82 FR 37604 - Rate Adjustments for Indian Irrigation Projects
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 82, Issue 154 (August 11, 2017)
Bureau of Indian Affairs
Federal Register Volume 82, Issue 154 (August 11, 2017)
| Page Range | 37604-37609 | |
| FR Document | 2017-16910 |
[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)] [Notices] [Pages 37604-37609] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16910] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [178A2100DD/AAKC001030/A0A501010.999900 253G] 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 irrigation assessment rates are current as of January 1, 2017. FOR FURTHER INFORMATION CONTACT: For details about a particular BIA irrigation project or facility, please use the tables in the SUPPLEMENTARY INFORMATION section to find contacts at the regional or local office at which the project or facility is located. SUPPLEMENTARY INFORMATION: A Notice of Proposed Rate Adjustment was published in the Federal Register on April 21, 2017 (82 FR 18770) to propose adjustments to the irrigation assessment [[Page 37605]] 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 June 20, 2017. Did BIA defer or change any proposed rate increases? Yes. For the Flathead Indian Irrigation Project, the full rate increase to $33.50 as published in the proposed notice for the 2018 rate will not be implemented. The final 2018 rate will be changed from $33.50 to $29.00, with the remainder of the full rate increase to be implemented in 2019. For the Wind River Irrigation Project, the Crowheart and A Canal Units increase to $15.75 as published in the proposed notice for the 2017 rate will not be implemented. The final 2017 rate is $15.50. All other rates are to be implemented at the respective irrigation projects as published. Did BIA receive any comments on the proposed irrigation assessment rate adjustments? Yes. Written comments were received related to the proposed irrigation rate adjustment for the Flathead (FIIP) and Colorado River (CRIIP) Indian Irrigation Projects. What issues were of concern to the commenters? Commenters raised concerns on the proposed rates about the following issues: The Following Comments Are Specific to the Flathead Indian Irrigation Project Written comments relating to the proposed rate adjustment were received by letter. BIA's summary of the issues and BIA's responses are provided below. Comment: Several commenters expressed a position that, under the irrigation districts' repayment contracts, only irrigation districts have the power to assess themselves. Response: As noted in the April 21, 2017 Federal Register notice, BIA is required to establish irrigation assessment rates that recover the costs to administer, operate, maintain, and rehabilitate our projects. As owner of the FIIP, it is BIA's responsibility to ensure adequate resources are made available to meet the requirements noted above. BIA's authority to assess rates dates back to the Act of May 29, 1908, is codified at 25 U.S.C. 381 et seq., and is addressed in the BIA's regulations at 25 CFR part 171. Additionally, the repayment contracts between the irrigation districts and Interior explicitly state that operation and maintenance expenses ``shall be paid . . . as provided . . . by rules made or to be made . . . by the Secretary of the Interior.'' The repayment contracts between the irrigation districts and Interior capture the irrigators' obligation to pay annual assessments as well as the irrigation districts' authority to collect such assessments for payment to the United States. The authority to assess rates, however, rests solely with Interior and has not been delegated to the irrigation districts. Comment: Several commenters requested that the rate increase be deferred until current litigation is resolved regarding the transfer of the operation and maintenance of the FIIP. Response: As current project operator, BIA must plan for the 2018 season and set O&M rates at a level sufficient to cover the costs of administering, operating, maintaining and rehabilitating the FIIP. It is imperative that the project operator be able to operate and maintain the project, ensure adequate staffing levels, purchase supplies and materials, repair and/or replace existing key infrastructure, implement an invasive weed control program, maintain operating equipment, maintain an adequate equipment sinking fund for replacing vital heavy equipment, and maintain an adequate Emergency Reserve Fund. Additionally, the project operator will also need to address deferred maintenance projects on the FIIP. Comment: One commenter stated that a 29% increase is unwarranted at this time. Response: The costs associated with operating and maintaining the FIIP have historically and consistently exceeded the amount paid through assessments. Even during the timeframe during which the Cooperative