[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65714-65719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27726]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[190A2100DD/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 request your
comments on the proposed rate adjustments.
DATES: Interested parties may submit comments on the proposed rate
adjustments on or before February 19, 2019.
ADDRESSES: All comments on the proposed rate adjustments must be in
writing and addressed to: Ms. Yulan Jin, Chief, Division of Water and
Power, Office of Trust Services, Mail Stop 4637-MIB, 1849 C Street NW,
Washington, DC 20240, Telephone (202) 219-0941.
FOR FURTHER INFORMATION CONTACT: For details about a particular
irrigation project, please use the tables in SUPPLEMENTARY INFORMATION
section to contact the regional or local office where the project is
located.
SUPPLEMENTARY INFORMATION: The first table in this notice provides
contact information for individuals who can give further information
about the irrigation projects covered by this notice. The second table
provides the proposed rates for calendar year (CY) 2019 for Fort Hall
Irrigation Project and Colorado River Indian Irrigation Project and
proposed rates for CY 2020 for all irrigation projects.
What is the meaning of the key terms used in this notice?
In this notice:
Administrative costs mean all costs we incur to administer our
irrigation projects at the local project level and are a cost factor
included in calculating your operation and maintenance assessment.
Costs incurred at the local project level do not normally include
agency, region, or central office costs unless we state otherwise in
writing.
Assessable acre means lands designated by us to be served by one of
our irrigation projects, for which we collect assessments in order to
recover costs for the provision of irrigation service. (See total
assessable acres.)
BIA means the Bureau of Indian Affairs.
Bill means our statement to you of the assessment charges and/or
fees you owe the United States for administration, operation,
maintenance, and/or rehabilitation. The date we mail or hand-deliver
your bill will be stated on it.
Costs mean the costs we incur for administration, operation,
maintenance, and rehabilitation to provide direct support or benefit to
an irrigation facility. (See administrative costs, operation costs,
maintenance costs, and rehabilitation costs).
Customer means any person or entity to whom or to which we provide
irrigation service.
Due date is the date on which your bill is due and payable. This
date will be stated on your bill.
I, me, my, you and your mean all persons or entities that are
affected by this notice.
Irrigation project means a facility or portion thereof for the
delivery, diversion, and storage of irrigation water that we own or
have an interest in, including all appurtenant works. The term
``irrigation project'' is used interchangeably with irrigation
facility, irrigation system, and irrigation area.
Irrigation service means the full range of services we provide
customers of our irrigation projects. This includes our activities to
administer, operate, maintain, and rehabilitate our projects in order
to deliver water.
Maintenance costs means costs we incur to maintain and repair our
irrigation projects and associated equipment and is a cost factor
included
[[Page 65715]]
in calculating your operation and maintenance assessment.
Operation and maintenance (O&M) assessment means the periodic
charge you must pay us to reimburse costs of administering, operating,
maintaining, and rehabilitating irrigation projects consistent with
this notice and our supporting policies, manuals, and handbooks.
Operation or operating costs means costs we incur to operate our
irrigation projects and equipment and is a cost factor included in
calculating your O&M assessment.
Past due bill means a bill that has not been paid by the close of
business on the 30th day after the due date as stated on the bill.
Beginning on the 31st day after the due date, we begin assessing
additional charges accruing from the due date.
Rehabilitation costs means costs we incur to restore our irrigation
projects or features to original operating condition or to the nearest
state which can be achieved using current technology and is a cost
factor included in calculating your O&M assessment.
Responsible party means an individual or entity that owns or leases
land within the assessable acreage of one of our irrigation projects
and is responsible for providing accurate information to our billing
office and paying a bill for an annual irrigation rate assessment.
Total assessable acres means the total acres served by one of our
irrigation projects.
Water delivery is an activity that is part of the irrigation
service we provide our customers when water is available.
We, us, and our mean the United States Government, the Secretary of
the Interior, the BIA, and all who are authorized to represent us in
matters covered under this notice.
Does this notice affect me?
This notice affects you if you own or lease land within the
assessable acreage of one of our irrigation projects or if you have a
carriage agreement with one of our irrigation projects.
Where can I get information on the regulatory and legal citations in
this notice?
You can contact the appropriate office(s) stated in the tables for
the irrigation project that serves you, or you can use the internet
site for the Government Printing Office at http://www.gpo.gov.
