Notice2025-16221

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 25, 2025
Effective
January 1, 2026

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 90 Issue 162 (Monday, August 25, 2025)</title>
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[Federal Register Volume 90, Number 162 (Monday, August 25, 2025)]
[Notices]
[Pages 41404-41409]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16221]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[256A2100DD/AAKC001030/A0A501010.000000]


Rate Adjustments for Indian Irrigation Projects

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

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 2026 Irrigation Assessment Rates are effective on January 1, 
2026.

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. 
Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services.

SUPPLEMENTARY INFORMATION: A Notice of Proposed Rate Adjustment was 
published in the Federal Register on December 26, 2024 (89 FR 105090) 
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 February 24, 2025.

[[Page 41405]]

Did BIA defer or change any proposed rate increases?

    Yes. After further consideration, we have decided to defer proposed 
per acre increases to Flathead Irrigation Project and remain at the 
2025 amounts of $39.00 for ``A'' acres and $19.50 for ``B'' acres. All 
other rates are to be implemented at the respective irrigation projects 
as proposed.

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

    Yes. BIA received one written comment related to the proposed 2026 
irrigation assessment rate adjustment for the BIA Fort Belknap Indian 
Irrigation Project (FBIIP). The comment was received by letter and 
email.

What issues were of concern to the commenters?

    The comment received relates specifically to the proposed 2026 rate 
adjustment for FBIIP and other issues associated only with FBIIP. BIA's 
summary of the issues and responses are provided below.
    Comment: The Fort Belknap Indian Community (FBIC) objects to the 
proposed FBIIP 2026 rate increase because irrigators are experiencing 
economic hardship and cannot afford an increase at this time.
    Response: As noted, when rates were proposed in the Federal 
Register on December 26, 2024 (89 FR 105090), BIA is required to 
establish irrigation assessment rates that recover the costs to 
administer, operate, maintain, and rehabilitate our projects. As owner 
of FBIIP, 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). 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 operation 
and maintenance (O&M) assessment rates for FBIIP is reasonable. FBIIP 
is a federally owned irrigation project, which is operated and 
maintained by the FBIC under a P.L. 93-638 Indian Self-Determination 
and Education Assistance Act contract. BIA's projects are important 
economic contributors to the local communities they serve, but the 
costs associated with operating and maintaining them may increase 
independently of prices and costs realized by irrigators. Historically, 
BIA tempered O&M rates to demonstrate sensitivity to the economic 
impact on water users, but that practice resulted in rate deficiencies 
at some projects including FBIIP. FBIIP's O&M rates have not kept up 
with costs, resulting in a growing backlog of deferred maintenance.
    The BIA used its discretion to assess and anticipate upcoming 
financial needs and priorities. The $5.00 per acre assessment increase 
for the ``basic per acre'' rate category is necessary to ensure FBIIP 
can pay its anticipated expenses for 2026. Increased expenses include 
hiring an additional ditch rider and maintenance needs such as cleaning 
and reshaping canals and ditches as well as replacement of headgates, 
culverts, and rehabilitation of small structures. BIA also plans to 
allocate a portion of the 2026 revenues to a fund for the systematic 
rehabilitation and replacement of FBIIP facilities. 25 CFR 171.500. 
Finally, in order to maintain at least the same level of O&M service, 
assessment rates must increase annually to keep up with rising 
irrigation inflation. According to the Bureau of Reclamation, 
irrigation O&M inflation has increased by over 6 percent in each of the 
last 3 years. Historical O&M Cost Index Values available at <a href="https://www.usbr.gov/assetmanagement/cost.html">https://www.usbr.gov/assetmanagement/cost.html</a>. Given FBIIP's assessment rate 
did not increase in 2025, a larger increase for 2026 is appropriate.
    Comment: FBIC also states that the 2026 assessment increase should 
not occur because of the drought experienced in recent years and issues 
plaguing the distribution of water from the Milk River and Fresno 
Reservoir and breach of St Mary's Canal siphon.
    Response: The amount of water FBIIP receives is based on its legal 
entitlement and availability of water supply. 25 CFR 171.205; see also 
Winters v. United States, 207 U.S. 564 (1908) (recognizing FBIC's 
historic, senior entitlement to Milk River natural flow for irrigation 
and other purposes).
    The Bureau of Reclamation (BOR) operates and maintains the Milk 
River Project and Fresno Reservoir. Due to drought conditions in 2023 
and 2024, the Milk River Basin experienced significantly reduced water 
supplies resulting in BOR calling on junior (newer) water users to 
cease diversions in August of each year so FBIIP could take all natural 
flow from the Milk River. BOR is actively monitoring this summer's 
drought situation and issued a press release on May 21, 2025, that 
Fresno Reservoir's water levels are significantly below average. While 
the natural flow of the Milk River is currently adequate, BOR may make 
a call on junior water users later this summer to allow FBIIP to take 
the remaining natural flow from the Milk River again this year. In 
addition to BOR calling on junior water right holders to protect the 
senior water right used by FBIIP, the BIA annually pays--subject to 
availability of appropriations--for the right to use one-seventh of 
stored water at Fresno Reservoir for the Fort Belknap Reservation. We 
are not aware of any Fresno Reservoir issues currently plaguing FBIIP's 
water distribution.
    In addition to experiencing drought conditions, BOR's Milk River 
Project has been water short due to the June 2024 failure of the St. 
Mary Canal siphons at the St. Mary River crossing. The failure 
contributed to the Milk River Project irrigation season being shorter 
than normal. On June 25, 2025, water resumed flowing through the newly 
replaced St. Mary siphons, and BOR expects the St. Mary Canal to fully 
be operational going forth.
    Future water shortages may still exist due to climatic conditions. 
However, inadequate water supply due to natural conditions or climate 
is not justification for BIA to delay an assessment increase. The O&M 
costs BIA assesses--covering personnel, equipment, maintenance, 
rehabilitation, etc.--persist regardless of drought conditions. See 25 
CFR 171.500, 171.705.

