[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Pages 12197-12203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05265]



[[Page 12197]]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[15X/A11220000.224100/AAK4004800/AX.480ADM100000]


Rate Adjustments for Indian Irrigation Projects

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of 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 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, 2014.

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 January 22, 2014 (79 FR 3862) 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 March 24, 2014.

Did the BIA defer or change any proposed rate increases?

    Yes. The proposed notice indicated that Proposed 2014 rate for Duck 
Valley and Fort Yuma Irrigation Projects was ``To Be Determined.'' A 
final rate has been determined and is reflected in the Rate Table. The 
final rates established here differ from the proposed rates for the 
following Irrigation projects:

----------------------------------------------------------------------------------------------------------------
                                                                                  Proposed  2014    Final  2014
                 Project name                             Rate category                rate            rate
----------------------------------------------------------------------------------------------------------------
Fort Hall Irrigation Project--Michaud.........  Basic--per acre.................          $47.50          $47.00
Fort Peck Irrigation Project..................  Basic--per acre.................           25.00           26.00
Wind River Irrigation Project--Units 2, 3 and   Basic--per acre.................           22.10           21.00
 4.
Wind River Irrigation Project--LeClair          Basic--per acre.................           28.82           28.80
 District.
Wind River Irrigation Project--Riverton Valley  Basic--per acre.................           21.02           21.00
 Irrigation District.
Pine River Irrigation Project.................  Basic--per acre.................           16.00           15.00
----------------------------------------------------------------------------------------------------------------

Did the BIA receive any comments on the proposed irrigation assessment 
rate adjustments?

    Yes. Written comments were received from the San Carlos Irrigation 
and Drainage District (SCIDD), by letter dated October 31, 2013, to the 
Assistant Secretary--Indian Affairs, related to the proposed rate 
adjustment for FY 2015 for the San Carlos Irrigation Project. A letter 
from the Director, Bureau of Indian Affairs dated December 12, 2013, 
responded to SCIDD's letter.

What issues were of concern to the commenters?

    Comments received relate specifically to one component of the San 
Carlos Irrigation Project proposed FY 2015 rate: The planned 
expenditure for repair of the Coolidge Dam Cylinder Gates.
    The BIA's summary of SCIDD's issue and the BIA's response are 
provided below.
    Comment: The recommended 2015 assessment of $35 per acre and 
proposed budget of $3.5 million include a planned expenditure of $1.8 
million, or $18 per acre, for the repair of the Coolidge Dam Cylinder 
Gates. This $1,800,000 was collected in three $500,000 previous 
payments in 2012, 2013, and 2014, and the 2015 budget proposes an 
additional collection of $300,000. We now understand that this work 
will be funded through the BIA Safety of Dams Program.
    Response: The governing documents of the San Carlos Irrigation 
Project required the operation and maintenance costs for the Project to 
be paid for by assessments on the lands in the Project. Accordingly, 
the Project has correctly assessed and collected funds for repair of 
the Coolidge Dam Cylinder Gates. The BIA Safety of Dams Program is 
funding an independent engineering review of the designs and cost 
estimates for the gate repair. The review will produce final 
engineering designs and drawings which the Project expects to use for 
the repair work. The Project has reiterated this point to SCIDD at 
recent water user meetings.

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 Publishing 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 facilities.

[[Page 12198]]



