Federal Register, Volume 87 Issue 145 (Friday, July 29, 2022)

[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Notices]
[Pages 45789-45794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16324]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[223A2100DD/AAKC001030/A0A501010.999900 253G]

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 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: The 2023 Irrigation Assessment Rates are effective on January 1,
2023.

FOR FURTHER INFORMATION CONTACT: David Fisher, Chief, Division of Water
and Power, (406) 657-5985. For details about a particular BIA
irrigation project, please use the tables in the SUPPLEMENTARY
INFORMATION section to contact the BIA regional or local office where
the irrigation project is located.

SUPPLEMENTARY INFORMATION: A Notice of Proposed Rate Adjustment was
published in the Federal Register on April 1, 2022 (87 FR 19116) 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 May 31, 2022.

Did BIA defer or change any proposed rate increases?

No. BIA did not defer or change any proposed rate increases.

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

Yes. BIA received nine (9) written comments related to the proposed
2023 irrigation assessment rate adjustment for the Flathead Indian
Irrigation Project (FIIP). Comments were received by letter and email.

What issues were of concern to the commenters?

Comments received relate specifically to the proposed 2023
irrigation assessment rate adjustment for FIIP. BIA's summary of the
issues and responses are provided below.
Comment: Commenters state a general opposition to the FIIP
irrigation assessment rate adjustment and BIA's methodology for
determining FIIP's budget, including a specific concern that available
funds from October 2021 should be depleted and the budget should not
include funding for all vacant personnel positions.
Response: As noted when rates were proposed in the Federal Register
on April 1, 2022 (87 FR 19116), BIA is required to establish irrigation

[[Page 45790]]

assessment rates that recover the costs to administer, operate,
maintain, and rehabilitate our projects. As owner of FIIP, it is BIA's
responsibility to ensure adequate resources are made available to meet
the requirements noted above. BIA's authority to assess rates is
codified at 25 U.S.C. 381 et seq. and is addressed in BIA's regulations
at 25 CFR part 171. See also 73 FR 11,028, 11,030 (February 29, 2008).
Additionally, the repayment contracts between the respective irrigation
districts and the Department of the Interior explicitly state that
operation and maintenance (O&M) expenses ``shall be paid . . . as
provided . . . by rules made or to be made . . . by the Secretary of
the Interior.'' The procedures followed by BIA in adjusting its
irrigation assessment rates are consistent with applicable law and past
practice, and the methodology used by BIA to determine the O&M
assessment rates for FIIP is reasonable.
The proposed 2023 irrigation assessment adjustments for FIIP's
basic per acre rate categories are necessary and justified due to the
increased costs associated with administering, operating, maintaining,
and rehabilitating FIIP. In accordance with BIA financial guidelines
and 25 CFR part 171, BIA developed the FIIP budget for 2023
expenditures and income approximately two years in advance. BIA relied
on financial reports generated by the Financial and Business Management
System and procurement files to review past expenditures and project a
future budget. The FIIP Project Manager also used his discretion to
assess and anticipate upcoming financial needs and priorities. The 2023
expenses were then divided by the total assessable acres within FIIP.
The $2 per acre assessment increase for the ``basic per acre--A'' rate
category is necessary to ensure FIIP can pay its anticipated expenses
for 2023.
Following BIA policy, the FIIP Project Manager held two meetings in
April 2022 with representatives of the Flathead Irrigation District,
Mission Irrigation District, and Jocko Irrigation District to discuss
the proposed 2023 irrigation assessment increase from $33.50 to $35.50
per acre. During these meetings, BIA provided details supporting the
2023 budget, justifications, and proposed O&M assessment.
Some commenters submitted a copy of FIIP's account balances as of
October 2021 that did not include the account purposes or expenses.
While FIIP's account balances totaled nearly $6.3 million in October
2021, this money was allocated for specific purposes and upcoming
expenses. BIA irrigation projects are required to maintain a sinking
fund for heavy equipment replacement and maintenance, a reserve fund
for emergencies and contingencies, and funding for environmental
compliance activities; $4.2 million of the $6.3 million was allocated
for these purposes. Approximately $400,000 of the $6.3 million was
allocated for scheduled construction activities on FIIP's aging
infrastructure. The remaining $1.7 million of the $6.3 million was
budgeted for 2021, 2022, and 2023 O&M expenses, including: personnel,
equipment costs, acquisition costs, and materials and supplies. We
believe FIIP's account balances in October 2021 were reasonable and
appropriate because FIIP receives the bulk of its O&M collections twice
annually, its account balance fluctuates throughout the year, and
actual expenditures may vary from budgeted or estimated expenses.
Although a small portion of the October 2021 available funds were
intended for 2023 O&M expenses, FIIP must increase its 2023 assessment
rates to avoid a deficit and ensure it has sufficient funds for the
remainder of its O&M expenditures in 2023.
Regarding funding for personnel, the proposed 2023 O&M assessment
does not include funding for all vacant positions. The 2023 budget
includes personnel salary, benefits, and overtime for FIIP's 32
employees as well as two vacant positions. The remaining 23 vacant
positions in FIIP's organizational chart are not accounted for in the
2023 budget.
Comment: Two commenters state the quality of irrigation service and
water flow need to improve before assessments are increased.
Response: FIIP provides irrigation service commensurate with its
resources which means the $2 per acre assessment increase is needed to
improve the project's quality of service. The increased revenue will
allow FIIP to fill two vacant personnel positions--one hydrologist and
one civil engineer. The quality of irrigation service will improve as
funding becomes available to fill additional personnel positions, while
also retaining and increasing experience levels of existing FIIP staff.
FIIP is actively working with the BIA Northwest Region and BIA human
resources offices to fill its vacant personnel positions subject to
available funding.
The FIIP rate adjustment is also needed to maintain the project's
existing quality of service and assure its water delivery obligations
are satisfied. Many O&M expenses are not consistent from year to year
or under BIA's control, including the costs of existing personnel,
pumping, materials and supplies, and repairs. Federal personnel
expenses require the use of local area pay tables for General Schedule
and Federal Wage System employees, maintained and managed by the Office
of Personnel Management, and factor in the annual cost of living
increases, annual wage board estimates, and annual overtime estimates.
Power expenses for pumping are weather dependent and vary widely from
year to year. And the costs of materials, supplies, and repairs are
subject to depreciation and inflation.
Comment: One commenter recommends using the Confederated Salish and
Kootenai Tribes' water settlement funds to pay for O&M instead of
increasing assessment rates.
Response: The Montana Water Rights Protection Act (Consolidated
Appropriations Act of 2021, Division DD, Pub. L. 116-260, 134 stat.
1182) authorized funds to implement the Act as well as the water rights
compact entered into by the Confederated Salish and Kootenai Tribes,
the State of Montana, and the United States. The Act authorizes the use
of appropriated funds for certain activities, including certain
rehabilitation, modernization, mitigation, reclamation, and restoration
activities set forth in section 7 of the Act. The Act does not,
however, authorize the use of those funds for O&M costs of FIIP.

