[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Notices]
[Pages 65384-65389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17669]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[245A2100DD/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 2025 Irrigation Assessment Rates are effective on January 1, 
2025.

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: Notices of Proposed Rate Adjustment were 
published in the Federal Register on February 8, 2024 (89 FR 8707) and 
May 6, 2024 (89 FR 37238) 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 April 8, 2024, and July 5, 
2024, respectively.

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 five (5) written comments related to the proposed 
2025 irrigation assessment rate adjustment for the BIA Colorado River 
Irrigation Project (CRIP). Comments were received by letter and email.

What issues were of concern to the commenters?

    Comments received relate specifically to the proposed 2025 rate 
adjustment for CRIP and other issues associated only with CRIP. BIA's 
summary of the issues and responses are provided below.
    Comment: Four commenters state a general opposition to the proposed 
CRIP 2025 rate increase because commenters believe basic services, such 
as water delivery, maintenance, and measurements are not being 
provided. The fifth commenter, Colorado River Indian Tribes (CRIT), 
generally supports the proposed 2025 rate adjustment and recommends BIA 
increase future rates because CRIT believes CRIP's operations and 
maintenance (O&M) are underfunded. CRIT further requests that the 
additional revenues from the rate increase be used to improve system 
performance and reliability.
    Response: As noted when rates were proposed in the Federal Register 
on February 8, 2024 (89 FR 8707) and May 6, 2024 (89 FR 37238), BIA is 
required to establish irrigation assessment rates that recover the 
costs to administer, operate, maintain, and rehabilitate our projects. 
As owner of CRIP, BIA assesses rates to ensure adequate resources are 
made available to meet the requirements noted above. BIA's authority to 
assess

[[Page 65385]]

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). 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 CRIP is reasonable.
    The proposed 2025 irrigation assessment adjustments for CRIP's 
basic per acre rate categories are necessary and justified due to the 
increased costs associated with administering, operating, maintaining, 
and rehabilitating CRIP. In accordance with BIA financial guidelines 
and 25 CFR part 171, BIA developed the CRIP budget for 2025 
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 CRIP Project Manager also used his discretion to 
assess and anticipate upcoming financial needs and priorities. The 2025 
expenses were then divided by the total assessable acres within CRIP. 
The $5.00 per acre assessment increase for the ``basic per acre'' rate 
category is necessary to ensure CRIP can pay its anticipated expenses 
for 2025.
    The BIA Colorado River Agency Superintendent and CRIP Project 
Manager routinely attend the CRIT Irrigation Committee's monthly 
meetings to provide project updates and explain proposed rate 
increases. BIA also met with CRIT's Tribal Council on March 25, 2024. 
On March 28, 2024, BIA held a water user meeting and attendees included 
individual water users, CRIT's legal counsel, CRIT's farm director, and 
a U.S. Fish and Wildlife Service biological science technician. During 
all of these meetings, BIA presented details supporting the 2025 
budget, upcoming expenses, and the proposed O&M assessment increase 
from $64 to $69 per acre. BIA also explained it provides irrigation 
service commensurate with its resources, meaning the $5.00 per acre 
assessment increase is needed to improve the project's quality of 
service.
    BIA agrees with commenters that CRIP's water measurement devices 
can be operated and maintained better to meet water delivery 
requirements, and BIA is working to resolve this issue with our 
contractors and experts. BIA is addressing priority deferred 
maintenance projects at CRIP by providing supplemental funding, 
engineering, design, and construction resources to CRIP. From 2022 
through 2024, BIA allocated over $17 million in supplemental funding 
for deferred maintenance projects, such as Lateral 73-36 Check 1 and 
Main Canal Check rehabilitation. BIA provided this supplemental funding 
in addition to revenues collected from CRIP's assessable acres.
    We appreciate water users' participation in our meetings and 
comments, and we have sent a follow-up letter to CRIT in response to 
their unique questions and concerns.
    Comment: Commenters state CRIP is chronically understaffed due to 
its lengthy hiring process and Indian preference requirements, and 
request BIA hire more staff to improve water deliveries along with a 
specific concern that the project is understaffed and personnel costs 
should not increase until vacant positions are filled.
    Response: Due to a variety of reasons, recruitment for CRIP 
positions has proved to be challenging. The BIA Western Regional 
Director and Human Resources team remain committed to filling vacancies 
in CRIP's 78-position organizational chart as rapidly as possible. We 
are currently seeking applicants for the following 13 positions: 2 
Maintenance Workers, 3 Engineering Equipment Operators, 7 Irrigation 
System Operators, and 1 Accounting Technician. Applications are 
reviewed on a rolling basis, and all positions are open until filled. 
Preference in filing vacancies is given to qualified Indian candidates 
in accordance with the Indian Preference Act of 1934 (25 U.S.C. 5116). 
Given our difficulties with filling the Irrigation System Operator 
positions, BIA's Human Resources opened these positions to the public 
in April and authorized recruitment or relocation incentives. All 
applicants must apply online at www.usajobs.gov (search for BIA 
positions in Poston, Arizona). BIA also posted application information 
in local newspapers, and the Superintendent will be attending job fairs 
at local colleges to recruit.
    CRIP's 2025 budget can support personnel salary, benefits, and 
overtime for up to 45 employees, which is an increase of 17 CRIP 
employees above the current 2024 staffing levels. The remaining 33 
vacant positions in CRIP's organizational chart are not accounted for 
or funded in the 2025 budget. The quality of irrigation service will 
improve as vacancies are filled, while also retaining and increasing 
experience levels of existing CRIP staff.
    Comment: Commenters state BIA should have anticipated lost revenue 
from 2023 excess water sales and is punishing irrigators for using less 
water.
    Response: All presently assessable acres within CRIP must pay an 
annual basic per acre charge for up to 5.75 acre-feet of water. If 
additional water is available, irrigators may request more water and 
pay our per acre-foot fee for ``excess water.'' Because the 
availability of excess water fluctuates year-to-year along with 
irrigators' demands, CRIP's excess water revenue fluctuates. In 
calendar years 2020, 2021, and 2022, CRIP's excess water revenues were 
around $480,000, $830,000, and $650,000, respectively. Based on prior 
revenues, BIA budgeted for 2023 excess water revenues of $580,000. This 
estimate, however, fell short, and the actual excess water revenue was 
around $170,000 for 2023. While we do not know why irrigators ordered 
less excess water in 2023 than in prior years, we believe it might be 
in part due to the unusually wet spring in 2023.
    Given the difficulties of predicting an upcoming year's rainfall 
and the amount of excess water irrigators will order, BIA's budgets 
will no longer rely on excess water revenues to fund operational 
expenses. Accordingly, BIA's budgeted excess water revenue for 2024 and 
2025 has been reduced to $150,000 per year. If the revenues from excess 
water sales exceed our budgeted amounts, CRIP will allocate the extra 
funds to filling vacancies or addressing deferred maintenance. Going 
forth, CRIP's budget will instead rely on collections from our basic 
per acre assessment to fund O&M expenses. We do not intend to punish 
irrigators for ordering less water. Rather, our budgets must account 
for the fact that irrigators are conserving and improving their on-farm 
watering techniques.

