81_FR_52078 81 FR 51927 - Rate Adjustments for Indian Irrigation Projects

81 FR 51927 - Rate Adjustments for Indian Irrigation Projects

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 81, Issue 151 (August 5, 2016)

Page Range51927-51936
FR Document2016-18642

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.

Federal Register, Volume 81 Issue 151 (Friday, August 5, 2016) 
[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Pages 51927-51936]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18642]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[167A2100DD/AAKC001030/A0A501010.999900]


Rate Adjustments for Indian Irrigation Projects

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of proposed rate adjustments.

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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 October 4, 2016.

ADDRESSES: All comments on the proposed rate adjustments must be in 
writing and addressed to: 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 current 2015 irrigation assessment rates, the proposed 
rates for Calendar Year (CY) 2016, and proposed rates for subsequent 
years where these rates are available.

What is the meaning of the key terms used in this notice?

    In this notice:
    Administrative costs means all costs we incur to administer our 
irrigation projects at the local project level and is 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 means 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 means 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 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

[[Page 51928]]

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 means 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.thefederalregister.org.

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 the CY 2016 and 
subsequent years where applicable.

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) 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) Carriage Agreements for the transfer of project water through 
irrigation facilities owned by others.
    (j) Any water storage fees for non-BIA-owned reservoirs, as 
applicable,
    (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 5 
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 51929]]

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 5 
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 6 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.

------------------------------------------------------------------------
           Project name                    Project/agency contacts
------------------------------------------------------------------------
                        Northwest Region Contacts
------------------------------------------------------------------------
 Stanley Speaks, 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.......  Ernest Moran, Superintendent, Pete
                                     Plant, Irrigation Project Manager,
                                     P.O. Box 40, Pablo, MT 59855,
                                     Telephones: (406) 675-2700 ext.
                                     1300, 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.
------------------------------------------------------------------------
                     Rocky Mountain Region Contacts
------------------------------------------------------------------------
   Darryl LaCounte, Regional Director, Bureau of Indian Affairs, Rocky
  Mountain Regional Office, 316 North 26th Street, Billings, MT 59101,
                       Telephone: (406) 247-7943.
------------------------------------------------------------------------
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...........  Vianna Stewart, Superintendent, Karl
                                     Helvik, Acting Irrigation Project
                                     Manager, P.O. Box 69, Crow Agency,
                                     MT 59022, Telephones: (406) 638-
                                     2672, Superintendent; (406) 247-
                                     7469, Acting Irrigation Project
                                     Manager.
Fort Belknap Irrigation Project...  John St. Pierre, Superintendent,
                                     Vacant, Irrigation Project Manager,
                                     (Project operations & maintenance
                                     contracted to Tribes), R.R.1, Box
                                     980, Harlem, MT 59526, Telephones:
                                     (406) 353-2901, Superintendent;
                                     (406) 353-8454, 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, Karl
                                     Helvik, Acting Irrigation Project
                                     Manager, P.O. Box 158, Fort
                                     Washakie, WY 82514, Telephones:
                                     (307) 332-7810, Superintendent;
                                     (406) 247-7469, Acting Irrigation
                                     Project Manager.
------------------------------------------------------------------------
                        Southwest Region Contacts
------------------------------------------------------------------------
     William T. Walker, Regional Director, Bureau of Indian Affairs,
   Southwest Regional Office, 1001 Indian School Road, 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: (970) 563-
                                     4511, Superintendent; (970) 563-
                                     9484, Irrigation Project Manager.
------------------------------------------------------------------------
                         Western Region Contacts
------------------------------------------------------------------------
   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.
------------------------------------------------------------------------
Colorado River Irrigation Project.  Kellie Youngbear Superintendent,
                                     Gary Colvin, Irrigation Project
                                     Manager, 12124 1st Avenue, Parker,
                                     AZ 85344, Telephone: (928) 669-
                                     7111.

[[Page 51930]]

 
Duck Valley Irrigation Project....  Joseph McDade, Superintendent,
                                     (Project operations & management
                                     compacted to Tribes), 2719 Argent
                                     Ave., Suite 4, Gateway Plaza, Elko,
                                     NV 89801, Telephone: (775) 738-
                                     5165; (208) 759-3100, (Tribal
                                     Office).
Yuma Project, Indian Unit.........  Irene Herder, 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.........  Bart Stevens Superintendent, Ken
                                     Asay, Irrigation System Manager,
                                     P.O. Box 130, Fort Duchesne, UT
                                     84026, Telephone: (435) 722-4300,
                                     (435) 722-4344.
Walker River Irrigation Project...  Robert Eben, Superintendent, 311 E.
                                     Washington Street, Carson City, NV
                                     89701, Telephone: (775) 887-3500.
------------------------------------------------------------------------

What irrigation assessments or charges are proposed for adjustment by 
this notice?

