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 ...
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
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reflect current costs of administration, operation, maintenance, and rehabilitation.
DATES:
The irrigation assessment rates are current as of January 1, 2021.
FOR FURTHER INFORMATION CONTACT:
For details about a particular BIA irrigation project or facility, please use the tables in the
SUPPLEMENTARY INFORMATION
section to identify 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 May 10, 2021 (86 FR 24884) to propose adjustments to the irrigation assessment rates at several BIA irrigation projects. The public and interested parties were provided an opportunity to submit written comments during the 60-day period that ended July 9, 2021.
Did BIA defer or change any proposed rate increases?
No. BIA did not defer or change any proposed rate increases.
Did BIA receive any comments on the proposed irrigation assessment rate adjustments?
No. BIA did not receive any comments on the proposed irrigation assessment rate adjustments.
Does this notice affect me?
This notice affects you if you own or lease land within the assessable acreage of one of our irrigation projects or if you have a carriage agreement with one of our irrigation projects.
Where can I get information on the regulatory and legal citations in this notice?
You can contact the appropriate office(s) stated in the tables for the irrigation project that serves you, or you can use the internet site for the Government Publishing Office at
www.gpo.gov.
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
Bryan Mercier, Regional Director, Bureau of Indian Affairs, Northwest Regional Office, 911 NE 11th Avenue, Portland, OR 97232-4169, Telephone: (503) 231-6702.
Clifford Serawop, Superintendent, Jim Gappa, Acting Irrigation Project Manager (BIA), (Project operation & maintenance performed by Water Users Association), P.O. Box 69, Crow Agency, MT 59022, Telephones: (406) 638-2672 Superintendent, (406) 247-7998 Acting Irrigation Project Manager.
Fort Belknap Irrigation Project
Mark Azure, Superintendent, Jim Gappa, Acting Irrigation Project Manager (BIA), (Project operation & maintenance contracted to Fort Belknap Indian Community under PL 93-638), 158 Tribal Way, Suite B, Harlem, MT 59526, Telephones: (406) 353-2901 Superintendent, (406) 247-7998 Acting Irrigation Project Manager, (406) 353-8466 Tribal Irrigation Office.
Fort Peck Irrigation Project
Anna Eder, Superintendent, Jim Gappa, Acting Irrigation Project Manager (BIA), (Project operation & maintenance performed by Fort Peck Water Users Association), P.O. Box 637, Poplar, MT 59255, Telephones: (406) 768-5312 Superintendent, (406) 247-7998 Acting Irrigation Project Manager, (406) 653-1752 Lead ISO—Huber Wright.
Wind River Irrigation Project
Leslie Shakespeare, Superintendent, Jim Gappa, Acting Irrigation Project Manager (BIA), (Project operation & maintenance for Little Wind, Johnstown, and Lefthand Units contracted to Tribes under PL 93-638; Little Wind-Ray and Upper Wind Units operation & maintenance performed by Ray Canal, A Canal, and Crowheart Water Users Associations), P.O. Box 158, Fort Washakie, WY 82514, Telephones: (307) 332-7810 Superintendent, (406) 247-7998 Acting Irrigation Project Manager.
Southwest Region Contacts
Patricia L. Mattingly, Regional Director, Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School Road NW, Albuquerque, NM 87104, Telephone: (505) 563-3100.
Bryan Bowker, Regional Director, Bureau of Indian Affairs, Western Regional Office, 2600 North Central Avenue, 4th Floor Mailroom, Phoenix, AZ 85004, Telephone: (602) 379-6600.
Joseph McDade, Superintendent, (Project operation & maintenance compacted to Shoshone-Paiute Tribes under PL 93-638), 2719 Argent Avenue, Suite 4, Gateway Plaza, Elko, NV 89801, Telephones: (775) 738-5165 Superintendent, (208) 759-3100 Tribal Office.