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

[[Page 65386]]

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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                        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     Eric Bruguier, Acting Irrigation Project
 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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Leslie Shakespeare, Acting 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, 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        Mark Azure, Superintendent, Jim Gappa,
 Project.                       Acting Irrigation Project Manager (BIA),
                                (Project O&M contracted to Tribes under
                                PL 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 PL 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.
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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: Superintendent (970)
                                563-4511; Irrigation Project Manager
                                (970) 563-9484.
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                         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      Davetta Ameelyenah, Superintendent, Gary
 Project.                       Colvin, Irrigation Project Manager,
                                12124 1st Avenue, Parker, AZ 85344.
                                Telephones: Superintendent (928) 669-
                                7111; (928) 662-4392 Irrigation Project
                                Manager.
Duck Valley Irrigation         Phaline Conklin, Superintendent, (Project
 Project.                       O&M compacted to Shoshone-Paiute Tribes
                                under PL 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....  Maureen Brown, 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        Clarence Begay, Supervisory Civil
 Works).                        Engineer (BIA), (Portions of Indian
                                Works O&M compacted to Gila River Indian
                                Community under PL 93-638; Joint Control
                                Board is responsible for portions of
                                Joint Works maintenance pursuant to Gila
                                River Indian Community Water Rights
                                Settlement Act of 2004, 118 Stat. 3499),
                                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; Joint Control Board
                                (520) 562-9760, (520) 723-5408.
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        Colleen Labelle, Superintendent, 311 East
 Project.                       Washington Street, Carson City, NV
                                89701. Telephone: (775) 887-3500.
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[[Page 65387]]

What irrigation assessments or charges are adjusted by this notice?

    The rate table below contains final rates for the 2024 and 2025 
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 2024 rates are different from the 2025 rates.