Management Entity operated the FIIP, the O&M assessment rate was increased twice, in 2010 and 2011. Since reassumption, the BIA has made clear the need to increase FIIP assessments rates to address its operation and maintenance needs and has publicly noticed the need to raise rates in both 2015 and 2016 (see 80 FR 33279, June 11, 2015, and 81 FR 51927, August 5, 2016, respectively). The only reason rate increases were not implemented during these years was because of the timeframe necessary to communicate an increase to the counties that collect the O&M funds. Rate increases have been needed for many years, and FIIP's ability to address its operation and maintenance needs have been compromised by not increasing rates since 2011. Moreover, the methodology used by BIA to determine the 2017 O&M rate was reasonable. Based on a review of historical income receipts and expenditures, a budget of projected income receipts and expenditures is developed approximately two years before the O&M assessments are collected and expenses are incurred. BIA relies on financial reports generated by the Financial and Business Management System for reviewing past expenditures and projecting a future budget and expenditures. Procurement files and records maintained by the FIIP were also reviewed and considered. Comment: One commenter stated that no rate increase should be made at this time because of local agricultural economics. Response: BIA's projects are important economic contributors to the local communities they serve, and they contribute millions of dollars in crop value annually. Unfortunately, the costs associated with operating and maintaining an irrigation project may increase independently of prices and costs that are realized by the irrigators. Historically, BIA tempered irrigation rate increases to demonstrate sensitivity to the economic impact on water users, but that past practice resulted in a rate deficiency at some irrigation projects and BIA does not have discretionary funds to subsidize irrigation projects. Therefore, funding to operate and maintain these projects needs to come from revenues from the water users served by those projects. BIA's irrigation program has been the subject of several Office of Inspector General (OIG) and U.S. Government Accountability Office (GAO) audits. In the most recent OIG audit, No. 96-I-641, March 1996, the OIG concluded: Operation and maintenance revenues were insufficient to maintain the projects, and some projects had deteriorated to the extent that their continued capability to deliver water was in doubt. This occurred because operation and maintenance rates were not based on the full cost of delivering irrigation water, including the costs of systematically rehabilitating and replacing project facilities and equipment, and because project personnel did not seek regular rate increases to cover the full cost of project operation. A previous OIG audit performed on one of the BIA's largest irrigation projects, the Wapato Indian Irrigation Project, No. 95-I- 1402, September 1995, reached the same conclusion. To address the issues noted in these audits, BIA must systematically review and evaluate irrigation assessment rates and adjust them, when necessary, to reflect the full costs to operate and perform all appropriate maintenance on the irrigation project or facility infrastructure to ensure safe and reliable [[Page 37606]] operation. If this review and adjustment is not accomplished, a rate deficiency can accumulate over time. Rate deficiencies force BIA to raise irrigation assessment rates in larger increments over shorter periods than would have been otherwise necessary. Comment: One commenter stated that the proposed rate increase was not discussed with the Joint Board of Control (JBC) nor the Confederated Salish and Kootenai Tribes (CSKT). Response: The status of the FIIP budget and the need to increase rates were communicated to the JBC as early as 2014 and have been discussed with both the JBC and CSKT numerous times since then. BIA publicly noticed its intent to increase assessment rates in both 2015 and 2016 (see 80 FR 33279, June 11, 2015, and 81 FR 51927, August 5, 2016). Regarding the 2018 proposed increase, the Project Manager provided and discussed the proposed budget information that supports the rate increase to the JBC in January 2017. This information was also provided at an April 11, 2017 water user meeting. The CSKT was also notified of the rate increase. Comment: One commenter recommended a gradual rate increase over the next 5 to 7 years. Response: BIA has projected this proposed rate increase for several years, and anticipated increasing the assessment rates in both 2015 and 2016. The FIIP O&M budget was prepared in accordance with BIA financial guidelines. BIA considers the following items when determining an irrigation's project's budget: Project