[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Notices]
[Pages 63850-63856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25477]


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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 proposed rate adjustments.

-----------------------------------------------------------------------

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 request your 
comments on the proposed rate adjustments.

DATES: Interested parties may submit comments on the proposed rate 
adjustments on or before December 17, 2012.

ADDRESSES: All comments on the proposed rate adjustments must be in 
writing and addressed to: Yulan Jin, Acting Chief, Division of Water 
and Power, Office of Trust Services, Mail Stop 4637-MIB, 1849 C Street 
NW., Washington, DC 20240, Telephone (202) 219-0941.

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

SUPPLEMENTARY INFORMATION: The first table in this notice provides 
contact information for individuals who can give further information 
about the irrigation projects covered by this

[[Page 63851]]

notice. The second table provides the current 2012 irrigation 
assessment rates, the proposed rates for the 2013 irrigation season, 
and proposed rates for subsequent years where these are available.

What is the meaning of the key terms used in this notice?

    In this notice:
    Administrative costs mean all costs we incur to administer our 
irrigation projects at the local project level and is a cost factor 
included in calculating your operation and maintenance assessment. 
Costs incurred at the local project level do not normally include 
Agency, Region, or Central Office costs unless we state otherwise in 
writing.
    Assessable acre means lands designated by us to be served by one of 
our irrigation projects, for which we collect assessments in order to 
recover costs for the provision of irrigation service. (See total 
assessable acres.)
    BIA means the Bureau of Indian Affairs.
    Bill means our statement to you of the assessment charges and/or 
fees you owe the United States for administration, operation, 
maintenance, and/or rehabilitation. The date we mail or hand-deliver 
your bill will be stated on it.
    Costs means the costs we incur for administration, operation, 
maintenance, and rehabilitation to provide direct support or benefit to 
an irrigation facility. (See administrative costs, operation costs, 
maintenance costs, and rehabilitation costs).
    Customer means any person or entity to which we provide irrigation 
service.
    Due date is the date on which your bill is due and payable. This 
date will be stated on your bill.
    I, me, my, you and your means all persons or entities that are 
affected by this notice.
    Irrigation project means a facility or portion thereof for the 
delivery, diversion, and storage of irrigation water that we own or 
have an interest in, including all appurtenant works. The term 
``irrigation project'' is used interchangeably with irrigation 
facility, irrigation system, and irrigation area.
    Irrigation service means the full range of services we provide 
customers of our irrigation projects. This includes our activities to 
administer, operate, maintain, and rehabilitate our projects in order 
to deliver water.
    Maintenance costs means costs we incur to maintain and repair our 
irrigation projects and associated equipment and is a cost factor 
included in calculating your operation and maintenance assessment.
    Operation and maintenance (O&M) assessment means the periodic 
charge you must pay us to reimburse costs of administering, operating, 
maintaining, and rehabilitating irrigation projects consistent with 
this notice and our supporting policies, manuals, and handbooks.
    Operation or operating costs means costs we incur to operate our 
irrigation projects and equipment and is a cost factor included in 
calculating your O&M assessment.
    Past due bill means a bill that has not been paid by the close of 
business on the 30th day after the due date as stated on the bill. 
Beginning on the 31st day after the due date, we begin assessing 
additional charges accruing from the due date.
    Rehabilitation costs means costs we incur to restore our irrigation 
projects or features to original operating condition or to the nearest 
state which can be achieved using current technology and is a cost 
factor included in calculating your O&M assessment.
    Responsible party means an individual or entity that owns or leases 
land within the assessable acreage of one of our irrigation projects 
and is responsible for providing accurate information to our billing 
office and paying a bill for an annual irrigation rate assessment.
    Total assessable acres means the total acres served by one of our 
irrigation projects.
    Water delivery is an activity that is part of the irrigation 
service we provide our customers when water is available.
    We, us, and our means the United States Government, the Secretary 
of the Interior, the BIA, and all who are authorized to represent us in 
matters covered under this notice.

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 http://www.gpo.gov.

