[Federal Register Volume 68, Number 234 (Friday, December 5, 2003)]
[Notices]
[Pages 68103-68107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30253]


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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, 2003.

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 January 9, 2003 (68 FR 1191), to 
adjust the irrigation rates at several BIA irrigation facilities. The 
public and interested parties were provided an opportunity to submit 
written comments during the 60-day period subsequent to January 9, 
2003.

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

    Written comments were received for: (a) Fort Belknap Irrigation 
Project, Montana; (b) Wapato Irrigation Project, Washington; and (c) 
Wind River Irrigation Project, Wyoming.

What Issues Were of Concern by the Commentators?

    The commentors were concerned with one or more of the following 
three issues: (1) Consultation with stakeholders; (2) how funds 
collected from stakeholders are expended on operation and maintenance; 
and (3) the impact of an assessment 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 these consultation meetings, any issue of 
concern by a stakeholder can be brought up and discussed such as water 
operations, facility maintenance, and financial management. 
Stakeholders also can contact BIA representatives at the specific 
facility serving them using the tables in the SUPPLEMENTARY INFORMATION 
section to discuss issues of concern.

[[Page 68104]]

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?

    All of the BIA's irrigation projects are important economic 
contributors to the local communities they serve, contributing millions 
in crop value annually. Historically, BIA tempered irrigation rate 
increases to demonstrate sensitivity to the economic impact on water 
users. This has resulted in a rate deficiency at most of the irrigation 
projects.
    Over the past several years the BIA's irrigation program has been 
the subject of several Office of Inspector General (OIG) audits. In the 
most recent audit, No. 96-I-641, March 1996, the OIG 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.
    A previous OIG audit, No. 88-42, February 1988, reached the same 
conclusion. A separate audit performed on the Wapato Irrigation 
Project, No. 95-I-1402, September 1995, reinforced the general findings 
of the OIG on the BIA's irrigation program. This pointed out a lack of 
response by the BIA to the original findings of the OIG in addressing 
this critical issue over an extended period of time. The BIA must 
systematically review and evaluate irrigation assessment rates and 
adjust them when necessary to reflect the full costs to properly 
operate, and perform all appropriate maintenance on, the irrigation 
facility infrastructure for safe and reliable operation. If this review 
and evaluation is not accomplished, a rate deficiency can eventually 
accumulate. Overcoming rate deficiencies can result in the BIA having 
to raise irrigation assessment 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 
Wind River Irrigation Project from $12.00 to $13.00 was not put into 
effect. After further consultation with the stakeholders, the BIA 
agreed to delay the proposed rate adjustment until the 2004 irrigation 
season. For the 2004 irrigation season a rate adjustment from $12.00 to 
$14.00 is proposed to make up the lost revenue for the 2003 irrigation 
season. The proposed rate adjustment is in a separate notice.

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.

                        Northwest Region Contacts
------------------------------------------------------------------------
Stanley Speaks, Regional
 Director
Bureau of Indian Affairs,
 Northwest Regional Office
911 N.E. 11th Avenue
Portland, Oregon 97232-4169
Telephone (503) 231-6702
------------------------------------------------------------------------
Name:                          Contacts:
Flathead Irrigation Project..  Ernest T. Moran, Superintendent,Flathead
                                Agency Irrigation Division,PO Box
                                40,Pablo, Montana 59855-5555,Telephone:
                                (406) 675-2700.
Fort Hall Irrigation Project.  Eric J. LaPointe, Superintendent,Fort
                                Hall Agency,PO Box 220,Fort Hall, Idaho
                                83203-0220,Telephone: (208) 238-2301.
Wapato Irrigation Project....  Pierce Harrison, Project
                                Administrator,Wapato Irrigation
                                Project,PO Box 220,Wapato, WA 98951-
                                0220,Telephone: (509) 877-3155.
------------------------------------------------------------------------
                     Rocky Mountain Region Contacts
------------------------------------------------------------------------
Keith Beartusk, Regional
 Director
Bureau of Indian Affairs,
 Rock Mountain Regional
 Office
316 North 26th Street
Billings, Montana 59101.
Telephone: (406) 247-7943
------------------------------------------------------------------------
Name:                          Contacts:
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 68105]]