personnel costs; materials and supplies; vehicle and equipment repairs; equipment; capitalization expenses; acquisition expenses; rehabilitation costs; maintenance of a reserve fund for contingencies or emergencies; and other expenses that are determined to be necessary to operate and maintain an irrigation project. Based on increased costs associated with administering, operating, maintaining and rehabilitating the FIIP, the need for the proposed rate increase is clear and the $7.50 increase is justified. However, given the timing of the Federal Register notice, BIA has decided to impose only a $3.00 increase in 2018 and postpone the remainder of the increase until 2019. The Following Comment Is Specific to the Colorado River Indian Irrigation Project Comment: One commenter suggested that the rate for the Colorado River Indian Tribes should be increased by 11%. Included were several reports related to previous and recent information collected regarding the Colorado River Indian Irrigation Project (CRIIP). Response: The recent information collected concerning the CRIIP is being evaluated to determine how this might impact the future operation and maintenance activities of the project. However, in order to implement an increase it would be necessary to propose the change and again solicit comments. For the purpose of this notice, the proposed rate as published in the Federal Register at 82 FR 18770 (April 21, 2017) will remain unchanged. 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 www.thefederalregister.org. What authorizes you to issue this notice? Our authority to issue this notice is vested in the Secretary of the Interior (Secretary) by 5 U.S.C. 301 and the Act of August 14, 1914 (38 Stat. 583; 25 U.S.C. 385). The Secretary has in turn delegated this authority to the Assistant Secretary--Indian Affairs under Part 209, Chapter 8.1A, of the Department of the Interior's Departmental Manual. Whom can I contact for further information? The following tables are the regional and project/agency contacts for our irrigation facilities. ------------------------------------------------------------------------ Project name Project/agency contacts ------------------------------------------------------------------------ Northwest Region Contacts ------------------------------------------------------------------------ Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest Regional Office, 911 N.E. 11th Avenue, Portland, OR 97232- 4169,Telephone: (503) 231-6702. ------------------------------------------------------------------------ Flathead Indian Irrigation Project Pete Plant, Acting 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, Telephones: (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, 2021 4th Avenue North, 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, John Anevski, Acting Irrigation Project Manager, P.O. Box 69, Crow Agency, MT 59022, Telephones: (406) 638- 2672, Superintendent, (406) 247- 7998, Acting Irrigation Project Manager. Fort Belknap Irrigation Project... John St. Pierre, Superintendent, John Anevski, Acting Irrigation Project Manager (BIA), (Project operation & 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. [[Page 37607]] Wind River Irrigation Project..... Norma Gourneau, Superintendent, John Anevski, Acting Irrigation Project Manager, P.O. Box 158, Fort Washakie, WY 82514, Telephones: (307) 332-7810, Superintendent, (406) 247-7998, 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. Duck Valley Irrigation Project.... Joseph McDade, Superintendent, (Project operation & 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......... Denni Shields, Superintendent, 256 South Second Avenue, Suite D, Yuma, AZ 85364, Telephone: (928) 782- 1202. San Carlos Irrigation Project Ferris Begay, Project Manager, Indian Works and Joint Works. Clarence Begay, Irrigation Manager, 13805 N. Arizona Boulevard, Coolidge, AZ 85128, Telephone: (520) 723-6225. Uintah Irrigation Project......... Antonio Pingree, Acting Superintendent, Ken Asay, Irrigation System Manager, P.O. Box 130, Fort Duchesne, UT 84026, Telephone: (435) 722-4300, (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 adjusted 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 final rates for the 2017 calendar year and subsequent years where applicable. An asterisk immediately following the rate category notes the irrigation projects where 2017 rates are different from the 2016 rates. ---------------------------------------------------------------------------------------------------------------- Final 2016 Final 2017 Final 2018 Project name Rate category rate rate rate ** ---------------------------------------------------------------------------------------------------------------- Northwest Region Rate Table ---------------------------------------------------------------------------------------------------------------- Flathead Indian Irrigation Project Basic-per acre--A....... $26.00 $26.00 $29.00 (See Note #1). Basic-per acre--B....... 13.00 13.00 14.50 Minimum Charge per tract 75.00 75.00 75.00 ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Final 2016 Final 2017 Project name Rate category rate rate ---------------------------------------------------------------------------------------------------------------- Fort Hall Irrigation Project.................. Basic per acre *................ $52.00 $54.00 Minimum Charge per tract *...... 37.00 38.50 Fort Hall Irrigation Project--Minor Units..... Basic per acre *................ 31.00 32.50 Minimum Charge per tract *...... 37.00 38.50 Fort Hall Irrigation Project--Michaud......... Basic per acre *................ 55.00 57.50 Pressure per acre *............. 83.00 88.50 Minimum Charge per tract *...... 37.00 38.50 Wapato Irrigation Project--Toppenish/Simcoe Minimum Charge per bill......... 25.00 25.00 Units. Basic per acre.................. 25.00 25.00 Wapato Irrigation Project--Ahtanum Units...... Minimum Charge per bill......... 30.00 30.00 Basic per acre.................. 30.00 30.00 Wapato Irrigation Project--Satus Unit......... Minimum Charge per bill......... 79.00 79.00 ``A'' Basic per acre............ 79.00 79.00 ``B'' Basic per acre............ 85.00 85.00 Wapato Irrigation Project--Additional Works... Minimum Charge per bill *....... 78.00 80.00 Basic per acre *................ 78.00 80.00 Wapato Irrigation Project--Water Rental....... Minimum Charge.................. 86.00 86.00 Basic per acre.................. 86.00 86.00 ---------------------------------------------------------------------------------------------------------------- Rocky Mountain Region Rate Table ---------------------------------------------------------------------------------------------------------------- Blackfeet Irrigation Project.................. Basic-per acre.................. 20.00 20.00 [[Page 37608]] Crow Irrigation Project--Willow Creek O&M Basic-per acre *................ 26.00 28.00 (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 *................ 26.00 28.00 Bighorn, Soap Creek, and Pryor Units). Crow Irrigation Project--Two Leggins Unit..... Basic-per acre.................. 14.00 14.00 Crow Irrigation Two Leggins Drainage District. Basic-per acre.................. 2.00 2.00 Fort Belknap Irrigation Project............... Basic-per acre.................. 16.00 16.00 Fort Peck Irrigation Project.................. Basic-per acre.................. 26.00 26.50 Wind River Irrigation Project--Units 2, 3 and Basic-per acre *................ 22.50 23.50 4. Wind River Irrigation Project--Unit 6......... Basic-per acre.................. 21.00 21.00 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.................. 15.50 15.50 Wind River Irrigation Project--A Canal Unit... Basic-per acre.................. 15.50 15.50 Wind River Irrigation Project--Riverton Valley Basic-per acre *................ 26.00 30.65 Irrigation District. ---------------------------------------------------------------------------------------------------------------- Southwest Region Rate Table ---------------------------------------------------------------------------------------------------------------- Pine River Irrigation Project................. Minimum Charge per tract........ 50.00 50.00 Basic-per acre *................ 18.00 19.00 ---------------------------------------------------------------------------------------------------------------- Western Region Rate Table ---------------------------------------------------------------------------------------------------------------- Colorado River Irrigation Project............. Basic per acre up to 5.75 acre- 54.00 54.00 feet. Excess Water per acre-foot over 17.00 17.00 5.75 acre-feet. Duck Valley Irrigation Project................ Basic per acre.................. 5.30 5.30 Yuma Project, Indian Unit (See Note #3)....... Basic per acre up to 5.0 acre- 113.00 118.50 feet *. Excess Water per acre-foot over 24.50 27.50 5.0 acre-feet *. Basic per acre up to 5.0 acre- 113.00 118.50 feet (Ranch 5) *. ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Project name Rate category Final 2016 rate Final 2017 rate Final 2018 rate ** ---------------------------------------------------------------------------------------------------------------- San Carlos Irrigation Project Basic per acre *.. $30.00............ $25.00............ $27.90. (Joint Works) (See Note #4). ------------------------------------------------------------------------------- Final 2017-2018 Construction Water Rate Schedule: ------------------------------------------------------------------------------- Off Project On Project On Project Construction Construction--Gra Construction--Pum vity Water p 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 No Charge......... No Charge. [dagger]. gal. ---------------------------------------------------------------------------------------------------------------- [dagger] The excess water rate applies to all water used in excess of 50,000 gallons in any one month. ---------------------------------------------------------------------------------------------------------------- Final 2016 Final 2017 Project name Rate category rate rate ---------------------------------------------------------------------------------------------------------------- San Carlos Irrigation Project (Indian Works) Basic per acre.................. $81.00 $81.00 (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 ---------------------------------------------------------------------------------------------------------------- * Notes irrigation projects where rates are adjusted. ** The requirement for a final 2018 Rate is only applicable to the Flathead and San Carlos Irrigation Projects due to their specific billing requirements. Note #1: Federal Register Notice on April 06, 2017 established the 2017 rate for the Flathead Indian Irrigation Project (82 FR 16849). This notice makes final the 2018 rate for the FIIP. Note #2: The O&M rate may vary yearly based upon the budget submitted by the LeClair District. Note #3: The O&M rate for the Yuma Project, Indian Unit has two components. The first component is the O&M rate established by the Bureau of Reclamation (BOR), the owner and operator of the Project. The BOR rate for 2017 is $115.00/acre. The second component is for the O&M rate established by BIA to cover administrative costs including billing and collections for the Project. The 2017 BIA rate is $3.50/acre. Note #4: The construction water rate schedule identifies the fees assessed for use of irrigation water for non- irrigation purposes. Federal Register Notice on April 06, 2017 established the 2017 rate for the SCIP-JW (82 FR 16849). This notice makes final the 2018 rate for the SCIP-JW. Note #5: The 2017 O&M rate for the San Carlos Irrigation Project--Indian Works has three components. The first component is the O&M rate established by the San Carlos Irrigation Project--Indian Works, the owner and operator of the Project; this rate is $50.00 per acre. The second component is for the O&M rate established by the San Carlos Irrigation Project--Joint Works and is determined to be $25.00 per acre. The third component is the O&M rate established by the San Carlos Irrigation Project Joint Control Board and is $6.00 per acre. [[Page 37609]] 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 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 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 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, 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 rate adjustments do not constitute a major Federal action significantly affecting the quality of the human environment and that no detailed statement is required under the National Environmental Policy Act of 1969, 42 U.S.C. 4321- 4370(d), pursuant to 43 CFR 46.210(i). In addition, the rate adjustments do not present any of the 12 extraordinary circumstances listed at 43 CFR 46.215. Data Quality Act In developing this notice, we did not conduct or use a study, experiment, or survey requiring peer review under the Data Quality Act (Pub. L. 106-554). Dated: July 27, 2017. Michael S. Black, Acting Assistant Secretary--Indian Affairs. [FR Doc. 2017-16910 Filed 8-10-17; 8:45 am] BILLING CODE 4337-15-P
![37604 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices
II. Background The applicant requests a permit to If you submit a comment via http://
import DNA samples from the following www.regulations.gov, your entire
To help us carry out our conservation
species: leatherback sea turtle comment, including any personal
responsibilities for affected species, and
(Dermochelys coriacea), green sea turtle identifying information, will be posted
in consideration of section 10(a)(1)(A) of
(Chelonia mydas), and hawksbill sea on the Web site. If you submit a
the Endangered Species Act of 1973, as
turtle (Eretmochelys imbricata) for the hardcopy comment that includes
amended (16 U.S.C. 1531 et seq.), along
purpose of scientific research. This personal identifying information, you
with Executive Order 13576,
notification is for a single import. may request at the top of your document
‘‘Delivering an Efficient, Effective, and
Applicant: John Aynes, Oklahoma City, that we withhold this information from
Accountable Government,’’ and the
OK; PRT–29141A public review. However, we cannot
President’s Memorandum for the Heads
guarantee that we will be able to do so.
of Executive Departments and Agencies The applicant requests a renewal and We will post all hardcopy comments
of January 21, 2009—Transparency and amendment to a captive-bred wildlife on http://www.regulations.gov.