Why are you publishing this notice?

    We are publishing this notice to notify you that we propose to 
adjust our irrigation assessment rates. This notice is published in 
accordance with the BIA's regulations governing its operation and 
maintenance of irrigation projects, found at 25 CFR part 171. This 
regulation provides for the establishment and publication of the rates 
for annual irrigation assessments as well as related information about 
our irrigation projects.

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.

When will you put the rate adjustments into effect?

    We will put the rate adjustments into effect for the 2013 
irrigation season and subsequent years where applicable.

How do you calculate irrigation rates?

    We calculate annual irrigation assessment rates in accordance with 
25 CFR 171.500 by estimating the annual costs of operation and 
maintenance at each of our irrigation projects and then dividing by the 
total assessable acres for that particular irrigation project. The 
result of this calculation for each project is stated in the rate table 
in this notice.

What kinds of expenses do you consider in determining the estimated 
annual costs of operation and maintenance?

    Consistent with 25 CFR 171.500, these expenses include the 
following:
    (a) Salary and benefits for the project engineer/manager and 
project employees under the project engineer/manager's management or 
control;
    (b) Materials and supplies;
    (c) Vehicle and equipment repairs;
    (d) Equipment costs, including lease fees;
    (e) Depreciation;
    (f) Acquisition costs;
    (g) Maintenance of a reserve fund available for contingencies or 
emergency costs needed for the reliable operation of the irrigation 
facility infrastructure;
    (h) Maintenance of a vehicle and heavy equipment replacement fund;
    (i) Systematic rehabilitation and replacement of project 
facilities;
    (j) Contingencies for unknown costs and omitted budget items; and
    (k) Other expenses we determine necessary to properly perform the 
activities and functions characteristic of an irrigation project.

[[Page 63852]]

When should I pay my irrigation assessment?

    We will mail or hand-deliver your bill notifying you of: (a) the 
amount you owe to the United States; and (b) when such amount is due. 
If we mail your bill, we will consider it as being delivered no later 
than 5 business days after the day we mail it. You should pay your bill 
by the due date stated on the bill.

What information must I provide for billing purposes?

    All responsible parties are required to provide the following 
information to the billing office associated with the irrigation 
project where you own or lease land within the project's assessable 
acreage or to the billing office associated with the irrigation project 
with which you have a carriage agreement:
    (1) The full legal name of person or entity responsible for paying 
the bill;
    (2) An adequate and correct address for mailing or hand-delivering 
our bill; and
    (3) The taxpayer identification number or Social Security number of 
the person or entity responsible for paying the bill.

Why are you collecting my taxpayer identification number or Social 
Security number?

    Public Law 104-134, the Debt Collection Improvement Act of 1996, 
requires that we collect the taxpayer identification number or Social 
Security number before billing a responsible party and as a condition 
to servicing the account.

What happens if I am a responsible party but I fail to furnish the 
information required to the billing office responsible for the 
irrigation project within which I own or lease assessable land or for 
which I have a carriage agreement?

    If you are late paying your bill because of your failure to furnish 
the required information listed above, you will be assessed interest 
and penalties as provided below, and your failure to provide the 
required information will not provide grounds for you to appeal your 
bill or any penalties assessed.

What can happen if I do not provide the information required for 
billing purposes?

    We can refuse to provide you irrigation service.

If I allow my bill to become past due, could this affect my water 
delivery?

    If we do not receive your payment before the close of business on 
the 30th day after the due date stated on your bill, we will send you a 
past due notice. This past due notice will have additional information 
concerning your rights. We will consider your past due notice as 
delivered no later than 5 business days after the day we mail it. We 
have the right to refuse water delivery to any irrigated land for which 
the bill is past due. We can continue to refuse water delivery until 
you pay your bill or make payment arrangements to which we agree. We 
follow the procedures provided in 31 CFR 901.2, ``Demand for Payment,'' 
when demanding payment of your past due bill.

Are there any additional charges if I am late paying my bill?