Why are you publishing this notice?
We are publishing this notice to inform you that we propose to
adjust our irrigation assessment rates. This notice is published in
accordance with the BIA's regulations governing its operation and
maintenance of irrigation projects, found at 25 CFR part 171. This
regulation provides for the establishment and publication of the
proposed rates for annual irrigation assessments as well as related
information about our irrigation projects.
What authorizes you to issue this notice?
Our authority to issue this notice is vested in the Secretary of
the Interior by 5 U.S.C. 301 and the Act of August 14, 1914 (38 Stat.
583; 25 U.S.C. 385). The Secretary has in turn delegated this authority
to the Assistant Secretary--Indian Affairs under Part 209, Chapter
8.1A, of the Department of the Interior's Departmental Manual.
When will you put the rate adjustments into effect?
We will put the rate adjustments into effect for CY 2019 and CY
2020.
How do you calculate irrigation rates?
We calculate annual irrigation assessment rates in accordance with
25 CFR part 171.500 by estimating the annual costs of operation and
maintenance at each of our irrigation projects and then dividing by the
total assessable acres for that particular irrigation project. The
result of this calculation for each project is stated in the rate table
in this notice.
What kinds of expenses do you consider in determining the estimated
annual costs of operation and maintenance?
Consistent with 25 CFR part 171.500, these expenses include the
following:
(a) Personnel salary and benefits for the project engineer/manager
and project employees under the project engineer/manager's management
or control;
(b) Materials and supplies;
(c) Vehicle and equipment repairs;
(d) Equipment costs, including lease fees;
(e) Depreciation;
(f) Acquisition costs;
(g) Maintenance of a reserve fund available for contingencies or
emergency costs needed for the reliable operation of the irrigation
facility infrastructure;
(h) Maintenance of a vehicle and heavy equipment replacement fund;
(i) Systematic rehabilitation and replacement of project
facilities;
(j) Contingencies for unknown costs and omitted budget items; and
(k) Other expenses we determine necessary to properly perform the
activities and functions characteristic of an irrigation project.
When should I pay my irrigation assessment?
We will mail or hand-deliver your bill notifying you (a) the amount
you owe to the United States and (b) when such amount is due. If we
mail your bill, we will consider it as being delivered no later than
five business days after the day we mail it. You should pay your bill
by the due date stated on the bill.
What information must I provide for billing purposes?
All responsible parties are required to provide the following
information to the billing office associated with the irrigation
project where you own or lease land within the project's assessable
acreage or to the billing office associated with the irrigation project
with which you have a carriage agreement:
(1) The full legal name of person or entity responsible for paying
the bill;
(2) An adequate and correct address for mailing or hand delivering
our bill; and
(3) The taxpayer identification number or social security number of
the person or entity responsible for paying the bill.
Why are you collecting my taxpayer identification number or social
security number?
Public Law 104-134, the Debt Collection Improvement Act of 1996,
requires that we collect the taxpayer identification number or social
security number before billing a responsible party and as a condition
to servicing the account.
What happens if I am a responsible party but I fail to furnish the
information required to the billing office responsible for the
irrigation project within which I own or lease assessable land or for
which I have a carriage agreement?
If you are late paying your bill because of your failure to furnish
the required information listed above, you will be assessed interest
and penalties as provided below, and your failure to provide the
required information will not provide grounds for you to appeal your
bill or any penalties assessed.
What can happen if I do not provide the information required for
billing purposes?
We can refuse to provide you irrigation service.
[[Page 65716]]
If I allow my bill to become past due, could this affect my water
delivery?
Yes. 25 CFR 171.545(a) states: ``We will not provide you irrigation
service until: (1) Your bill is paid; or (2) You make arrangement for
payment pursuant to Sec. 171.550 of this part.'' If we do not receive
your payment before the close of business on the 30th day after the due
date stated on your bill, we will send you a past due notice. This past
due notice will have additional information concerning your rights. We
will consider your past due notice as delivered no later than five
business days after the day we mail it. We follow the procedures
provided in 31 CFR 901.2, ``Demand for Payment,'' when demanding
payment of your past due bill.
Are there any additional charges if I am late paying my bill?