    The rate table below contains the current rates for all irrigation 
projects where we recover costs of administering, operating, 
maintaining, and rehabilitating them. The table also contains the 
proposed rates for the CY 2016 and subsequent years where applicable. 
An asterisk immediately following the rate category notes the 
irrigation projects where rates are proposed for adjustment.
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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 $100 million per year. The rule does not 
have a significant or unique effect on State, local, or Tribal 
governments or the private sector. A statement containing the 
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 
et seq.) is not required.

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.

[[Page 51936]]

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, 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)).

    Dated: August 1, 2016.
Lawrence S. Roberts,
Principal Deputy Secretary--Indian Affairs.
[FR Doc. 2016-18642 Filed 8-4-16; 8:45 am]
BILLING CODE 4337-15-P

Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices 51927 III. Permit Applications Concurrent with publishing this What is the meaning of the key terms notice in the Federal Register, we are used in this notice? A. Endangered Species forwarding copies of the above In this notice: Applicant: Duke University, Durham, applications to the Marine Mammal Administrative costs means all costs NC; PRT–92458B Commission and the Committee of The applicant requests a permit to we incur to administer our irrigation Scientific Advisors for their review. projects at the local project level and is import biological samples from wild kakapo (strigops habroptilus) for the Brenda Tapia, a cost factor included in calculating purpose of scientific research. This Program Analyst/Data Administrator, Branch your operation and maintenance notification covers activities to be of Permits, Division of Management assessment. Costs incurred at the local conducted by the applicant over a 2- Authority. project level do not normally include year period. [FR Doc. 2016–18587 Filed 8–4–16; 8:45 am] Agency, Region, or Central Office costs BILLING CODE 4333–15–P unless we state otherwise in writing. Multiple Applicants Assessable acre means lands The following applicants each request designated by us to be served by one of a permit to import the sport-hunted DEPARTMENT OF THE INTERIOR our irrigation projects, for which we trophy of one male bontebok collect assessments in order to recover Bureau of Indian Affairs costs for the provision of irrigation (Damaliscus pygargus pygargus) culled from a captive herd maintained under [167A2100DD/AAKC001030/ service. (See total assessable acres.) the management program of the A0A501010.999900] BIA means the Bureau of Indian Republic of South Africa, for the Affairs. purpose of enhancement of the survival Rate Adjustments for Indian Irrigation Bill means our statement to you of the of the species. Projects assessment charges and/or fees you owe Applicant: Edwin Andrew, Frederica, the United States for administration, AGENCY: Bureau of Indian Affairs, DE; PRT–00500C operation, maintenance, and/or Interior. Applicant: Guy Maranga, Neponsit, NY; rehabilitation. The date we mail or ACTION: Notice of proposed rate PRT–98444B hand-deliver your bill will be stated on adjustments. it. Applicant: Donald Bitz, West Palm Beach, FL; PRT–00209C SUMMARY: The Bureau of Indian Affairs Costs means the costs we incur for Applicant: Christopher Sibert, Midland, (BIA) owns or has an interest in administration, operation, maintenance, TX; PRT–98815B irrigation projects located on or and rehabilitation to provide direct associated with various Indian support or benefit to an irrigation B. Endangered Marine Mammals and facility. (See administrative costs, Marine Mammals reservations throughout the United States. We are required to establish operation costs, maintenance costs, and Applicant: University of California, irrigation assessment rates to recover the rehabilitation costs). Santa Cruz, CA; PRT–83954B costs to administer, operate, maintain, Customer means any person or entity The applicant requests a permit to and rehabilitate these projects. We to whom or to which we provide import blood and tissue samples request your comments on the proposed irrigation service. collected from wild polar bears in rate adjustments. Due date is the date on which your Manitoba, Canada, for purposes of DATES: Interested parties may submit bill is due and payable. This date will scientific research. The goal of this comments on the proposed rate be stated on your bill. study is to create an improved reference adjustments on or before October 4, I, me, my, you and your means all genome for polar bears (Ursus 2016. persons or entities that are affected by maritimus) and investigate the genetic this notice. diversity and unique adaptations of ADDRESSES: All comments on the Irrigation project means a facility or polar bears. Samples to be imported proposed rate adjustments must be in portion thereof for the delivery, have been collected under Manitoba writing and addressed to: Yulan Jin, diversion, and storage of irrigation water Wildlife Research permits for a study Chief, Division of Water and Power, that we own or have an interest in, assessing the status of the wild Office of Trust Services, Mail Stop including all appurtenant works. The population for conservation and 4637–MIB, 1849 C Street NW., term ‘‘irrigation project’’ is used ecological purposes. This notification Washington, DC 20240, Telephone (202) interchangeably with irrigation facility, covers activities to be conducted by the 219–0941. irrigation system, and irrigation area. applicant over a 5-year period. FOR FURTHER INFORMATION CONTACT: For Irrigation service means the full range Applicant: Passion Planet, London, UK; details about a particular irrigation of services we provide customers of our PRT–01370C project, please use the tables in irrigation projects. This includes our The applicant requests a permit for SUPPLEMENTARY INFORMATION section to activities to administer, operate, Level B Harassment of northern sea contact the regional or local office maintain, and rehabilitate our projects otters (Enhydra lutris kenyoni) and where the project is located. in order to deliver water. southern sea otters (Enhydra lutris SUPPLEMENTARY INFORMATION: The first Maintenance costs means costs we nereis) for purposes of photography for table in this notice provides contact incur to maintain and repair our educational and commercial purposes. information for individuals who can irrigation projects and associated Filming will occur along the give further information about the equipment and is a cost factor included mstockstill on DSK3G9T082PROD with NOTICES Washington State and California State irrigation projects covered by this in calculating your operation and coastlines. The filming is part of a notice. The second table provides the maintenance assessment. documentary explaining the importance current 2015 irrigation assessment rates, Operation and maintenance (O&M) of sea otters to marine ecosystems. This the proposed rates for Calendar Year assessment means the periodic charge notification covers activities to be (CY) 2016, and proposed rates for you must pay us to reimburse costs of conducted by the applicant over a 2- subsequent years where these rates are administering, operating, maintaining, year period. available. and rehabilitating irrigation projects VerDate Sep<11>2014 17:42 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1

