[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18770-18775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08202]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[177A2100DD/AAKC001030/A0A501010999900]
Rate Adjustments for Indian Irrigation Projects
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of proposed 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 request your
comments on the proposed rate adjustments.
DATES: Interested parties may submit comments on the proposed rate
adjustments on or before June 20, 2017.
ADDRESSES: All comments on the proposed rate adjustments must be in
writing and addressed to: Yulan Jin, 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 the 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 notice. The second table
provides the current 2016 irrigation assessment rates, the proposed
rates for Calendar Year (CY) 2017, and proposed rates for subsequent
years where these rates 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
[[Page 18771]]
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 whom or 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 inform 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
proposed 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 CY 2017 and
subsequent years where applicable.
How do you calculate irrigation rates?
We calculate annual irrigation assessment rates in accordance with
25 CFR part 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 part 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) Carriage Agreements for the transfer of project water through
irrigation facilities owned by others.
(k) Any water storage fees for non-BIA-owned reservoirs, as
applicable,
(l) Contingencies for unknown costs and omitted budget items; and
(m) Other expenses we determine necessary to properly perform the
activities and functions characteristic of an irrigation project.
When should I pay my irrigation assessment?
We will mail or hand-deliver your bill notifying you (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.
[[Page 18772]]
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?
Yes. 25 CFR 171.545(a) states: ``We will not provide you irrigation
service until: (1) Your bill is paid; or (2) You make arrangement for
payment pursuant to Sec. 171.550 of this part.'' 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 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. 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 6 percent per year, which will accrue from
the date your bill initially became past due. Pursuant to 31 CFR 901.9,
``Interest, penalties and administrative costs,'' as a Federal agency,
we are required to charge interest, penalties, and administrative costs
in accordance with 31 U.S.C. 3717.
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,'' Federal agencies should consider
referring debts that are less than 180 days delinquent, and 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.
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Project name Project/agency 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, OR 97232-4169,
Telephone: (503) 231-6702..
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Flathead Irrigation Project....... Peter Plant, Acting Superintendent,
Pete Plant, Irrigation Project
Manager, P.O. Box 40, Pablo, MT
59855, Telephones: (406) 675-2700
ext. 1300 Superintendent, (406) 745-
2661 ext. 2 Project Manager.
Fort Hall Irrigation Project...... David Bollinger, Irrigation Project
Manager, Building #2 Bannock Ave,
Fort Hall, ID 83203-0220,
Telephone: (208) 238-6264.
Wapato Irrigation Project......... David Shaw, Superintendent, Larry
Nelson, Acting Project
Administrator, P.O. Box 220,
Wapato, WA 98951-0220, Telephone:
(509) 865-2421 Superintendent,
(509) 877-3155 Acting Project
Administrator.
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Rocky Mountain Region Contacts
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Darryl LaCounte, Regional Director, Bureau of Indian Affairs, Rocky
Mountain Regional Office, 2021 4th Avenue North, Billings, MT 59101,
Telephone: (406) 247-7943..
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Blackfeet Irrigation Project...... Thedis Crowe, 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, John
Anevski, Acting Irrigation Project
Manager, P.O. Box 69, Crow Agency,
MT 59022, Telephones: (406) 638-
2672, Superintendent, (406) 247-
7998, Acting Irrigation Project
Manager.
Fort Belknap Irrigation Project... John St. Pierre, Superintendent,
Vacant, Irrigation Project Manager,
(Project operations & maintenance
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, Telephones: (406) 768-5312,
Superintendent, (406) 653-1752,
Irrigation Project Manager.
[[Page 18773]]
Wind River Irrigation Project..... Norma Gourneau, Superintendent, John
Anevski, Acting Irrigation Project
Manager, P.O. Box 158, Fort
Washakie, WY 82514, Telephones:
(307) 332-7810, Superintendent,
(406) 247-7998, Acting 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, NM
87104, Telephone: (505) 563-3100..
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Pine River Irrigation Project..... Priscilla Bancroft, 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.
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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, AZ
85004, Telephone: (602) 379-6600..
