AZ 85344. Telephones: Superintendent (928) 669–7111; (928) 662–4392 Irrigation Project Manager.
Joseph McDade, Superintendent, (Project O&M compacted to Shoshone-Paiute Tribes under PL 93–638),
2719 Argent Avenue, Suite 4, Gateway Plaza, Elko, NV 89801. Telephones: Superintendent (775) 738–
5165; Tribal Office (208) 759–3100.
Denni Shields, Superintendent, (Bureau of Reclamation (BOR) owns the Project and is responsible for
O&M), 256 South Second Avenue, Suite D, Yuma, AZ 85364. Telephones: Superintendent (928) 782–
1202; BOR Area Office Manager (928) 343–8100.
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San Carlos Irrigation Project (Indian
Works and Joint Works).
Uintah Irrigation Project ..................
Walker River Irrigation Project ........
Ferris Begay, Project Manager (BIA), Clarence Begay, Supervisory Civil Engineer (BIA), (Portions of Indian
Works O&M compacted to Gila River Indian Community under PL 93–638), 13805 North Arizona Boulevard, Coolidge, AZ 85128. Telephones: Project Manager (520) 723–6225; Supervisory Civil Engineer
(520) 723–6203; Gila River Indian Irrigation & Drainage District (520) 562–6720.
Antonio Pingree, Superintendent, Ken Asay, Irrigation System Manager (BIA), (Project O&M performed by
Uintah Indian Irrigation Project Operation and Maintenance Company), P.O. Box 130, Fort Duchesne,
UT 84026. Telephones: Superintendent (435) 722–4300; Irrigation System Manager (435) 722–4344;
Uintah Indian Irrigation Operation and Maintenance Company (435) 724–5200.
Thomas Hemstreet, Acting Superintendent, 311 East Washington Street, Carson City, NV 89701. Telephone: (775) 887–3501.
What irrigation assessments or charges
are proposed for adjustment by this
notice?
The rate table below contains final CY
2023 rates for irrigation projects where
we recover costs of administering,
operating, maintaining, and
rehabilitating them. The table also
contains proposed CY 2024 rates for all
irrigation projects. An asterisk
Project name
immediately following the rate category
notes irrigation projects where rates are
proposed for adjustment.
Final
2023 rate
Rate category
Proposed
2024 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 * ............................................................
$35.50
17.75
75.00
64.50
41.00
45.00
41.00
73.50
114.00
41.00
25.00
25.00
30.00
30.00
79.00
79.00
85.00
80.00
80.00
90.00
90.00
$39.00
19.50
75.00
65.50
41.00
45.00
41.00
75.00
116.50
41.00
28.00
28.00
35.00
35.00
100.00
86.00
92.00
100.00
87.00
100.00
100.00
Basic-per acre * ............................................................
Basic-per acre * ............................................................
20.50
29.00
21.50
30.00
Basic-per acre * ............................................................
29.00
30.00
Basic-per
Basic-per
Basic-per
Basic-per
Basic-per
Basic-per
Basic-per
acre * ............................................................
acre * ............................................................
acre * ............................................................
acre * ............................................................
acre * ............................................................
acre * ............................................................
acre ..............................................................
14.00
2.00
19.00
28.00
25.00
22.00
47.00
15.00
3.00
20.00
29.00
26.00
23.00
47.00
Basic-per acre ..............................................................
Basic-per acre ..............................................................
Basic-per acre ..............................................................
16.50
16.50
30.65
16.50
16.50
30.65
75.00
23.00
75.00
23.50
64.00
18.00
64.00
18.00
Rocky Mountain Region Rate Table
Blackfeet Irrigation Project ...........................................
Crow Irrigation Project—Willow Creek O&M (includes
Agency, Lodge Grass #1, Lodge Grass #2, Reno,
Upper Little Horn, and Forty Mile Units).
Crow Irrigation Project—All Others (includes Bighorn,
Soap Creek, and Pryor Units).
Crow Irrigation Project—Two Leggins Unit ..................
Crow Irrigation Two Leggins Drainage District ............
Fort Belknap Irrigation Project ......................................
Fort Peck Irrigation Project ...........................................
Wind River Irrigation Project—Units 2, 3 and 4 ...........
Wind River Irrigation Project—Unit 6 ...........................
Wind River Irrigation Project—LeClair District (See
Note #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).
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Southwest Region Rate Table
Pine River Irrigation Project .........................................
Minimum Charge per tract ............................................
Basic-per acre * ............................................................
Western Region Rate Table
Colorado River Irrigation Project ..................................