51928 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices consistent with this notice and our proposed rates for annual irrigation activities and functions characteristic of supporting policies, manuals, and assessments as well as related an irrigation project. handbooks. information about our irrigation When should I pay my irrigation Operation or operating costs means projects. assessment? costs we incur to operate our irrigation What authorizes you to issue this projects and equipment and is a cost We will mail or hand-deliver your bill notice? factor included in calculating your O&M notifying you (a) the amount you owe to assessment. Our authority to issue this notice is the United States and (b) when such Past due bill means a bill that has not vested in the Secretary of the Interior by amount is due. If we mail your bill, we been paid by the close of business on 5 U.S.C. 301 and the Act of August 14, will consider it as being delivered no the 30th day after the due date as stated 1914 (38 Stat. 583; 25 U.S.C. 385). The later than 5 business days after the day on the bill. Beginning on the 31st day Secretary has in turn delegated this we mail it. You should pay your bill by after the due date, we begin assessing authority to the Assistant Secretary— the due date stated on the bill. additional charges accruing from the Indian Affairs under Part 209, Chapter due date. 8.1A, of the Department of the Interior’s What information must I provide for Rehabilitation costs means costs we Departmental Manual. billing purposes? incur to restore our irrigation projects or All responsible parties are required to When will you put the rate adjustments features to original operating condition provide the following information to the into effect? or to the nearest state which can be billing office associated with the achieved using current technology and We will put the rate adjustments into irrigation project where you own or is a cost factor included in calculating effect for the CY 2016 and subsequent lease land within the project’s your O&M assessment. years where applicable. assessable acreage or to the billing office Responsible party means an How do you calculate irrigation rates? associated with the irrigation project individual or entity that owns or leases with which you have a carriage land within the assessable acreage of We calculate annual irrigation assessment rates in accordance with 25 agreement: one of our irrigation projects and is responsible for providing accurate CFR part 171.500 by estimating the (1) The full legal name of person or information to our billing office and annual costs of operation and entity responsible for paying the bill; paying a bill for an annual irrigation rate maintenance at each of our irrigation (2) An adequate and correct address assessment. projects and then dividing by the total for mailing or hand delivering our bill; Total assessable acres means the total assessable acres for that particular and acres served by one of our irrigation irrigation project. The result of this (3) The taxpayer identification projects. calculation for each project is stated in number or Social Security number of Water delivery is an activity that is the rate table in this notice. the person or entity responsible for part of the irrigation service we provide What kinds of expenses do you paying the bill. our customers when water is available. consider in determining the estimated We, us, and our means the United Why are you collecting my taxpayer annual costs of operation and identification number or Social States Government, the Secretary of the maintenance? Security number? Interior, the BIA, and all who are authorized to represent us in matters Consistent with 25 CFR part 171.500, Public Law 104–134, the Debt covered under this notice. these expenses include the following: Collection Improvement Act of 1996, (a) Salary and benefits for the project Does this notice affect me? requires that we collect the taxpayer engineer/manager and project identification number or Social Security This notice affects you if you own or employees under the project engineer/ number before billing a responsible lease land within the assessable acreage manager’s management or control; (b) Materials and supplies; party and as a condition to servicing the of one of our irrigation projects or if you (c) Vehicle and equipment repairs; account. have a carriage agreement with one of our irrigation projects. (d) Equipment costs, including lease What happens if I am a responsible fees; party but I fail to furnish the Where can I get information on the (e) Depreciation; information required to the billing regulatory and legal citations in this (f) Acquisition costs; office responsible for the irrigation notice? (g) Maintenance of a reserve fund project within which I own or lease You can contact the appropriate available for contingencies or assessable land or for which I have a office(s) stated in the tables for the emergency costs needed for the reliable carriage agreement? irrigation project that serves you, or you operation of the irrigation facility can use the Internet site for the infrastructure; If you are late paying your bill Government Printing Office at http:// (h) Maintenance of a vehicle and because of your failure to furnish the www.gpo.gov. heavy equipment replacement fund; required information listed above, you (i) Systematic rehabilitation and will be assessed interest and penalties Why are you publishing this notice? replacement of project facilities; as provided below, and your failure to We are publishing this notice to (j) Carriage Agreements for the provide the required information will inform you that we propose to adjust transfer of project water through not provide grounds for you to appeal mstockstill on DSK3G9T082PROD with NOTICES our irrigation assessment rates. This irrigation facilities owned by others. your bill or any penalties assessed. notice is published in accordance with (j) Any water storage fees for non-BIA- What can happen if I do not provide the the BIA’s regulations governing its owned reservoirs, as applicable, information required for billing operation and maintenance of irrigation (j) Contingencies for unknown costs purposes? projects, found at 25 CFR part 171. This and omitted budget items; and regulation provides for the (k) Other expenses we determine We can refuse to provide you establishment and publication of the necessary to properly perform the irrigation service. VerDate Sep<11>2014 17:42 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1

Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices 51929 If I allow my bill to become past due, Are there any additional charges if I am interest, penalties, and administrative could this affect my water delivery? late paying my bill? costs in accordance with 31 U.S.C. 3717. Yes. 25 CFR 171.545(a) states: ‘‘We Yes. We will assess you interest on What else will happen to my past due will not provide you irrigation service the amount owed, using the rate of bill? until: (1) Your bill is paid; or (2) You interest established annually by the If you do not pay your bill or make make arrangement for payment pursuant Secretary of the United States Treasury payment arrangements to which we to § 171.550 of this part.’’ If we do not (Treasury) to calculate what you will be agree, we are required to send your past receive your payment before the close of assessed. You will not be assessed this due bill to the Treasury for further business on the 30th day after the due charge until your bill is past due. action. Under the provisions of 31 CFR date stated on your bill, we will send However, if you allow your bill to 901.1, ‘‘Aggressive agency collection you a past due notice. This past due become past due, interest will accrue activity,’’ Federal agencies should notice will have additional information from the original due date, not the past consider referring debts that are less concerning your rights. We will due date. Also, you will be charged an than 180 days delinquent, and we must consider your past due notice as administrative fee of $12.50 for each send any unpaid annual irrigation delivered no later than 5 business days time we try to collect your past due bill. assessment bill to Treasury no later than If your bill becomes more than 90 days 180 days after the original due date of after the day we mail it. We follow the past due, you will be assessed a penalty the bill. procedures provided in 31 CFR 901.2, charge of 6 percent per year, which will ‘‘Demand for Payment,’’ when accrue from the date your bill initially Who can I contact for further demanding payment of your past due became past due. Pursuant to 31 CFR information? bill. 901.9, ‘‘Interest, penalties and The following tables are the regional administrative costs,’’ as a Federal and project/agency contacts for our agency, we are required to charge irrigation facilities. Project name Project/agency contacts Northwest Region Contacts Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest Regional Office, 911 NE. 11th Avenue, Portland, OR 97232–4169, Telephone: (503) 231–6702. Flathead Irrigation Project ............... Ernest Moran, Superintendent, Pete Plant, Irrigation Project Manager, P.O. Box 40, Pablo, MT 59855, Telephones: (406) 675–2700 ext. 1300, 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, Tele- phone: (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. Rocky Mountain Region Contacts Darryl LaCounte, Regional Director, Bureau of Indian Affairs, Rocky Mountain Regional Office, 316 North 26th Street, Billings, MT 59101, Telephone: (406) 247–7943. 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 .................... Vianna Stewart, Superintendent, Karl Helvik, Acting Irrigation Project Manager, P.O. Box 69, Crow Agency, MT 59022, Telephones: (406) 638–2672, Superintendent; (406) 247–7469, Acting Irrigation Project Man- ager. Fort Belknap Irrigation Project ........ John St. Pierre, Superintendent, Vacant, Irrigation Project Manager, (Project operations & maintenance contracted to Tribes), R.R.1, Box 980, Harlem, MT 59526, Telephones: (406) 353–2901, Superintendent; (406) 353–8454, 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, Karl Helvik, Acting Irrigation Project Manager, P.O. Box 158, Fort Washakie, WY 82514, Telephones: (307) 332–7810, Superintendent; (406) 247–7469, Acting Irrigation Project Manager. Southwest Region Contacts William T. Walker, Regional Director, Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School Road, 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: (970) 563–4511, Superintendent; (970) 563–9484, Irrigation Project Manager. mstockstill on DSK3G9T082PROD with NOTICES Western Region Contacts 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. Colorado River Irrigation Project .... Kellie Youngbear Superintendent, Gary Colvin, Irrigation Project Manager, 12124 1st Avenue, Parker, AZ 85344, Telephone: (928) 669–7111. VerDate Sep<11>2014 17:42 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1