Yuma Project, Indian Unit
Denni Shields, Superintendent, (Bureau of Reclamation (BOR) owns the Project and is responsible for operation & maintenance), 256 South Second Avenue, Suite D, Yuma, AZ 85364, Telephones: (928) 782-1202 Superintendent, (928) 343-8100 BOR Area Office Manager.
San Carlos Irrigation Project (Indian Works and Joint Works)
Ferris Begay, Project Manager (BIA), Kyle Varvel, Acting Supervisory Civil Engineer (BIA), (Portions of Indian Works operation & maintenance compacted to Gila River Indian Community under PL 93-638), 13805 North Arizona Boulevard, Coolidge, AZ 85128, Telephones: (520) 723-6225 Project Manager, (520) 562-3372 Acting Supervisory Civil Engineer, (520) 562-6720 Gila River Indian Irrigation & Drainage District.
Uintah Irrigation Project
Antonio Pingree, Superintendent, Ken Asay, Irrigation System Manager (BIA), (Project operation & maintenance performed by Uintah Indian Irrigation Project Operation and Maintenance Company), P.O. Box 130, Fort Duchesne, UT 84026, Telephones: (435) 722-4300 Superintendent, (435) 722-4344 Irrigation System Manager, (435) 724-5200 Uintah Indian Irrigation Operation and Maintenance Company.
Walker River Irrigation Project
Gerry Emm, Acting Superintendent, 311 East Washington Street, Carson City, NV 89701, Telephone: (775) 887-3500.
What irrigation assessments or charges are adjusted by this notice?
The rate table below contains final rates for the 2021 and 2022 calendar years for all irrigation projects where we recover costs of administering, operating, maintaining, and rehabilitating them. An asterisk immediately following the rate category notes the irrigation projects where 2021 rates are different from the 2022 rates.
Project name
Rate category
Final
2021 rate
Final
2022 rate
Northwest Region Rate Table
Flathead Irrigation Project
Basic per acre—A
$33.50
$33.50
Basic per acre—B
16.75
16.75
Minimum charge per tract
75.00
75.00
Fort Hall Irrigation Project
Basic per acre *
58.50
62.50
Minimum charge per tract *
39.00
40.00
Fort Hall Irrigation Project—Minor Units
Basic per acre *
38.00
41.00
Minimum charge per tract *
39.00
40.00
Fort Hall Irrigation Project—Michaud Unit
Basic per acre *
63.50
68.50
Pressure per acre *
99.50
106.50
Minimum charge per tract *
39.00
40.00
Wapato Irrigation Project—Toppenish/Simcoe Units
Minimum charge per bill
25.00
25.00
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
80.00
80.00
Basic per acre
80.00
80.00
Wapato Irrigation Project—Water Rental
Minimum charge per bill
86.00
86.00
Basic per acre
86.00
86.00
Rocky Mountain Region Rate Table
Blackfeet Irrigation Project
Basic per acre
20.50
20.50
Crow Irrigation Project—Willow Creek O&M (includes Agency, Lodge Grass #1, Lodge Grass #2, Reno, Upper Little Horn, and Forty Mile Units)
Basic per acre
28.50
28.50
Crow Irrigation Project—All Others (includes Bighorn, Soap Creek, and Pryor Units)
Basic per acre
28.50
28.50
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 *
17.00
18.00
Fort Peck Irrigation Project
Basic per acre
27.00
27.00
Wind River Irrigation Project—Units 2, 3 and 4
Basic per acre
25.00
25.00
Wind River Irrigation Project—Unit 6
Basic per acre
22.00
22.00
Wind River Irrigation Project—LeClair District (See Note #1)
Basic per acre
47.00
47.00
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Wind River Irrigation Project—Crow Heart Unit
Basic per acre
16.50
16.50
Wind River Irrigation Project—A Canal Unit
Basic per acre
16.50
16.50
Wind River Irrigation Project—Riverton Valley Irrigation District (See Note #1)
Basic per acre
30.65
30.65
Southwest Region Rate Table
Pine River Irrigation Project
Minimum charge per tract
50.00
50.00
Basic per acre *
22.00
22.50
Western Region Rate Table
Colorado River Irrigation Project
Basic per acre up to 5.75 acre-feet *
61.50
64.00
Excess Water per acre-foot over 5.75 acre-feet
18.00
18.00
Duck Valley Irrigation Project
Basic per acre
5.30
5.30
Yuma Project, Indian Unit (See Note #2)
Basic per acre up to 5.0 acre-feet *
154.50
(+)
Excess Water per acre-foot over 5.0 acre-feet *
30.00
(+)
Basic per acre up to 5.0 acre-feet (Ranch 5) *
154.50
(+)
San Carlos Irrigation Project (Joint Works) (See Note #3)
Basic per acre *
25.78
26.00
Final 2022 Construction Water Rate Schedule:
Off project construction
On project construction—gravity water
On project construction—pump water
Administrative Fee
$300.00
$300.00
$300.00.
