Rate Adjustments for Indian Irrigation Projects, 65384-65389 [2024-17669]
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65384
200.400
Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Notices
Warning Signs Required
1. Any person in possession of a valid
retail liquor license, who sells liquor by
the drink for consumption on the
premises or sells for consumption off
the premises, shall post a sign informing
the public of the effects and risks of
alcohol consumption during pregnancy
as required under this section.
2. The sign shall:
(a) Contain the message: ‘‘Pregnancy
and alcohol do not mix. Drinking
alcoholic beverages, including wine,
coolers and beer, during pregnancy can
cause birth defects.’’
(b) Be either:
(1) A large sign, no smaller than eight
and one-half inches by 11 inches in size
with lettering no smaller than fiveeighths of an inch in height; or
(2) A reduced sign, five by seven
inches in size with lettering of the same
proportion as the large sign described in
paragraph (1) of this subsection.
(c) Contain a graphic depiction of the
message to assist nonreaders in
understanding the message. The
depiction of a pregnant female shall be
universal and shall not reflect a specific
race or culture.
(d) Be in English unless a significant
number of the patrons of the retail
premises use a language other than
English as a primary language. In such
cases, the sign shall be worded both in
English and the primary language or
languages of the patrons.
(e) Be displayed on the premises of all
licensed retail liquor premises as either
a large sign at the point of entry, or a
reduced sized sign at points of sale.
200.500
Violations of this Ordinance
1. Any person who violates the
provisions of this Ordinance is deemed
to have consented to the jurisdiction of
the Tribal Court and may be subject to
a civil penalty in Tribal Court for a civil
violation. Such civil penalty shall not
exceed the sums described in CITC
Chapter 650.
2. Such civil violations shall be
prosecuted under the procedures set
forth in CITC Chapter 650.
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200.550
Administration
The Tribe’s executive director is
responsible for the administration of
this Ordinance. The executive director
may establish reasonable rules and
regulations necessary or appropriate to
carry out the purpose and intent of this
Ordinance. Violations of any rules and/
or regulations established by the
executive director pursuant to this
Ordinance will be subject to
enforcement as provided under this
Ordinance. No person may violate or
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fail to comply with any rule or
regulation established by the executive
director or willfully make any false or
misleading statement to the executive
director regarding information relevant
to the issuance of a license.
200.600 Severability
If a court of competent jurisdiction
finds any provision of this Ordinance to
be invalid or illegal under applicable
Federal or Tribal law, such provision
shall be severed from this Ordinance
and the remainder of this Ordinance
shall remain in full force and effect.
200.700 Compliance With 18 U.S.C.
1161
The Tribe will comply with Oregon
Liquor Laws to the extent required by 18
U.S.C. 1161.
200.800 Effective Date
This Ordinance shall be effective
upon publication in the Federal
Register after approval by the Secretary
of the Interior or his designee.
200.900 Sovereign Immunity
Nothing in this Ordinance waives the
sovereign immunity of the Coquille
Indian Tribe or any of its officers,
directors or employees.
[FR Doc. 2024–17673 Filed 8–8–24; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[245A2100DD/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 are
notifying you that we have adjusted the
irrigation assessment rates at several of
our irrigation projects and facilities to
reflect current costs of administration,
operation, maintenance, and
rehabilitation.
DATES: The 2025 Irrigation Assessment
Rates are effective on January 1, 2025.
FOR FURTHER INFORMATION CONTACT:
Leslie Underwood, Program Specialist,
SUMMARY:
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Division of Water and Power, Office of
Trust Services, (406) 657–5985. For
details about a particular BIA irrigation
project, please use the tables in the
SUPPLEMENTARY INFORMATION section to
contact the BIA regional or local office
where the irrigation project is located.
SUPPLEMENTARY INFORMATION: Notices of
Proposed Rate Adjustment were
published in the Federal Register on
February 8, 2024 (89 FR 8707) and May
6, 2024 (89 FR 37238) to propose
adjustments to the irrigation assessment
rates at several BIA irrigation projects.
The public and interested parties were
provided an opportunity to submit
written comments during the 60-day
period that ended April 8, 2024, and
July 5, 2024, respectively.
Did BIA defer or change any proposed
rate increases?
No. BIA did not defer or change any
proposed rate increases.
Did BIA receive any comments on the
proposed irrigation assessment rate
adjustments?
Yes. BIA received five (5) written
comments related to the proposed 2025
irrigation assessment rate adjustment for
the BIA Colorado River Irrigation Project
(CRIP). Comments were received by
letter and email.
What issues were of concern to the
commenters?
Comments received relate specifically
to the proposed 2025 rate adjustment for
CRIP and other issues associated only
with CRIP. BIA’s summary of the issues
and responses are provided below.
Comment: Four commenters state a
general opposition to the proposed CRIP
2025 rate increase because commenters
believe basic services, such as water
delivery, maintenance, and
measurements are not being provided.