51930 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices Project name Project/agency contacts Duck Valley Irrigation Project ......... Joseph McDade, Superintendent, (Project operations & management compacted to Tribes), 2719 Argent Ave., Suite 4, Gateway Plaza, Elko, NV 89801, Telephone: (775) 738–5165; (208) 759–3100, (Tribal Of- fice). Yuma Project, Indian Unit ............... Irene Herder, Superintendent, 256 South Second Avenue, Suite D, Yuma, AZ 85364, Telephone: (928) 782–1202. San Carlos Irrigation Project Indian Ferris Begay, Project Manager, Clarence Begay, Irrigation Manager, 13805 N. Arizona Boulevard, Coo- Works and Joint Works. lidge, AZ 85128, Telephone: (520) 723–6225. Uintah Irrigation Project .................. Bart Stevens Superintendent, Ken Asay, Irrigation System Manager, P.O. Box 130, Fort Duchesne, UT 84026, Telephone: (435) 722–4300, (435) 722–4344. Walker River Irrigation Project ........ Robert Eben, Superintendent, 311 E. Washington Street, Carson City, NV 89701, Telephone: (775) 887– 3500. What irrigation assessments or charges where we recover costs of applicable. An asterisk immediately are proposed for adjustment by this administering, operating, maintaining, following the rate category notes the notice? and rehabilitating them. The table also irrigation projects where rates are The rate table below contains the contains the proposed rates for the CY proposed for adjustment. current rates for all irrigation projects 2016 and subsequent years where BILLING CODE 4337–15–P mstockstill on DSK3G9T082PROD with NOTICES VerDate Sep<11>2014 17:42 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1

Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices 51931 Northwest Region Rate Table Project Name Rate Final Final Proposed Category 2015 Rate 2016 Rate 2017 Rate** Flathead Irrigation Basic per acre - A * $26.00 $26.00 $33.50 Project Basic per acre - B * $13.00 $13.00 $16.75 (See Note #1) Minimum Charge per $75.00 $75.00 $75.00 tract Project Name Rate Final Proposed Category 2015 Rate 2016 Rate Fort Hall Irrigation Project Basic per acre * $49.00 $52.00 Minimum Charge per tract * $35.00 $37.00 Fort Hall Irrigation Project -Minor Basic per acre * $27.00 $31.00 Units Minimum Charge per tract * $35.00 $37.00 Fort Hall Irrigation Project- Basic per acre * $50.50 $55.00 Michaud Pressure per acre * $72.50 $83.00 Minimum Charge per tract * $35.00 $37.00 Wapato Irrigation Project- Minimum Charge per bill * $24.00 $25.00 Toppenish/Simcoe Units Basic per acre * $24.00 $25.00 Wapato Irrigation Project - Minimum Charge per bill * $25.00 $30.00 Ahtanum Units Basic per acre * $25.00 $30.00 Wapato Irrigation Project - Minimum Charge per bill $79.00 $79.00 Satus Unit "A" Basic per acre $79.00 $79.00 "B" Basic per acre $85.00 $85.00 mstockstill on DSK3G9T082PROD with NOTICES Wapato Irrigation Project - Minimum Charge per bill * $75.00 $78.00 EN05AU16.039</GPH> VerDate Sep<11>2014 17:42 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4725 E:\FR\FM\05AUN1.SGM 05AUN1

