[Federal Register Volume 77, Number 36 (Thursday, February 23, 2012)]
[Notices]
[Pages 10767-10771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4200]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Rate Adjustments for Indian Irrigation Projects
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 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: Effective Date: The irrigation assessment rates shown in the
tables as final are effective as of January 1, 2012.
FOR FURTHER INFORMATION CONTACT: For details about a particular BIA
irrigation project or facility, please use the tables in the
SUPPLEMENTARY INFORMATION section to contact the regional or local
office where the project or facility is located.
SUPPLEMENTARY INFORMATION: A Notice of Proposed Rate Adjustment was
published in the Federal Register on September 20, 2011 (76 FR 58293)
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 November 21, 2011.
Did the BIA defer or change any proposed rate increases?
No.
Did the BIA receive any comments on the proposed irrigation assessment
rate adjustments?
Written comments were received related to the proposed rate
adjustment for the San Carlos Irrigation Project for 2013.
What issues were of concern to the commenter?
The commenter raised concerns specific to the San Carlos Irrigation
Project on the proposed rates about the following issues: (1) The
methodology for O&M rate setting; and (2) the appropriateness of
specific O&M budget items relating to obligated cash, staffing levels,
encroachment permit fees, re-survey of the reservoir area/capacity
table, emergency reserves, cylinder gate replacement at Coolidge Dam,
and periodic adjustments in Project budgets.
The Following Comments Are Specific to the San Carlos Irrigation
Project
Written comments relating to the proposed rate adjustment for the
San Carlos Irrigation Project-Joint Works (Project) were received by
letters dated July 15, 2011, August 26, 2011, and November 21, 2011,
from the San Carlos Irrigation and Drainage District (District). The
District raised several issues in its letters. The BIA's summary of the
District's issues and the BIA's responses are provided below.
Comment: The BIA's methodology for setting the 2013 O&M assessment
rate was unreasonable.
Response: The methodology used by the BIA to determine the 2013 O&M
assessment rate was reasonable. Based on a review of historical income
and expenditures, a budget of projected income and expenditures is
developed approximately two years before the O&M assessments are
collected and expenses incurred. The BIA relies on financial reports
generated by the Federal Financial System for reviewing past
expenditures and projecting a future budget and expenditures.
Procurement files and records maintained by the Project are also
reviewed and considered. For example, with regard to development of the
2013 budget, the BIA reviewed: (1) The year-end reconciled income and
expenditure information for 2010; (2) available income and expenditure
information for 2011; (3) previous budget projections for 2013; and (4)
other information relevant to potential future Project expenses, such
as cost information for replacement of Coolidge Dam cylinder gates.
The BIA provided the District with draft budget and supporting
information and held budget fact-finding meetings on November 22, 2010,
January 14, 2011, February 22, 2011, and March 23, 2011. The Project
received feedback from the District and other water users during these
meetings, and the Project finalized its recommendation to the Western
Regional Director for the 2013 O&M assessment rate on May 5, 2011. In
addition, in accordance with BIA policy, the BIA held meetings with
Project water users (including the District) to discuss O&M rates and
maintenance needs.
Issue: The BIA does not manage obligated cash properly,
specifically with regard to the Transcon Contract.
Response: The Transcon Contract ended on September 30, 2011, and
the Project de-obligated $56,335.15 of unexpended funds in the
contract. These funds will be carried over as available cash for
Project use in FY 2012.
Issue: The District objects to current and future staffing levels
for the Project's Irrigation System Operators.
Response: The Project has been discussing the Irrigation System
Operator (ISO) staffing levels with the water users, including the
District, in recent years in response to the accidental deaths of two
Project ISOs in 2006 and 2010. At the end of the Project fact finding
process for 2010, the Project re-evaluated the ISO staffing levels,
reduced the number of positions from four to three, and established the
positions at GS 04/05 levels. The discussion with the water users on
this matter, including the District, helped the Project to re-evaluate
and implement appropriate measures for ISO staffing. The Project is in
the process of recruiting the vacant ISO positions. The Project
anticipates an annual savings of approximately $80,000 from this change
in ISO staffing levels. The proposed O&M budget for 2013 reflects three
ISO positions at the Project. The BIA understands that the ISO staffing
levels may need to be re-evaluated in 3-5 years when rehabilitation of
the Project Joint Works is completed by the District and the Gila River
Indian Community pursuant to section 203(d) of the Arizona Water
Settlements Act (Pub. L. 108-451).