Open Government (74 FR 4685; Jan. 26, registration under 50 CFR 17.21(g) for
2009), which call on all Federal the following species: Golden conure/ VI. Authority
agencies to promote openness and Queen of Bavaria conure (Aratinga The authority for this action is the
transparency in Government by guarouba), which is listed as the golden Endangered Species Act of 1973 (16
disclosing information to the public, we parakeet; red-vented cockatoo (Cacatua U.S.C. 1531 et seq.).
invite public comment on these permit haematuropygia), which is listed as the
applications before final action is taken. Philippine cockatoo; citron cockatoo Joyce Russell,
(Cacatua sulphurea citrinocristata); and Government Information Specialist, Branch
III. Permit Applications of Permits, Division of Management
blue-throated macaw (Ara
We invite the public to comment on glaucogularis) to enhance the Authority.
applications to conduct certain propagation or survival of the species. [FR Doc. 2017–16947 Filed 8–10–17; 8:45 am]
activities with endangered species. With This notification covers activities to be BILLING CODE 4333–15–P
some exceptions, the Endangered conducted by the applicant over a 5-
Species Act (16 U.S.C. 1531 et seq.; year period.
ESA) prohibits activities with listed DEPARTMENT OF THE INTERIOR
Applicant: Jason Troxell, Eagle River,
species unless Federal authorization is AK; PRT–32830
acquired that allows such activities. Bureau of Indian Affairs
The applicant requests a captive-bred [178A2100DD/AAKC001030/
Applicant: Liliana Cortez Ortiz, Ann wildlife registration under 50 CFR
Arbor, MI; PRT–26524C A0A501010.999900 253G]
17.21(g) for radiated tortoises
The applicant requests a permit to (Astrochelys radiata) to enhance species Rate Adjustments for Indian Irrigation
import howler monkey (Alouatta survival. This notification covers Projects
palliata palliata) biological samples activities conducted by the applicant
from nongovernmental organization over a 5-year period. AGENCY: Bureau of Indian Affairs,
(NGO) Asociación para el Desarrollo de Interior.
Solentiname, Isla Mancarrón, El Multiple Applicants ACTION: Notice.
Archipielago de Solentiname, Applicant: Sal Davino, Morristown, NJ;
Nicaragua, for the purpose of scientific PRT–21334C SUMMARY: The Bureau of Indian Affairs
research. This notification covers (BIA) owns or has an interest in
Applicant: Sharon Fisher, Dorr, MI;
activities to be conducted by the irrigation projects located on or
PRT–32360C
applicant over a 5-year period. associated with various Indian
The applicant requests a permit to reservations throughout the United
Applicant: Zoological Society of import sport-hunted trophies of a male States. We are required to establish
Philadelphia, PA; PRT–31910C bontebok (Damaliscus pygargus irrigation assessment rates to recover the
The applicant requests a permit to pygargus) culled from a captive herd costs to administer, operate, maintain,
import one captive born female jaguar maintained under the management and rehabilitate these projects. We are
(Panthera onca) from Zoo de Granby, program of the Republic of South Africa, notifying you that we have adjusted the
Quebec, Canada, for the purpose of for the purpose of enhancing the irrigation assessment rates at several of
enhancement of the survival of the propagation or survival of the species. our irrigation projects and facilities to
species. IV. Next Steps reflect current costs of administration,
Applicant: Ricardo Longoria, Natalia, operation, maintenance, and
If the Service decides to issue permits rehabilitation.
