41102 Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Notices 

Dated: August 9, 2018. 

Tara Sweeney, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2018–17729 Filed 8–16–18; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[189A2100DD/AAKC001030/ 

A0A501010.999900253G] 

Indian Gaming; Approval of TribalState Class III Gaming Compact 

Amendments in the State of Oklahoma 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: The State of Oklahoma 

entered into compact amendments with 

the Choctaw Nation of Oklahoma and 

with the Fort Sill Apache Tribe of 

Oklahoma governing certain forms of 

class III gaming; this notice announces 

the approval of the State of Oklahoma 

Gaming Compact Non-house-Banked 

Table Games Supplement between the 

State of Oklahoma and the Choctaw 

Nation of Oklahoma and the Fort Sill 

Apache Tribe of Oklahoma. 

DATES: The compact amendments take 

effect on August 17, 2018. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Paula L. Hart, Director, Office of Indian 

Gaming, Office of the Deputy Assistant 

Secretary—Policy and Economic 

Development, Washington, DC 20240, 

(202) 219–4066. 

SUPPLEMENTARY INFORMATION: Under 

section 11 of the Indian Gaming 

Regulatory Act (IGRA) Public Law 100– 

497, 25 U.S.C. 2701 et seq., the 

Secretary of the Interior shall publish in 

the Federal Register notice of approved 

Tribal-State compacts for the purpose of 

engaging in Class III gaming activities 

on Indian lands. As required by IGRA 

and 25 CFR 293.4, all compacts and 

amendments are subject to review and 

approval by the Secretary. The compact 

amendments authorize the Tribes to 

engage in certain additional class III 

gaming activities, provide for the 

application of existing revenue sharing 

agreements to the additional forms of 

class III gaming, and designate how the 

State will distribute revenue sharing 

funds. 

Dated: August 6, 2018. 

Tara Sweeney, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2018–17728 Filed 8–16–18; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[189A2100DD/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, 2018. 

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 

January 18, 2018 (83 FR 2662) to 

propose adjustments to the irrigation 

assessment rates at several BIA 

irrigation projects. The public and 

interested parties were provided an 

opportunity to submit written 

comments during the 60-day period that 

ended March 19, 2018. 

Did BIA defer or change any proposed 

rate increases? 

Yes. The 2019 Operation and 

Maintenance (O&M) rate for the Wind 

River Irrigation Project, Units 2, 3, and 

4, was proposed in the Federal Register 

at $25.00 per acre. After further review, 

BIA decided to change the rate to 

$24.50. Instead of raising the rate by 

$1.00, the rate will only increase by 

$.50. Because the rate increased by 

$1.50 over the two previous years, BIA 

decided the full $1.00 increase for the 

2019 O&M rate is not appropriate. 

Hence, this notice of rate adjustments 

reflects a 2019 O&M rate of $24.50 per 

acre for Units 2, 3, and 4. 

Did BIA receive any comments on the 

proposed irrigation assessment rate 

adjustments? 

Yes. BIA received twelve (12) written 

comments related to the proposed 

irrigation rate adjustment for the 

Flathead Indian Irrigation Project and 

Wind River Irrigation Project. 

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 

(FIIP) 

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 state a 

general opposition to the 2019 rate 

increase, along with a number of 

specific concerns. These include: A 

concern that BIA is pursuing a rate 

increase prior to the FIIP manager’s 

annual meeting with the individual 

irrigation districts, and concerns with 

how FIIP management chooses to 

expend funds obtained through 

irrigation rate assessments. 

Response: As noted when rates were 

proposed in the Federal Register on 

January 18, 2018 (83 FR 2662), BIA is 

required to establish irrigation 

assessment rates that recover the costs 

to administer, operate, maintain, and 

rehabilitate our projects. As owner of 

FIIP, it is BIA’s responsibility to ensure 

adequate resources are made available 

to meet the requirements noted above. 

BIA’s authority to assess rates dates 

back to the Act of May 29, 1908, 

codified at 25 U.S.C. 381 et seq., and is 

addressed in BIA’s regulations at 25 

CFR part 171. Additionally, the 

repayment contracts between the 

irrigation districts and the Department 

of the 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 

procedures followed by BIA in adjusting 

its irrigation assessment rates are 

consistent with applicable law and past 

practice. 

