[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Pages 50905-50910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16399]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[234A2100DD/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 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 2024 Irrigation Assessment Rates are effective on January 1, 
2024.

FOR FURTHER INFORMATION CONTACT: Leslie Underwood, Program Specialist, 
Division of Water and Power, Office of Trust Services, (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 January 18, 2023 (88 FR 2965) to 
propose adjustments to the irrigation assessment rates at several BIA 
irrigation projects. The public and interested parties were provided an 
opportunity to submit written comments during the 60-day period that 
ended March 20, 2023.

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 three (3) written comments related to the 
proposed 2024 irrigation assessment rate adjustments for the Flathead 
Indian Irrigation Project (FIIP) and Wapato Irrigation Project (WIP). 
Comments were received by letter and email.

What issues were of concern to the commenters?

    BIA's summary of the issues and responses are provided below. 
Commenters raised concerns on the proposed rate adjustment about the 
following issues:

The following comments are specific to the Flathead Indian Irrigation 
Project (FIIP)

    Comment: Commenters state a general opposition to the FIIP 2024 
rate increase, along with a specific concern that the project is 
understaffed and personnel costs should not increase until personnel 
are hired.
    Response: As noted when rates were proposed in the Federal Register 
on January 18, 2023 (88 FR 2965), BIA is required to establish 
irrigation 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 February 29, 2008 (73 FR 11028 
at 11039-11041). 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 2024 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 2024 
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 2024 
expenses were then divided by the total assessable acres within FIIP. 
The $3.50 per acre assessment increase for the ``basic per acre--A'' 
rate category, as well as the $1.75 per acre assessment increase for 
the ``basic per acre--B'' rate category, are necessary to ensure FIIP 
can pay its anticipated expenses for 2024.
    Following BIA policy, the FIIP Project Manager held semiannual 
water user meetings on December 13, 2022 and May 15, 2023. Attendees 
included individual water users, Flathead Irrigation District 
representatives, Mission Irrigation District representatives, Jocko 
Irrigation District representatives, and a representative for the 
Confederated Salish and Kootenai Tribes. During these meetings, BIA 
presented details supporting the 2024 budget, upcoming expenses, and 
the proposed O&M assessment increase from $35.50 to $39.00 per acre.
    FIIP provides irrigation service commensurate with its resources 
which means the $3.50 per acre assessment increase is needed to improve 
the project's quality of service. 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.
    Due to a variety of reasons, recruitment for FIIP positions has 
proved to be challenging over the past few years. To address these 
challenges, BIA recently decided to hire three Human Resources (HR) 
personnel dedicated to providing hiring services and employee relations 
to FIIP and the two other BIA irrigation projects--Wapato and Fort 
Hall--in the BIA Northwest Region. The three irrigation projects will 
jointly fund these new HR personnel. Under this HR framework, BIA aims 
to rapidly fill FIIP's vacancies in 2024. FIIP's organizational chart 
contains 58 positions total, of which 37 are currently filled. The 2024 
budget includes personnel salary, benefits, and overtime for FIIP's 
existing personnel and 11 vacant positions. The remaining 10 vacant 
positions in FIIP's organizational chart are not funded in the 2024 
budget.

[[Page 50906]]

    Comment: The Mission and Jacko Irrigation Districts request an 
audit of FIIP to determine what happened to the Cooperative Management 
Entity's supposed $6.5 million of financial assets.
    Response: In 2014, BIA reassumed O&M of FIIP from the dissolved 
Cooperative Management Entity (CME). From March 2014 through June 2015, 
BIA acquired the CME's property and financial assets. BIA has records 
of all reassumption acquisitions, which clearly show CME's financial 
assets totaled around $2 million. Because we have records of all 
reassumption acquisitions and subsequent BIA expenditures on authorized 
purposes, an audit is not warranted.

The Following Comments Are Specific to the Wapato Irrigation Project 
(WIP)

    Comment: The Yakama Nation objects to WIP's assessment increase 
because it will have negative economic consequences on farmers and 
associated agricultural activities.
    Response: As explained above, BIA is required to establish 
irrigation assessment rates that recover the costs to administer, 
operate, maintain, and rehabilitate our projects. BIA's projects are 
important economic contributors to the local communities they serve, 
and they contribute millions of dollars in crop value annually. 
Unfortunately, the costs associated with operating and maintaining an 
irrigation project may increase independently of prices and costs that 
are realized by the irrigators. Historically, BIA tempered irrigation 
rates to demonstrate sensitivity to the economic impact on water users, 
but that past practice resulted in a rate deficiency at some irrigation 
projects. Therefore, funding to operate and maintain these projects 
needs to come from the water users served by those projects.
    BIA's irrigation program has been the subject of serval Office of 
Inspector General (OIG) and U.S. Government Accountability Office (GAO) 
audits. In the most recent OIG audit, No. 96-I-641, March 1996, the OIG 
concluded:

    Operation and maintenance revenues were insufficient to maintain 
the projects, and some projects had deteriorated to the extent that 
their continued capability to deliver water was in doubt. This 
occurred because operation and maintenance rates were not based on 
the full cost of delivering irrigation water, including the costs of 
systematically rehabilitating and replacing project facilities and 
equipment, and because project personnel did not seek regular rate 
increases to cover the full cost of project operation.