The fifth commenter, Colorado River
Indian Tribes (CRIT), generally supports
the proposed 2025 rate adjustment and
recommends BIA increase future rates
because CRIT believes CRIP’s operations
and maintenance (O&M) are
underfunded. CRIT further requests that
the additional revenues from the rate
increase be used to improve system
performance and reliability.
Response: As noted when rates were
proposed in the Federal Register on
February 8, 2024 (89 FR 8707) and May
6, 2024 (89 FR 37238), BIA is required
to establish irrigation assessment rates
that recover the costs to administer,
operate, maintain, and rehabilitate our
projects. As owner of CRIP, BIA assesses
rates to ensure adequate resources are
made available to meet the requirements
noted above. BIA’s authority to assess
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Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Notices
rates is codified at 25 U.S.C. 381 et seq.
and is addressed in BIA’s regulations at
25 CFR part 171. See also February 29,
2008 (73 FR 11028). The procedures
followed by BIA in adjusting its
irrigation assessment rates are
consistent with applicable law and past
practice, and the methodology used by
BIA to determine the O&M assessment
rates for CRIP is reasonable.
The proposed 2025 irrigation
assessment adjustments for CRIP’s basic
per acre rate categories are necessary
and justified due to the increased costs
associated with administering,
operating, maintaining, and
rehabilitating CRIP. In accordance with
BIA financial guidelines and 25 CFR
part 171, BIA developed the CRIP
budget for 2025 expenditures and
income approximately two years in
advance. BIA relied on financial reports
generated by the Financial and Business
Management System and procurement
files to review past expenditures and
project a future budget. The CRIP
Project Manager also used his discretion
to assess and anticipate upcoming
financial needs and priorities. The 2025
expenses were then divided by the total
assessable acres within CRIP. The $5.00
per acre assessment increase for the
‘‘basic per acre’’ rate category is
necessary to ensure CRIP can pay its
anticipated expenses for 2025.
The BIA Colorado River Agency
Superintendent and CRIP Project
Manager routinely attend the CRIT
Irrigation Committee’s monthly
meetings to provide project updates and
explain proposed rate increases. BIA
also met with CRIT’s Tribal Council on
March 25, 2024. On March 28, 2024,
BIA held a water user meeting and
attendees included individual water
users, CRIT’s legal counsel, CRIT’s farm
director, and a U.S. Fish and Wildlife
Service biological science technician.
During all of these meetings, BIA
presented details supporting the 2025
budget, upcoming expenses, and the
proposed O&M assessment increase
from $64 to $69 per acre. BIA also
explained it provides irrigation service
commensurate with its resources,
meaning the $5.00 per acre assessment
increase is needed to improve the
project’s quality of service.
BIA agrees with commenters that
CRIP’s water measurement devices can
be operated and maintained better to
meet water delivery requirements, and
BIA is working to resolve this issue with
our contractors and experts. BIA is
addressing priority deferred
maintenance projects at CRIP by
providing supplemental funding,
engineering, design, and construction
resources to CRIP. From 2022 through
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2024, BIA allocated over $17 million in
supplemental funding for deferred
maintenance projects, such as Lateral
73–36 Check 1 and Main Canal Check
rehabilitation. BIA provided this
supplemental funding in addition to
revenues collected from CRIP’s
assessable acres.
We appreciate water users’
participation in our meetings and
comments, and we have sent a followup letter to CRIT in response to their
unique questions and concerns.
Comment: Commenters state CRIP is
chronically understaffed due to its
lengthy hiring process and Indian
preference requirements, and request
BIA hire more staff to improve water
deliveries along with a specific concern
that the project is understaffed and
personnel costs should not increase
until vacant positions are filled.
Response: Due to a variety of reasons,
recruitment for CRIP positions has
proved to be challenging. The BIA
Western Regional Director and Human
Resources team remain committed to
filling vacancies in CRIP’s 78-position
organizational chart as rapidly as
possible. We are currently seeking
applicants for the following 13
positions: 2 Maintenance Workers, 3
Engineering Equipment Operators, 7
Irrigation System Operators, and 1
Accounting Technician. Applications
are reviewed on a rolling basis, and all
positions are open until filled.
Preference in filing vacancies is given to
qualified Indian candidates in
accordance with the Indian Preference
Act of 1934 (25 U.S.C. 5116). Given our
difficulties with filling the Irrigation
System Operator positions, BIA’s
Human Resources opened these
positions to the public in April and
authorized recruitment or relocation
incentives. All applicants must apply
online at www.usajobs.gov (search for
BIA positions in Poston, Arizona). BIA
also posted application information in
local newspapers, and the
Superintendent will be attending job
fairs at local colleges to recruit.
CRIP’s 2025 budget can support
personnel salary, benefits, and overtime
for up to 45 employees, which is an
increase of 17 CRIP employees above
the current 2024 staffing levels. The
remaining 33 vacant positions in CRIP’s
organizational chart are not accounted
for or funded in the 2025 budget. The
quality of irrigation service will improve
as vacancies are filled, while also
retaining and increasing experience
levels of existing CRIP staff.
Comment: Commenters state BIA
should have anticipated lost revenue
from 2023 excess water sales and is
punishing irrigators for using less water.