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Basic per acre up to 5.75 acre-feet .............................
Excess Water per acre-foot over 5.75 acre-feet ..........
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Final
2023 rate
Project name
Rate category
Duck Valley Irrigation Project .......................................
Yuma Project, Indian Unit (See Note #2) ....................
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) ..............
Proposed
2024 rate
5.30
161.00
30.00
161.00
Project name
Rate category
Final
2023 rate
San Carlos Irrigation Project (Joint Works) (See Note #3) ........................
Basic per acre
$26.00 ............
5.30
(+)
(+)
(+)
Proposed
2024 rate
$26.00.
Proposed 2024 Construction Water Rate Schedule:
Off Project Construction.
Administrative
Fee.
Usage Fee .......
Excess Water
Rate †.
$300.00 ............
$250.00 per
month.
$5.00 per 1,000
gal.
On Project
Construction—Gravity
Water.
$300.00 ..........
On Project
Construction—Pump
Water.
$300.00.
No Fee ...........
$100.00 per
acre foot.
No Charge.
No Charge .....
Final
2023 rate
Proposed
2024 rate
Project name
Rate category
San Carlos Irrigation Project (Indian Works) (See
Note #4).
Uintah Irrigation Project ................................................
Basic per acre * ............................................................
$90.50
$99.62
Basic per acre ..............................................................
Minimum Bill .................................................................
Basic per acre ..............................................................
23.00
25.00
31.00
23.00
25.00
31.00
Walker River Irrigation Project .....................................
* 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
$157.00 for 2023 but has not been established for 2024. 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 2023 BIA rate component is $4.00 per acre. The proposed 2024 BIA rate
component is $4.00 per 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 BIA
San Carlos Irrigation Project—Indian Works, the owner and operator of the Project; the final 2023 rate is $56.50 per acre, and proposed 2024
rate is $55.85 per acre. The second component is established by BIA San Carlos Irrigation Project—Joint Works; the final 2023 rate is $26.00
per acre, and proposed 2024 rate is $26.00 per acre. The third component is established by the San Carlos Irrigation Project Joint Control Board
(comprised of representatives from the Gila River Indian Community and the San Carlos Irrigation and Drainage District); the 2023 rate is $8.00
per acre (revised from $16.94 per acre), and 2024 rate is $17.77 per acre.
lotter on DSK11XQN23PROD with NOTICES1
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
VerDate Sep<11>2014
17:41 Jan 17, 2023
Jkt 259001
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.
PO 00000
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
Frm 00093
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Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / Notices
National Environmental Policy Act
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.).
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.
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.
lotter on DSK11XQN23PROD with NOTICES1
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.
Jkt 259001
[FR Doc. 2023–00863 Filed 1–17–23; 8:45 am]
BILLING CODE 4337–15–P
[234D0102DM/DS62400000/DLSN00000/
000000/DX62401]
Authority
FY 2020 Service Contract Inventory
The authority for this action is the
Consolidated Appropriations Act of
2010 (Pub. L. 111–117).
Office of Acquisition and
Property Management, Interior.
ACTION: Notice of public availability.
Megan Olsen,
Director, Office of Acquisition and Property
Management.
AGENCY:
The Department of the
Interior is publishing this notice to
advise the public of the availability of
the Fiscal Year (FY) 2020 Service
Contract Inventory, in accordance with
section 743 of Division C of the
Consolidated Appropriations Act of
2010.
SUMMARY:
Federalism (Executive Order 13132)
17:41 Jan 17, 2023
Bryan Newland,
Assistant Secretary—Indian Affairs.
DEPARTMENT OF THE INTERIOR
Takings (Executive Order 12630)
VerDate Sep<11>2014
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.
System (FPDS) and the System for
Award Management (SAM) and the
consolidated output file is posted for
public use.
The Inventory provides information
on service contract actions over $25,000
that the Department made in FY 2020.
The information is organized by
function to show how contracted
resources are distributed throughout the
Department. The Department’s analysis
of its Service Contract Inventory is
summarized in the FY 2020 Service
Contract Inventory Report. The 2020
Report was developed in accordance
with guidance issued on December 19,
2011, and November 5, 2010, by the
Office of Management and Budget’s
Office of Federal Procurement Policy.
Obtaining Documents: The
Office of Federal Procurement Policy
(OFPP) guidance is available online.
The Department of the Interior has
posted its FY 2020 Service Contract
Inventory on the Office of Acquisition
and Property Management portion of the
Department of the Interior website.
