[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Notices]
[Pages 10715-10719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03735]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[120A2100DD/AAKC001030/A0A501010.999900]


Rate Adjustments for Indian Irrigation Projects

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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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 April 27, 2020.

ADDRESSES: All comments on the proposed rate adjustments must be in 
writing and addressed to: Ms. 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 proposed rates for calendar year (CY) 2021 for all 
irrigation projects.

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

    In this notice:
    Administrative costs means all costs we incur to administer our 
irrigation projects at the local project level and are 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 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 mean 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 mean 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

[[Page 10716]]

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 CY 2021.

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) Personnel 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.

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 
five 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 the 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 five 
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 six 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.

[[Page 10717]]



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           Project name                    Project/agency contacts
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                        Northwest Region Contacts
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Bryan Mercier, Regional Director, Bureau of Indian Affairs, Northwest
 Regional Office, 911 NE 11th Avenue, Portland, OR 97232-4169,
 Telephone: (503) 231-6702.
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Flathead Indian, Irrigation         Robert Compton, Acting
 Project.                            Superintendent, Larry Nelson,
                                     Acting Irrigation Project Manager,
                                     P.O. Box 40, Pablo, MT 59855,
                                     Telephones: (406) 675-0207 Acting
                                     Superintendent, (406) 745-2661
                                     Project Manager.
Fort Hall, Irrigation Project.....  Tim Gardner, Acting Irrigation
                                     Project Manager, Building #2
                                     Bannock Avenue, Fort Hall, ID 83203-
                                     0220, Telephone: (208) 238-1992.
Wapato, Irrigation Project........  Wyeth Wallace, Acting
                                     Superintendent, Pete Plant, Acting
                                     Project Administrator, 413 South
                                     Camas Avenue, Wapato, WA 98951-
                                     0220, Telephones: (509) 865-2421
                                     Acting Superintendent, (509) 877-
                                     3155 Acting Project Administrator.
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                     Rocky Mountain Region Contacts
------------------------------------------------------------------------
Susan Messerly, Acting Regional Director, Bureau of Indian Affairs,
 Rocky Mountain Regional Office, 2021 4th Avenue North, Billings, MT
 59101, Telephone: (406) 247-7943.
------------------------------------------------------------------------
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..........  Clifford Serawop, Superintendent,
                                     Jim Gappa, Acting Irrigation
                                     Project Manager, (Project operation
                                     & maintenance performed by Water
                                     Users Association), P.O. Box 69,
                                     Crow Agency, MT 59022, Telephones:
                                     (406) 638-2672 Superintendent,
                                     (406) 247-7998 Acting Irrigation
                                     Project Manager.
Fort Belknap, Irrigation Project..  Mark Azure, Superintendent, Jim
                                     Gappa, Irrigation Project Manager
                                     (BIA), (Project operation &
                                     maintenance contracted to Tribes
                                     under PL 93-638), 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, Jim
                                     Gappa, Acting Irrigation Project
                                     Manager, (Project operation &
                                     maintenance performed by Fort Peck
                                     Water Users Association), P.O. Box
                                     637, Poplar, MT 59255, Telephones:
                                     (406) 768-5312 Superintendent,
                                     (406) 653-1752 Huber Wright--Lead
                                     ISO.
Wind River, Irrigation Project....  Leslie Shakespeare, Superintendent,
                                     Jim Gappa, Acting Irrigation
                                     Project Manager, (Project operation
                                     & maintenance for Little Wind,
                                     Johnstown, and Lefthand Units
                                     contracted to Tribes under PL 93-
                                     638; Little Wind-Ray and Upper Wind
                                     Units operation & maintenance
                                     performed by Ray Canal, A Canal,
                                     and Crowheart Water Users
                                     Associations), P.O. Box 158, Fort
                                     Washakie, WY 82514, Telephones:
                                     (307) 332-7810 Superintendent,
                                     (406) 247-7998 Acting Irrigation
                                     Project Manager.
------------------------------------------------------------------------
                        Southwest Region Contacts
------------------------------------------------------------------------
Patricia L. Mattingly, 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.
------------------------------------------------------------------------
                         Western Region Contacts
------------------------------------------------------------------------
Bryan Bowker, Regional Director, Bureau of Indian Affairs, Western
 Regional Office, 2600 North Central Avenue, 4th Floor Mailroom,
 Phoenix, AZ 85004, Telephone: (602) 379-6600.
------------------------------------------------------------------------
Colorado River Irrigation Project.  Clarence Begay, Acting
                                     Superintendent, Gary Colvin,
                                     Irrigation Project Manager, 12124
                                     1st Avenue, Parker, AZ 85344,
                                     Telephone: (928) 669-7111.
Duck Valley Irrigation Project....  Joseph McDade, Superintendent,
                                     (Project operation & maintenance
                                     compacted to Tribes), 2719 Argent
                                     Avenue, 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, Supervisory Civil
                                     Engineer, 13805 North Arizona
                                     Boulevard, Coolidge, AZ 85128,
                                     Telephone: (520) 723-6225.
Uintah Irrigation Project.........  Antonio Pingree, Superintendent, Ken
                                     Asay, Irrigation System Manager,
                                     (Project operation & maintenance
                                     performed by Uintah Indian
                                     Irrigation Project Operation and
                                     Maintenance Company), P.O. Box 130,
                                     Fort Duchesne, UT 84026, Telephone:
                                     (435) 722-4300, (435) 722-4344.
Walker River Irrigation Project...  Robert Eben, Superintendent, 311
                                     East Washington Street, Carson
                                     City, NV 89701, Telephone: (775)
                                     887-3500.
------------------------------------------------------------------------