    A previous OIG audit performed on WIP, No. 95-I-1402, September 
1995, reached the same conclusion. To address the issues noted in these 
audits, BIA must systematically review and evaluate irrigation 
assessment rates and adjust them, when necessary, to reflect the full 
cost to operate and perform all appropriate maintenance on the 
irrigation project or facility infrastructure to ensure safe and 
reliable operation. If this review and adjustment is not accomplished, 
a rate deficiency can accumulate over time. Rate deficiencies force BIA 
to raise irrigation assessment rates in larger increments over shorter 
periods than would have been otherwise necessary.
    WIP's assessment rates have remained the same from 2016 through 
2023. Although assessments have not changed, all O&M expenses have 
increased due in part to inflation, rising construction costs, and 
spiking energy and fuel costs. Additionally, WIP needs to increase 
revenues to fill vacancies (further details below) and complete 
rehabilitation activities pursuant to our modernization studies. O&M 
revenues must supplement nonreimbursable appropriated funding for large 
upcoming rehabilitation expenses, including reconstruction of the 
Wapato Diversion and improvement of fish passage on the Yakima River, 
as well as repairs to the Drop 1 Pumping Plant that services the Main 
Canal, Main Canal Extension, and Highline Canal. After eight years of a 
stagnant budget, WIP must increase revenues to address its backlog of 
deferred maintenance. BIA has projected this rate increase for several 
years and anticipated increasing the assessment rate in 2024. The WIP 
budget was prepared in accordance with BIA financial guidelines. Based 
on increased costs associated with administering, operating, and 
maintaining, and rehabilitating WIP, the need for the proposed rate 
increase is clear and justified.
    Comment: The Yakama Nation states WIP is chronically understaffed 
and requests a larger and better trained staff to improve water 
delivery operations.
    Response: BIA is committed to filling vacancies in WIP's 87-
position organizational chart. The 2024 budget includes personnel 
salary, benefits, and overtime for 65 employees, which is an increase 
of 16 WIP employees above the current 2023 staffing levels. The 
remaining 22 vacant positions in WIP's organizational chart are not 
accounted for in the 2024 O&M budget. As explained above, WIP will soon 
receive hiring assistance from HR staff dedicated to filling irrigation 
vacancies in the BIA Northwest Region. Under this new HR framework, WIP 
aims to aggressively fill its vacancies in 2024.
    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 WIP staff. BIA provides 
routine training to its staff on topics including, but not limited to, 
financial management, safety and security, water measurement, herbicide 
application, defensive driving, and heavy equipment operations.
    Comment: The Yakama Nation requests consultation on the 
justification for the 2024 proposed annual irrigation assessment rates 
in addition to frequent opportunities to consult and receive updates on 
WIP's operations and upgrades.
    Response: 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, and through semiannual water user 
meetings. 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.
    For several years, the WIP Project Manager has advised water users 
that a rate increase is necessary. Most recently, WIP held its 
semiannual water user meetings on November 2, 2022 and March 20, 2023. 
Attendees included the Yakama Reservation Irrigation District board 
members, individual water users, Yakama Nation employees, and a member 
of the Yakama Nation's Tribal Council Committee on Roads, Irrigation, 
and Lands. Additionally, the WIP Project Administrator met with the 
Yakama Nation Tribal Council on March 5, 2021 and April 5, 2023. At all 
of these meetings, BIA explained upcoming project expenses and the 
basis for increasing WIP's 2024 irrigation assessment rates. Attendees' 
comments and questions have been taken into consideration. We 
appreciate the Yakama Nation's participation in our meetings and 
comments regarding how to improve WIP, and we have sent a follow-up 
letter to the Yakama Nation with additional details.

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

[[Page 50907]]

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.