Regarding the timing of this Federal 

Register notice, BIA makes every effort 

to publish notice of irrigation O&M rate 

adjustments prior to the issuance of 

irrigation bills for the upcoming season, 

and that process requires BIA to solicit 

comments on proposed rate adjustments 

on a timeline that will allow it to 


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publish by then. The BIA-wide effort 

seeking comments on proposed 

irrigation rate adjustments is separate 

from the Project-specific meetings that 

are conducted by individual Project 

Managers consistent with each Project’s 

Operations and Management 

Guidelines. 

Regarding concerns with how FIIP 

management expends funds, each 

Project Manager has discretion to assess 

priorities and address those priorities, 

subject to available funding. As 

discussed in more detail below, BIA 

chose not to implement the full, 

recommended $7.50 increase in 2017, 

choosing instead to impose a $3.00 

increase. As a result, the FIIP Project 

Manager had less funding available to 

address key priorities. It is anticipated 

that the proposed $4.50 increase will 

provide the FIIP Project Manager with 

opportunities to address additional 

priorities. 

Comment: One commenter states an 

opposition to the $4.50 per acre 2019 

O&M rate increase, alleging that BIA has 

not met BIA operating standards by not 

meeting monthly with the three 

irrigation districts and not meeting with 

the three districts to discuss O&M costs, 

water storage, and other issues. 

Response: The status of the FIIP 

budget and the need to increase rates 

were communicated to the Flathead 

Joint Board of Control (FJBC) and 

irrigation districts as early as 2014 and 

have been discussed with the irrigation 

districts, FJBC, and CSKT numerous 

times since then. BIA publicly noticed 

its intent to increase assessment rates in 

both 2015 and 2016 (see Proposed Rate 

Adjustments published in the Federal 

Register on June 11, 2015 (80 FR 33279, 

33283) and August 5, 2016 (81 FR 

51927, 51931)). In January 2017, the 

FIIP Project Manager met with the FJBC 

to discuss the proposed 2018 increase, 

which at the time was proposed to be 

$7.50. As discussed below, for a number 

of reasons, BIA chose to implement only 

a $3.00 increase in 2018, but made it 

clear that the full $7.50 was warranted 

and that the remaining $4.50 increase 

would be included in the 2019 rates. 

This information was provided at an 

April 11, 2017 water user meeting and 

reiterated in meetings with the FJBC on 

May 9, 2017, June 13, 2017, and July 11, 

2017. 

The BIA’s Operations and 

Management Guidelines require only an 

annual meeting with the FJBC. This 

meeting took place on April 11, 2017. 

These Guidelines also allow FIIP 

management to meet with individual 

irrigation districts on an ad hoc basis; to 

that end, the FIIP Project Manager met 

with the chairmen of the three 

individual irrigation districts on June 

15, 2017 to discuss the $4.50 rate 

increase. The FIIP Project Manager also 

met with the FJBC on September 12, 

2017 and October 10, 2017, but the FJBC 

did not discuss the rate increase at those 

meetings. 

Comment: One commenter protests 

the $4.50 per acre increase, stating that 

farmers will be faced with a 29% 

increase in irrigation costs in two years. 

The commenter further contends that 

BIA has not provided a justification or 

proposal for utilizing the increase. 

Response: The costs associated with 

operating and maintaining the FIIP 

consistently exceed the amount paid to 

the FIIP through O&M assessments. 

Even during the timeframe when the 

Cooperative Management Entity 

operated the FIIP, the O&M assessment 

rate was increased twice, in 2010 and 

2011. Since re-assumption, BIA has 

made clear the need to increase FIIP 

assessments rates to address O&M 

needs, and has publicly noticed the 

need to raise rates in both 2015 and 

2016. The only reason rate increases 

were not implemented then was as a 

result of the timeframe necessary to 

communicate an increase to the 

counties that collect the O&M 

assessments. Rate increases have been 

needed for some time, and FIIP’s ability 

to address its operation and 

maintenance needs have been severely 

compromised by not increasing rates 

since 2011. 

