[Federal Register Volume 67, Number 199 (Tuesday, October 15, 2002)]
[Notices]
[Pages 63674-63678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26038]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Rate Adjustments for Indian Irrigation Facilities

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of rate adjustments.

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SUMMARY: The Bureau of Indian Affairs (BIA) owns or has an interest in 
irrigation facilities located on various Indian reservations throughout 
the United States. The BIA establishes irrigation assessment rates to 
recover its costs to administer, operate, maintain, and rehabilitate 
certain of those facilities. We are notifying you that we have adjusted 
the irrigation assessment rates at several of our irrigation facilities 
where we are required to recover our full costs of operation and 
maintenance.

EFFECTIVE DATE: The irrigation assessment rates shown in the tables 
were effective on January 1, 2002.

FOR FURTHER INFORMATION CONTACT: For details about a particular BIA 
irrigation facility, please use the tables in the SUPPLEMENTARY 
INFORMATION section to contact the regional or agency office where the 
facility is located.

SUPPLEMENTARY INFORMATION: A Notice of Proposed Rate Adjustment was 
published in the Federal Register on March 8, 2002 (67 FR 10748-10752), 
to adjust the irrigation rates at several BIA irrigation facilities. A 
correction of the March 8, 2002, notice was published on April 26, 
2002, at 67 FR 20820-20321 for all units of the Wapato Irrigation 
Project. The public and interested parties were provided an opportunity 
to submit written comments during the 60 day-periods subsequent to 
March 8, 2002, and April 26, 2002.

Did the BIA Receive Any Comments on the Proposed Irrigation Assessment 
Rate Adjustments?

    Written comments were received only for the proposed irrigation 
assessment rate adjustment at the Blackfeet Irrigation Project, Montana 
(Project).

What Issues Were of Concern by the Commentators?

    All of the comments were concerned with one or more of three 
issues: (1) Consultation with stakeholders; (2) how are funds expended 
on operation and maintenance; and (3) the impact of a rate increase on 
the local agricultural economy.

How Does BIA Respond to the Concern of Consultation With Stakeholders?

    Consultations between stakeholders and any of the BIA irrigation 
facilities are ongoing through local meetings held periodically at 
different locations convenient to the stakeholders of the individual 
irrigation facilities. At those consultation meetings, any issue of 
concern by a stakeholder can be brought up and discussed such as water 
operations, facility maintenance, and financial management. For 
example, a BIA representative attended meetings of the Seville Water 
Users Association of

[[Page 63675]]

the Project on May 27, 2000, April 30, 2001, and April 25, 2002. During 
those meetings, the BIA representative notified stakeholders of the 
need for an increase in irrigation assessment rates. Concurrent with 
the Federal Register notice of March 8, 2002, the local BIA agency at 
the Project also publicized the proposed rate adjustment in a local 
newspaper asking for comments.

How Does BIA Respond to the Concern of How Funds Are Expended for 
Operation and Maintenance?

    The BIA's records for expenditures on all of its irrigation 
facilities are public records and available for review by stakeholders 
or interested parties. These records can be reviewed during normal 
business hours at the individual agency offices. To review these 
records, stakeholders and interested parties are directed to contact 
the BIA representative at the specific facility serving them using the 
tables in the SUPPLEMENTARY INFORMATION section.

How Does BIA Respond to the Concern of an Irrigation Assessment Rate 
Increase and Its Impact on the Local Agricultural Economy?

    The irrigation operations and maintenance rate for the 2001 
irrigation season at the Project was $11.00 per acre. Based on a 
financial analysis for the 2002 irrigation season, the rate to sustain 
the Project should be $15.85 per acre. The BIA realized that a $4.85 
rate increase, a 44 percent increase over the 2001 rate, had the 
potential to place an economic strain on the agricultural community 
served by the facility. The BIA took this into consideration and is 
raising the 2002 assessment rate $2.00, an increase of 18 percent, for 
a total assessment rate for the 2002 irrigation season of $13.00. This 
is an increase of less than half necessary to sustain the facility. To 
accommodate the lesser increase, the facility will continue to defer 
some maintenance. A rate of $13.00 per acre will provide funding for 
operation of the facility and perform minimal maintenance.

Does the BIA Have Any Other Justification for Increasing Its Irrigation 
Assessment Rates at the Project or at Any Other Irrigation Facilities?