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 <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.

[[Page 41406]]

Whom can I contact for further information?

    The following tables are the regional and project/agency contacts 
for our irrigation facilities.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                        Northwest Region Contacts
------------------------------------------------------------------------
Kurt Fredenburg, Acting Regional Director, Bureau of Indian Affairs,
 Northwest Regional Office, 911 NE 11th Avenue, Portland, OR 97232-4169.
 Telephone: (505) 220-9252.
------------------------------------------------------------------------
Flathead Indian Irrigation     Gene ``Bear'' Hughes, Acting Irrigation
 Project.                       Project Manager, 220 Project Drive, St.
                                Ignatius, MT 59865. Telephone: (406) 675-
                                2700.
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
------------------------------------------------------------------------
Leslie Shakespeare, 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......  Harold ``Jess'' Brien, Superintendent,
                                Richard Taptto, 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) 698-5631.
Fort Belknap Irrigation        Mark Azure, Superintendent, Richard
 Project.                       Taptto, 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, Richard
                                Taptto, 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) 698-
                                5631.
Wind River Irrigation Project  Trish Perry, Acting Superintendent,
                                Richard Taptto, 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) 698-
                                5631.
------------------------------------------------------------------------
                        Southwest Region Contacts
------------------------------------------------------------------------
Brian Bald Eagle, Acting 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)
                                200-8613; Irrigation Project Manager
                                (970) 236-4161.
------------------------------------------------------------------------
                         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: (480) 535-1552.
------------------------------------------------------------------------
Colorado River Irrigation      Davetta Ameelyenah, Superintendent,
 Project.                       Irrigation Project Manager (Vacant),
                                (Portions of Project O&M contracted to
                                Colorado River Indian Tribes under Pub.
                                L. 93-638), 12124 1st Avenue, Parker, AZ
                                85344. Telephones: Superintendent (928)
                                669-7111; Irrigation Project Manager
                                (928) 662-4392; Water Resources/
                                Irrigation Department of Colorado River
                                Indian Tribes (928) 669-1312.
Duck Valley Irrigation         Jane Jackson-Bear, Superintendent,
 Project.                       (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....  Maureen Brown, Superintendent, 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.