In 2017, BIA proposed to increase the 

2018 rate by $7.50 and explained in the 

Federal Register notice on April 21, 

2017 (82 FR 18770) that the entire $7.50 

increase was justified due to the 

increased costs associated with 

administering, operating, maintaining, 

and rehabilitating the FIIP. Because of 

the timing of the 2017 Federal Register 

proposed rate notice, BIA agreed to 

impose only a $3.00 increase in 2018 

and memorialized that increase in the 

final rate notice published on August 

11, 2017 (82 FR 37604, 37605). At the 

time, however, BIA made clear that the 

additional $4.50 would be included in 

its 2019 rates. 

The Following Comments Are Specific 

to the Wind River Irrigation Project 

(WRIP) 

Written comments relating to the 

proposed rate adjustment were received 

by letter. The BIA’s summary of the 

issues and BIA’s responses are provided 

below. 

Comment: One commenter objects to 

increased O&M fees that may idle tribal 

and allotted lands and decrease the 

financial viability of agricultural 

operations. 

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 

rates to demonstrate sensitivity to the 

economic impact on water users, but 

that past practice resulted in a rate 

deficiency at some irrigation projects. 

Therefore, funding to operate and 

maintain these projects needs to come 

from the water users served by those 

projects. 

BIA’s irrigation program has been the 

subject of serval Office of Inspector 

General (OIG) and U.S. Government 

Accountability Office (GAO) audits. In 

the most recent OIG audit, No. 96–I– 

641, March 1996, the OIG concluded: 

Operation and maintenance revenues 

were insufficient to maintain the 

projects, and some projects had 

deteriorated to the extent that their 

continued capability to deliver water 

was in doubt. This occurred because 

operation and maintenance rates were 

not based on the full cost of delivering 

irrigation water, including the costs of 

systematically rehabilitating and 

replacing project facilities and 

equipment, and because project 

personnel did not seek regular rate 

increases to cover the full cost of project 

operation. 

A previous OIG audit performed on 

one of BIA’s largest irrigation projects, 

the Wapato 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 cost to operate and 

perform all appropriate maintenance on 

the irrigation project or facility 

infrastructure to ensure safe and reliable 

operation. If this review and adjustment 

is not accomplished, a rate deficiency 

can accumulate over time. Rate 

deficiencies force BIA to raise irrigation 

assessment rates in larger increments 

over shorter periods than would have 

been otherwise necessary. 

BIA has projected this proposed rate 

increase for several years, and 

anticipated increasing the assessment 

rates in both 2018 and 2019. The Wind 

River Irrigation Project (WRIP) 

Operations and Maintenance (O&M) 

budget was prepared in accordance with 

BIA financial guidelines. The intent of 

the increases is for maintenance of a 


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reserve fund for contingencies or 

emergencies. 

Based on increased costs associated 

with administering, operating, 

maintaining, and rehabilitating WRIP, 

the need for the proposed rate increase 

is clear and justified for both 2018 and 

2019. For those farm units where BIA 

determines that our irrigation facilities 

are not capable of delivering adequate 

irrigation water, an Annual Assessment 

Waiver can be granted to waive the 

O&M assessment. 

Comment: Commenters state that no 

rate increases should occur on WRIP. 

Specifically, some commenters oppose 

Unit 6’s rate increase because the Ray 

Canal Water Users Association 

(RCWUA) efficiently operates the 

project through a cooperative 

agreement. 

Response: As explained in the 

previous response, BIA can no longer 

temper irrigation rates. BIA is required 

to establish irrigation assessment rates 

that recover the costs to administer, 

operate, maintain, and rehabilitate our 

projects. As owner of WRIP, 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, codified at 25 

U.S.C. 381 et seq., and is addressed in 

BIA’s regulations at 25 CFR part 171. In 

accordance with 25 CFR 171.500, 

upcoming annual costs are to be 

estimated through a budgeting process 

that factors in all categories, including 

maintenance of a reserve fund. 

Of the six WRIP rates, BIA does not 

set the rates for LeClair District or 

Riverton Valley Irrigation District. Of 

the remaining four WRIP rates, BIA is 

raising each Unit’s 2017 rate by $1.00 

over the course of two years. Rates for 

three Units (Unit 6, Crow Heart Unit, 

and A Canal Unit) are increasing by 

$1.00 in 2018; these three Units’ rates 

will not increase in 2019. The remaining 

rate for Units 2, 3, and 4 will be raised 

by $1 over the course of two years: $0.50 

increase in 2018 and $.50 increase in 

2019. The rate increases will replenish 

WRIP’s reserve fund; as explained 

below, the reserve fund is for 

contingencies or emergencies. 