    Yes. We will assess you interest on the amount owed, using the rate 
of interest established annually by the Secretary of the United States 
Treasury (Treasury) to calculate what you will be assessed (31 CFR 
901.9(b)). You will not be assessed this charge until your bill is past 
due. However, if you allow your bill to become past due, interest will 
accrue from the original due date, not the past due date. Also, you 
will be charged an administrative fee of $12.50 for each time we try to 
collect your past due bill. If your bill becomes more than 90 days past 
due, you will be assessed a penalty charge of six percent (6%) per 
year, which will accrue from the date your bill initially became past 
due. As a Federal agency, we are required to charge interest, 
penalties, and administrative costs on debts owed to us pursuant to 31 
U.S.C. 3717 and 31 CFR 901.9, ``Interest, penalties, and administrative 
costs.''

What else will happen to my past due bill?

    If you do not pay your bill or make payment arrangements to which 
we agree, we are required to send your past due bill to the Treasury 
for further action. Under the provisions of 31 CFR 901.1, ``Aggressive 
agency collection activity,'' we must send any unpaid annual irrigation 
assessment bill to Treasury no later than 180 days after the original 
due date of the bill.

Who can I contact for further information?

    The following tables are the regional and project/agency contacts 
for our irrigation facilities.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                        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.
------------------------------------------------------------------------
         Project Name                   Project/Agency Contacts
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
                     Rocky Mountain Region Contacts
------------------------------------------------------------------------
Ed Parisian, Regional Director, Bureau of Indian Affairs, Rocky Mountain
    Regional Office, 316 North 26th Street, Billings, Montana 59101,
                       Telephone: (406) 247-7943.
------------------------------------------------------------------------
         Project Name                   Agency/Project Contacts
------------------------------------------------------------------------
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.

[[Page 63853]]

 
Crow Irrigation Project......  Vianna Stewart, Superintendent, Kyle
                                Varvel, 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        Cliff Hall, Superintendent, Vacant,
 Project.                       Irrigation Project Manager (Project
                                operations & 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, Brent
                                Allen, Irrigation Project Manager, P.O.
                                Box 158, Fort Washakie, WY 82514,
                                Telephones: (307) 332-7810,
                                Superintendent; (307) 332-2596,
                                Irrigation Project Manager.
------------------------------------------------------------------------
                        Southwest Region Contacts
------------------------------------------------------------------------
     William T. Walker, Regional Director, Bureau of Indian Affairs,
  Southwest Regional Office, 1001 Indian School Road, Albuquerque, New
                Mexico 87104, Telephone: (505) 563-3100.
------------------------------------------------------------------------
         Project Name                   Project/Agency Contacts
------------------------------------------------------------------------
Pine River Irrigation Project  John Waconda, Superintendent, Vacant,
                                Irrigation Systems Operator, Irrigation
                                Engineer. P.O. Box 315, Ignacio, CO
                                81137-0315, Telephones: (970) 563-4511,
                                Superintendent; (970) 563-9484,
                                Irrigation Engineer.
------------------------------------------------------------------------
                         Western Region Contacts
------------------------------------------------------------------------
   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.
------------------------------------------------------------------------
         Project Name                   Project/Agency Contacts
------------------------------------------------------------------------
Colorado River Irrigation      MarDon Glory, Acting Superintendent, Gary
 Project.                       Colvin, Acting Irrigation Project
                                Manager, 12124 1st Avenue, Parker, AZ
                                85344, Telephone: (928) 669-7111.
Duck Valley Irrigation         Joseph McDade, Superintendent, 2719
 Project.                       Argent Avenue, Suite 4, Gateway Plaza,
                                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  Ferris Begay, Acting Project Manager,
 Joint Works.                   Clarence Begay, Irrigation Manager, P.O.
                                Box 250, Coolidge, AZ 85128, Telephone:
                                (520) 723-6203.
San Carlos Irrigation Project  Cecilia Martinez, Superintendent, Joe
 Indian Works.                  Revak, Supervisory General Engineer,
                                Pima Agency, Land Operations, P.O. Box
                                8, Sacaton, AZ 85147, Telephone: (520)
                                562-3326, Telephone: (520) 562-3372.
Uintah Irrigation Project....  Johanna Blackhair, Superintendent, Dale
                                Thomas, Irrigation Manager, P.O. Box
                                130, Fort Duchesne, UT 84026, Telephone:
                                (435) 722-4300, Telephone: (435) 722-
                                4344.
Walker River Irrigation        Athena Brown, Superintendent, 311 E.
 Project.                       Washington Street, Carson City, NV
                                89701, Telephone: (775) 887-3500.
------------------------------------------------------------------------

