[Federal Register Volume 69, Number 84 (Friday, April 30, 2004)]
[Notices]
[Pages 23805-23809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9832]


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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, 2004.

FOR FURTHER INFORMATION CONTACT: For details about a particular BIA 
irrigation

[[Page 23806]]

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 September 30, 2003 (68 FR 56302), 
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 
September 30, 2003.

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

    Written comments were received for the proposed rate adjustments 
for the Wind River Irrigation Project, Montana, and the San Carlos 
Irrigation Project, Arizona.

What Issues Were of Concern by the Commentators?

    The commenters 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.

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 one of BIA's largest 
irrigation projects, 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.

Did the BIA Receive Comments on Any Proposed Changes Other Than Rate 
Adjustments?

    We received comments on the proposed change in billing procedures 
for the Colorado River Irrigation Project starting with the 2004 
irrigation season. Due to the possible significant impact of the 
proposed change on stakeholders, the BIA has deferred implementation 
pending further review.

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.

------------------------------------------------------------------------
               Name                               Contacts
------------------------------------------------------------------------
                        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.
------------------------------------------------------------------------
Flathead Irrigation Project.......  Ernest T. Moran, Superintendent,
                                     Flathead Agency Irrigation
                                     Division, P.O. Box 40, Pablo,
                                     Montana 59855-5555, Telephone:
                                     (406) 675-2700.

[[Page 23807]]

 
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.
-----------------------------------
                     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.
------------------------------------------------------------------------
Blackfeet Irrigation Project......  Ross Denny, Superintendent, Cliff
                                     Hall, Irrigation Manager, Box 880,
                                     Browning, MT 59417, Telephones:
                                     (406) 338-7544, Superintendent;
                                     (406) 338-7519, Irrigation.
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, Dan
                                     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, P.O.
                                     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, P.O. Box 158,
                                     Fort Washakie, WY 82514,
                                     Telephones: (307) 332-7810,
                                     Superintendent; (307) 332-2596,
                                     Irrigation.
-----------------------------------
                        Southwest Region Contacts
------------------------------------------------------------------------
  Larry Morrin, Regional Director, Bureau of Indian Affairs, Southwest
 Regional Office, 615 First Street, NW., Albuquerque, New Mexico 87102,
                        Telephone (505) 346-7587.
------------------------------------------------------------------------
Pine River Irrigation Project.....  Michael Stancampiano,
                                     Superintendent, Kenneth Caveney,
                                     Irrigation Engineer, P.O. 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, P.O. Box 10, Phoenix, Arizona 85001, Telephone (602)
                                379-6600.
------------------------------------------------------------------------
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, 1555
                                     Shoshone Circle, Elko, Nevada
                                     89801, Telephone: (775) 738-0569.
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
 Joint Works.                        Manager, 13805 N. Arizona
                                     Boulevard, Coolidge, AZ 85228,
                                     Telephone: (520) 723-6216.
San Carlos Irrigation Project       Joe Revak, Pima Agency, Land
 Indian Works.                       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...  Robert Hunter, Superintendent, 1677
                                     Hot Springs Road, Carson City,
                                     Nevada 89706, Telephone: (775) 887-
                                     3500.

What Will BIA Charge for the 2004 and Later Irrigation Seasons?

    The rate tables below show the rates we will bill at each of our 
irrigation facilities for the 2004 and later irrigation seasons. An 
asterisk immediately following the name of the facilities notes the 
irrigation facilities where rates were adjusted.

------------------------------------------------------------------------
                                                            2004 season
              Name                    Rate category            rate
------------------------------------------------------------------------
                       Northwest Region Rate Table
------------------------------------------------------------------------
Flathead Irrigation              Basic per acre.........          $21.45
 Project[hairsp]*.
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                 5.00
 Ahtanum Unit.                    Tract.
                                 Farm unit/land tracts             13.00
                                  up to one acre
                                  (minimum charge).
                                 Farm unit/land tracts             13.00
                                  over one acre--per
                                  acre.
Wapato Irrigation Project--      Billing Charge Per                 5.00
 Toppenish/Simcoe Units.          Tract.
                                 Farm unit/land tracts             13.00
                                  up to one acre
                                  (minimum charge).
                                 Farm unit/land tract              13.00
                                  over one acre--per
                                  acre.
Wapato Irrigation Project--      Billing Charge Per                 5.00
 Wapato/Satus Unit.               Tract.
                                 Farm unit/land tracts             51.00
                                  up 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
                                  tracts over one acre--
                                  per acre 61.00.

[[Page 23808]]

 
                                 Water Rental Agreement            62.00
                                  Lands--per acre.
--------------------------------
                    Rocky Mountain Region Rate Table
------------------------------------------------------------------------
Blackfeet Irrigation Project...  Basic per acre.........           13.00
Crow Irrigation Project........  Basic per acre.........           16.00
Fort Belknap Irrigation          Indian per acre........            7.75
 Project[hairsp]*.
                                 Non-Indian per acre....           15.50
Fort Peck Irrigation Project...  Basic per acre.........           14.00
Wind River Irrigation            Basic per acre.........           14.00
 Project[hairsp]*.
--------------------------------
                       Southwest Region Rate Table
------------------------------------------------------------------------
Pine River Irrigation Project..  Minimum Charge per                25.00
                                  tract.
                                 Basic per acre.........            8.50
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                2004 season  2005 season
         Project name           Rate category       rate         rate
------------------------------------------------------------------------
                        Western Region Rate Table
------------------------------------------------------------------------
Colorado River Irrigation      Basic per acre        $47.00  ...........
 Project.                       up to 5.75
                                acre-feet.
                               Excess Water           17.00
                                per acre foot
                                over 5.75 acre-
                                feet.
Duck Valley Irrigation         Basic per acre.         5.30
 Project.
Fort Yuma Irrigation Project.  Basic per acre         60.00
(See Note below).............   0up to 5.0
                                acre-feet.
                               Excess Water           10.50
                                per acre-foot
                                over 5.0 acre-
                                feet.
San Carlos Irrigation          Basic per acre.        20.00       $30.00
 Project[hairsp]*.
(Joint Works)................
San Carlos Irrigation Project  Basic per acre.        56.00
(Indian Works)...............
Uintah Irrigation              Basic per acre.        11.00
 Project[hairsp]*.
Walker River Irrigation        Indian per acre         7.32
 Project.
                               Non-Indian per        15.29
                                acre.
------------------------------------------------------------------------
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 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

[[Page 23809]]

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: April 20, 2004.
David W. Anderson,
Assistant Secretary--Indian Affairs.
[FR Doc. 04-9832 Filed 4-29-04; 8:45 am]
BILLING CODE 4310-W7-P