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 (Secretary) 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.

[[Page 45791]]

Whom 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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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 Project Larry Nelson, Acting Irrigation
Project Manager, 220 Project Drive,
St. Ignatius, MT 59865, Telephone:
(406) 745-2661.
Fort Hall Irrigation Project...... David Bollinger, Irrigation Project
Manager, 36 Bannock Avenue, Fort
Hall, ID 83203-0220, Telephone:
(208) 238-1992.
Wapato Irrigation Project......... Pete Plant, Project Administrator,
413 South Camas Avenue, Wapato, WA
98951-0220, Telephone: (509) 877-
3155.
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Rocky Mountain Region Contacts
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Susan Messerly, 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...... Kenneth Bird, Acting Superintendent,
Greg Tatsey, Irrigation Project
Manager, P.O. 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 (BIA), (Project O&M
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, Acting Irrigation Project
Manager (BIA), (Project O&M
contracted to Tribes under Pub. L.
93-638), 158 Tribal Way, Suite B,
Harlem, MT 59526, Telephone: (406)
353-2901 Superintendent, (406) 353-
8454 Irrigation Project Manager
(Tribal Office).
Fort Peck Irrigation Project...... Anna Eder, Superintendent, Jim
Gappa, Acting Irrigation Project
Manager (BIA), (Project O&M
performed by Fort Peck Water Users
Association), P.O. Box 637, Poplar,
MT 59255, Telephones: (406) 768-
5312 Superintendent, (406) 247-7998
Acting Irrigation Project Manager,
(406) 653-1752 Lead ISO--Huber
Wright.
Wind River Irrigation Project..... Leslie Shakespeare, Superintendent,
Jim Gappa, Acting Irrigation
Project Manager (BIA), (Project O&M
for Little Wind, Johnstown, and
Lefthand Units contracted to Tribes
under Pub. L. 93-638; Little Wind-
Ray and Upper Wind Units O&M
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.
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Southwest Region Contacts
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Patricia L. Mattingly, Regional Director, Bureau of Indian Affairs,
Southwest Regional Office, 1001 Indian School Road NW, 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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Jessie Durham, Acting Regional Director, Bureau of Indian Affairs,
Western Regional Office, 2600 North Central Avenue, 4th Floor Mailroom,
Phoenix, AZ 85004, Telephone: (602) 379-6600.
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Colorado River Irrigation Project. Davetta Ameelyenah, Superintendent,
Gary Colvin, Irrigation Project
Manager, 12124 1st Avenue, Parker,
AZ 85344, Telephones: (928) 669-
7111 Superintendent, (928) 662-4392
Irrigation Project Manager.
Duck Valley Irrigation Project.... Joseph McDade, Superintendent,
(Project O&M compacted to Shoshone-
Paiute Tribes under Pub. L. 93-
638), 2719 Argent Avenue, Suite 4,
Gateway Plaza, Elko, NV 89801,
Telephones: (775) 738-5165
Superintendent, (208) 759-3100
Tribal Office.
Yuma Project, Indian Unit......... Denni Shields, Superintendent,
(Bureau of Reclamation (BOR) owns
the Project and is responsible for
O&M), 256 South Second Avenue,
Suite D, Yuma, AZ 85364,
Telephones: (928) 782-1202
Superintendent, (928) 343-8100 BOR
Area Office Manager.
San Carlos Irrigation Project Ferris Begay, Project Manager (BIA),
(Indian Works and Joint Works). Clarence Begay, Supervisory Civil
Engineer (BIA), (Portions of Indian
Works O&M compacted to Gila River
Indian Community under Pub. L. 93-
638), 13805 North Arizona
Boulevard, Coolidge, AZ 85128,
Telephones: (520) 723-6225 Project
Manager, (520) 723-6203 Acting
Supervisory Civil Engineer, (520)
562-6720 Gila River Indian
Irrigation & Drainage District.
Uintah Irrigation Project......... Antonio Pingree, Superintendent, Ken
Asay, Irrigation System Manager
(BIA), (Project O&M performed by
Uintah Indian Irrigation Project
Operation and Maintenance Company),
P.O. Box 130, Fort Duchesne, UT
84026, Telephones: (435) 722-4300
Superintendent, (435) 722-4344
Irrigation System Manager, (435)
724-5200 Uintah Indian Irrigation
Operation and Maintenance Company.
Walker River Irrigation Project... Rachael Larson, Superintendent, 311
East Washington Street, Carson
City, NV 89701, Telephone: (775)
887-3501.
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[[Page 45792]]