    Over the past several years the BIA's irrigation program has been 
the subject of several Inspector General (IG) audits. In the most 
recent audit, No. 96-I-641, 1996, the IG concluded, ``Operation and 
maintenance revenues were insufficient to maintain the projects, and 
some projects had deteriorated to the extent that their continued 
capability to deliver water was in doubt. This occurred because 
operation and maintenance rates were not based on the full cost of 
delivering water, including the costs of systematically rehabilitating 
and replacing project facilities and equipment, and because project 
personnel did not seek regular rate increases to cover the full cost of 
operation.'' This audit recommendation is still outstanding.
    Previous IG audits reached the same conclusion. This showed a lack 
of response in addressing this critical issue by the BIA over an 
extended period of time. Irrigation assessment rates must be 
systematically reviewed and adjusted when necessary to reflect the 
BIA's actual full costs to properly operate and perform all appropriate 
maintenance on the irrigation facility infrastructure. If this is not 
accomplished, a rate deficiency can accumulate. Overcoming rate 
deficiencies can result in having to raise rates in larger increments 
and over shorter time frames than would have been otherwise necessary.

Does the BIA Have Any Proposed Rate Adjustments That Were Not Put Into 
Effect?

    The proposed rate adjustment for the 2003 irrigation season at the 
Flathead Irrigation Project from $19.95 to $21.45 is not being put into 
effect. After further consultation with the stakeholders, the BIA 
agreed a rate adjustment could be delayed.

Where Can I Get Information on the Regulatory and Legal Citations in 
This Notice?

    You can contact the individuals listed in the contact tables below 
or you can use the Internet site for the Government Printing Office at 
http://www.gpo.gov.

What Authorizes Us To Issue This Notice?

    Our authority to issue this document 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.

Does This Notice Affect Me?

    This notice affects you if you own or lease land within the 
assessable acreage of one of our irrigation facilities, or you have a 
carriage agreement with one of our irrigation facilities.

Who Can I Contact for Further Information?

    The following tables list the regional and agency contacts for the 
irrigation facilities where the BIA recovers its costs for local 
administration, operation, maintenance, and rehabilitation.

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                          Project name                                       Project/agency/contacts
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                                            Northwest Region Contacts
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  Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest Regional Office, 911 N.E. 11th Avenue,
                              Portland, Oregon 97232-4169, Telephone (503) 231-6702
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Flathead Irrigation Project....................................  Ernest T. Moran, Superintendent, Flathead
                                                                  Agency Irrigation Division, P.O. Box 40,
                                                                  Pablo, Montana 59855-5555, Telephone: (406)
                                                                  675-2700.
Fort Hall Irrigation Project...................................  Eric J. LaPointe, Superintendent, Fort Hall
                                                                  Agency, P.O. Box 220, Fort Hall, Idaho 83203-
                                                                  0220, Telephone: (208) 238-2301.
Wapato Irrigation Project......................................  Pierce Harrison, Project Administrator, Wapato
                                                                  Irrigation Project, P.O. Box 220, Wapato, WA
                                                                  98951-0220, Telephone: (509) 877-3155.
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                                         Rocky Mountain Region Contacts
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   Keith Beartusk, Regional Director, Bureau of Indian Affairs, Rock Mountain Regional Office, 316 North 26th
                           Street, Billings, Montana 59101, Telephone: (406) 247-7943
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Blackfeet Irrigation Project...................................  Ross Denny, Superintendent, Cliff Hall,
                                                                  Irrigation Manager, Box 880, Browning, MT
                                                                  59417, Telephones: (406) 338-7544,
                                                                  Superintendent, (406) 338-7519, Irrigation.

[[Page 63676]]