What irrigation assessments or charges are proposed for adjustment 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 
proposed rates for the 2013 season and subsequent years where 
applicable. An asterisk immediately following the name of the project 
notes the irrigation projects where rates are proposed for adjustment.

------------------------------------------------------------------------
                                                     Final     Proposed
         Project name             Rate category    2012 rate   2013 rate
------------------------------------------------------------------------
                       Northwest Region Rate Table
------------------------------------------------------------------------
Fort Hall Irrigation Project *  Basic-per acre..      $45.50      $47.00
                                Minimum Charge         32.50       32.50
                                 per tract.
------------------------------------------------------------------------
Fort Hall Irrigation Project--  Basic-per acre..       23.50       24.00
 Minor Units *.
                                Minimum Charge         32.50       32.50
                                 per tract.
------------------------------------------------------------------------
Fort Hall Irrigation Project--  Basic-per acre..       45.00       47.50
 Michaud *.
                                Pressure per           62.00       65.50
                                 acre.
                                Minimum Charge         32.50       32.50
                                 per tract.
------------------------------------------------------------------------
Wapato Irrigation Project--     Minimum Charge         20.00       21.00
 Toppenish/Simcoe Units *.       for per bill.
                                Basic-per acre..       20.00       21.00
------------------------------------------------------------------------
Wapato Irrigation Project--     Minimum Charge         20.00       24.00
 Ahtanum Units *.                per bill.
                                Basic-per acre..       20.00       24.00
------------------------------------------------------------------------

[[Page 63854]]