51932 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices Additional Works Basic per acre * $75.00 $78.00 Wapato Irrigation Project - Minimum Charge $86.00 $86.00 Water Rental Basic per acre $86.00 $86.00 Rocky Mountain Region Rate Table Project Name Rate Final Proposed Category 2015 Rate 2016 Rate Blackfeet Irrigation Project Basic-per acre $20.00 $20.00 Crow Irrigation Project- Willow Basic-per acre * $24.80 $26.00 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 * $24.80 $26.00 Others (includes Bighorn, Soap Creek, and Pryor Units) Crow Irrigation Project - Two Basic-per acre $14.00 $14.00 Leggins Unit Crow Irrigation Two Leggins Basic-per acre $2.00 $2.00 Drainage District Fort Belknap Irrigation Project Basic-per acre * $15.00 $16.00 Fort Peck Irrigation Project Basic-per acre $26.00 $26.00 Wind River Irrigation Project- Basic-per acre * $21.00 $22.50 Units 2, 3 and 4 Wind River Irrigation Project- Unit Basic-per acre $21.00 $21.00 6 Wind River Irrigation Project- Basic-per acre * $25.70 $47.00 LeClair District (See Note #2) Wind River Irrigation Project- Basic-per acre * $14.00 $15.50 Crow Heart Unit mstockstill on DSK3G9T082PROD with NOTICES Wind River Irrigation Project- A Basic-per acre * $ 14.00 $15.50 Canal Unit EN05AU16.040</GPH> VerDate Sep<11>2014 17:42 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4725 E:\FR\FM\05AUN1.SGM 05AUN1

Federal Register/Vol. 81, No. 151 /Friday, August 5, 2016 /Notices 51933 Wind River Irrigation Project — Basic—per acre * $21.00 $26.00 Riverton Valley Irrigation District Southwest Region Rate Table Project Name Rate Final Proposed Category 2015 Rate 2016 Rate Pine River Irrigation Project Minimum Charge per $50.00 $50.00 tract Basic—per acre * $17.00 $18.00 Western Region Rate Table Project Name Rate Category Final Proposed 2015 Rate 2016 Rate Colorado River Irrigation Project Basic per acre up to $54.00 $54.00 5.75 acre—feet Excess Water per acre— $17.00 $17.00 foot over 5.75 acre— feet Duck Valley Irrigation Project Basic per acre * $5.30 $6.30 Yuma Project, Indian Unit Basic per acre up to $108.50 $113.00 (See Note #3) 5.0 acre—feet * Excess Water per acre— $24.50 $24.50 foot over 5.0 acre—feet Basic per acre up to $108.50 $113.00 5.0 acre—feet (Ranch 5) *

51934 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices Project Name Rate Category Final Final Proposed 2015 Rate 2016 Rate 2017 Rate** San Carlos Basic per acre * $35.00 $30.00 $25.00 Irrigation Project (Joint Works) Proposed 2016-2017 Construction Water Rate Schedule: (See Note #4) 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 t $5.00 per 1,000 gal. No Charge No Charge t The excess water rate applies to all water used in excess of 50,000 gallons in any one month. Project Name Rate Category Final Proposed 2015 Rate 2016 Rate San Carlos Irrigation Project (Indian Basic per acre * $86.00 $81.00 Works) (See Note#5) Uintah Irrigation Project Basic per acre $18.00 $18.00 Minimum Bill $25.00 $25.00 Walker River Irrigation Project Basic per acre $31.00 $31.00 mstockstill on DSK3G9T082PROD with NOTICES EN05AU16.042</GPH> VerDate Sep<11>2014 17:42 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4725 E:\FR\FM\05AUN1.SGM 05AUN1

Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices 51935 Consultation and Coordination With Actions Concerning Regulations That Reform Act (2 U.S.C. 1531 et seq.) is not Tribal Governments (Executive Order Significantly Affect Energy Supply, required. 13175) Distribution, or Use (Executive Order Takings (Executive Order 12630) 13211) The Department of the Interior strives These proposed rate adjustments do to strengthen its government-to- The proposed rate adjustments are not a significant energy action under the not effect a taking of private property or government relationship with Indian otherwise have ‘‘takings’’ implications Tribes through a commitment to definition in Executive Order 13211. A Statement of Energy Effects is not under Executive Order 12630. The consultation with Indian Tribes and proposed rate adjustments do not recognition of their right to self- required. deprive the public, state, or local governance and Tribal sovereignty. We Regulatory Planning and Review governments of rights or property. have evaluated this notice under the (Executive Order 12866) Department’s consultation policy and Federalism (Executive Order 13132) These proposed rate adjustments are under the criteria of Executive Order not a significant regulatory action and Under the criteria in section 1 of 13175 and have determined there to be do not need to be reviewed by the Office Executive Order 13132, these proposed substantial direct effects on federally of Management and Budget under rate adjustments do not have sufficient recognized Tribes because the irrigation Executive Order 12866. federalism implications to warrant the projects are located on or associated preparation of a federalism summary with Indian reservations. To fulfill its Regulatory Flexibility Act impact statement because they will not consultation responsibility to Tribes and These proposed rate adjustments are affect the States, the relationship Tribal organizations, BIA not a rule for the purposes of the between the national government and communicates, coordinates, and Regulatory Flexibility Act because they the States, or the distribution of power consults on a continuing basis with establish ‘‘a rule of particular and responsibilities among various these entities on issues of water applicability relating to rates.’’ 5 U.S.C. levels of government. A federalism delivery, water availability, and costs of 601(2). summary impact statement is not administration, operation, maintenance, required. and rehabilitation of projects that Unfunded Mandates Reform Act of concern them. This is accomplished at 1995 Civil Justice Reform (Executive Order the individual irrigation project by These proposed rate adjustments do 12988) project, agency, and regional not impose an unfunded mandate on This notice complies with the representatives, as appropriate, in State, local, or tribal governments in the requirements of Executive Order 12988. mstockstill on DSK3G9T082PROD with NOTICES accordance with local protocol and aggregate, or on the private sector, of Specifically, in issuing this notice, the procedures. This notice is one more than $100 million per year. The Department has taken the necessary component of our overall coordination rule does not have a significant or steps to eliminate drafting errors and and consultation process to provide unique effect on State, local, or Tribal ambiguity, minimize potential litigation, notice to, and request comments from, governments or the private sector. A and provide a clear legal standard for these entities when we adjust irrigation statement containing the information affected conduct, as required by section EN05AU16.043</GPH> assessment rates. required by the Unfunded Mandates 3 of Executive Order 12988. VerDate Sep<11>2014 17:42 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1