Regarding Unit 6 specifically, 

RCWUA bases its annual budget on the 

85% collection rate minus the BIA 

direct service cost. The BIA direct 

service cost is $3.50 per acre and based 

on a cost per acre of direct services BIA 

provides to Unit 6 (Ray Canal water 

users), which includes: (1) 

Administrative functions for two fulltime Accounting Technicians; (2) 

general office per acre cost; (3) 7.5% of 

the Project Manager’s per acre cost; and 

(4) 8% of the Equipment Operator’s per 

acre cost. With respect to the last item, 

BIA’s Equipment Operators operate and 

maintain Washakie Dam, which 

provides water to the Ray Canal 

Diversion structure. The Equipment 

Operators also clean trash racks and 

maintain the diversion structure for Ray 

Canal. Operation and maintenance of 

Washakie Dam and the Ray Canal 

Diversion structure is captured in BIA’s 

direct service cost of $3.50 per acre. 

Although RCWUA may be functioning 

within its budget to provide O&M 

within Unit 6, BIA must assess rates 

based on the entire WRIP. BIA must 

increase the rate to (1) reflect the full 

cost of operating and performing all 

maintenance on the irrigation project or 

facility infrastructure and (2) maintain a 

reserve fund to cover emergencies, 

including critical repairs to avoid 

potential system failures that occurred 

in 2017. The reserve fund is used as 

needed for any Unit within WRIP, 

including Unit 6. Although BIA receives 

some non-water user funding for 

irrigation rehabilitation, each irrigation 

project needs to maintain a reserve fund 

for emergencies and equipment 

purchases. The BIA National Irrigation 

Handbook’s Emergency Reserve Fund 

Guidelines recommends a reserve of 

40% of the annual O&M costs, which is 

calculated by averaging five years of 

costs. For WRIP, the recommended 

reserve amount is $310,000. In addition, 

irrigation projects should maintain a 

sinking fund to meet future 

expenditures for replacement of 

equipment and vehicles. Currently, the 

reserve fund and sinking fund combined 

total is $280,000. The WRIP rate 

increases will bring in just over $28,000 

in 2018 and over $36,000 in the 

following years for replenishment of 

WRIP’s reserve and sinking funds. Thus, 

BIA views the modest rate increase here 

to be necessary and reasonable. 

Comment: Commenters expressed a 

position that the repair costs (both past 

and future) of the washout of the 37C 

chute project should not be passed on 

to the RCWUA water users. 

Response: Because of flooding that 

resulted from the melting of the 

extensive snowpack that occurred in 

2017, a major structure was damaged, a 

main canal was put at risk of failure, 

and 37C chute was damaged. RCWUA 

did not incur any of the costs associated 

with the 37C chute project. BIA has and 

will continue to use both O&M funds 

and the WRIP reserve fund for repairs 

from the flooding. BIA, Eastern 

Shoshone Tribe, and Northern Arapaho 

Tribe requested and secured non-water 

user funding sources (federal and Tribal 

funds) to supplement the costs 

associated with the repair of 37C chute 

project. Reserve funding may also be 

used for the structure’s repair. 

Accordingly, BIA must increase O&M 

rates to replenish the reserve fund to 

prepare for inevitable failures or 

damage. Without the necessary O&M 

rate increases, lack of adequate funds 

could result in the inability of the 

project to maintain irrigation system 

components and deliver water. 

Comment: Two commenters state an 

opposition to the proposed rate 

adjustments because the Project has 

only had one BIA part-time secretary. 

Given that a BIA project position has 

been vacant for years, salaries from 

vacant positions should offset any 

proposed increases. 

Response: Presently, WRIP is 

operating with one full-time Accounting 

Technician and an Acting Irrigation 

Project Manager. BIA intends to fill two 

vacant positions: Accounting 

Technician and Irrigation Project 

Manager. We believe that these 

personnel expenditures are reasonable 

and appropriate, and well within BIA’s 

authority to manage its personnel to 

assure that its water deliver obligations 

are satisfied. Any remaining funds will 

be utilized toward flood damage and 

deferred maintenance. Thus, water users 

will see a significant portion of the 

increase returned to them in form of 

repairs and increased maintenance. 