[[Page 10718]]

What irrigation assessments or charges are proposed for adjustment by 
this notice?

    The rate table below contains current final CY 2020 rates for 
irrigation projects where we recover costs of administering, operating, 
maintaining, and rehabilitating them. The table also contains proposed 
CY 2021 rates for all irrigation projects. An asterisk immediately 
following the rate category notes irrigation projects where rates are 
proposed for adjustment.

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                                                                                                                            Final 2020     Proposed 2021
                                     Project name                                                Rate category                 rate            rate
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                                                               Northwest Region Rate Table
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Flathead Irrigation Project..........................................................  Basic per acre--A................          $33.50          $33.50
                                                                                       Basic per acre--B................           16.75           16.75
                                                                                       Minimum Charge per tract.........           75.00           75.00
Fort Hall Irrigation Project.........................................................  Basic per acre...................           58.50           58.50
                                                                                       Minimum Charge per tract.........           39.00           39.00
Fort Hall Irrigation Project--Minor Units............................................  Basic per acre...................           38.00           38.00
                                                                                       Minimum Charge per tract.........           39.00           39.00
Fort Hall Irrigation Project--Michaud Unit...........................................  Basic per acre...................           63.50           63.50
                                                                                       Pressure per acre *..............           98.50           99.50
                                                                                       Minimum Charge per tract.........           39.00           39.00
Wapato Irrigation Project--Toppenish/Simcoe Units....................................  Minimum Charge per bill..........           25.00           25.00
                                                                                       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..........           80.00           80.00
                                                                                       Basic per acre...................           80.00           80.00
Wapato Irrigation Project--Water Rental..............................................  Minimum Charge per bill..........           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           20.50
Crow Irrigation Project--Willow Creek O&M (includes Agency, Lodge Grass #1, Lodge      Basic-per acre *.................           28.00           28.50
 Grass #2, Reno, Upper Little Horn, and Forty Mile Units).
Crow Irrigation Project--All Others (includes Bighorn, Soap Creek, and Pryor Units)..  Basic-per acre *.................           28.00           28.50
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...................           17.00           17.00
Fort Peck Irrigation Project.........................................................  Basic-per acre...................           27.00           27.00
Wind River Irrigation Project--Units 2, 3 and 4......................................  Basic-per acre...................           25.00           25.00
Wind River Irrigation Project--Unit 6................................................  Basic-per acre...................           22.00           22.00
Wind River Irrigation Project--LeClair District (See Note #1)........................  Basic-per acre...................           47.00           47.00
Wind River Irrigation Project--Crow Heart Unit.......................................  Basic-per acre...................           16.50           16.50
Wind River Irrigation Project--A Canal Unit..........................................  Basic-per acre...................           16.50           16.50
Wind River Irrigation Project--Riverton Valley Irrigation District (See Note #1).....  Basic-per acre...................           30.65           30.65
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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 *.................           21.50           22.00
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                                                                Western Region Rate Table
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Colorado River Irrigation Project....................................................  Basic per acre up to 5.75 acre-             59.00           61.50
                                                                                        feet *.
                                                                                       Excess Water per acre-foot over             18.00           18.00
                                                                                        5.75 acre-feet.
Duck Valley Irrigation Project (See Note #2).........................................  Basic per acre...................            5.30            5.30
Yuma Project, Indian Unit (See Note #3)..............................................  Basic per acre up to 5.0 acre-             154.50             (+)
                                                                                        feet.
                                                                                       Excess Water per acre-foot over             30.00             (+)
                                                                                        5.0 acre-feet.
                                                                                       Basic per acre up to 5.0 acre-             154.50             (+)
                                                                                        feet (Ranch 5).
San Carlos Irrigation Project (Joint Works) (See Note #4)............................  Basic per acre *.................           20.00           25.78
--------------------------------------------------------------------------------------------------------------------------------------------------------