What irrigation assessments or charges are adjusted by this notice?

The rate table below contains final rates for the 2022 and 2023
calendar years for all irrigation projects where we recover costs of
administering, operating, maintaining, and rehabilitating them. An
asterisk immediately following the rate category notes the irrigation
projects where 2022 rates are different from the 2023 rates.

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Final 2022 Final 2023
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 $35.50
Basic per acre--B *............. 16.75 17.75
Minimum Charge per tract........ 75.00 75.00
Fort Hall Irrigation Project.................. Basic per acre *................ 62.50 64.50
Minimum Charge per tract *...... 40.00 41.00
Fort Hall Irrigation Project--Minor Units..... Basic per acre *................ 41.00 45.00
Minimum Charge per tract *...... 40.00 41.00
Fort Hall Irrigation Project--Michaud Unit.... Basic per acre *................ 68.50 73.50
Pressure per acre *............. 106.50 114.00
Minimum Charge per tract *...... 40.00 41.00
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......... 80.00 80.00
Basic per acre.................. 80.00 80.00
Wapato Irrigation Project--Water Rental....... Minimum Charge per bill *....... 86.00 90.00
Basic per acre *................ 86.00 90.00
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Rocky Mountain Region Rate Table
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Blackfeet Irrigation Project.................. Basic-per acre.................. 20.50 20.50
Crow Irrigation Project--Willow Creek O&M Basic-per acre *................ 28.50 29.00
(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 *................ 28.50 29.00
Bighorn, Soap Creek, and Pryor Units).
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 *................ 18.00 19.00
Fort Peck Irrigation Project.................. Basic-per acre *................ 27.00 28.00
Wind River Irrigation Project--Units 2, 3 and Basic-per acre.................. 25.00 25.00
4.
Wind River Irrigation Project--Unit 6......... Basic-per acre.................. 22.00 22.00
Wind River Irrigation Project--LeClair Basic-per acre.................. 47.00 47.00
District (See Note #1).
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 Basic-per acre.................. 30.65 30.65
Irrigation District (See Note #1).
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Southwest Region Rate Table
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Pine River Irrigation Project................. Minimum Charge per tract *...... 50.00 75.00
Basic-per acre *................ 22.50 23.00
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Western Region Rate Table
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Colorado River Irrigation Project............. Basic per acre up to 5.75 acre- 64.00 64.00
feet.
Excess Water per acre-foot over 18.00 18.00
5.75 acre-feet.
Duck Valley Irrigation Project................ Basic per acre.................. 5.30 5.30
Yuma Project, Indian Unit (See Note #2)....... Basic per acre up to 5.0 acre- 157.00 ( + )
feet.
Excess Water per acre-foot over 30.00 ( + )
5.0 acre-feet.
Basic per acre up to 5.0 acre- 157.00 ( + )
feet (Ranch 5).
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[[Page 45793]]

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San Carlos Irrigation Project (Joint Works) (See Note #3).................................. Basic per acre $26.00................. $26.00
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2023 Construction Water Rate Schedule:
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Off project............. On project............. On project
construction............ construction--gravity 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 $5.00 per 1,000 gal..... No Charge.............. No Charge.
[dagger].
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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)

These 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 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. 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 rate adjustments do not affect a taking of private property
or otherwise have ``takings'' implications under Executive Order 12630.
The 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
rate adjustments do not have sufficient federalism implications to
warrant the preparation of a federalism summary impact statement
because they will not

[[Page 45794]]

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 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 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 rate
adjustments do not present any of the 12 extraordinary circumstances
listed at 43 CFR 46.215.

Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2022-16324 Filed 7-28-22; 8:45 am]
BILLING CODE 4337-15-P