 
Crow Irrigation Project......  Gordon Jackson, Superintendent,Dan Lowe,
                                Irrigation Manager, PO Box 69,Crow
                                Agency, MT 59022,Telephones: (406) 638-
                                2672, Superintendent;(406) 638-2863,
                                Irrigation.
Fort Belknap Irrigation        Cleo Hamilton, Superintendent,Dan
 Project.                       Spencer, Irrigation Manager,R.R.1, Box
                                980,Harlem, MT 59526,Telephones: (406)
                                353-2901 Superintendent;(406) 353-2905,
                                Irrigation.
Fort Peck Irrigation Project.  Spike Bighorn, Superintendent,PO Box
                                637,Poplar, MT 59255,Rhonda Knutsen,
                                Irrigation Manager, 602 6th Avenue
                                North,Wolf Point, MT 59201, Telephones:
                                (406) 768-5312, Superintendent;(406) 653-
                                1752, Irrigation.
Wind River Irrigation Project  Steven Pollock, (Acting)
                                Superintendent,Hilare Peck, Irrigation
                                Manager,PO Box 158,Fort Washakie, WY
                                82514,Telephones: (307) 332-7810,
                                Superintendent;(307) 332-2596,
                                Irrigation.
------------------------------------------------------------------------
  Southwest Region Contacts
------------------------------------------------------------------------
Rob Baracker, Regional
 Director
Bureau of Indian Affairs,
 Southwest Regional Office
615 First Street, NW
Albuquerque, New Mexico 87102
Telephone (505) 346-7587
------------------------------------------------------------------------
Name:                          Contacts:
Pine River Irrigation Project  Michael Stancampiano, Superintendent,
                                Kenneth Caveney, Irrigation Engineer, PO
                                Box 315, Ignacio, CO 81137-0315,
                                Telephones: (970) 563-4511,
                                Superintendent; (970) 563-1017,
                                Irrigation.
------------------------------------------------------------------------
   Western Region Contacts
------------------------------------------------------------------------
Wayne Nordwall, Regional
 Director
Bureau of Indian Affairs,
 Western Regional Office
PO Box 10
Phoenix, Arizona 85001
Telephone (602) 379-6600
------------------------------------------------------------------------
Name:                          Contacts:
Colorado River Irrigation      Allen Anspach, Superintendent, R.R. 1,
 Project.                       Box 9-C, Parker, AZ 85344, Telephone:
                                (928) 669-7111.
Duck Valley Irrigation         Paul Young, Superintendent, 1555 Shoshone
 Project.                       Circle, Elko, Nevada 89801, Telephone:
                                (775) 738-0569, Superintendent.
Fort Yuma Irrigation Project.  William Pyott, Land Operations Officer,
                                P.O. Box 11000, Yuma, Arizona,
                                Telephone: (520) 782-1202.
San Carlos Irrigation Project  Carl Christensen, Irrigation Manager,
 Joint Works.                   13805 N. Arizona Boulevard, Coolidge, AZ
                                85228, Telephone: (520) 723-6216.
San Carlos Irrigation Project  Joe Revak, Pima Agency, Land Operations,
 Indian Works.                  Box 8, Sacaton, AZ 85247, Telephone:
                                (520) 562-3372.
Uintah Irrigation Project....  Lynn Hansen, Irrigation Manager, PO Box
                                130, Fort Duchesne, UT 84026, Telephone:
                                (435) 722-4341.
Walker River Irrigation        Robert Hunter, Superintendent, 1677 Hot
 Project.                       Springs Road, Carson City, Nevada 89706,
                                Telephone: (775) 887-3500.
------------------------------------------------------------------------

What Will BIA Charge for the 2003 Irrigation Seasons?

    The rate tables below show how we billed each of our irrigation 
facilities for the 2003 irrigation season as indicated. An asterisk 
immediately following the name of the facilities notes the irrigation 
facilities where rates were adjusted.