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                                                                                    Final  2024     Final  2025
                 Project name                             Rate category                rate            rate
----------------------------------------------------------------------------------------------------------------
                                           Northwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Flathead Irrigation Project...................  Basic per acre--A...............          $39.00          $39.00
                                                Basic per acre--B...............           19.50           19.50
                                                Minimum Charge per tract........           75.00           75.00
Fort Hall Irrigation Project..................  Basic per acre *................           65.50           66.50
                                                Minimum Charge per tract *......           41.00           43.00
Fort Hall Irrigation Project--Minor Units.....  Basic per acre *................           45.00           45.50
                                                Minimum Charge per tract *......           41.00           43.00
Fort Hall Irrigation Project--Michaud Unit....  Basic per acre *................           75.00           75.50
                                                Pressure per acre *.............          116.50          117.00
                                                Minimum Charge per tract *......           41.00           43.00
Wapato Irrigation Project--Toppenish/Simcoe     Minimum Charge per bill.........           28.00           28.00
 Units.
                                                Basic per acre..................           28.00           28.00
Wapato Irrigation Project--Ahtanum Units......  Minimum Charge per bill.........           35.00           35.00
                                                Basic per acre..................           35.00           35.00
Wapato Irrigation Project--Satus Unit.........  Minimum Charge per bill.........          100.00          100.00
                                                ``A'' Basic per acre............           86.00           86.00
                                                ``B'' Basic per acre............           92.00           92.00
Wapato Irrigation Project--Additional Works...  Minimum Charge per bill.........          100.00          100.00
                                                Basic per acre..................           87.00           87.00
Wapato Irrigation Project--Water Rental.......  Minimum Charge per bill.........          100.00          100.00
                                                Basic per acre..................          100.00          100.00
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                                        Rocky Mountain Region Rate Table
----------------------------------------------------------------------------------------------------------------
Blackfeet Irrigation Project..................  Basic-per acre..................           21.50           21.50
Crow Irrigation Project--Willow Creek O&M       Basic-per acre..................           30.00           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..................           30.00           30.00
 Bighorn, Soap Creek, and Pryor Units).
Crow Irrigation Project--Two Leggins Unit.....  Basic-per acre..................           15.00           15.00
Crow Irrigation Two Leggins Drainage District.  Basic-per acre..................            3.00            3.00
Fort Belknap Irrigation Project...............  Basic-per acre..................           20.00           20.00
Fort Peck Irrigation Project..................  Basic-per acre..................           29.00           29.00
Wind River Irrigation Project--Units 2, 3 and   Basic-per acre..................           26.00           26.00
 4.
Wind River Irrigation Project--Unit 6.........  Basic-per acre..................           23.00           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 *................           23.50           24.00
----------------------------------------------------------------------------------------------------------------
                                            Western Region Rate Table
----------------------------------------------------------------------------------------------------------------
Colorado River Irrigation Project.............  Basic per acre up to 5.75 acre-            64.00           69.00
                                                 feet *.
                                                Excess Water per acre-foot over            18.00           18.00
                                                 5.75 acre-feet.
Duck Valley Irrigation Project................  Basic per acre *................            5.30           11.00
Yuma Project, Indian Unit (See Note #2).......  Basic per acre up to 5.0 acre-            184.00           ( + )
                                                 feet *.
                                                Excess Water per acre-foot over            35.00           ( + )
                                                 5.0 acre-feet.
                                                Basic per acre up to 5.0 acre-            184.00           ( + )
                                                 feet (Ranch 5).
----------------------------------------------------------------------------------------------------------------


[[Page 65388]]


 
 
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San Carlos Irrigation Project (Joint Works) (See Note #3)..................................                    Basic per acre                    $26.00.................  $26.00
                                                                                            ----------------------------------------------------------------------------------------------------
                                                                                             Proposed 2025 Construction Water Rate Schedule:
                                                                                            ----------------------------------------------------------------------------------------------------
                                                                                                                       Off project.............  On project.............  On project
                                                                                                                       construction............  construction--gravity    construction--pump
                                                                                                                                                  water.                   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  2024     Final  2025
                 Project name                             Rate category                rate            rate
----------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project (Indian Works)    Basic per acre..................          $99.62          $93.85
 (See Note #4).
Uintah Irrigation Project.....................  Basic per acre *................           23.00           25.00
                                                Minimum Charge per bill.........           25.00           25.00
Walker River Irrigation Project...............  Basic per acre *................           31.00           32.00
----------------------------------------------------------------------------------------------------------------
** Notes irrigation projects where BIA 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 $180.00 for 2024 but has not been established for 2025. 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 2024 BIA rate component is $4.00 per acre. The final 2025 BIA rate
  component is $4.50 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 final 2024 and 2025 rate is
  $55.85 per acre. The second component is established by BIA San Carlos Irrigation Project--Joint Works; the
  final 2024 and 2025 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 2024 rate is $17.77 per acre, and the 2025 rate is $12.00 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 
Executive Order 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 Executive Order 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, 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

[[Page 65389]]

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. 2024-17669 Filed 8-8-24; 8:45 am]
BILLING CODE 4337-15-P