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Notice2023-16399

Rate Adjustments for Indian Irrigation Projects

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published

August 2, 2023

Effective

January 1, 2024

Issuing agencies

Interior DepartmentIndian Affairs Bureau

Abstract

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.

Full Text

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<title>Federal Register, Volume 88 Issue 147 (Wednesday, August 2, 2023)</title>
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[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Pages 50905-50910]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.gpo.gov">www.gpo.gov</a>.

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.

------------------------------------------------------------------------
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.
------------------------------------------------------------------------
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].
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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

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