                       Northwest Region Rate Table
------------------------------------------------------------------------
                                                            2003  season
              Name                      Rate category           rate
------------------------------------------------------------------------
Flathead Irrigation Project (See  Basic per acre..........        $19.95
 Note 1 below).
Fort Hall Irrigation Project *..  Basic per acre..........         22.00
Fort Hall Irrigation Project--    Basic per acre..........         14.00
 Minor Units.
Fort Hall Irrigation Project--    Basic per acre..........         30.00
 Michaud *.
                                  Pressure per acre.......         43.50
Wapato Irrigation Project--       Billing Charge Per Tract          5.00
 Ahtanum Unit *.
                                  Farm unit/land tracts up         13.00
                                   to one acre (minimum
                                   charge).
                                  Farm unit/land tracts            13.00
                                   over one acre--per acre.
Wapato Irrigation Project--       Billing Charge Per Tract          5.00
 Toppenish/Simcoe Units *.
                                  Farm unit/land tracts up         13.00
                                   to one acre (minimum
                                   charge).
                                  Farm unit/land tract             13.00
                                   over one acre--per acre.
Wapato Irrigation Project--       Billing Charge Per Tract          5.00
 Wapato/Satus Unit *.
                                  Farm unit/land tracts up         51.00
                                   to one acre (minimum
                                   charge).
                                  ``A'' farm unit/land             51.00
                                   tracts over one acre--
                                   per acre.
                                  Additional Works farm            56.00
                                   unit/land tracts over
                                   one acre--per acre.
                                  ``B'' farm unit/land             61.00
                                   tracts over one acre--
                                   per acre.

[[Page 68106]]

 
                                  Water Rental Agreement           62.00
                                   Lands--per acre.
------------------------------------------------------------------------
Note 1.--The Flathead Irrigation Project assessment rate for
  the 2004 season was proposed in 68 FR 1191-1196 at $21.45 per acre.
  This rate is considered implemented for the 2004 season and will be
  published in the Federal Register notice for the 2004 irrigation
  season.


                    Rocky Mountain Region Rate Table
------------------------------------------------------------------------
                                                             2003 season
               Name                      Rate category           rate
------------------------------------------------------------------------
Blackfeet Irrigation Project.....  Basic per acre..........       $13.00
Crow Irrigation Project..........  Basic per acre..........        16.00
Fort Belknap Irrigation Project..  Indian per acre.........         7.00
                                   Non-Indian per acre.....        14.00
Fort Peck Irrigation Project.....  Basic per acre..........        14.00
Wind River Irrigation Project....  Basic per acre..........        12.00
------------------------------------------------------------------------


                        Western Region Rate Table
------------------------------------------------------------------------
                                                             2003 season
           Project name                  Rate category           rate
------------------------------------------------------------------------
Colorado River Irrigation Project  Basic per acre up to           $47.00
                                    5.75 acre-feet.
                                   Excess Water per acre           17.00
                                    foot over 5.75 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 2 below).            acre-feet.
                                   Excess Water per acre-          10.50
                                    foot over 5.0 acre-feet.
San Carlos Irrigation Project      Basic per acre..........        20.00
 (Joint Works).
San Carlos Irrigation Project      Basic per acre..........        56.00
 (Indian Works).
Uintah Irrigation Project *......  Basic per acre..........        11.00
Walker River Irrigation Project..  Indian per acre.........         7.32
                                   non-Indian per acre.....        15.29
------------------------------------------------------------------------
Note 2.--The Fort Yuma Irrigation Project is owned and
  operated by the Bureau of Reclamation (Reclamation). The irrigation
  rate 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.


                       Southwest Region Rate Table
------------------------------------------------------------------------
                                                             2003 season
               Name                      Rate category           rate
------------------------------------------------------------------------
Pine River Irrigation Project....  Minimum Charge per tract       $25.00
                                   Basic per acre..........         8.50
------------------------------------------------------------------------

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 increased 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 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

[[Page 68107]]

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 April 30, 
2006.

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: November 21, 2003.
Aurene M. Martin,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 03-30253 Filed 12-4-03; 8:45 am]
BILLING CODE 4310-W7-P