TX; PRT–192403
to any of the applicants listed in this
The applicant requests renewal of a notice, we will publish a notice in the DATES: The irrigation assessment rates
permit to authorize interstate commerce, Federal Register. You may locate the are current as of January 1, 2017.
export and cull excess barasingha Federal Register notice announcing the FOR FURTHER INFORMATION CONTACT: For
(Rucervus duvaucelii), Eld’s deer permit issuance date by searching in details about a particular BIA irrigation
(Rucervus eldii), and red lechwe (Kobus www.regulations.gov under the permit project or facility, please use the tables
lechwe) from the captive herds in the SUPPLEMENTARY INFORMATION
asabaliauskas on DSKBBXCHB2PROD with NOTICES
number listed in this document.
maintained at their facility for the section to find contacts at the regional
purpose of enhancement of the survival V. Public Comments or local office at which the project or
of the species. This notification covers You may submit your comments and facility is located.
activities to be conducted by the materials concerning this notice by one SUPPLEMENTARY INFORMATION: A Notice
applicant over a 5-year period. of the methods listed in ADDRESSES. We of Proposed Rate Adjustment was
Applicant: Cynthia Page-Karjian, will not consider comments sent by published in the Federal Register on
Florida Atlantic Univ, Fort Pierce, FL; email or fax or to an address not listed April 21, 2017 (82 FR 18770) to propose
PRT–34054C in ADDRESSES. adjustments to the irrigation assessment
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![Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices 37609
Consultation and Coordination With million per year. They do not have a Data Quality Act
Tribal Governments (Executive Order significant or unique effect on state, In developing this notice, we did not
13175) local, or tribal governments or the conduct or use a study, experiment, or
The Department of the Interior strives private sector. Therefore, the survey requiring peer review under the
to strengthen its government-to- Department is not required to prepare a Data Quality Act (Pub. L. 106–554).
government relationship with Indian statement containing the information
required by the Unfunded Mandates Dated: July 27, 2017.
Tribes through a commitment to
Reform Act (2 U.S.C. 1531 et seq.). Michael S. Black,
consultation with Indian Tribes and
recognition of their right to self- Acting Assistant Secretary—Indian Affairs.
Takings (Executive Order 12630)
governance and Tribal sovereignty. We [FR Doc. 2017–16910 Filed 8–10–17; 8:45 am]
have evaluated this notice under the These rate adjustments do not effect a BILLING CODE 4337–15–P
Department’s consultation policy and taking of private property or otherwise
under the criteria of Executive Order have ‘‘takings’’ implications under
13175 and have determined there to be Executive Order 12630. The rate DEPARTMENT OF THE INTERIOR
substantial direct effects on federally adjustments do not deprive the public,
state, or local governments of rights or Bureau of Indian Affairs
recognized Tribes because the irrigation
projects are located on or associated property.
[178A2100DD/AAKC001030/
with Indian reservations. To fulfill its Federalism (Executive Order 13132) A0A501010.999900 253G]
consultation responsibility to Tribes and
Tribal organizations, BIA Under the criteria in section 1 of Land Acquisitions; The Cherokee
communicates, coordinates, and Executive Order 13132, these rate Nation
consults on a continuing basis with adjustments do not have sufficient
these entities on issues of water federalism implications to warrant the AGENCY: Bureau of Indian Affairs,
delivery, water availability, and costs of preparation of a federalism summary Interior.
administration, operation, maintenance, impact statement because they will not ACTION: Notice.
and rehabilitation of projects that affect the States, the relationship
concern them. This is accomplished at between the national government and SUMMARY: The Principal Deputy
the individual irrigation project by the States, or the distribution of power Assistant Secretary—Indian Affairs
project, agency, and regional and responsibilities among various made a final agency determination to
representatives, as appropriate, in levels of government. A federalism acquire 45.92 acres, more or less,
accordance with local protocol and summary impact statement is not located in Cherokee County, Oklahoma
procedures. This notice is one required. (Cherokee Springs Site) in trust for the
component of our overall coordination Cherokee Nation for gaming and other
and consultation process to provide Civil Justice Reform (Executive Order purposes on January 19, 2017.