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
------------------------------------------------------------------------
                        Northwest Region Contacts
------------------------------------------------------------------------
  Bryan Mercier, Regional Director, Bureau of Indian Affairs, Northwest
Regional Office, 911 NE 11th Avenue, Portland, OR 97232-4169. Telephone:
                             (503) 231-6702.
------------------------------------------------------------------------
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
------------------------------------------------------------------------
   Susan Messerly, Regional Director, Bureau of Indian Affairs, Rocky
  Mountain Regional Office, 2021 4th Avenue North, Billings, MT 59101.
                       Telephone: (406) 247-7943.
------------------------------------------------------------------------
Blackfeet Irrigation Project......  Kenneth Bird, Superintendent, Greg
                                     Tatsey, Irrigation Project Manager,
                                     P.O. Box 880, Browning, MT 59417.
                                     Telephones: Superintendent (406)
                                     338-7544; Irrigation Project
                                     Manager (406) 338-7519.
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:
                                     Superintendent (406) 638-2672;
                                     Acting Irrigation Project Manager
                                     (406) 247-7998.
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. Telephones:
                                     Superintendent (406) 353-2901;
                                     Irrigation Project Manager, Tribal
                                     Office (406) 353-8454.
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:
                                     Superintendent (406) 768-5312;
                                     Acting Irrigation Project Manager
                                     (406) 247-7998.
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:
                                     Superintendent (307) 332-7810;
                                     Acting Irrigation Project Manager
                                     (406) 247-7998.
------------------------------------------------------------------------
                        Southwest Region Contacts
------------------------------------------------------------------------
   Patricia L. Mattingly, Regional Director, Bureau of Indian Affairs,
 Southwest Regional Office, 1001 Indian School Road NW, Albuquerque, NM
                    87104. Telephone: (505) 563-3100.
------------------------------------------------------------------------
Pine River Irrigation Project.....  Priscilla Bancroft, Superintendent,
                                     Vickie Begay, Irrigation Project
                                     Manager, P.O. Box 315, Ignacio, CO
                                     81137-0315. Telephones:
                                     Superintendent (970) 563-4511;
                                     Irrigation Project Manager (970)
                                     563-9484.
------------------------------------------------------------------------
                         Western Region Contacts
------------------------------------------------------------------------
   Jessie Durham, 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.  Davetta Ameelyenah, Superintendent,
                                     Gary Colvin, Irrigation Project
                                     Manager, 12124 1st Avenue, Parker,
                                     AZ 85344. Telephones:
                                     Superintendent (928) 669-7111;
                                     (928) 662-4392 Irrigation Project
                                     Manager.
Duck Valley Irrigation Project....  Micah Runels, Acting 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: Superintendent (775)
                                     738-5165; Tribal Office (208) 759-
                                     3100.
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: Superintendent (928)
                                     782-1202; BOR Area Office Manager
                                     (928) 343-8100.
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: Project Manager (520)
                                     723-6225; Supervisory Civil
                                     Engineer (520) 723-6203; Gila River
                                     Indian Irrigation & Drainage
                                     District (520) 562-6720.

[[Page 50908]]

 
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: Superintendent
                                     (435) 722-4300; Irrigation System
                                     Manager (435) 722-4344; Uintah
                                     Indian Irrigation Operation and
                                     Maintenance Company (435) 724-5200.
Walker River Irrigation Project...  Colleen Labelle, Superintendent, 311
                                     East Washington Street, Carson
                                     City, NV 89701. Telephone: (775)
                                     887-3500.
------------------------------------------------------------------------

    What irrigation assessments or charges are adjusted by this notice?
    The rate table below contains final rates for the 2023 and 2024 
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 irrigation 
projects where 2023 rates are different from the 2024 rates.