Usage Fee
$250.00 per month
No Fee
$100.00 per acre foot.
Excess Water Rate †
$5.00 per 1,000 gal
No Charge
No Charge.
Project name
Rate category
Final
2021 rate
Final
2022 rate
San Carlos Irrigation Project (Indian Works) (See Note #4)
Basic per acre *
$97.78
$90.50
Uintah Irrigation Project
Basic per acre
23.00
23.00
Minimum Bill
25.00
25.00
Walker River Irrigation Project
Basic per acre
31.00
31.00
* Notes irrigation projects where rates are adjusted.
+ These rates have not yet been determined.
† The excess water rate applies to all water used in excess of 50,000 gallons in any one month.
Note #1:
O&M rates for LeClair and Riverton Valley Irrigation Districts apply to trust lands that are serviced by each irrigation district. The annual O&M rates are based on budgets submitted by LeClair and Riverton Valley Irrigation Districts, respectively.
Note #2:
The O&M rate for the Yuma Project, Indian Unit has two components. The first component of the O&M rate is established by the Bureau of Reclamation (BOR), the owner and operator of the Project. BOR's rate, which is based upon the annual budget submitted by BOR, is $151.00 for 2021 but has not been established for 2022. The second component of the O&M rate is established by BIA to cover administrative costs, which includes billing and collections for the Project. The 2021 BIA rate component is $3.50/acre. The final 2022 BIA rate component is $4.00/acre.
Note #3:
The Construction Water Rate Schedule identifies fees assessed for use of irrigation water for non-irrigation purposes.
Note #4:
The O&M rate for the San Carlos Irrigation Project—Indian Works has three components. The first component is established by BIA San Carlos Irrigation Project—Indian Works, the owner and operator of the Project; the 2021 rate is $56.00 per acre, and the final 2022 rate is $56.50 per acre. The second component is established by BIA San Carlos Irrigation Project—Joint Works; the 2021 rate is $25.78, and the final 2022 rate is $26.00 per acre. The third component is established by the San Carlos Irrigation Project Joint Control Board (comprised of representatives from the Gila River Indian Community and the San Carlos Irrigation and Drainage District); the 2021 rate is $16.00 per acre, and the 2022 rate is $8.00 per acre.
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
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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.
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. 1531et seq.).
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.
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.
This notice complies with the requirements of Executive Order 12988. Specifically, in issuing this notice, the Department has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct as required by section 3 of Executive Order 12988.
Paperwork Reduction Act of 1995
These rate adjustments do not affect the collections of information which have been approved by the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), under the Paperwork Reduction Act of 1995. The OMB Control Number is 1076-0141 and expires January 31, 2023.
National Environmental Policy Act
The Department has determined that these rate adjustments do not constitute a major Federal action significantly affecting the quality of the human environment and that no detailed statement is required under the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4370(d)), pursuant to 43 CFR 46.210(i). In addition, the rate adjustments do not present any of the 12 extraordinary circumstances listed at 43 CFR 46.215.
Bryan Newland,
Principal Deputy Assistant Secretary—Indian Affairs.