Yes. We will assess you interest on the amount owed, using the rate
of interest established annually by the Secretary of the United States
Treasury (Treasury) to calculate what you will be assessed. You will
not be assessed this charge until your bill is past due. However, if
you allow your bill to become past due, interest will accrue from the
original due date, not the past due date. Also, you will be charged an
administrative fee of $12.50 for each time we try to collect your past
due bill. If your bill becomes more than 90 days past due, you will be
assessed a penalty charge of six percent per year, which will accrue
from the date your bill initially became past due. Pursuant to 31 CFR
901.9, ``Interest, penalties and administrative costs,'' as a Federal
agency, we are required to charge interest, penalties, and
administrative costs in accordance with 31 U.S.C. 3717.
What else will happen to my past due bill?
If you do not pay your bill or make payment arrangements to which
we agree, we are required to send your past due bill to the Treasury
for further action. Under the provisions of 31 CFR 901.1, ``Aggressive
agency collection activity,'' Federal agencies should consider
referring debts that are less than 180 days delinquent, and we must
send any unpaid annual irrigation assessment bill to Treasury no later
than 180 days after the original due date of the bill.
Who can I contact for further information?
The following tables are the regional and project/agency contacts
for our irrigation facilities.
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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 Irrigation Project....... Peter Plant, Acting Superintendent,
Peter Plant, Irrigation Project
Manager, P.O. Box 40, Pablo, MT
59855, Telephone: (406) 675-0207
ext. 1, Superintendent, (406) 745-
2661 ext. 2, Project Manager.
Fort Hall Irrigation Project...... David Bollinger, Irrigation Project
Manager, Building #2 Bannock Ave.,
Fort Hall, ID 83203-0220,
Telephone: (208) 238-6264.
Wapato Irrigation Project......... David Shaw, Superintendent, Larry
Nelson, Acting Project
Administrator, P.O. Box 220,
Wapato, WA 98951-0220, Telephone:
(509) 865-2421, Superintendent,
(509) 877-3155, Acting Project
Administrator.
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Rocky Mountain Region Contacts
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Robert `Gabe' Morgan, Acting Regional Director, Bureau of Indian
Affairs, Rocky Mountain Regional Office, 2021 4th Ave. North, Billings,
MT 59101, Telephone: (406) 247-7943.
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Blackfeet Irrigation Project...... Thedis Crowe, Superintendent, Greg
Tatsey, Irrigation Project Manager,
Box 880, Browning, MT 59417,
Telephones: (406) 338-7544,
Superintendent, (406) 338-7519,
Irrigation Project Manager.
Crow Irrigation Project........... Michael Addy, Acting Superintendent,
Jim Gappa, Acting Irrigation
Project Manager, P.O. Box 69, Crow
Agency, MT 59022, Telephones: (406)
638-2672, Superintendent, (406) 247-
7998, Acting Irrigation Project
Manager.
Fort Belknap Irrigation Project... Dave Hopkins, Acting Superintendent,
Jim Gappa, Acting Irrigation
Project Manager (BIA), (Project
operations & maintenance contracted
to Tribes), R.R.1, Box 980, Harlem,
MT 59526, Telephones: (406) 353-
2901, Superintendent, (406) 353-
8466, Irrigation Project Manager
(Tribal Office).
Fort Peck Irrigation Project...... Howard Beemer, Superintendent, Huber
Wright, Acting Irrigation Project
Manager, P.O. Box 637, Poplar, MT
59255, Telephones: (406) 768-5312,
Superintendent, (406) 653-1752,
Irrigation Project Manager.
Wind River Irrigation Project..... Norma Gourneau, Superintendent, Jim
Gappa, Acting Irrigation Project
Manager, P.O. Box 158, Fort
Washakie, WY 82514, Telephones:
(307) 332-7810, Superintendent,
(406) 247-7998, Acting Irrigation
Project Manager.
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Southwest Region Contacts
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John D. Halliday, Acting Regional Director, Bureau of Indian Affairs,
Southwest Regional Office, 1001 Indian School Road, Albuquerque, NM
87104, Telephone: (505) 563-3100.
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Pine River Irrigation Project..... Priscilla Bancroft, Superintendent,
Vickie Begay, Irrigation Project
Manager, P.O. Box 315, Ignacio, CO
81137-0315, Telephones: (970) 563-
4511, Superintendent, (970) 563-
9484, Irrigation Project Manager.