 
Crow Irrigation Project........................................  Gordon Jackson, Superintendent, Dan Lowe,
                                                                  Irrigation Manager, P.O. Box 69, Crow Agency,
                                                                  MT 59022, Telephones: (406) 638-2672.
                                                                  Superintendent, (406) 638-2863, Irrigation.
Fort Belknap Irrigation Project................................  Cleo Hamilton, Superintendent, Ted Hall, Acting
                                                                  Irrigation Manager, R.R.1, Box 980, Harlem, MT
                                                                  59526, Telephones: (406) 353-2901,
                                                                  Superintendent, (406) 353-2905, Irrigation.
Fort Peck Irrigation Project...................................  Dennis Whiteman, Superintendent, P.O. Box 637,
                                                                  Poplar, MT 59255, Marvin Azure, Irrigation
                                                                  Manager (acting), 602 6th Avenue North, Wolf
                                                                  Point, MT 59201, Telephones: (406) 768-5312,
                                                                  Superintendent, (406) 653-1752, Irrigation.
Wind River Irrigation Project..................................  Perry Baker, Superintendent, Sheridan Nicholas,
                                                                  Irrigation Manager, P.O. Box 158, Fort
                                                                  Washakie, WY 82514, Telephones: (307) 332-
                                                                  7810, Superintendent, (307) 332-2596,
                                                                  Irrigation.
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                                            Southwest Region Contacts
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  Bob Baracker, Regional Director, Bureau of Indian Affairs, Southwest Regional Office, 615 First Street, NW.,
                            Albuquerque, New Mexico 87102, Telephone: (505) 346-7587
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Pine River Irrigation Project..................................  Michael Stancampiano, Superintendent, Kenneth
                                                                  Caveny, Irrigation Engineer, P.O. Box 315,
                                                                  Ignacio, CO 81137-0315, Telephones: (970) 563-
                                                                  4511, Superintendent, (970) 563-1017,
                                                                  Irrigation.
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                                             Western Region Contacts
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    Wayne Nordwall, Regional Director, Bureau of Indian Affairs, Western Regional Office, PO Box 10, Phoenix,
                                    Arizona 85001, Telephone: (602) 379-6600
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Colorado River Irrigation Project..............................  Allen Anspach, Superintendent, R.R. 1 Box 9-C,
                                                                  Parker, AZ 85344, Telephone: (928) 669-7111.
Duck Valley Irrigation Project.................................  Paul Young, Superintendent, Pete LeFebvre,
                                                                  Nat'l Resources Specialist, 1555 Shoshone
                                                                  Circle, Elko, Nevada 89801, Telephones: (775)
                                                                  738-0569, Superintendent, (775) 738-0590,
                                                                  Irrigation.
Fort Yuma Irrigation Project...................................  William Pyott, Land Operations Officer, P.O.
                                                                  Box 11000, Yuma, Arizona, Telephone: (520) 782-
                                                                  1202.
San Carlos Irrigation Project Joint Works......................  Randy Shaw, Irrigation Manager, 13805 N.
                                                                  Arizona Boulevard, Coolidge, AZ 85228,
                                                                  Telephone: (520) 723-6216.
San Carlos Irrigation Project Indian Works.....................  Joe Revak, Pima Agency, Land Operations, Box 8,
                                                                  Sacaton, AZ 85247, Telephone: (520) 562-3372.
Uintah Irrigation Project......................................  Lynn Hansen, Irrigation Manager, P.O. Box 130,
                                                                  Fort Duchesne, UT 84026, Telephone: (435) 722-
                                                                  4341.
Walker River Irrigation Project................................  Chuck O'Rourke, Natural Resource Officer, 1677
                                                                  Hot Springs Road, Carson City, Nevada 89706,
                                                                  Telephone: (775) 887-3550.
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What Will BIA Charge for the 2002 or 2003 Irrigation Seasons?

    The rate table below shows how we will bill at each of our 
irrigation facilities for the 2002 or 2003 irrigation season as 
indicated. The irrigation facilities where rates were adjusted are 
noted by an asterisk immediately following the name of the facilities.

                                           Northwest Region Rate Table
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                                                                   Current 2002
            Project name                     Rate category             rate             Proposed 2003 rate
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Flathead Irrigation Project.........  Basic per acre.............        $19.95  $19.95
Fort Hall Irrigation Project........  Basic per acre.............         20.00  To be Determined (See Note
                                                                                  below).
Fort Hall Irrigation Project Minor    Basic per acre.............         14.00
 Units.
Fort Hall Irrigation Project *        Basic per acre.............         28.00
 Michaud.                             Pressure per acre..........         41.00
Wapato Irrigation Project * Ahtanum   Billing Charge Per Tract...          5.00
 Unit.                                Farm unit/land tracts up to         10.35
                                       one acre (minimum charge).
                                      Farm unit/land tracts over          10.35
                                       one acre--per acre.
Wapato Irrigation Project *           Billing Charge Per Tract...          5.00
 Toppenish/Simcoe Units.              Farm unit/land tracts up to         10.40
                                       one acre (minimum charge).
                                      Farm unit/land tract over           10.40
                                       one acre--per acre.
Wapato Irrigation Project * Wapato/   Billing Charge Per Tract...          5.00
 Satus Unit.                          Farm unit/land tracts up to         41.40
                                       one acre (minimum charge).
                                      ``A'' farm unit/land tracts         41.40
                                       over one acre--per acre.

[[Page 63677]]

 
                                      Additional Works farm unit/         45.76
                                       land tracts over one acre--
                                       per acre.
                                      ``B'' farm unit/land tracts         49.68
                                       over one acre--per acre.
                                      Water Rental Agreement             50.96
                                       Lands--per acre.
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Note--``To be determined,'' means that future rates will become effective only after we have published another
  rate notice for comments, followed by a final rate notice.