------------------------------------------------------------------------
                                                       Project/Agency
                   Project name                           Contacts
------------------------------------------------------------------------
                        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.
------------------------------------------------------------------------
Fort Hall Irrigation Project                        Randy Thompson,
                                                     Acting
                                                     Superintendent,
                                                     David Bollinger,
                                                     Irrigation Project
                                                     Manager, 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
------------------------------------------------------------------------
Darryl LaCounte, Acting 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                        Thedis Crow, Acting
                                                     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,
                                                     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 Project                     Susan Messerley,
                                                     Acting
                                                     Superintendent,
                                                     Vacant, 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                        Howard Beemer,
                                                     Superintendent,
                                                     Huber Wright,
                                                     Acting Irrigation
                                                     Project Manager,
                                                     P.O. Box 637,
                                                     Poplar, MT 59255,
                                                     602 6th Avenue
                                                     North, Wolf Point,
                                                     MT 59201,
                                                     Telephones: (406)
                                                     768-5312,
                                                     Superintendent,
                                                     (406) 653-1752,
                                                     Irrigation Project
                                                     Manager.
Wind River Irrigation Project                       Norma Gourneau,
                                                     Superintendent
                                                     Vacant, 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.
------------------------------------------------------------------------
Pine River Irrigation Project                       Priscilla Bancroft,
                                                     Acting
                                                     Superintendent,
                                                     Vickie Begay,
                                                     Irrigation Project
                                                     Manager, P.O. Box
                                                     315, Ignacio, CO
                                                     81137-0315,
                                                     Telephones: (970)
                                                     563-4511,
                                                     Superintendent,
                                                     (970) 563-9484,
                                                     Irrigation Project
                                                     Manager
------------------------------------------------------------------------
                         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 Project                   Kellie Youngbear,
                                                     Superintendent,
                                                     Gary Colvin,
                                                     Irrigation Project
                                                     Manager, 12124 1st
                                                     Avenue, Parker, AZ
                                                     85344, Telephone:
                                                     (928) 669-7111.
Duck Valley Irrigation Project                      Joseph McDade,
                                                     Superintendent,
                                                     (Project operations
                                                     & management
                                                     compacted by the
                                                     Tribes), 2719
                                                     Argent Ave., Suite
                                                     4, Elko, NV 89801,
                                                     Telephone: (775)
                                                     738-5165, (208) 759-
                                                     3100 (Tribal
                                                     Office).
Fort Yuma Irrigation Project                        Irene Herder,
                                                     Superintendent, 256
                                                     South Second
                                                     Avenue, Suite D,
                                                     Yuma, AZ 85364,
                                                     Telephone: (928)
                                                     782-1202.
San Carlos Irrigation Project, Indian Works and     Ferris Begay,
 Joint Works                                         Project Manager,
                                                     Clarence Begay,
                                                     Irrigation Manager,
                                                     13805 N. Arizona
                                                     Boulevard,
                                                     Coolidge, AZ 85228,
                                                     Telephone: (520)
                                                     723-6223.

[[Page 12199]]

 
Uintah Irrigation Project                           Bart Stevens,
                                                     Superintendent,
                                                     P.O. Box 130, Fort
                                                     Duchesne, UT 84026,
                                                     Telephone: (435)
                                                     722-4300,
                                                     Telephone: (435)
                                                     722-4341.
Walker River Irrigation Project                     Marilyn Bitsillie,
                                                     Acting
                                                     Superintendent, 311
                                                     E. Washington
                                                     Street, Carson
                                                     City, NV 89701,
                                                     Telephone: (775)
                                                     887-3500.
------------------------------------------------------------------------

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 2014 season and subsequent years where applicable. An 
asterisk immediately following the name of the project notes the 
irrigation projects where 2014 rates are different from the 2013 rates.

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[GRAPHIC] [TIFF OMITTED] TN06MR15.001


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[GRAPHIC] [TIFF OMITTED] TN06MR15.002

    * Notes irrigation projects where rates are proposed for 
adjustment.
    Note #1--The Operation and Maintenance (O&M) rate varies yearly 
based upon the budget submitted by the LeClair District.
Note #2--The O&M rate for the Yuma Project, Indian Unit 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 2014 is $89.50/acre. The second component is for the O&M 
rate established by BIA to cover administrative costs including billing 
and collections for the Project. The 2014

[[Page 12203]]

BIA rate remains unchanged at $1.50/acre.
    Note #3--The FY 2014 rate was established by final notice in the 
Federal Register on January 23, 2014 (79 FR 3862). The Construction 
Water Rate Schedule was established by final notice in the Federal 
Register on January 23, 2014 (79 FR 3862). The FY 2015 rate was 
proposed by notice in the Federal Register on January 22, 2014 (79 FR 
3614). This notice establishes the final rate of $35/acre for FY 2015.
    Note #4--The 2014 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 $45 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 estimated to be $6 
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 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 March 31, 
2016.

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 Data Quality Act 
(Pub. L. 106-554).

    Dated: February 26, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
[FR Doc. 2015-05265 Filed 3-5-15; 8:45 am]
 BILLING CODE 4310-W7-P