FOR FURTHER INFORMATION CONTACT:
Valerie Green, Acquisition Analyst,
Policy Branch, Office of Acquisition and
Property Management (PAM),
Department of the Interior. Phone
number: 202–513–0797, Email: Valerie_
green@ios.doi.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Introduction
Section 743 of Division C of the
Consolidated Appropriations Act of
2010 (Pub. L. 111–117) requires civilian
agencies to prepare an annual inventory
of their service contracts. The analyses
help inform agency managers whether
contractors are being used appropriately
or if rebalancing the workforce may be
required.
In addition to the agency analyses, the
process includes extracting contract
data from the Federal Procurement Data
PO 00000
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[FR Doc. 2023–00787 Filed 1–17–23; 8:45 am]
BILLING CODE 4334–63–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1575 and 731–
TA–1577 (Final)]
Emulsion Styrene-Butadiene Rubber
From Czechia and Russia; Corrected
Determinations
U.S. International Trade
Commission.
AGENCY:
ACTION:
Notice; correction.
Correction is made to the date
determinations in these investigations
were completed and filed.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of January 9,
2023 (88 FR 1292) in FR Doc. 2023–
00145, on page 1292, in the second
column, in the Background section, the
date the determinations were completed
and filed should be January 3, 2023.
Issued: January 11, 2023.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2023–00860 Filed 1–17–23; 8:45 am]
BILLING CODE 7020–02–P
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]]>Agencies
[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Notices]
[Pages 2965-2970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00863]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[234A2100DD/AAKC001030/A0A501010.999900]
Rate Adjustments for Indian Irrigation Projects
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Affairs (BIA) owns or has an interest in
irrigation projects located on or associated with various Indian
reservations throughout the United States. We are required to establish
irrigation assessment rates to recover the costs to administer,
operate, maintain, and rehabilitate these projects. We request your
comments on the proposed rate adjustments.
DATES: Interested parties may submit comments on the proposed rate
adjustments on or before March 20, 2023.
ADDRESSES: All comments on the proposed rate adjustments must be in
writing. You may send comments via email to [email protected]. Please
reference ``Rate Adjustments for Indian Irrigation Projects'' in the
subject line. Or you may submit comments to the Program Specialist,
Division of Water and Power, Office of Trust Services, 2021 4th Avenue
North, Billings, Montana 59101.
FOR FURTHER INFORMATION CONTACT: Leslie Underwood, Program Specialist,
Division of Water and Power, Office of Trust Services, (406) 657-5985.
For details about a particular irrigation project, please use the table
in the SUPPLEMENTARY INFORMATION section to contact the BIA 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) 2024 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
[[Page 2966]]
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 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) for the irrigation
project that serves you. Please use the table in the SUPPLEMENTARY
INFORMATION section to contact the regional or local office where the
project is located.
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 2024.
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
[[Page 2967]]
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 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 contact table below contains the regional and project/agency
contacts for our irrigation facilities.
------------------------------------------------------------------------
------------------------------------------------------------------------
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, 220 Project Drive,
St. Ignatius, MT 59865. Telephone:
(406) 745-2661.
Fort Hall Irrigation Project...... David Bollinger, Irrigation Project
Manager, 36 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.
------------------------------------------------------------------------
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...... Kenneth Bird, Superintendent, Greg
Tatsey, Irrigation Project Manager,
P.O. Box 880, Browning, MT 59417.
Telephones: Superintendent (406)
338-7544; Irrigation Project
Manager (406) 338-7519.
Crow Irrigation Project........... Clifford Serawop, Superintendent,
Jim Gappa, Acting Irrigation
Project Manager (BIA), (Project O&M
performed by Water Users
Association), P.O. Box 69, Crow
Agency, MT 59022. Telephones:
Superintendent (406) 638-2672;
Acting Irrigation Project Manager
(406) 247-7998.
Fort Belknap Irrigation Project... Mark Azure, Superintendent, Jim
Gappa, Acting Irrigation Project
Manager (BIA), (Project O&M
contracted to Tribes under PL 93-
638),158 Tribal Way, Suite B,
Harlem, MT 59526. Telephones:
Superintendent (406) 353-2901;
Irrigation Project Manager, Tribal
Office (406) 353-8454.
Fort Peck Irrigation Project...... Anna Eder, Superintendent, Jim
Gappa, Acting Irrigation Project
Manager (BIA), (Project O&M
performed by Fort Peck Water Users
Association), P.O. Box 637, Poplar,
MT 59255. Telephones:
Superintendent (406) 768-5312;
Acting Irrigation Project Manager
(406) 247-7998.