                    Rocky Mountain Region Rate Table
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                                                            2002 season
          Project name                Rate category            rate
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Blackfeet Irrigation Project *.  Basic-per acre.........          $13.00
Crow Irrigation Project (See     Basic-per acre.........           16.00
 note below).
Fort Belknap Irrigation Project  Indian per acre........            6.25
                                 Non-Indian per acre....           12.50
Fort Peck Irrigation Project...  Basic-per acre.........           14.00
Wind River Irrigation Project..  Basic-per acre.........          12.00
------------------------------------------------------------------------
Note--The Crow Project rate adjustment was previously announced in the
  Federal Register for the 2002 irrigation season and is being provided
  for informational purposes only, reference Fed. Reg., Vol. 64, No. 95,
  Page 27003, May 18, 1999.


                       Southwest Region Rate Table
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          Project name                Rate category          2002 rate
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Pine River Irrigation Project..  Minimum Charge per               $25.00
                                  tract.
                                 Basic-per acre.........            8.50
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                                            Western Region Rate Table
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                                                                   Current 2002
            Project name                     Rate category             rate             Proposed 2003 rate
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Colorado River Irrigation Project...  Basic per acre up to 5.0           $37.00  To be Determined.\1\
                                       acre feet.                          7.40
                                      Excess Water per acre foot
                                       5.0-5.5 acre-feet.
                                      Excess Water per acre-foot          17.00
                                       over 5.5 acre-feet.
Duck Valley Irrigation Project......  Basic-per acre.............          5.30
Fort Yuma Irrigation Project (See     Basic-per acre up to 5.0            60.00
 note below).                          acre-feet.                         10.50
                                      Excess Water per acre-foot
                                       over 5.0 acre-feet.
San Carlos Irrigation Project (Joint  Basic-per acre.............         20.00  $20.00
 Works).
San Carlos Irrigation Project         Basic-per acre.............         56.00  To be Determined.\1\
 (Indian Works).
Uintah Irrigation Project...........  Basic-per acre.............          8.50
Walker River Irrigation Project.....  Indian per acre............          7.32
                                      Non-Indian per acre........        15.29
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\1\ ``To be determined,'' means that future rates will become effective only after we have published another
  rate notice for comments, followed by a final rate notice.
 
 Note--The Fort Yuma Irrigation Project is owned and operated by the Bureau of Reclamation (Reclamation). The
  irrigation rates assessed for operation and maintenance are established by Reclamation and are provided for
  informational purposes only. The BIA only collects the irrigation assessments on behalf of Reclamation.

Consultation and Coordination With Tribal Governments (Executive Order 
13175)

    The BIA irrigation facilities are vital components of the local 
agriculture economy of the reservations on which they are located. To 
fulfill its responsibilities to the tribes, tribal organizations, water 
user organizations, and the individual water users, the BIA 
communicates, coordinates, and consults on a continuing basis with 
these entities on issues of water delivery, water availability, costs 
of administration, operation, maintenance, and rehabilitation. This is 
accomplished at the individual irrigation facilities by agency and 
regional representatives, as appropriate, in accordance with local 
protocol and procedures. This notice is one component of the BIA's 
overall coordination and consultation process to provide notice and 
request comments from these entities on adjusting irrigation assessment 
rates.

Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (Executive Order 13211)

    The rate adjustments will have no adverse effects on energy supply, 
distribution, or use (including a shortfall in supply, price increases, 
and increase use of foreign supplies) should the proposed rate 
adjustments be implemented. This is a notice for rate adjustments at 
BIA owned and operated irrigation facilities, except for the Fort Yuma 
Irrigation Project. The Fort Yuma Irrigation Project is owned and 
operated

[[Page 63678]]

by the Bureau of Reclamation with a portion serving the Fort Yuma 
Reservation.

Regulatory Planning and Review (Executive Order 12866)

    These rate adjustments are not a significant regulatory action and 
do not need to be reviewed by the Office of Management and Budget under 
Executive Order 12866.

Regulatory Flexibility Act

    This rate making is not a rule for the purposes of the Regulatory 
Flexibility Act because it is ``a rule of particular applicability 
relating to rates.'' 5 U.S.C. 601(2).

Unfunded Mandates Act of 1995

    These rate adjustments impose no unfunded mandates on any 
governmental or private entity and are in compliance with the 
provisions of the Unfunded Mandates Act of 1995.

Takings Implications (Executive Order 12630)

    The Department has determined that these rate adjustments do not 
have significant ``takings'' implications. The rate adjustments do not 
deprive the public, state, or local governments of rights or property.

Federalism (Executive Order 13132)

    The Department has determined that these rate adjustments do not 
have significant Federalism effects because they pertain solely to 
Federal-tribal relations and will not interfere with the roles, rights, 
and responsibilities of states.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

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, under the Paperwork Reduction 
Act of 1995. The OMB Control Number is 1076-0141 and expires November 
30, 2002.

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)).

    Dated: September 24, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
[FR Doc. 02-26038 Filed 10-11-02; 8:45 am]
BILLING CODE 4310-4J-P