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Response: All presently assessable
acres within CRIP must pay an annual
basic per acre charge for up to 5.75 acrefeet of water. If additional water is
available, irrigators may request more
water and pay our per acre-foot fee for
‘‘excess water.’’ Because the availability
of excess water fluctuates year-to-year
along with irrigators’ demands, CRIP’s
excess water revenue fluctuates. In
calendar years 2020, 2021, and 2022,
CRIP’s excess water revenues were
around $480,000, $830,000, and
$650,000, respectively. Based on prior
revenues, BIA budgeted for 2023 excess
water revenues of $580,000. This
estimate, however, fell short, and the
actual excess water revenue was around
$170,000 for 2023. While we do not
know why irrigators ordered less excess
water in 2023 than in prior years, we
believe it might be in part due to the
unusually wet spring in 2023.
Given the difficulties of predicting an
upcoming year’s rainfall and the amount
of excess water irrigators will order,
BIA’s budgets will no longer rely on
excess water revenues to fund
operational expenses. Accordingly,
BIA’s budgeted excess water revenue for
2024 and 2025 has been reduced to
$150,000 per year. If the revenues from
excess water sales exceed our budgeted
amounts, CRIP will allocate the extra
funds to filling vacancies or addressing
deferred maintenance. Going forth,
CRIP’s budget will instead rely on
collections from our basic per acre
assessment to fund O&M expenses. We
do not intend to punish irrigators for
ordering less water. Rather, our budgets
must account for the fact that irrigators
are conserving and improving their onfarm watering techniques.
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
www.gpo.gov.
What authorizes you to issue this
notice?
Our authority to issue this notice is
vested in the Secretary of the Interior
(Secretary) by 5 U.S.C. 301 and the Act
of August 14, 1914 (38 Stat. 583; 25
U.S.C. 385). The Secretary has in turn
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delegated this authority to the Assistant
Secretary—Indian Affairs under part
209, chapter 8.1A, of the Department of
the Interior’s Departmental Manual.
Whom can I contact for further
information?
The following tables are the regional
and project/agency contacts for our
irrigation facilities.
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 .....
Eric Bruguier, 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
Leslie Shakespeare, Acting Regional Director, Bureau of Indian Affairs, Rocky Mountain Regional Office, 2021 4th Avenue North, Billings, MT
59101. Telephone: (406) 247–7943.
Blackfeet Irrigation Project ...
Crow Irrigation Project .........
Fort Belknap Irrigation
Project.
Fort Peck Irrigation Project ..
Wind River Irrigation Project
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
Jessie Durham, 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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San Carlos Irrigation Project
(Indian Works and Joint
Works).
Uintah Irrigation Project .......
Walker River Irrigation
Project.
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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.
Phaline Conklin, 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.
Maureen Brown, 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.
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; Joint Control Board is responsible
for portions of Joint Works maintenance pursuant to Gila River Indian Community Water Rights Settlement Act
of 2004, 118 Stat. 3499), 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; Joint Control Board (520) 562–9760, (520) 723–5408.
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.
Colleen Labelle, Superintendent, 311 East Washington Street, Carson City, NV 89701. Telephone: (775) 887–
3500.
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Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Notices
What irrigation assessments or charges
are adjusted by this notice?
The rate table below contains final
rates for the 2024 and 2025 calendar
years for all irrigation projects where we
recover costs of administering,
operating, maintaining, and
rehabilitating them. An asterisk
Project name
immediately following the rate category
notes irrigation projects where 2024
rates are different from the 2025 rates.
Final
2024 rate
Rate category
Final
2025 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 .................................
$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
$39.00
19.50
75.00
66.50
43.00
45.50
43.00
75.50
117.00
43.00
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 .................................
21.50
30.00
21.50
30.00
Basic-per acre .................................
30.00
30.00
Basic-per
Basic-per
Basic-per
Basic-per
Basic-per
Basic-per
Basic-per
Basic-per
Basic-per
Basic-per
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
15.00
3.00
20.00
29.00
26.00
23.00
47.00
16.50
16.50
30.65
15.00
3.00
20.00
29.00
26.00
23.00
47.00
16.50
16.50
30.65
Minimum Charge per tract ..............
Basic-per acre * ...............................
75.00
23.50
75.00
24.00
64.00
69.00
18.00
18.00
5.30
184.00
35.00
11.00
(+)
(+)
184.00
(+)
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).
acre
acre
acre
acre
acre
acre
acre
acre
acre
acre
Southwest Region Rate Table
Pine River Irrigation Project .......................................................................
Western Region Rate Table
Colorado River Irrigation Project ...............................................................
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Duck Valley Irrigation Project ....................................................................
Yuma Project, Indian Unit (See Note #2) ..................................................
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Basic per acre up to 5.75 acrefeet *.
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).
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San Carlos Irrigation Project (Joint Works) (See Note #3) .......................
Basic per acre
$26.00 ............
$26.00
Proposed 2025 Construction Water Rate Schedule:
Administrative
Fee.