Wind River Irrigation Project..... Leslie Shakespeare, Superintendent,
Jim Gappa, Acting Irrigation
Project Manager (BIA), (Project O&M
for Little Wind, Johnstown, and
Lefthand Units contracted to Tribes
under PL 93-638; Little Wind-Ray
and Upper Wind Units O&M performed
by Ray Canal, A Canal, and
Crowheart Water Users
Associations), P.O. Box 158, Fort
Washakie, WY 82514. Telephones:
Superintendent (307) 332-7810;
Acting Irrigation Project Manager
(406) 247-7998.
------------------------------------------------------------------------
Southwest Region Contacts
------------------------------------------------------------------------
Patricia L. Mattingly, Regional Director, Bureau of Indian Affairs,
Southwest Regional Office, 1001 Indian School Road NW, 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:
Superintendent (970) 563-4511;
Irrigation Project Manager (970)
563-9484.
------------------------------------------------------------------------
Western Region Contacts
------------------------------------------------------------------------
Jessie Durham, Acting 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. Telephones:
Superintendent (928) 669-7111;
(928) 662-4392 Irrigation Project
Manager.
Duck Valley Irrigation Project.... Joseph McDade, Superintendent,
(Project O&M compacted to Shoshone-
Paiute Tribes under PL 93-638),
2719 Argent Avenue, Suite 4,
Gateway Plaza, Elko, NV 89801.
Telephones: Superintendent (775)
738-5165; Tribal Office (208) 759-
3100.
Yuma Project, Indian Unit......... Denni Shields, Superintendent,
(Bureau of Reclamation (BOR) owns
the Project and is responsible for
O&M), 256 South Second Avenue,
Suite D, Yuma, AZ 85364.
Telephones: Superintendent (928)
782-1202; BOR Area Office Manager
(928) 343-8100.
[[Page 2968]]
San Carlos Irrigation Project Ferris Begay, Project Manager (BIA),
(Indian Works and Joint Works). Clarence Begay, Supervisory Civil
Engineer (BIA), (Portions of Indian
Works O&M compacted to Gila River
Indian Community under PL 93-638),
13805 North Arizona Boulevard,
Coolidge, AZ 85128. Telephones:
Project Manager (520) 723-6225;
Supervisory Civil Engineer (520)
723-6203; Gila River Indian
Irrigation & Drainage District
(520) 562-6720.
Uintah Irrigation Project......... Antonio Pingree, Superintendent, Ken
Asay, Irrigation System Manager
(BIA), (Project O&M performed by
Uintah Indian Irrigation Project
Operation and Maintenance Company),
P.O. Box 130, Fort Duchesne, UT
84026. Telephones: Superintendent
(435) 722-4300; Irrigation System
Manager (435) 722-4344; Uintah
Indian Irrigation Operation and
Maintenance Company (435) 724-5200.
Walker River Irrigation Project... Thomas Hemstreet, Acting
Superintendent, 311 East Washington
Street, Carson City, NV 89701.
Telephone: (775) 887-3501.
------------------------------------------------------------------------
What irrigation assessments or charges are proposed for adjustment by
this notice?
The rate table below contains final CY 2023 rates for irrigation
projects where we recover costs of administering, operating,
maintaining, and rehabilitating them. The table also contains proposed
CY 2024 rates for all irrigation projects. An asterisk immediately
following the rate category notes irrigation projects where rates are
proposed for adjustment.
----------------------------------------------------------------------------------------------------------------
Final 2023 Proposed 2024
Project name Rate category rate rate
----------------------------------------------------------------------------------------------------------------
Northwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Flathead Irrigation Project................... Basic per acre--A *............. $35.50 $39.00
Basic per acre--B *............. 17.75 19.50
Minimum Charge per tract........ 75.00 75.00
Fort Hall Irrigation Project.................. Basic per acre *................ 64.50 65.50
Minimum Charge per tract........ 41.00 41.00
Fort Hall Irrigation Project--Minor Units..... Basic per acre.................. 45.00 45.00
Minimum Charge per tract........ 41.00 41.00
Fort Hall Irrigation Project--Michaud Unit.... Basic per acre *................ 73.50 75.00
Pressure per acre *............. 114.00 116.50
Minimum Charge per tract........ 41.00 41.00
Minimum Charge per bill *....... 25.00 28.00
Wapato Irrigation Project--Toppenish/Simcoe Basic per acre *................ 25.00 28.00
Units.