[[Page 41407]]

 
San Carlos Irrigation Project  Ferris Begay, General Manager (BIA),
 (Indian Works and Joint        Clarence Begay, Supervisory Civil
 Works).                        Engineer (BIA), (Indian Works O&M
                                compacted to Gila River Indian Community
                                under Pub. L. 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: General 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,
                                Irrigation System Manager (BIA, Vacant),
                                (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; Uintah
                                Indian Irrigation Operation and
                                Maintenance Company (435) 724-5200.
Walker River Irrigation        Cheryl Sam, Acting Superintendent, 311
 Project.                       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 2025 and 2026 
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 2025 rates are different from the 2026 rates.

----------------------------------------------------------------------------------------------------------------
                                                                                    Final 2025      Final 2026
                 Project name                             Rate category                rate            rate
----------------------------------------------------------------------------------------------------------------
                                           Northwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Flathead Irrigation Project (See Note #1).....  Basic per acre--A...............          $39.00          $39.00
                                                Basic per acre--B...............           19.50           19.50
                                                Minimum Charge per tract *......           75.00          200.00
Fort Hall Irrigation Project..................  Basic per acre *................           66.50           68.00
                                                Minimum Charge per tract *......           43.00           44.50
Fort Hall Irrigation Project--Minor Units.....  Basic per acre *................           45.50           46.50
                                                Minimum Charge per tract *......           43.00           44.50
Fort Hall Irrigation Project--Michaud Unit....  Basic per acre *................           75.50           77.50
                                                Pressure per acre *.............          117.00          120.00
                                                Minimum Charge per tract *......           43.00           44.50
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
----------------------------------------------------------------------------------------------------------------
                                        Rocky Mountain Region Rate Table
----------------------------------------------------------------------------------------------------------------
Blackfeet Irrigation Project..................  Basic-per acre *................           21.50           22.00
Crow Irrigation Project--Willow Creek O&M       Basic-per acre *................           30.00           34.00
 (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           34.00
 Bighorn, Soap Creek, and Pryor Units).
Crow Irrigation Project--Two Leggins Unit.....  Basic-per acre *................           15.00           17.00
Crow Irrigation Two Leggins Drainage District.  Basic-per acre *................            3.00            5.00
Fort Belknap Indian Irrigation Project........  Basic-per acre *................           20.00           25.00
Fort Peck Irrigation Project..................  Basic-per acre *................           29.00           35.00
Wind River Irrigation Project--Units 2, 3 and   Basic-per acre *................           26.00           28.00
 4.
Wind River Irrigation Project--Unit 6.........  Basic-per acre *................           23.00           28.00
Wind River Irrigation Project--LeClair          Basic-per acre..................           47.00           47.00
 District (See Note #2).
Wind River Irrigation Project--Crow Heart Unit  Basic-per acre *................           16.50           17.50
Wind River Irrigation Project--A Canal Unit...  Basic-per acre *................           16.50           17.50
Wind River Irrigation Project--Riverton Valley  Basic-per acre..................           30.65           30.65
 Irrigation District (See Note #2).
----------------------------------------------------------------------------------------------------------------
                                           Southwest Region Rate Table
----------------------------------------------------------------------------------------------------------------
Pine River Irrigation Project.................  Minimum Charge per tract........           75.00           75.00
                                                Basic-per acre *................           24.00           24.50
----------------------------------------------------------------------------------------------------------------

[[Page 41408]]

 
                                            Western Region Rate Table
----------------------------------------------------------------------------------------------------------------
Colorado River Irrigation Project.............  Basic per acre up to 5.75 acre-            69.00           85.00
                                                 feet *.
                                                Excess Water per acre-foot over            18.00           18.00
                                                 5.75 acre-feet.
Duck Valley Irrigation Project................  Basic per acre *................           11.00           12.00
Yuma Project, Indian Unit (See Note #3).......  Basic per acre up to 5.0 acre-            222.50             (+)
                                                 feet.
                                                Excess Water per acre-foot over               35             (+)
                                                 5.0 acre-feet.
                                                Basic per acre up to 5.0 acre-            222.50             (+)
                                                 feet (Ranch 5).
San Carlos Irrigation Project (Joint Works)     Basic per acre *................           26.00           28.00
 (See Note #4).
----------------------------------------------------------------------------------------------------------------