Usage Fee .......
Excess Water
Rate †.
Off project
construction
On project
construction—
gravity water
On project
construction—
pump water
$300.00 ............
$300.00 ..........
$300.00.
$250.00 per
month.
$5.00 per 1,000
gal.
No Fee ...........
$100.00 per
acre foot.
No Charge.
Final
2024 rate
Project name
Rate category
San Carlos Irrigation Project (Indian Works) (See Note #4) .....................
Uintah Irrigation Project .............................................................................
Basic per acre .................................
Basic per acre * ...............................
Minimum Charge per bill .................
Basic per acre * ...............................
Walker River Irrigation Project ...................................................................
No Charge .....
Final
2025 rate
$99.62
23.00
25.00
31.00
$93.85
25.00
25.00
32.00
** Notes irrigation projects where BIA 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
$180.00 for 2024 but has not been established for 2025. 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 2024 BIA rate component is $4.00 per acre. The final 2025 BIA rate component is $4.50 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 final 2024 and 2025 rate is $55.85 per acre. The second component is established by BIA San
Carlos Irrigation Project—Joint Works; the final 2024 and 2025 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 2024 rate is $17.77 per acre, and the 2025 rate is $12.00 per acre.
ddrumheller on DSK120RN23PROD 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
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
VerDate Sep<11>2014
19:21 Aug 08, 2024
Jkt 262001
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)
These 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, as Amended by
Executive Order 14094)
These rate adjustments are not a
significant regulatory action and do not
need to be reviewed by the Office of
Management and Budget under
Executive Order 12866, as amended by
Executive Order 14094.
Regulatory Flexibility Act
These rate adjustments are not a rule
for the purposes of the Regulatory
Flexibility Act because they establish ‘‘a
rule of particular applicability relating
to rates.’’ 5 U.S.C. 601(2).
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Unfunded Mandates Reform Act of
1995
These rate adjustments do not impose
an unfunded mandate on state, local, or
Tribal governments in the aggregate, or
on the private sector, of more than $130
million per year. They do not have a
significant or unique effect on State,
local, or Tribal governments or the
private sector. Therefore, the
Department is not required to prepare a
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.).
Takings (Executive Order 12630)
These rate adjustments do not effect a
taking of private property or otherwise
have ‘‘takings’’ implications under
Executive Order 12630. The rate
adjustments do not deprive the public,
State, or local governments of rights or
property.
Federalism (Executive Order 13132)
Under the criteria in section 1 of
Executive Order 13132, these rate
adjustments do not have sufficient
federalism implications to warrant the
preparation of a federalism summary
impact statement because they will not
affect the States, the relationship
between the national government and
E:\FR\FM\09AUN1.SGM
09AUN1
Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Notices
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 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 March 31,
2026.
National Environmental Policy Act
The Department has determined that
these rate adjustments do not constitute
a major Federal action significantly
affecting the quality of the human
environment and that no detailed
statement is required under the National
Environmental Policy Act of 1969, 42
U.S.C. 4321–4370(d)), pursuant to 43
CFR 46.210(i). In addition, the rate
adjustments do not present any of the 12
extraordinary circumstances listed at 43
CFR 46.215.
Bryan Newland,
Assistant Secretary—Indian Affairs.
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_WY_FRN_MO4500180137]
Notice of Availability of the Draft
Environmental Impact Statement for
the Dry Creek Trona Mine Project,
Sweetwater County, Wyoming
Bureau of Land Management,
Interior.
ACTION: Notice of availability.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
In compliance with the
National Environmental Policy Act of
1969, as amended (NEPA), and the
Federal Land Policy and Management
Act of 1976, as amended (FLPMA), the
Bureau of Land Management (BLM)
announces the availability of the draft
VerDate Sep<11>2014
19:21 Aug 08, 2024
Jkt 262001
Documents pertinent to this proposal
may be examined online at https://
eplanning.blm.gov/eplanning-ui/admin/
project/2016395/510 and at the
Kemmerer and Rock Springs Field
Offices.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2024–17669 Filed 8–8–24; 8:45 am]
SUMMARY:
Environmental Impact Statement (EIS)
for the Dry Creek Trona Mine Project,
Sweetwater County, WY.
DATES: To afford the BLM the
opportunity to consider comments on
the draft EIS, please ensure that the
BLM receives your comments within 45
days following the date the
Environmental Protection Agency (EPA)
publishes its Notice of Availability
(NOA) of the draft EIS in the Federal
Register. The EPA usually publishes its
NOAs on Fridays. The BLM will hold a
public meeting during the public
comment period. The date, time, and
location will be announced at least 15
days prior to the meeting, through
public notices, news releases, social
media, mailings and the BLM website:
https://eplanning.blm.gov/eplanning-ui/
admin/project/2016395/510.
ADDRESSES: The draft EIS is available for
review on the BLM project website at
https://eplanning.blm.gov/eplanning-ui/
admin/project/2016395/510.