 
Wapato Irrigation Project--     Minimum Charge         65.00       71.00
 Satus Unit *.                   for per bill.
                                ``A'' Basic-per        65.00       71.00
                                 acre.
                                ``B'' Basic-per        70.00       77.00
                                 acre.
------------------------------------------------------------------------
Wapato Irrigation Project--     Minimum Charge         67.00       71.00
 Additional Works *.             per bill.
                                Basic-per acre..       67.00       71.00
------------------------------------------------------------------------
Wapato Irrigation Project--     Minimum Charge..       72.00       79.00
 Water Rental *.
                                Basic-per acre..       72.00       79.00
------------------------------------------------------------------------
                    Rocky Mountain Region Rate Table
------------------------------------------------------------------------
Blackfeet Irrigation Project *  Basic-per acre..       19.00       19.50
------------------------------------------------------------------------
Crow Irrigation Project--       Basic-per acre..       23.30       23.80
 Willow Creek O&M (includes
 Agency, Lodge Grass 1, Lodge Grass 2,
 Reno, Upper Little Horn, and
 Forty Mile Units) *.
------------------------------------------------------------------------
Crow Irrigation Project--All    Basic-per acre..       23.00       23.50
 Others (includes Bighorn,
 Soap Creek, and Pryor Units)
 *.
------------------------------------------------------------------------
Crow Irrigation Two Leggins     Basic-per acre..        2.00        2.00
 Drainage District.
------------------------------------------------------------------------
Fort Belknap Irrigation         Basic-per acre..       14.75       15.00
 Project *.
------------------------------------------------------------------------
Fort Peck Irrigation Project *  Basic-per acre..       24.70       25.00
------------------------------------------------------------------------
Wind River Irrigation Project-- Basic-per acre..       20.00       21.00
 Units 2, 3 and 4 *.
------------------------------------------------------------------------
Wind River Irrigation Project-- Basic-per acre..       20.00       30.84
 LeClair District * (see Note
 1).
------------------------------------------------------------------------
Wind River Irrigation Project--  Basic-per acre.       14.00       14.00
 Crow Heart Unit*.
------------------------------------------------------------------------
Wind River Irrigation Project-- Basic-per acre..       14.00       14.00
 A Canal Unit *.
------------------------------------------------------------------------
Wind River Irrigation Project-- Basic-per acre..       16.00       16.00
 Riverton Valley Irrigation
 District.
------------------------------------------------------------------------
                       Southwest Region Rate Table
------------------------------------------------------------------------
Pine River Irrigation Project.  Minimum Charge         50.00       50.00
                                 per tract.
                                Basic-per acre..       15.00       15.00
------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                                 Proposed 2013    Proposed 2014
            Project name                   Rate category       Final 2012 rate        rate             rate
----------------------------------------------------------------------------------------------------------------
                                            Western Region Rate Table
----------------------------------------------------------------------------------------------------------------
Colorado River Irrigation Project...  Basic-per acre up to              $54.00           $54.00            To be
                                       5.75 acre-feet.                                               determined.
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                                      Excess Water per acre-             17.00            17.00
                                       foot over 5.75 acre-
                                       feet.
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Duck Valley Irrigation Project......  Basic-per acre.........             5.30              TBD
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Fort Yuma Irrigation Project (See     Basic-per acre up to               86.00              TBD
 Note 2).                     5.0 acre-feet.
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                                      Excess Water per acre-             14.00              TBD
                                       foot over 5.0 acre-
                                       feet.
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                                      Basic-per acre up to               86.00              TBD
                                       5.0 acre-feet (Ranch
                                       5).
----------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project (Joint  Basic-per acre.........            30.00           $30.00           $30.00
 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--   Construction--
                                                                                  Gravity Water       Pump Water
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                                      Administrative Fee.....          $300.00          $300.00          $300.00
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½

[[Page 63855]]

 
                                      Usage Fee..............      $250.00 per           No Fee      $100.00 per
                                                                         month                         acre-foot
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                                      Excess Water Rate                 $5 per        No charge        No charge
                                       [dagger].                      1000 gal
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                                         [dagger] The excess water rate applies to all water used in excess of
                                                            50,000 gallons in any one month.
----------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project         Basic-per acre.........           $73.00           $81.00            To be
 (Indian Works) * (See Note 4).
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Uintah Irrigation Project...........  Basic-per acre.........            16.00            16.00
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                                      Minimum Bill...........            25.00            25.00
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Walker River Irrigation Project *...  Indian per acre........            25.00            28.00
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                                      Non-Indian per acre....            25.00            28.00
----------------------------------------------------------------------------------------------------------------
* 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 2013 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 2013 BIA rate also is yet to be
  determined.
Note 3--The 2013 rate was established by final notice in the Federal Register on February 23, 2012
  (Vol. 77 No. 36, page 10767). In addition, a Construction Water Rate Schedule for the San Carlos Irrigation
  Project--Joint Works is now formally established. The rate schedule establishes the fees assessed for use of
  irrigation water for non-irrigation purposes.
Note 4--The 2013 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 $43 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 $30.00 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 of water delivery, water 
availability, and costs of administration, operation, maintenance, and 
rehabilitation of projects that concern them. This is accomplished at 
the individual irrigation project by Project, Agency, and Regional 
representatives, as appropriate, in accordance with local protocol and 
procedures. This notice is one component of our overall coordination 
and consultation process to provide notice to, and request comments 
from, these entities when we adjust irrigation assessment rates.

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

    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 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 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

[[Page 63856]]

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)).

Information 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: October 11, 2012.
Michael R. Smith,
Acting Director, Bureau of Indian Affairs.
[FR Doc. 2012-25477 Filed 10-16-12; 8:45 am]
BILLING CODE 4310-W7-P