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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 to Tribes), 2719 Argent
Ave., Suite 4, Gateway Plaza, Elko,
NV 89801, Telephone: (775) 738-
5165, (208) 759-3100, (Tribal
Office).
Yuma Project, Indian Unit......... Denni Shields, Superintendent, 256
South Second Avenue, Suite D, Yuma,
AZ 85364, Telephone: (928) 782-
1202.
San Carlos Irrigation Project, Ferris Begay, Project Manager,
Indian Works and Joint Works. Clarence Begay, Irrigation Manager,
13805 N. Arizona Boulevard,
Coolidge, AZ 85128, Telephone:
(520) 723-6225.
Uintah Irrigation Project......... Bart Stevens Superintendent, Ken
Asay, Irrigation System Manager,
P.O. Box 130, Fort Duchesne, UT
84026, Telephone: (435) 722-4300,
(435) 722-4344.
Walker River Irrigation Project... Robert Eben, Superintendent, 311 E.
Washington Street, Carson City, NV
89701, Telephone: (775) 887-3500.
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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 CY 2017 and subsequent years where applicable.
An asterisk immediately following the rate category notes the
irrigation projects where rates are proposed for adjustment.
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Final 2016 Final 2017 Proposed 2018
Project name Rate category rate rate rate **
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Northwest Region Rate Table
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Flathead Irrigation Project (See Note Basic per acre--A....... $26.00 $26.00 $33.50
#1). Basic per acre--B....... 13.00 13.00 16.75
Minimum Charge per tract 75.00 75.00 75.00
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Final 2016 Proposed 2017
Project name Rate category rate rate
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Fort Hall Irrigation Project.................. Basic per acre *................ $52.00 $54.00
Minimum Charge per tract *...... 37.00 38.50
Fort Hall Irrigation Project--Minor Units..... Basic per acre *................ 31.00 32.50
Minimum Charge per tract *...... 37.00 38.50
Fort Hall Irrigation Project--Michaud......... Basic per acre *................ 55.00 57.50
Pressure per acre *............. 83.00 88.50
Minimum Charge per tract *...... 37.00 38.50
Wapato Irrigation Project--Toppenish/Simcoe Minimum Charge per bill......... 25.00 25.00
Units. Basic per acre.................. 25.00 25.00
Wapato Irrigation Project--Ahtanum Units...... Minimum Charge per bill......... 30.00 30.00
Basic per acre.................. 30.00 30.00
Wapato Irrigation Project--Satus Unit......... Minimum Charge per bill......... 79.00 79.00
``A'' Basic per acre............ 79.00 79.00
``B'' Basic per acre............ 85.00 85.00
Wapato Irrigation Project--Additional Works... Minimum Charge per bill......... 78.00 80.00
Basic per acre *................ 78.00 80.00
Wapato Irrigation Project--Water Rental....... Minimum Charge.................. 86.00 86.00
Basic per acre.................. 86.00 86.00
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Rocky Mountain Region Rate Table
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Blackfeet Irrigation Project.................. Basic-per acre.................. 20.00 20.00
Crow Irrigation Project--Willow Creek O&M Basic-per acre *................ 26.00 28.00
(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 *................ 26.00 28.00
Bighorn, Soap Creek, and Pryor Units).
[[Page 18774]]
Crow Irrigation Project--Two Leggins Unit..... Basic-per acre.................. 14.00 14.00
Crow Irrigation Two Leggins Drainage District. Basic-per acre.................. 2.00 2.00
Fort Belknap Irrigation Project............... Basic-per acre.................. 16.00 16.00
Fort Peck Irrigation Project.................. Basic-per acre *................ 26.00 26.50
Wind River Irrigation Project--Units 2, 3 and Basic-per acre *................ 22.50 23.50
4.
Wind River Irrigation Project--Unit 6......... Basic-per acre.................. 21.00 21.00
Wind River Irrigation Project--LeClair Basic-per acre.................. 47.00 47.00
District (See Note #2).
Wind River Irrigation Project--Crow Heart Unit Basic-per acre *................ 15.50 15.75
Wind River Irrigation Project--A Canal Unit... Basic-per acre *................ 15.50 15.75
Wind River Irrigation Project--Riverton Valley Basic-per acre *................ 26.00 30.65
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 *................ 18.00 19.00
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Western Region Rate Table
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Colorado River Irrigation Project............. Basic per acre up to 5.75 acre- 54.00 54.00
feet.