Written comments related to the Dry
Creek Trona Mine EIS may be submitted
by any of the following methods:
• Website: https://eplanning.blm.gov/
eplanning-ui/admin/project/2016395/
510
• Email: BLM_WY_Dry_Creek@blm.gov
• Mail: Dry Creek Trona Mine EIS c/o
BLM Kemmerer Field Office, 430
North Highway 189, Kemmerer, WY
83101
Kelly Lamborn, Project Manager,
telephone: (307) 828–4505; address: 430
North Highway 189, Kemmerer, WY
83101; email BLM_WY_Dry_Creek@
blm.gov. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services for contacting Ms. Kelly
Lamborn. Individuals outside the
United States should use the relay
services offered within their country to
make international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: The draft
EIS provides the analysis of
environmental impacts for the proposed
Dry Creek Trona Mine Project. Pacific
Soda, LLC (Pacific Soda) owns rights to
mine trona resources on private lands
and leased BLM administered lands in
the Kemmerer Field Office in
Sweetwater County, Wyoming. The
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
65389
proposed mine permit area includes two
BLM leased sections and three private
sections locatedsouth of I–80 and west
of Wyoming State Highway 530, south
of the town of Green River, Wyoming.
The mine plan, if approved by the BLM,
would allow Pacific Soda to construct
mining facilities and employ solution
mining technologies to develop their
BLM leases by mining trona beds 2,300
feet below the surface and processing
that trona for market. Pacific Soda
estimates that approximately 23.5
million tons of trona are in reserve on
each section of land within the
proposed project area, that mining
would occur on each section for 9 to 10
years, and that mined trona would be
refined to produce approximately 6.0
million metric tons of marketable soda
ash per year and 440,900 metric tons of
sodium bicarbonate (baking soda) per
year. Key approving agencies are the
Wyoming Department of Environmental
Quality, the BLM, and the State of
Wyoming Industrial Siting Commission.
There are four alternatives under
consideration. Approximately the same
amount of trona would be mined under
each action alternative (i.e., alternatives
B, C, and D):
Alternative A—No Action Alternative:
The project would not be approved.
Alternative B—Proposed Action:
Company proposed action would
include processing facilities at the mine
location. This alternative includes 26.22
miles of water line and impacts nine
acres of USFS managed lands near the
Green River. Under the proposed action
approximately 6,325 total acres could be
impacted, of which about 327 acres is
identified as a priority habitat
management area (PHMA) for sage
grouse, with the remaining acreage a
general habitat management area
(GHMA).
Alternative C—Modified proposed
action: would collocate the transmission
line, access road, and rail line and
thereby reduce construction in
undisturbed areas. The water line would
remain the same as Alternative B. Under
this alternative approximately 6,387
total acres would be impacted, of which
about 324 acres are PHMA, with the
remaining acreage being GHMA.
Alternative D—BLM Preferred
Alternative: Implementation of
Alternative D would result in a larger
total project footprint (7,015 acres).
Although development of the well field
and mine production levels would be
unchanged, the processing facilities
would be moved from the mine site area
to a site north of I–80, approximately 8
miles west of Green River, Wyoming,
within a designated processing facilities
boundary. The water supply pipeline
E:\FR\FM\09AUN1.SGM
09AUN1
]]>Agencies
[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Notices]
[Pages 65384-65389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17669]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[245A2100DD/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 are notifying
you that we have adjusted the irrigation assessment rates at several of
our irrigation projects and facilities to reflect current costs of
administration, operation, maintenance, and rehabilitation.
DATES: The 2025 Irrigation Assessment Rates are effective on January 1,
2025.
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 BIA irrigation project, please use the
tables in the SUPPLEMENTARY INFORMATION section to contact the BIA
regional or local office where the irrigation project is located.
SUPPLEMENTARY INFORMATION: Notices of Proposed Rate Adjustment were
published in the Federal Register on February 8, 2024 (89 FR 8707) and
May 6, 2024 (89 FR 37238) to propose adjustments to the irrigation
assessment rates at several BIA irrigation projects. The public and
interested parties were provided an opportunity to submit written
comments during the 60-day period that ended April 8, 2024, and July 5,
2024, respectively.
Did BIA defer or change any proposed rate increases?
No. BIA did not defer or change any proposed rate increases.
Did BIA receive any comments on the proposed irrigation assessment rate
adjustments?
Yes. BIA received five (5) written comments related to the proposed
2025 irrigation assessment rate adjustment for the BIA Colorado River
Irrigation Project (CRIP). Comments were received by letter and email.
What issues were of concern to the commenters?
Comments received relate specifically to the proposed 2025 rate
adjustment for CRIP and other issues associated only with CRIP. BIA's
summary of the issues and responses are provided below.
Comment: Four commenters state a general opposition to the proposed
CRIP 2025 rate increase because commenters believe basic services, such
as water delivery, maintenance, and measurements are not being
provided. The fifth commenter, Colorado River Indian Tribes (CRIT),
generally supports the proposed 2025 rate adjustment and recommends BIA
increase future rates because CRIT believes CRIP's operations and
maintenance (O&M) are underfunded. CRIT further requests that the
additional revenues from the rate increase be used to improve system
performance and reliability.