notice to, and request comments from, 12988) FOR FURTHER INFORMATION CONTACT: Ms.
these entities when we adjust irrigation This notice complies with the Paula L. Hart, Director, Office of Indian
assessment rates. requirements of Executive Order 12988. Gaming, Bureau of Indian Affairs, MS–
Specifically, in issuing this notice, the 3657 MIB, 1849 C Street NW.,
Actions Concerning Regulations That
Department has taken the necessary Washington, DC 20240, telephone (202)
Significantly Affect Energy Supply,
steps to eliminate drafting errors and 219–4066.
Distribution, or Use (Executive Order
13211) ambiguity, minimize potential litigation, SUPPLEMENTARY INFORMATION: This
and provide a clear legal standard for notice is published in the exercise of
The rate adjustments are not a affected conduct as required by section authority delegated by the Secretary of
significant energy action under the 3 of Executive Order 12988. the Interior to the Principal Deputy
definition in Executive Order 13211. A Assistant Secretary—Indian Affairs by
Statement of Energy Effects is not Paperwork Reduction Act of 1995
209 Departmental Manual 8.1, and is
required. These rate adjustments do not affect published to comply with the
Regulatory Planning and Review the collections of information which requirements of 25 CFR 151.12 (c)(2)(ii)
(Executive Order 12866) have been approved by the Office of that notice of the decision to acquire
These rate adjustments are not a Information and Regulatory Affairs, land in trust be promptly provided in
significant regulatory action and do not Office of Management and Budget, the Federal Register.
need to be reviewed by the Office of under the Paperwork Reduction Act of On January 19, 2017, the Principal
Management and Budget under 1995. The OMB Control Number is Deputy Assistant Secretary—Indian
Executive Order 12866. 1076–0141 and expires June 30, 2019. Affairs issued a decision to accept the
Cherokee Springs Site, consisting of
Regulatory Flexibility Act National Environmental Policy Act
approximately 45.92 acres, more or less,
These rate adjustments are not a rule The Department has determined that of land in trust for the Nation, under the
for the purposes of the Regulatory these rate adjustments do not constitute authority of the Indian Reorganization
Flexibility Act because they establish ‘‘a a major Federal action significantly Act, 25 U.S.C. 5108. The Principal
asabaliauskas on DSKBBXCHB2PROD with NOTICES
rule of particular applicability relating affecting the quality of the human Deputy Assistant Secretary—Indian
to rates.’’ 5 U.S.C. 601(2). environment and that no detailed Affairs determined that the Nation’s
statement is required under the National request also meets the requirements of
Unfunded Mandates Reform Act of Environmental Policy Act of 1969, 42 the Indian Gaming Regulatory Act’s
1995 U.S.C. 4321–4370(d), pursuant to 43 ‘‘Oklahoma exception,’’ 25 U.S.C.
These rate adjustments do not impose CFR 46.210(i). In addition, the rate 2719(a)(2)(A)(i), to the general
an unfunded mandate on state, local, or adjustments do not present any of the 12 prohibition contained in 25 U.S.C.
tribal governments in the aggregate, or extraordinary circumstances listed at 43 2719(a) on gaming on lands acquired in
on the private sector, of more than $130 CFR 46.215. trust after October 17, 1988.
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Document Created: 2018-10-24 11:48:44
Document Modified: 2018-10-24 11:48:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | The irrigation assessment rates are current as of January 1, 2017. | |
| Contact | For details about a particular BIA irrigation project or facility, please use the tables in the SUPPLEMENTARY INFORMATION section to find contacts at the regional or local office at which the project or facility is located. | |
| FR Citation | 82 FR 37604 |
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