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Western Region Contacts
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Bryan Bowker, Regional Director, Bureau of Indian Affairs, Western
Regional Office, 2600 N Central Ave., 4th Floor Mailroom, Phoenix, AZ
85004, Telephone: (602) 379-6600.
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Colorado River Irrigation Project. Kellie Youngbear, Superintendent,
Gary Colvin, Irrigation Project
Manager, 12124 1st Avenue, Parker,
AZ 85344, Telephone: (928) 669-
7111.
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[[Page 65717]]
Duck Valley Irrigation Project.... Joseph McDade, Superintendent,
(Project operations & management
compacted to Tribes), 2719 Argent
Avenue, Suite 4, Gateway Plaza,
Elko, NV 89801, Telephone: (775)
738-5165, (208) 759-3100, Tribal
Office.
Yuma Project, Indian Unit......... Denni Shields, Superintendent, 256
South Second Avenue, Suite D, Yuma,
AZ 85364, Telephone: (928) 782-
1202.
San Carlos Irrigation Project Ferris Begay, Project Manager,
Indian Works and Joint Works. Clarence Begay, Irrigation Manager,
13805 N Arizona Boulevard,
Coolidge, AZ 85128, Telephone:
(520) 723-6225.
Uintah Irrigation Project......... Antonio Pingree, Acting
Superintendent, Ken Asay,
Irrigation System Manager, P.O. Box
130, Fort Duchesne, UT 84026,
Telephone: (435) 722-4300, Acting
Superintendent, (435) 722-4344,
Irrigation System Manager.
Walker River Irrigation Project... Robert Eben, Superintendent, 311 E
Washington Street, Carson City, NV
89701, Telephone: (775) 887-3500.
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What irrigation assessments or charges are proposed for adjustment by
this notice?
The rate table below contains: (1) Current rates for all irrigation
projects where we recover costs of administering, operating,
maintaining, and rehabilitating them; (2) proposed rates for CY 2019
for Fort Hall Irrigation Project and Colorado River Irrigation Project,
where after further review BIA proposes to revise the CY 2019 rates;
and (3) proposed rates for CY 2020 for all Irrigation Projects. An
asterisk immediately following the rate category notes the irrigation
projects where rates are proposed for adjustment.
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Project name Rate category Final 2018 rate Final 2019 rate Proposed 2020 rate
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Northwest Region Rate Table
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Flathead Irrigation Project..... Basic per acre--A. $29.00............ $33.50............ $33.50.
Basic per acre--B. 14.50............. 16.75............. 16.75.
Minimum Charge per 75.00............. 75.00............. 75.00.
tract.
Fort Hall Irrigation Project Basic per acre *.. 56.00............. 57.00............. 58.50.
(See Note #1). Minimum Charge per 39.00............. 39.00............. 39.00.
tract.
Fort Hall Irrigation Project-- Basic per acre *.. 35.00............. 37.00............. 38.00.
Minor Units (See Note #1). Minimum Charge per 39.00............. 39.00............. 39.00.
tract.
Fort Hall Irrigation Project-- Basic per acre *.. 59.50............. 62.00............. 63.50.
Michaud Unit (See Note #1). Pressure per acre 92.50............. 98.50............. 39.00.
*. 96.00............. 39.00.............
Minimum Charge per
tract.
Wapato Irrigation Project-- Minimum Charge per 25.00............. 25.00............. 25.00.
Toppenish/Simcoe Units. bill. 25.00............. 25.00............. 25.00.
Basic per acre....
Wapato Irrigation Project-- Minimum Charge per 30.00............. 30.00............. 30.00.
Ahtanum Units. bill. 30.00............. 30.00............. 30.00.
Basic per acre....
Wapato Irrigation Project--Satus Minimum Charge per 79.00............. 79.00............. 79.00.
Unit. bill. 79.00............. 79.00............. 79.00
``A'' Basic per 85.00............. 85.00............. 85.00.
acre.
``B'' Basic per
acre.
Wapato Irrigation Project-- Minimum Charge per 80.00............. 80.00............. 80.00.
Additional Works. bill. 80.00............. 80.00............. 80.00.
Basic per acre....