Response: As noted when rates were proposed in the Federal Register
on February 8, 2024 (89 FR 8707) and May 6, 2024 (89 FR 37238), BIA is
required to establish irrigation assessment rates that recover the
costs to administer, operate, maintain, and rehabilitate our projects.
As owner of CRIP, BIA assesses rates to ensure adequate resources are
made available to meet the requirements noted above. BIA's authority to
assess
[[Page 65385]]
rates is codified at 25 U.S.C. 381 et seq. and is addressed in BIA's
regulations at 25 CFR part 171. See also February 29, 2008 (73 FR
11028). The procedures followed by BIA in adjusting its irrigation
assessment rates are consistent with applicable law and past practice,
and the methodology used by BIA to determine the O&M assessment rates
for CRIP is reasonable.
The proposed 2025 irrigation assessment adjustments for CRIP's
basic per acre rate categories are necessary and justified due to the
increased costs associated with administering, operating, maintaining,
and rehabilitating CRIP. In accordance with BIA financial guidelines
and 25 CFR part 171, BIA developed the CRIP budget for 2025
expenditures and income approximately two years in advance. BIA relied
on financial reports generated by the Financial and Business Management
System and procurement files to review past expenditures and project a
future budget. The CRIP Project Manager also used his discretion to
assess and anticipate upcoming financial needs and priorities. The 2025
expenses were then divided by the total assessable acres within CRIP.
The $5.00 per acre assessment increase for the ``basic per acre'' rate
category is necessary to ensure CRIP can pay its anticipated expenses
for 2025.
The BIA Colorado River Agency Superintendent and CRIP Project
Manager routinely attend the CRIT Irrigation Committee's monthly
meetings to provide project updates and explain proposed rate
increases. BIA also met with CRIT's Tribal Council on March 25, 2024.
On March 28, 2024, BIA held a water user meeting and attendees included
individual water users, CRIT's legal counsel, CRIT's farm director, and
a U.S. Fish and Wildlife Service biological science technician. During
all of these meetings, BIA presented details supporting the 2025
budget, upcoming expenses, and the proposed O&M assessment increase
from $64 to $69 per acre. BIA also explained it provides irrigation
service commensurate with its resources, meaning the $5.00 per acre
assessment increase is needed to improve the project's quality of
service.
BIA agrees with commenters that CRIP's water measurement devices
can be operated and maintained better to meet water delivery
requirements, and BIA is working to resolve this issue with our
contractors and experts. BIA is addressing priority deferred
maintenance projects at CRIP by providing supplemental funding,
engineering, design, and construction resources to CRIP. From 2022
through 2024, BIA allocated over $17 million in supplemental funding
for deferred maintenance projects, such as Lateral 73-36 Check 1 and
Main Canal Check rehabilitation. BIA provided this supplemental funding
in addition to revenues collected from CRIP's assessable acres.
We appreciate water users' participation in our meetings and
comments, and we have sent a follow-up letter to CRIT in response to
their unique questions and concerns.
Comment: Commenters state CRIP is chronically understaffed due to
its lengthy hiring process and Indian preference requirements, and
request BIA hire more staff to improve water deliveries along with a
specific concern that the project is understaffed and personnel costs
should not increase until vacant positions are filled.
Response: Due to a variety of reasons, recruitment for CRIP
positions has proved to be challenging. The BIA Western Regional
Director and Human Resources team remain committed to filling vacancies
in CRIP's 78-position organizational chart as rapidly as possible. We
are currently seeking applicants for the following 13 positions: 2
Maintenance Workers, 3 Engineering Equipment Operators, 7 Irrigation
System Operators, and 1 Accounting Technician. Applications are
reviewed on a rolling basis, and all positions are open until filled.
Preference in filing vacancies is given to qualified Indian candidates
in accordance with the Indian Preference Act of 1934 (25 U.S.C. 5116).
Given our difficulties with filling the Irrigation System Operator
positions, BIA's Human Resources opened these positions to the public
in April and authorized recruitment or relocation incentives. All
applicants must apply online at www.usajobs.gov (search for BIA
positions in Poston, Arizona). BIA also posted application information
in local newspapers, and the Superintendent will be attending job fairs
at local colleges to recruit.
CRIP's 2025 budget can support personnel salary, benefits, and
overtime for up to 45 employees, which is an increase of 17 CRIP
employees above the current 2024 staffing levels. The remaining 33
vacant positions in CRIP's organizational chart are not accounted for
or funded in the 2025 budget. The quality of irrigation service will
improve as vacancies are filled, while also retaining and increasing
experience levels of existing CRIP staff.
Comment: Commenters state BIA should have anticipated lost revenue
from 2023 excess water sales and is punishing irrigators for using less
water.