Issue: The BIA should not use O&M collections to defray the Project
costs for reviewing encroachment permit requests.
Response: Environmental compliance activities associated with the
Project O&M responsibilities, such as encroachment permit requests, are
funded through O&M assessments and collections from the District and
from Federal appropriations on behalf of the Indian Works. The BIA is
legally obligated to perform these compliance activities and they
benefit Project water users by ensuring that the environmental effects
of Project activities, are understood. The Project will continue to use
either contracts or staff for Federal environmental
[[Page 10768]]
compliance duties in furtherance of its O&M activities. The Project
recently proposed a fee for encroachment permits and is in the process
of finalizing a decision on the proposed fee. The Project notes that,
historically, encroachment permits involve lands within the District.
At the request of the water users, including the District, the Project
is considering permit fees for encroachment permits which would help
defray the Project costs for the permits.
Issue: The BIA should not use O&M collections to pay for the
updated area/capacity table for San Carlos Reservoir.
Response: Coolidge Dam (Dam) and San Carlos Reservoir (Reservoir)
are essential features of the Project. The Project's water delivery
obligations from the Dam and Reservoir, pursuant to the Gila Decree and
the Project's authorizing documents, require an accurate and up-to-date
area/capacity table for the Reservoir. Therefore, the Project's use of
O&M collections to update the Reservoir's area/capacity table is an
appropriate use of O&M collections.
Issue: The Project's emergency reserve fund should be reduced.
Response: The Project's emergency reserve fund is within the range
specified in the Emergency Reserve Fund Determination Guidelines in the
August 2008 BIA National Irrigation Handbook. The BIA previously
reduced the reserve fund from $800,000 to $400,000 following the
transfer of certain maintenance responsibilities to the Joint Control
Board. The BIA continues to be responsible for maintenance of Project
wells and Coolidge Dam. Replacement of a single well is projected to
cost between $250,000 and $300,000, and well replacement locations are
being evaluated now based on technical assessments prepared by the
Project and shared with the water users. The contract for well
maintenance and repair services, which was awarded recently for the
Project, involves routine annual well maintenance and repair and not
well replacement costs. The BIA believes the reserve funds should be
maintained as proposed, consistent with the Guidelines.
Issue: The amount budgeted for replacement of the Coolidge Dam
cylinder gate should be reduced.
Response: Replacing the cylinder gates at Coolidge Dam with a
single bulkhead gate is not appropriate. Replacing inoperable gates
with a bulkhead gate for each tower provides the greatest security to
Project water users. Using a single bulkhead gate to close both
cylinder gates is inadvisable for several reasons: (1) The bulkhead
gate may not fit in both gate towers because the towers likely do not
have the same dimensions; (2) a crane capable of lifting the bulkhead
gate may not be available locally or within a reasonable timeframe; (3)
the single bulkhead gate could close only one conduit at a time; and
(4) the road crossing the crest of the dam would need to be closed when
the bulkhead gate is removed or installed.
The Project completed a technical review process with the water
users, including the District, whereby all available technical and cost
information related to the cylinder gates was reviewed and discussed.
The Project's next step in the planning process is to update and
finalize the detailed technical specifications and a government cost
estimate. These documents will be used by the Project for construction
solicitation pursuant to the Federal procurement process.
Issue: The Project makes material deviations from approved budgets
without providing documentation and consultation with the District.
Response: The budget shared by the BIA during the Fact Finding
process is not binding on the BIA. The BIA must update its O&M budget
regularly to reflect actual expenditures and unplanned contingencies.
The initial O&M budget cannot be expected to remain unchanged because
it is prepared two years in advance of the fiscal year in which the
Project performs the actual O&M work. The BIA provides the District
with an update on the Project's budget at nearly every monthly District
Board meeting, at regularly scheduled water user meetings, and upon
specific request from the District. For the 2012 and 2013 O&M budgets,
the BIA used templates proposed by the District to display the budget
information.