Excess Water per acre-foot over 17.00 17.00
5.75 acre-feet.
Duck Valley Irrigation Project................ Basic per acre.................. 5.30 5.30
Yuma Project, Indian Unit (See Note #3)....... Basic per acre up to 5.0 acre- 113.00 (\1\)
feet *.
Excess Water per acre-foot over 24.50 27.50
5.0 acre-feet *.
Basic per acre up to 5.0 acre- 113.00 (\1\)
feet (Ranch 5) *.
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\1\ To be determined.
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Project name Rate category Final 2016 rate Final 2017 rate Proposed 2018 rate **
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San Carlos Irrigation Project (Joint Basic per acre *..................... $30.00............................... $25.00............................... $27.90.
Works) (See Note #4).
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Proposed 2017 Construction Water Rate Schedule
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Off project construction On project construction--gravity On project construction--pump water
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 [dagger]........... $5.00 per 1,000 gal.................. No Charge............................ No Charge.
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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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Final 2016 Proposed 2017
Project name Rate category rate rate
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San Carlos Irrigation Project (Indian Works) Basic per acre.................. $81.00 $81.00
(See Note #5).
Uintah Irrigation Project..................... Basic per acre.................. 18.00 18.00
Minimum Bill.................... 25.00 25.00
Walker River Irrigation Project............... Basic per acre.................. 31.00 31.00
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* Notes irrigation projects where rates are proposed for adjustment.
** The requirement for a proposed 2018 Rate is only applicable to the Flathead and San Carlos Irrigation
Projects due to their specific billing requirements.
Note #1: Federal Register Notice published August 5, 2016 established the proposed 2017 rate for the Flathead
Irrigation Project (81 FR 51927) (no comments were received to the proposed notice, proposed rate will be
issued as final). This notice proposes the 2018 rate for the Flathead Irrigation Project.
Note #2: The O&M rate varies yearly based upon the budget submitted by the LeClair District.
Note #3: 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 2017
is 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 2017 BIA rate is proposed to be $3.50/acre.
Note #4: The construction water rate schedule proposes the fees assessed for use of irrigation water for non-
irrigation purposes.
A separate proposed Federal Register Notice will establish the final 2017 rate for the SCIP-JW. This notice
proposes the 2018 rate for the SCIP-JW.
Note #5: The proposed 2017 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 $50 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 $25.00 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 $6 per acre.
[[Page 18775]]
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. The
Department of the Interior strives to strengthen its government-to-
government relationship with Indian Tribes through a commitment to
consultation with Indian Tribes and recognition of their right to self-
governance and Tribal sovereignty. We have evaluated this notice under
the Department's consultation policy and under the criteria of
Executive Order 13175 and have determined there to be substantial
direct effects on federally recognized Tribes because the irrigation
projects are located on or associated with Indian reservations. 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 proposed rate adjustments are not a significant energy action
under the definition in Executive Order 13211. A Statement of Energy
Effects is not required.
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 proposed 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 proposed 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. A statement containing the
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531
et seq.) is not required.
Takings (Executive Order 12630)
These proposed rate adjustments do not effect a taking of private
property or otherwise have ``takings'' implications under Executive
Order 12630. The proposed rate adjustments do not deprive the public,
state, or local governments of rights or property.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, these
proposed rate adjustments do not have sufficient federalism
implications to warrant the preparation of a federalism summary impact
statement 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. A
federalism summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
This notice complies with the requirements of Executive Order
12988. Specifically, in issuing this notice, 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, is required by section 3 of Executive Order 12988.
Paperwork Reduction Act of 1995
These proposed 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 (OMB), under the
Paperwork Reduction Act of 1995. The OMB Control Number is 1076-0141
and expires June 30, 2019.
National Environmental Policy Act
The Department has determined that these proposed 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: April 12, 2017.
Michael S. Black,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 2017-08202 Filed 4-20-17; 8:45 am]
BILLING CODE 4337-15-P