Response: All presently assessable acres within CRIP must pay an
annual basic per acre charge for up to 5.75 acre-feet of water. If
additional water is available, irrigators may request more water and
pay our per acre-foot fee for ``excess water.'' Because the
availability of excess water fluctuates year-to-year along with
irrigators' demands, CRIP's excess water revenue fluctuates. In
calendar years 2020, 2021, and 2022, CRIP's excess water revenues were
around $480,000, $830,000, and $650,000, respectively. Based on prior
revenues, BIA budgeted for 2023 excess water revenues of $580,000. This
estimate, however, fell short, and the actual excess water revenue was
around $170,000 for 2023. While we do not know why irrigators ordered
less excess water in 2023 than in prior years, we believe it might be
in part due to the unusually wet spring in 2023.
Given the difficulties of predicting an upcoming year's rainfall
and the amount of excess water irrigators will order, BIA's budgets
will no longer rely on excess water revenues to fund operational
expenses. Accordingly, BIA's budgeted excess water revenue for 2024 and
2025 has been reduced to $150,000 per year. If the revenues from excess
water sales exceed our budgeted amounts, CRIP will allocate the extra
funds to filling vacancies or addressing deferred maintenance. Going
forth, CRIP's budget will instead rely on collections from our basic
per acre assessment to fund O&M expenses. We do not intend to punish
irrigators for ordering less water. Rather, our budgets must account
for the fact that irrigators are conserving and improving their on-farm
watering techniques.
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 www.gpo.gov.
What authorizes you to issue this notice?
Our authority to issue this notice is vested in the Secretary of
the Interior (Secretary) by 5 U.S.C. 301 and the Act of August 14, 1914
(38 Stat. 583; 25 U.S.C. 385). The Secretary has in turn
[[Page 65386]]
delegated this authority to the Assistant Secretary--Indian Affairs
under part 209, chapter 8.1A, of the Department of the Interior's
Departmental Manual.
Whom can I contact for further information?
The following tables are the regional and project/agency contacts
for our irrigation facilities.
------------------------------------------------------------------------
------------------------------------------------------------------------
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 Eric Bruguier, Acting Irrigation Project
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
------------------------------------------------------------------------
Leslie Shakespeare, Acting Regional Director, Bureau of Indian Affairs,
Rocky Mountain Regional Office, 2021 4th Avenue North, Billings, MT
59101. Telephone: (406) 247-7943.
------------------------------------------------------------------------
Blackfeet Irrigation Project. 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 Mark Azure, Superintendent, Jim Gappa,
Project. 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, 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 Davetta Ameelyenah, Superintendent, Gary
Project. Colvin, Irrigation Project Manager,
12124 1st Avenue, Parker, AZ 85344.
Telephones: Superintendent (928) 669-
7111; (928) 662-4392 Irrigation Project
Manager.
Duck Valley Irrigation Phaline Conklin, Superintendent, (Project
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.... Maureen Brown, 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.
San Carlos Irrigation Project Ferris Begay, Project Manager (BIA),
(Indian Works and Joint Clarence Begay, Supervisory Civil
Works). Engineer (BIA), (Portions of Indian
Works O&M compacted to Gila River Indian
Community under PL 93-638; Joint Control
Board is responsible for portions of
Joint Works maintenance pursuant to Gila
River Indian Community Water Rights
Settlement Act of 2004, 118 Stat. 3499),
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; Joint Control Board
(520) 562-9760, (520) 723-5408.
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 Colleen Labelle, Superintendent, 311 East
Project. Washington Street, Carson City, NV
89701. Telephone: (775) 887-3500.
------------------------------------------------------------------------
[[Page 65387]]
What irrigation assessments or charges are adjusted by this notice?
The rate table below contains final rates for the 2024 and 2025
calendar years for all irrigation projects where we recover costs of
administering, operating, maintaining, and rehabilitating them. An
asterisk immediately following the rate category notes irrigation
projects where 2024 rates are different from the 2025 rates.
----------------------------------------------------------------------------------------------------------------
Final 2024 Final 2025
Project name Rate category rate rate
----------------------------------------------------------------------------------------------------------------
Northwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Flathead Irrigation Project................... Basic per acre--A............... $39.00 $39.00
Basic per acre--B............... 19.50 19.50
Minimum Charge per tract........ 75.00 75.00
Fort Hall Irrigation Project.................. Basic per acre *................ 65.50 66.50
Minimum Charge per tract *...... 41.00 43.00
Fort Hall Irrigation Project--Minor Units..... Basic per acre *................ 45.00 45.50
Minimum Charge per tract *...... 41.00 43.00
Fort Hall Irrigation Project--Michaud Unit.... Basic per acre *................ 75.00 75.50
Pressure per acre *............. 116.50 117.00
Minimum Charge per tract *...... 41.00 43.00
Wapato Irrigation Project--Toppenish/Simcoe Minimum Charge per bill......... 28.00 28.00
Units.