 
 
----------------------------------------------------------------------------------------------------------------
                              Final 2026 Construction Water Rate Schedule:
                             -----------------------------------------------------------------------------------
                                                         Off project          On project          On project
                                                    construction........  construction--....  construction--
                                                                          gravity water.....  pump water
                             -----------------------------------------------------------------------------------
                              Administrative Fee..  $300.00.............  $300.00...........  $300.00.
                              Usage Fee...........  $250.00 per month...  No Fee............  $100.00 per acre
                                                                                               foot.
                              Excess Water Rate     $5.00 per 1,000 gal.  No Charge.........  No Charge.
                               [dagger].
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                                    Final 2025      Final 2026
                 Project name                             Rate category                rate            rate
----------------------------------------------------------------------------------------------------------------
San Carlos Irrigation Project (Indian Works)    Basic per acre *................          $93.85          $98.85
 (See Note #5).
Uintah Irrigation Project.....................  Basic per acre..................           25.00           25.00
                                                Minimum Bill....................           25.00           25.00
Walker River Irrigation Project...............  Basic per acre..................           32.00           32.00
----------------------------------------------------------------------------------------------------------------
* Notes irrigation projects where rates are adjusted.
+ These rates have not yet been determined.
[dagger] The excess water rate applies to all water used in excess of 50,000 gallons in any one month.
Note #1: The Minimum Charge per tract for Flathead Irrigation Project is currently applied to parcels sized 2.00
  acres or smaller. Starting in 2026, the Minimum Charge per tract will apply to parcels sized 4.54 acres or
  smaller.
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 O&M rate for the Yuma Project, Indian Unit has two components. The first component of the O&M rate
  is established by the BOR, the owner and operator of the Project; the BOR rate is $218.00 for 2025 but has not
  been established for 2026. 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 2025 and 2026 BIA rate component is
  $4.50 per acre.
Note #4: The Construction Water Rate Schedule identifies fees assessed for use of irrigation water for non-
  irrigation purposes.
Note #5: 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 2025 and 2026 rate is
  $55.85 per acre. The second component is established by BIA San Carlos Irrigation Project--Joint Works; the
  final 2025 rate is $26.00 per acre, and final 2026 rate is $28.00 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 2025 rate is $12.00 per acre, and
  2026 rate is $15.00 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)

    These rate adjustments are not a significant regulatory action and 
do not need to be reviewed by the Office of

[[Page 41409]]

Management and Budget under Executive Order 12866.

Regulatory Flexibility Act

    These rate adjustments are not a rule for the purposes of the 
Regulatory Flexibility Act because they establish ``a rule of 
particular applicability relating to rates.'' 5 U.S.C. 601(2).

Unfunded Mandates Reform Act of 1995

    These rate adjustments do not impose an unfunded mandate on State, 
local, or Tribal governments in the aggregate, or on the private 
sector, of more than $130 million per year. They do not have a 
significant or unique effect on State, local, or Tribal governments or 
the private sector. Therefore, the Department is not required to 
prepare a statement containing the information required by the Unfunded 
Mandates Reform Act (2 U.S.C. 1531 et seq.).

Takings (Executive Order 12630)

    These rate adjustments do not 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. A detailed statement under the National 
Environmental Policy Act of 1969 (NEPA) is not required because the 
rate adjustments are of an administrative, financial, legal, technical, 
or procedural nature. (For further information see 43 CFR 46.210(i)). 
We have also determined that the rate adjustments would not involve any 
of the extraordinary circumstances listed in 43 CFR 46.215 that would 
require further analysis under NEPA.

Scott J. Davis,
Senior Advisor to the Secretary of the Interior, Exercising the 
Delegated Authority of the Assistant Secretary--Indian Affairs.
[FR Doc. 2025-16221 Filed 8-22-25; 8:45 am]
BILLING CODE 4337-15-P


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Indexed from Federal Register on August 25, 2025.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.