Wapato Irrigation Project--Water Minimum Charge per 86.00............. 86.00............. 86.00.
Rental. bill. 86.00............. 86.00............. 86.00.
Basic per acre....
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Rocky Mountain Region Rate Table
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Blackfeet Irrigation Project.... Basic-per acre.... 20.00............. 20.00............. 20.00.
Crow Irrigation Project--Willow Basic-per acre.... 28.00............. 28.00............. 28.00.
Creek O&M (includes Agency,
Lodge Grass #1, Lodge Grass #2,
Reno, Upper Little Horn, and
Forty Mile Units).
Crow Irrigation Project--All Basic-per acre.... 28.00............. 28.00............. 28.00.
Others (includes Bighorn, Soap
Creek, and Pryor Units).
Crow Irrigation Project--Two Basic-per acre.... 14.00............. 14.00............. 14.00.
Leggins Unit.
Crow Irrigation Two Leggins Basic-per acre.... 2.00.............. 2.00.............. 2.00.
Drainage District.
Fort Belknap Irrigation Project. Basic-per acre *.. 16.00............. 16.00............. 17.00.
Fort Peck Irrigation Project.... Basic-per acre.... 26.50............. 27.00............. 27.00.
[[Page 65718]]
Wind River Irrigation Project-- Basic-per acre *.. 24.00............. 24.50............. 25.00.
Units 2, 3 and 4.
Wind River Irrigation Project-- Basic-per acre.... 22.00............. 22.00............. 22.00.
Unit 6.
Wind River Irrigation Project-- Basic-per acre.... 47.00............. 47.00............. 47.00.
LeClair District (See Note #2).
Wind River Irrigation Project-- Basic-per acre.... 16.50............. 16.50............. 16.50.
Crow Heart Unit.
Wind River Irrigation Project--A Basic-per acre.... 16.50............. 16.50............. 16.50.
Canal Unit.
Wind River Irrigation Project-- Basic-per acre.... 30.65............. 30.65............. 30.65.
Riverton Valley Irrigation
District (See Note #2).
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Southwest Region Rate Table
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Pine River Irrigation Project... Minimum Charge per 50.00............. 50.00............. 50.00
tract. 21.50............. 21.00............. 20.00
Basic-per acre *..
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Northwest Region Rate Table
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Colorado River Irrigation Basic per acre up 54.00............. 56.50............. 59.00
Project (See Note #1). to 5.75 acre-feet
*.
Excess Water per 17.00............. 18.00............. 18.00
acre-foot over
5.75 acre-feet *.
Duck Valley Irrigation Project Basic per acre *.. 5.30.............. (+)............... (+)
(See Note #3).
Yuma Project, Indian Unit (See Basic per acre up 147.00............ (+)............... (+)
Note #4). to 5.0 acre-feet.
Excess Water per 30.00............. (+)............... (+)
acre-foot over
5.0 acre-feet.
Basic per acre up 147.00............ (+)............... (+)
to 5.0 acre-feet
(Ranch 5).
San Carlos Irrigation Project Basic per acre *.. 27.90............. 31.25............. 20.00
(Joint Works) (See Note #5).
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Proposed 2020 Construction Water Rate Schedule:
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Off Project On Project On Project Construction--Pump Water
Construction. Construction--Gra
vity Water.
---------------------------------------
Administrative Fee 300.00............ 300.00............ 300.00.
Usage Fee......... 250.00 per month.. No Charge......... 100.00 per acre
foot.
Excess Water Rate 5.00 per 1,000 No Charge......... No Charge.
[dagger]. gal..
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[dagger] The excess water rate applies to all water used in excess of 50,000
gallons in any one month.
San Carlos Irrigation Project Basic per acre *.. 87.60............. 95.40............. 86.00
(Indian Works) (See Note #6).
Uintah Irrigation Project....... Basic per acre *.. 20.00............. 21.00............. 23.00.
Minimum Bill...... 25.00............. 25.00............. 25.00.
Walker River Irrigation Project. Basic per acre.... 31.00............. 31.00............. 31.00.
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+ These rates have not yet been determined. BIA will publish a separate notice for these rates at a later date.
* Notes irrigation projects where rates are proposed for adjustment.