Basic per acre.................. 28.00 28.00
Wapato Irrigation Project--Ahtanum Units...... Minimum Charge per bill......... 35.00 35.00
Basic per acre.................. 35.00 35.00
Wapato Irrigation Project--Satus Unit......... Minimum Charge per bill......... 100.00 100.00
``A'' Basic per acre............ 86.00 86.00
``B'' Basic per acre............ 92.00 92.00
Wapato Irrigation Project--Additional Works... Minimum Charge per bill......... 100.00 100.00
Basic per acre.................. 87.00 87.00
Wapato Irrigation Project--Water Rental....... Minimum Charge per bill......... 100.00 100.00
Basic per acre.................. 100.00 100.00
----------------------------------------------------------------------------------------------------------------
Rocky Mountain Region Rate Table
----------------------------------------------------------------------------------------------------------------
Blackfeet Irrigation Project.................. Basic-per acre.................. 21.50 21.50
Crow Irrigation Project--Willow Creek O&M Basic-per acre.................. 30.00 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.................. 30.00 30.00
Bighorn, Soap Creek, and Pryor Units).
Crow Irrigation Project--Two Leggins Unit..... Basic-per acre.................. 15.00 15.00
Crow Irrigation Two Leggins Drainage District. Basic-per acre.................. 3.00 3.00
Fort Belknap Irrigation Project............... Basic-per acre.................. 20.00 20.00
Fort Peck Irrigation Project.................. Basic-per acre.................. 29.00 29.00
Wind River Irrigation Project--Units 2, 3 and Basic-per acre.................. 26.00 26.00
4.
Wind River Irrigation Project--Unit 6......... Basic-per acre.................. 23.00 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 *................ 23.50 24.00
----------------------------------------------------------------------------------------------------------------
Western Region Rate Table
----------------------------------------------------------------------------------------------------------------
Colorado River Irrigation Project............. Basic per acre up to 5.75 acre- 64.00 69.00
feet *.
Excess Water per acre-foot over 18.00 18.00
5.75 acre-feet.
Duck Valley Irrigation Project................ Basic per acre *................ 5.30 11.00
Yuma Project, Indian Unit (See Note #2)....... Basic per acre up to 5.0 acre- 184.00 ( + )
feet *.
Excess Water per acre-foot over 35.00 ( + )
5.0 acre-feet.
Basic per acre up to 5.0 acre- 184.00 ( + )
feet (Ranch 5).
----------------------------------------------------------------------------------------------------------------
[[Page 65388]]
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San Carlos Irrigation Project (Joint Works) (See Note #3).................................. Basic per acre $26.00................. $26.00
----------------------------------------------------------------------------------------------------
Proposed 2025 Construction Water Rate Schedule:
----------------------------------------------------------------------------------------------------
Off project............. On project............. On project
construction............ construction--gravity construction--pump
water. 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 2024 Final 2025
Project name Rate category rate rate
----------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project (Indian Works) Basic per acre.................. $99.62 $93.85
(See Note #4).
Uintah Irrigation Project..................... Basic per acre *................ 23.00 25.00
Minimum Charge per bill......... 25.00 25.00
Walker River Irrigation Project............... Basic per acre *................ 31.00 32.00
----------------------------------------------------------------------------------------------------------------
** Notes irrigation projects where BIA 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 $180.00 for 2024 but has not been established for 2025. 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 2024 BIA rate component is $4.00 per acre. The final 2025 BIA rate
component is $4.50 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 final 2024 and 2025 rate is
$55.85 per acre. The second component is established by BIA San Carlos Irrigation Project--Joint Works; the
final 2024 and 2025 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 2024 rate is $17.77 per acre, and the 2025 rate is $12.00 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)
These 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, as Amended by
Executive Order 14094)
These rate adjustments are not a significant regulatory action and
do not need to be reviewed by the Office of Management and Budget under
Executive Order 12866, as amended by Executive Order 14094.
Regulatory Flexibility Act
These rate adjustments are not a rule for the purposes of the
Regulatory Flexibility Act because they establish ``a rule of
particular applicability relating to rates.'' 5 U.S.C. 601(2).
Unfunded Mandates Reform Act of 1995
These rate adjustments do not impose an unfunded mandate on state,
local, or Tribal governments in the aggregate, or on the private
sector, of more than $130 million per year. They do not have a
significant or unique effect on State, local, or Tribal governments or
the private sector. Therefore, the Department is not required to
prepare a statement containing the information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et seq.).
Takings (Executive Order 12630)
These rate adjustments do not effect a taking of private property
or otherwise have ``takings'' implications under Executive Order 12630.
The rate adjustments do not deprive the public, State, or local
governments of rights or property.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, these
rate adjustments do not have sufficient federalism implications to
warrant the preparation of a federalism summary impact statement
because they will not affect the States, the relationship between the
national government and
[[Page 65389]]
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 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
March 31, 2026.
National Environmental Policy Act
The Department has determined that these rate adjustments do not
constitute a major Federal action significantly affecting the quality
of the human environment and that no detailed statement is required
under the National Environmental Policy Act of 1969, 42 U.S.C. 4321-
4370(d)), pursuant to 43 CFR 46.210(i). In addition, the rate
adjustments do not present any of the 12 extraordinary circumstances
listed at 43 CFR 46.215.
Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2024-17669 Filed 8-8-24; 8:45 am]
BILLING CODE 4337-15-P