51936 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices Paperwork Reduction Act of 1995 FOR FURTHER INFORMATION CONTACT: Greg or modified with additional or different These proposed rate adjustments do Larson, Project Manager, at the address terms. Distinct from this effort, the not affect the collections of information above, by telephone at 970–876–9000, USFS has also been updating its 1993 which have been approved by the Office or by email at glarson@blm.gov. Persons Oil and Gas Leasing EIS to address of Information and Regulatory Affairs, who use a telecommunications device future oil and gas leasing availability on Office of Management and Budget, for the deaf (TDD) may call the Federal the WRNF. The USFS released the Final under the Paperwork Reduction Act of Information Relay Service (FIRS) at 1– EIS and Draft Record of Decision in 1995. The OMB Control Number is 800–877–8339 to contact the above December 2014. The Final USFS Record 1076–0141 and expires June 30, 2019. individual during normal business of Decision was signed in December hours. The FIRS is available 24 hours a 2015. The USFS EIS and ROD are National Environmental Policy Act day, seven days a week, to leave a forward-looking and do not directly The Department has determined that message or question with the above affect the 65 previously issued leases; these proposed rate adjustments do not individual. You will receive a reply however, the information generated as constitute a major Federal action during normal business hours. part of that process was relevant to the significantly affecting the quality of the SUPPLEMENTARY INFORMATION: The BLM BLM’s analysis. As part of its process, human environment and that no developed this EIS to address a NEPA the BLM has incorporated as much of detailed statement is required under the deficiency identified by the Interior the new USFS NEPA analysis of future National Environmental Policy Act of Board of Land Appeals (IBLA) related to oil and gas leasing on WRNF lands as 1969 (42 U.S.C. 4321–4370(d)). the issuance of oil and gas leases on possible into the BLM’s analysis of the WRNF lands from 1995 to 2004. In existing leases. Dated: August 1, 2016. The BLM considered six alternatives Lawrence S. Roberts, 2007, the IBLA ruled that before in the Final EIS, including the No Principal Deputy Secretary—Indian Affairs. including WRNF parcels in an oil and Action Alternative. The No Action gas lease sale, the BLM must either [FR Doc. 2016–18642 Filed 8–4–16; 8:45 am] Alternative would reaffirm the lease formally adopt the NEPA analysis BILLING CODE 4337–15–P stipulations on the 65 leases as they completed by the U.S. Forest Service were issued. Under this alternative, the (USFS) or conduct a NEPA analysis of BLM would take no action by DEPARTMENT OF THE INTERIOR its own (Board of Commissioners of continuing to administer the leases with Pitkin County, 173 IBLA 173 (2007)). their current stipulations. Alternative 2 Bureau of Land Management The BLM canceled the three leases at would address inconsistencies in some issue in that case and has identified 65 of the existing leases by adding [LLCON04000 L16100000.DP000] additional leases with effective dates stipulations identified in the 1993 ranging from 1995 to 2012, which the WRNF EIS that should have been but Notice of Availability of the Final BLM leased without either: (i) Adopting were not attached to eight leases when Environmental Impact Statement for applicable USFS NEPA, or (ii) Preparing they were issued. Alternative 3 would Previously Issued Oil and Gas Leases its own NEPA analysis. For these 65 modify the 65 leases to match the in the White River National Forest, existing leases, the most recent USFS stipulations identified for future leasing Colorado decision to make these lands available in the 2014 USFS Final EIS Proposed AGENCY: Bureau of Land Management, for oil and gas leasing was analyzed in Action. Alternative 4 would modify or Interior. the 1993 USFS WRNF Oil and Gas cancel the 65 leases to match the ACTION: Notice. Leasing EIS, which was reaffirmed in stipulations and availability decision for the 2002 WRNF Plan. future leasing identified in the 2014 SUMMARY: In compliance with the While the BLM obtained USFS USFS Draft Record of Decision. In areas National Environmental Policy Act of consent before offering and the USFS identified as open to future 1969, as amended (NEPA), the Bureau of subsequently issuing these 65 leases, it leasing, lease stipulations would be Land Management (BLM) Colorado did not adopt the USFS’ NEPA analysis modified to track those found in the River Valley Field Office (CRVFO), or prepare its own analysis. As a result, most recent decisions, and all or part of located in Silt, Colorado, prepared a the BLM determined that the issuance of 25 existing leases in areas identified as Final Environmental Impact Statement the leases in question was not in closed to future leasing would be (EIS) that analyzes the environmental compliance with applicable NEPA cancelled. Alternative 5 would cancel impacts of previous decisions to issue requirements, rendering the leases all 65 leases. 65 leases on lands within the White voidable. The BLM therefore For purposes of the Final EIS, the River National Forest (WRNF) from determined that additional actions were BLM identified a combination of 1995 to 2012. necessary to either reaffirm, modify, or Alternatives 2 and 4 as its Preferred DATES: The BLM will not issue a final cancel those leases. As part of its Alternative. Under this alternative, the decision on the proposal for a minimum determination of what additional action BLM would cancel in their entirety 25 of 30 days after the date that the needs to be taken, the BLM determined leases that are not producing or Environmental Protection Agency that the WRNF NEPA analysis relevant committed to a unit or communitization publishes its Notice of Availability in to the 65 previously issued leases was agreement, and that overlap with the the Federal Register. no longer adequate due to changes in area identified as closed to future ADDRESSES: Copies of the Previously laws, regulations, policies and leasing by the USFS’s Final Record of Issued Oil and Gas Leases in the WRNF conditions since the earlier EIS was Decision (USFS 2015f). It would apply mstockstill on DSK3G9T082PROD with NOTICES Final EIS are available for public finalized in 1993. As a result, the BLM Alternative 4 stipulations (i.e., those inspection at the CRVFO, 2300 River prepared this EIS, which analyzes the that were identified in the 2015 USFS Frontage Road, Silt, CO 81652. previous decisions to lease WRNF lands Record of Decision) to the 13 Interested persons may also review the for oil and gas development. undeveloped leases that are within parts Final EIS on the project Web site at Based on the analysis in the EIS, the of the WRNF identified as open to http://www.blm.gov/co/st/en/fo/ BLM will determine whether these 65 future leasing, and would apply crvfo.html. leases should be cancelled, reaffirmed, Alternative 2 stipulations (i.e., those VerDate Sep<11>2014 17:42 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1


Document Created: 2016-08-05 06:43:50
Document Modified: 2016-08-05 06:43:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of proposed rate adjustments.
DatesInterested parties may submit comments on the proposed rate adjustments on or before October 4, 2016.
ContactFor 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.
FR Citation81 FR 51927 
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