 
                                                                                         Proposed 2021 construction water rate schedule:
                                                                       ---------------------------------------------------------------------------------
                                                                                                                      On project          On project
                                                                                                 Off project        construction--      construction--
                                                                                                 construction        gravity water        pump water
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Administrative Fee.  $300.00............  $300.00...........  $300.00.
                                                                        Usage Fee..........  $250.00 per month..  No Fee............  $100.00 per acre
                                                                                                                                       foot.
                                                                        Excess Water Rate    $5.00 per 1,000 gal  No Charge.........  No Charge.
                                                                         [dagger].
--------------------------------------------------------------------------------------------------------------------------------------------------------


 
                                                                                                                            Final 2020     Proposed 2021
                                     Project name                                                Rate category                 rate            rate
--------------------------------------------------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project (Indian Works) (See Note #5)...........................  Basic per acre *.................          $86.00        $104.00.
Uintah Irrigation Project............................................................  Basic per acre...................           23.00           23.00
                                                                                       Minimum Bill.....................           25.00           25.00

[[Page 10719]]

 
Walker River Irrigation Project......................................................  Basic per acre...................           31.00           31.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Notes irrigation projects where rates are adjusted.
+ The Bureau of Reclamation (BOR) rate component has not been established. See Note #3.
[dagger] The excess water rate applies to all water used in excess of 50,000 gallons in any one month.
Note #1 O&M rates for LeClair and Riverton Valley Irrigation Districts apply to Trust lands that are serviced by each irrigation district. The annual
  O&M rates are based on budgets submitted by LeClair and Riverton Valley Irrigation Districts, respectively.
Note #2 The annual O&M rate is established by the Shoshone-Paiute Tribes who perform O&M under a self-governance compact.
Note #3 The O&M rate for the Yuma Project, Indian Unit has two components. The first component of the O&M rate is established by BOR, the owner and
  operator of the Project. BOR's rate, which is based upon the annual budget submitted by BOR, is $151.00 for 2020 but has not been established for
  2021. The second component of the O&M rate is established by BIA to cover administrative costs, which includes billing and collections for the
  Project. The final 2020 (84 FR 33282 (July 12, 2019)) and proposed 2021 BIA rate component is $3.50/acre.
Note #4 The Construction Water Rate Schedule identifies fees assessed for use of irrigation water for non-irrigation purposes.
Note #5 The O&M rate for the San Carlos Irrigation Project--Indian Works has three components. The first component is established by the San Carlos
  Irrigation Project--Indian Works (BIA), the owner and operator of the Project; the proposed 2021 BIA rate component is $56.00 per acre. The second
  component is established by the San Carlos Irrigation Project--Joint Works and determined to be $25.78 per acre for 2021. The third component is
  established by the San Carlos Irrigation Project Joint Control Board and is $22.22 per acre for 2021.

Consultation and Coordination With Tribal Governments (Executive Order 
13175)

    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 proposed 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. They do 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)

    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 the 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 as 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 January 31, 2023.

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)), pursuant to 43 CFR 46.210(i). In addition, the proposed 
rate adjustments do not present any of the 12 extraordinary 
circumstances listed at 43 CFR 46.215.

    Dated: February 4, 2020.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2020-03735 Filed 2-24-20; 8:45 am]
BILLING CODE 4337-15-P