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 Printing 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 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.
Whom can I contact for further information?
The following tables are the regional and project/agency contacts
for our irrigation projects and facilities:
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Project/Agency
Project name 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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Fort Hall Irrigation Project......................... Dean Fox,
Superintendent,
Fort Hall
Agency, P.O. Box
220, Fort Hall,
ID 83203-0220,
Telephone: (208)
238-2301.
Wapato Irrigation Project............................ Edwin Lewis,
Project
Administrator,
Wapato
Irrigation
Project, P.O.
Box 220, Wapato,
WA 98951-0220,
Telephone: (509)
877-3155.
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[[Page 10769]]
Rocky Mountain Region Contacts
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Ed Parisian, Regional Director, Bureau of Indian Affairs, Rocky Mountain
Regional Office, 316 North 26th Street, Billings, Montana 59101,
Telephone: (406) 247-7943.
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Blackfeet Irrigation Project......................... Stephen Pollock,
Superintendent,
Greg Tatsey,
Irrigation
Project Manager,
Box 880,
Browning, MT
59417,
Telephones:
(406) 338-7544,
Superintendent,
(406) 338-7519,
Irrigation
Project Manager.
Crow Irrigation Project.............................. Vianna Stewart,
Superintendent,
Vacant,
Irrigation
Project Manager,
P.O. Box 69,
Crow Agency, MT
59022,
Telephones:
(406) 638-2672,
Superintendent,
(406) 638-2863,
Irrigation
Project Manager.
Fort Belknap Irrigation Project...................... Cliff Hall,
Superintendent,
Vacant,
Irrigation
Project Manager,
(Project
operations and
management
contracted to
Tribes), R.R.1,
Box 980, Harlem,
MT 59526,
Telephones:
(406) 353-2901,
Superintendent,
(406) 353-8454,
Irrigation
Project Manager
(Tribal Office).
Fort Peck Irrigation Project......................... Rhonda Knudsen,
Superintendent,
P.O. Box 637,
Poplar, MT
59255, Huber
Wright, Acting
Irrigation
Project Manager,
602 6th Avenue
North, Wolf
Point, MT 59201,
Telephones:
(406) 768-5312,
Superintendent,
(406) 653-1752,
Irrigation
Project Manager.
Wind River Irrigation Project........................ Ed Lone Fight,
Superintendent,
Vacant,
Irrigation
Project Manager,
P.O. Box 158,
Fort Washakie,
WY 82514,
Telephones:
(307) 332-7810,
Superintendent,
(307) 332-2596,
Irrigation
Project Manager.
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Southwest Region Contacts
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William T. Walker, Regional Director, Bureau of Indian Affairs,
Southwest Regional Office, 1001 Indian School Road, Albuquerque, New
Mexico 87104, Telephone: (505) 563-3100.
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Pine River Irrigation Project........................ John Waconda,
Superintendent,
Reginald Howe,
Irrigation
Systems
Operator,
Irrigation
Engineer, P.O.
Box 315,
Ignacio, CO
81137-0315,
Telephones:
(970) 563-4511,
Superintendent,
(970) 563-9484,
Irrigation
Engineer.
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Western Region Contacts
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Bryan Bowker, Regional Director, Bureau of Indian Affairs, Western
Regional Office, 2600 N. Central Ave., 4th Floor Mailroom, Phoenix,
Arizona 85004, Telephone: (602) 379-6600.
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Colorado River Irrigation Project.................... Janice Staudte,
Superintendent,
Gary Colvin,
Acting
Irrigation
Project Manager,
12124 1st
Avenue, Parker,
AZ 85344,
Telephone: (928)
669-7111.
Duck Valley Irrigation Project....................... Joseph McDade,
Superintendent,
1555 Shoshone
Circle, Elko, NV
89801,
Telephone: (775)
738-0569.
Fort Yuma Irrigation Project......................... Irene Herder,
Superintendent,
256 South Second
Avenue, Suite D,
Yuma, AZ 85364,
Telephone: (928)
782-1202.