----------------------------------------------------------------------------------------------------------------
                                                                                    Final 2023      Final 2024
                 Project name                             Rate category                rate            rate
----------------------------------------------------------------------------------------------------------------
                                           Northwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Flathead Irrigation Project...................  Basic per acre--A *.............          $35.50          $39.00
                                                Basic per acre--B *.............           17.75           19.50
                                                Minimum Charge per tract........           75.00           75.00
Fort Hall Irrigation Project..................  Basic per acre *................           64.50           65.50
                                                Minimum Charge per tract........           41.00           41.00
Fort Hall Irrigation Project--Minor Units.....  Basic per acre..................           45.00           45.00
                                                Minimum Charge per tract........           41.00           41.00
Fort Hall Irrigation Project--Michaud Unit....  Basic per acre *................           73.50           75.00
                                                Pressure per acre *.............          114.00          116.50
                                                Minimum Charge per tract........           41.00           41.00
Wapato Irrigation Project--Toppenish/Simcoe     Minimum Charge per bill *.......           25.00           28.00
 Units.
                                                Basic per acre *................           25.00           28.00
Wapato Irrigation Project--Ahtanum Units......  Minimum Charge per bill *.......           30.00           35.00
                                                Basic per acre *................           30.00           35.00
Wapato Irrigation Project--Satus Unit.........  Minimum Charge per bill *.......           79.00          100.00
                                                ``A'' Basic per acre *..........           79.00           86.00
                                                ``B'' Basic per acre *..........           85.00           92.00
Wapato Irrigation Project--Additional Works...  Minimum Charge per bill *.......           80.00          100.00
                                                Basic per acre *................           80.00           87.00
Wapato Irrigation Project--Water Rental.......  Minimum Charge per bill *.......           90.00          100.00
                                                Basic per acre *................           90.00          100.00
----------------------------------------------------------------------------------------------------------------
                                        Rocky Mountain Region Rate Table
----------------------------------------------------------------------------------------------------------------
Blackfeet Irrigation Project..................  Basic-per acre *................           20.50           21.50
Crow Irrigation Project--Willow Creek O&M       Basic-per acre *................           29.00           30.00
 (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 *................           29.00           30.00
 Bighorn, Soap Creek, and Pryor Units).
Crow Irrigation Project--Two Leggins Unit.....  Basic-per acre *................           14.00           15.00
Crow Irrigation Two Leggins Drainage District.  Basic-per acre *................            2.00            3.00
Fort Belknap Irrigation Project...............  Basic-per acre *................           19.00           20.00
Fort Peck Irrigation Project..................  Basic-per acre *................           28.00           29.00
Wind River Irrigation Project--Units 2, 3 and   Basic-per acre *................           25.00           26.00
 4.
Wind River Irrigation Project--Unit 6.........  Basic-per acre *................           22.00           23.00
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).
----------------------------------------------------------------------------------------------------------------
                                           Southwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Pine River Irrigation Project.................  Minimum Charge per tract........           75.00           75.00
                                                Basic-per acre *................           23.00           23.50
----------------------------------------------------------------------------------------------------------------
                                            Western Region Rate Table
----------------------------------------------------------------------------------------------------------------
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-            161.00           ( + )
                                                 feet.

[[Page 50909]]

 
                                                Excess Water per acre-foot over            30.00           ( + )
                                                 5.0 acre-feet.
                                                Basic per acre up to 5.0 acre-            161.00           ( + )
                                                 feet (Ranch 5).
----------------------------------------------------------------------------------------------------------------


 
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project (Joint Works) (See Note #3)..................................                    Basic per acre                    $26.00.................  $26.00
                                                                                            ----------------------------------------------------------------------------------------------------
                                                                                             Final 2024 Construction Water Rate Schedule:
                                                                                            ----------------------------------------------------------------------------------------------------
                                                                                                                       Off project.............  On project.............  On 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 2023      Final 2024
                 Project name                             Rate category                rate            rate
----------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project (Indian Works)    Basic per acre *................          $90.50          $99.62
 (See Note #4).
Uintah Irrigation Project.....................  Basic per acre..................           23.00           23.00
                                                Minimum Bill....................           25.00           25.00
Walker River Irrigation Project...............  Basic per acre..................           31.00           31.00
----------------------------------------------------------------------------------------------------------------
* Notes irrigation projects where rates are adjusted.
+ These rates have not yet been determined.
[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 O&M rate for the Yuma Project, Indian Unit has two components. The first component of the O&M rate
  is established by the Bureau of Reclamation (BOR), the owner and operator of the Project. BOR's rate, which is
  based upon the annual budget submitted by BOR is $157.00 for 2023 but has not been established for 2024. 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 2023 and 2024 BIA rate component is $4.00 per acre.
Note #3: The Construction Water Rate Schedule identifies fees assessed for use of irrigation water for non-
  irrigation purposes.
Note #4: The O&M rate for the San Carlos Irrigation Project--Indian Works has three components. The first
  component is established by BIA San Carlos Irrigation Project--Indian Works, the owner and operator of the
  Project; the 2023 rate is $56.50 per acre, and final 2024 rate is $55.85 per acre. The second component is
  established by BIA San Carlos Irrigation Project--Joint Works; the 2023 rate is $26.00 per acre, and final
  2024 rate is $26.00 per acre. The third component is established by the San Carlos Irrigation Project Joint
  Control Board (comprised of representatives from the Gila River Indian Community and the San Carlos Irrigation
  and Drainage District); the 2023 rate is $8.00 per acre (revised from $16.94 per acre), and 2024 rate is
  $17.77 per acre.

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, as Amended by 
E.O. 14094)

    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, as amended by E.O. 14094.

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,

[[Page 50910]]

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 effect 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 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 
March 31, 2026.

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. 2023-16399 Filed 8-1-23; 8:45 am]
BILLING CODE 4337-15-P