Note #1--BIA will not implement the CY 2019 rates published on August 17, 2018 (Federal Register Notice 83 FR
41102) for the Fort Hall Irrigation Project and the Colorado River Irrigation Project. After further review,
BIA proposes these CY 2019 O&M rates for both projects.
Note #2--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 #3--The annual O&M rate is established by the Shoshone-Paiute Tribes who perform O&M under a self-
governance compact.
Note #4--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, has not been established for 2019 and 2020. 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 proposed 2019 and 2020 BIA rate component is 3.50/acre.
Note #5--The construction water rate schedule proposes the fees assessed for use of irrigation water for non-
irrigation purposes.
[[Page 65719]]
Note #6--The proposed 2020 O&M rates for the San Carlos Irrigation Project--Indian Works has three components.
The first component is the O&M rate established by the San Carlos Irrigation Project--Indian Works, the owner
and operator of the Project; this rate is proposed to be 50.00 per acre. The second component is for the O&M
rate established by the San Carlos Irrigation Project--Joint Works and is determined to be 20.00 per acre for
2020. The third component is the O&M rate established by the San Carlos Irrigation Project Joint Control Board
and is proposed to be 16.00 per acre for 2020.
Consultation and Coordination With Tribal Governments (Executive Order
13175)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. We have evaluated this
notice under the Department's consultation policy and under the
criteria of Executive Order 13175 and have determined there to be
substantial direct effects on federally recognized Tribes because the
irrigation projects are located on or associated with Indian
reservations. To fulfill its consultation responsibility to Tribes and
Tribal organizations, BIA communicates, coordinates, and consults on a
continuing basis with these entities on issues of water delivery, water
availability, and costs of administration, operation, maintenance, and
rehabilitation of projects that concern them. This is accomplished at
the individual irrigation project by project, agency, and regional
representatives, as appropriate, in accordance with local protocol and
procedures. This notice is one component of our overall coordination
and consultation process to provide notice to, and request comments
from, these entities when we adjust irrigation assessment rates.
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (Executive Order 13211)
The proposed rate adjustments are not a significant energy action
under the definition in Executive Order 13211. A Statement of Energy
Effects is not required.
Regulatory Planning and Review (Executive Order 12866)
These proposed rate adjustments are not a significant regulatory
action and do not need to be reviewed by the Office of Management and
Budget under Executive Order 12866.
Regulatory Flexibility Act
These proposed rate adjustments are not a rule for the purposes of
the Regulatory Flexibility Act because they establish ``a rule of
particular applicability relating to rates.'' 5 U.S.C. 601(2).
Unfunded Mandates Reform Act of 1995
These proposed rate adjustments do not impose an unfunded mandate
on state, local, or Tribal governments in the aggregate, or on the
private sector, of more than $130 million per year. They do not have a
significant or unique effect on State, local, or Tribal governments or
the private sector. Therefore, the Department is not required to
prepare a statement containing the information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et seq.).
Takings (Executive Order 12630)
These proposed rate adjustments do not effect a taking of private
property or otherwise have ``takings'' implications under Executive
Order 12630. The proposed rate adjustments do not deprive the public,
State, or local governments of rights or property.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, these
proposed rate adjustments do not have sufficient federalism
implications to warrant the preparation of a federalism summary impact
statement because they will not affect the States, the relationship
between the national government and the States, or the distribution of
power and responsibilities among various levels of government. A
federalism summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
This notice complies with the requirements of Executive Order
12988. Specifically, in issuing this notice, the Department has taken
the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct as required by section 3 of Executive Order 12988.
Paperwork Reduction Act of 1995
These proposed rate adjustments do not affect the collections of
information which have been approved by the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), under the
Paperwork Reduction Act of 1995. The OMB Control Number is 1076-0141
and expires June 30, 2019.
National Environmental Policy Act
The Department has determined that these proposed rate adjustments
do not constitute a major Federal action significantly affecting the
quality of the human environment and that no detailed statement is
required under the National Environmental Policy Act of 1969, 42 U.S.C.
4321-4370(d), pursuant to 43 CFR 46.210(i). In addition, the proposed
rate adjustments do not present any of the 12 extraordinary
circumstances listed at 43 CFR 46.215.
Dated: December 6, 2018.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2018-27726 Filed 12-20-18; 8:45 am]
BILLING CODE 4337-15-P