San Carlos Irrigation Project Joint Works............ Ferris Begay,
Acting Project
Manager,
Clarence Begay,
Irrigation
Manager, P.O.
Box 250,
Coolidge, AZ
85228,
Telephone: (520)
723-6203.
San Carlos Irrigation Project Indian Works........... Cecilia Martinez,
Superintendent,
Joe Revak,
Supervisory
General
Engineer, Pima
Agency, Land
Operations, P.O.
Box 8, Sacaton,
AZ 85247,
Telephone: (520)
562-3326,
Telephone: (520)
562-3372.
Uintah Irrigation Project............................ Dinah Peltier,
Acting
Superintendent,
Dale Thomas,
Irrigation
Manager, P.O.
Box 130, Fort
Duchesne, UT
84026,
Telephone: (435)
722-4300,
Telephone: (435)
722-4341.
Walker River Irrigation Project...................... Athena Brown,
Superintendent,
311 E.
Washington
Street, Carson
City, NV 89701,
Telephone: (775)
887-3500.
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What irrigation assessments or charges are adjusted by this notice?
The rate table below contains the current rates for all irrigation
projects where we recover costs of administering, operating,
maintaining, and rehabilitating them. The table also contains the final
rates for the 2012 season and subsequent years where applicable. An
asterisk immediately following the name of the project notes where the
2012 rates are different from the 2011 rates.
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Final 2011 Final 2012
Project name Rate category rate rate
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Fort Hall Irrigation Project *................ Basic per acre.................. $42.00 $45.50
Minimum Charge per tract........ 31.50 32.50
Fort Hall Irrigation Project--Minor Units *... Basic per acre.................. 22.50 23.50
Minimum Charge per tract........ 31.50 32.50
Fort Hall Irrigation Project--Michaud *....... Basic per acre.................. 43.00 45.00
Pressure per acre............... 59.50 62.00
Minimum Charge per tract........ 31.50 32.50
Wapato Irrigation Project--Toppenish/Simcoe Minimum Charge for per bill..... 17.00 20.00
Units *.
Basic per acre.................. 17.00 20.00
Wapato Irrigation Project--Ahtanum Units *.... Minimum Charge per bill......... 17.00 20.00
Basic per acre.................. 17.00 20.00
Wapato Irrigation Project--Satus Unit *....... Minimum Charge for per bill..... 63.00 65.00
``A'' Basic per acre............ 63.00 65.00
``B'' Basic per acre............ 70.00 70.00
[[Page 10770]]
Wapato Irrigation Project--Additional Works... Minimum Charge per bill......... 67.00 67.00
Basic per acre.................. 67.00 67.00
Wapato Irrigation Project--Water Rental....... Minimum Charge.................. 72.00 72.00
Basic per acre.................. 72.00 72.00
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Rocky Mountain Region Rate Table
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Blackfeet Irrigation Project.................. Basic-per acre.................. 19.00 19.00
Crow Irrigation Project--Willow Creek O&M Basic-per acre.................. 22.80 23.30
(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.................. 22.50 23.00
Bighorn, Soap Creek, and Pryor Units) *.
Crow Irrigation Two Leggins Drainage District. Basic-per acre.................. 2.00 2.00
Fort Belknap Irrigation Project............... Basic-per acre.................. 14.75 14.75
Fort Peck Irrigation Project.................. Basic-per acre.................. 24.70 24.70
Wind River Irrigation Project................. Basic-per acre.................. 20.00 20.00
Wind River Irrigation Project--LeClair Basic-per acre.................. 21.00 20.00
District * (see Note 1).
Wind River Irrigation Project--Crow Heart Unit Basic-per acre.................. 14.00 14.00
Wind River Irrigation Project--Riverton Valley Basic-per acre.................. 16.00 16.00
Irrigation District.
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Southwest Region Rate Table
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Pine River Irrigation Project................. Minimum Charge per tract........ 50.00 50.00
Basic-per acre.................. 15.00 15.00
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Project name Rate category Final 2011 rate Final 2012 rate Final 2013 rate
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Western Region Rate Table
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Colorado River Irrigation Basic per acre up $54.00............ $54.00............ To be determined.
Project. to 5.75 acre-feet.