Wapato Irrigation Project--Ahtanum Units...... Minimum Charge per bill *....... 30.00 35.00
Basic per acre *................ 30.00 35.00
Wapato Irrigation Project--Satus Unit......... Minimum Charge per bill *....... 79.00 100.00
``A'' Basic per acre *.......... 79.00 86.00
``B'' Basic per acre *.......... 85.00 92.00
Wapato Irrigation Project--Additional Works... Minimum Charge per bill *....... 80.00 100.00
Basic per acre *................ 80.00 87.00
Wapato Irrigation Project--Water Rental....... Minimum Charge per bill *....... 90.00 100.00
Basic per acre *................ 90.00 100.00
----------------------------------------------------------------------------------------------------------------
Rocky Mountain Region Rate Table
----------------------------------------------------------------------------------------------------------------
Blackfeet Irrigation Project.................. Basic-per acre *................ 20.50 21.50
Crow Irrigation Project--Willow Creek O&M Basic-per acre *................ 29.00 30.00
(includes Agency, Lodge Grass #1, Lodge Grass
#2, Reno, Upper Little Horn, and Forty Mile
Units).
Crow Irrigation Project--All Others (includes Basic-per acre *................ 29.00 30.00
Bighorn, Soap Creek, and Pryor Units).
Crow Irrigation Project--Two Leggins Unit..... Basic-per acre *................ 14.00 15.00
Crow Irrigation Two Leggins Drainage District. Basic-per acre *................ 2.00 3.00
Fort Belknap Irrigation Project............... Basic-per acre *................ 19.00 20.00
Fort Peck Irrigation Project.................. Basic-per acre *................ 28.00 29.00
Wind River Irrigation Project--Units 2, 3 and Basic-per acre *................ 25.00 26.00
4.
Wind River Irrigation Project--Unit 6......... Basic-per acre *................ 22.00 23.00
Wind River Irrigation Project--LeClair Basic-per acre.................. 47.00 47.00
District (See Note #1).
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 Basic-per acre.................. 30.65 30.65
Irrigation District (See Note #1).
----------------------------------------------------------------------------------------------------------------
Southwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Pine River Irrigation Project................. Minimum Charge per tract........ 75.00 75.00
Basic-per acre *................ 23.00 23.50
----------------------------------------------------------------------------------------------------------------
Western Region Rate Table
----------------------------------------------------------------------------------------------------------------
Colorado River Irrigation Project............. Basic per acre up to 5.75 acre- 64.00 64.00
feet.
Excess Water per acre-foot over 18.00 18.00
5.75 acre-feet.
[[Page 2969]]
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- 161.00 (+)
feet.
Excess Water per acre-foot over 30.00 (+)
5.0 acre-feet.
Basic per acre up to 5.0 acre- 161.00 (+)
feet (Ranch 5).
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Project name Rate category Final............. Proposed
2023 rate......... 2024 rate
----------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project Basic per acre $26.00............ $26.00.
(Joint Works) (See Note #3).
----------------------------------------------------------------------------------------------------------------
Proposed 2024 Construction Water Rate Schedule:
----------------------------------------------------------------------------------
Off Project On Project On Project
Construction. Construction--Gra Construction--Pum
vity Water. p Water.
Administrative Fee.. $300.00............ $300.00........... $300.00.
Usage Fee........... $250.00 per month.. No Fee............ $100.00 per acre
foot.
Excess Water Rate $5.00 per 1,000 gal No Charge......... No Charge.
[dagger].
----------------------------------------------------------------------------------------------------------------
Final 2023 Proposed 2024
Project name Rate category rate rate
----------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project (Indian Works) Basic per acre *................ $90.50 $99.62
(See Note #4).
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 $157.00 for 2023 but has not been established for 2024. 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 2023 BIA rate component is $4.00 per acre. The proposed 2024 BIA
rate component is $4.00 per 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 BIA San Carlos Irrigation Project--Indian Works, the owner and operator of the
Project; the final 2023 rate is $56.50 per acre, and proposed 2024 rate is $55.85 per acre. The second
component is established by BIA San Carlos Irrigation Project--Joint Works; the final 2023 rate is $26.00 per
acre, and proposed 2024 rate is $26.00 per acre. The third component is established by the San Carlos
Irrigation Project Joint Control Board (comprised of representatives from the Gila River Indian Community and
the San Carlos Irrigation and Drainage District); the 2023 rate is $8.00 per acre (revised from $16.94 per
acre), and 2024 rate is $17.77 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
[[Page 2970]]
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.
Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2023-00863 Filed 1-17-23; 8:45 am]
BILLING CODE 4337-15-P