Excess Water per $17.00............ $17.00............
acre-foot over
5.75 acre-feet.
Duck Valley Irrigation Project.. Basic per acre.... $5.30............. $5.30.............
Fort Yuma Irrigation Project Basic per acre up $86.00............ $86.00--BIA rate
(See Note 2). to 5.0 acre-feet. is final,
Reclamation rate
to be determined,
see Note 2.
Excess Water per $14.00............ $14.00--BIA rate
acre-foot over is final,
5.0 acre-feet. Reclamation rate
to be determined,
see Note 2.
Basic per acre up $86.00............ $86.00--BIA rate
to 5.0 acre-feet is final,
(Ranch 5). Reclamation rate
to be determined,
see Note 2.
San Carlos Irrigation Project Basic per acre.... $25.00............ $30.00............ $30.00.
(Joint Works) * (See Note
3).
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Proposed 2012--2013 Construction Water Rate Schedule:
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Off Project On Project On Project
Construction. Construction--Gra Construction--Pum
vity Water. p Water
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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 per 1000 gal... No charge......... No charge.
[dagger].
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[dagger] The excess water rate applies to all water used in excess of 50,000
gallons in any one month.
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San Carlos Irrigation Project Basic per acre.... $68.00............ $73.00............ To be determined.
(Indian Works) * (See Note
4).
Uintah Irrigation Project *..... Basic per acre.... $15.00............ $16.00............
Minimum Bill...... $25.00............ $25.00............
Walker River Irrigation Project Indian per acre... $22.00............ $25.00............
*.
non-Indian per $22.00............ $25.00............
acre.
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* Notes irrigation projects where rates are proposed for adjustment.
Note 1--The O&M rate varies yearly based upon the budget submitted by the LeClair District.
Note 2--The O&M rate for the Fort Yuma Irrigation Project has two components. The first component is
the O&M rate established by the Bureau of Reclamation (BOR), the owner and operator of the Project. The BOR
rate for 2012 is yet to be determined. The second component is for the O&M rate established by BIA to cover
administrative costs including billing and collections for the Project. The 2012 BIA rate has been reduced to
$1.50/acre. The rates shown include the 2011 Reclamation rate and the 2012 BIA rate.
[[Page 10771]]
Note 3--The 2012 rate was established by final notice in the Federal Register on May 9, 2011 (76 FR
26759). In addition, a Construction Water Rate Schedule for the San Carlos Irrigation Project--Joint Works is
now being formally established. The rate schedule establishes the fees assessed for use of irrigation water
for non-irrigation purposes.
Note 4--The 2012 O&M rate for the San Carlos Irrigation Project--Indian Works has three components.
The first component is the O&M rate established by the San Carlos Irrigation Project--Indian Works, the owner
and operator of the Project; this rate is proposed to be $35 per acre. The second component is for the O&M
rate established by the San Carlos Irrigation Project--Joint Works and is determined to be $30 per acre. The
third component is the O&M rate established by the San Carlos Irrigation Project Joint Control Board and is
proposed to be $8 per acre.
Consultation and Coordination With Tribal Governments (Executive Order
13175)
To fulfill its consultation responsibility to tribes and tribal
organizations, BIA communicates, coordinates, and consults on a
continuing basis with these entities on issues related to 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 these
entities when we adjust 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) as this rate adjustment is
implemented. This is a notice for rate adjustments at BIA-owned and
operated irrigation projects, 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
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. The rule does not have a
significant or unique effect on State, local, or tribal governments or
the private sector. Therefore, the Department of the Interior
(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)
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 will not affect the
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among various
levels of government.
Civil Justice Reform (Executive Order 12988)
In issuing this rule, 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, under the Paperwork Reduction
Act of 1995. The OMB Control Number is 1076-0141 and expires December
31, 2012.
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)).
Data Quality Act
In developing this notice, we did not conduct or use a study,
experiment, or survey requiring peer review under the Information
Quality Act (Pub. L. 106-554).
Dated: February 9, 2012.
Larry Echo Hawk,
Assistant Secretary, Indian Affairs.
[FR Doc. 2012-4200 Filed 2-22-12; 8:45 am]
BILLING CODE 4310-W7-P