Comment: One commenter objects to 

the proposed rate adjustments because 

BIA fails to renew leases and act on 

leasing in a timely manner, which 

leaves a large amount of agricultural 

land vacant on WRIP. 

Response: Leasing functions fall 

under the Agency Realty Office, while 

leases on Tribal land require Tribal 

approval. Upon receipt of leasing 

information from the Agency Realty 

Office, BIA’s WRIP staff efficiently 

perform data entry for O&M billing 

compilation. 

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.gpo.gov. 


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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 

Bodie Shaw, Acting Regional Director, Bureau of Indian Affairs, Northwest Regional Office, 911 NE 11th Avenue, Portland, OR 97232–4169, 

Telephone: (503) 231–6702. 

Flathead Indian Irrigation Project ........................ 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 

Susan Messerly, Acting 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 ......................................... Michael Addy, Acting Superintendent, Jim Gappa, 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 ............................ Dave Hopkins, Acting Superintendent, Jim Gappa, 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. 

Wind River Irrigation Project ............................... Norma Gourneau, Superintendent, Jim Gappa, 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 

John Halliday, Acting 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 (Indian Works and 

Joint Works).

Ferris Begay, Project Manager, 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. 


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What irrigation assessments or charges 

are adjusted by this notice? 

The rate table below contains the final 

rates for the 2018 and 2019 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 2018 

rates are different from the 2019 rates. 

Project name Rate category Final 

2017 rate 

Final 

2018 rate 

Final 

2019 rate 

Northwest Region Rate Table 

Flathead Indian Irrigation Project (See Note 

#1).

Basic-per acre—A * ........................................ $26.00 $29.00 $33.50 

Basic-per acre—B * ........................................ 13.00 14.50 16.75 

Minimum Charge per tract ............................. 75.00 75.00 75.00 

Fort Hall Irrigation Project ............................... Basic per acre * .............................................. 54.00 56.00 58.00 

Minimum Charge per tract * ........................... 38.50 39.00 40.00 

Fort Hall Irrigation Project—Minor Units ......... Basic per acre * .............................................. 32.50 35.00 36.50

Minimum Charge per tract * ........................... 38.50 39.00 40.00 

Fort Hall Irrigation Project—Michaud .............. Basic per acre * .............................................. 57.50 59.50 62.00 

Pressure per acre * ........................................ 88.50 92.50 98.00 

Minimum Charge per tract * ........................... 38.50 39.00 40.00 

Wapato Irrigation Project—Toppenish/Simcoe 

Units.

Minimum Charge per bill ................................ 25.00 25.00 25.00 

Basic per acre ................................................ 25.00 25.00 25.00 

Wapato Irrigation Project—Ahtanum Units ..... Minimum Charge per bill ................................ 30.00 30.00 30.00 

Basic per acre ................................................ 30.00 30.00 30.00 

Wapato Irrigation Project—Satus Unit ............ Minimum Charge per bill ................................ 79.00 79.00 79.00 

‘‘A’’ Basic per acre ......................................... 79.00 79.00 79.00 

‘‘B’’ Basic per acre ......................................... 85.00 85.00 85.00 

Wapato Irrigation Project—Additional Works Minimum Charge per bill ................................ 78.00 80.00 80.00 

Basic per acre ................................................ 78.00 80.00 80.00 

Wapato Irrigation Project—Water Rental ....... Minimum Charge ............................................ 86.00 86.00 86.00 

Basic per acre ................................................ 86.00 86.00 86.00 

Rocky Mountain Region Rate Table 

Blackfeet Irrigation Project .............................. Basic-per acre ................................................ 20.00 20.00 20.00 

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 ................................................ 28.00 28.00 28.00 

Crow Irrigation Project—All Others (includes 

Bighorn, Soap Creek, and Pryor Units).

Basic-per acre ................................................ 28.00 28.00 28.00 

Crow Irrigation Project—Two Leggins Unit .... Basic-per acre ................................................ 14.00 14.00 14.00 

Crow Irrigation Two Leggins Drainage District Basic-per acre ................................................ 2.00 2.00 2.00 

Fort Belknap Irrigation Project ........................ Basic-per acre ................................................ 16.00 16.00 16.00 

Fort Peck Irrigation Project ............................. Basic-per acre * .............................................. 26.50 26.50 27.00 

Wind River Irrigation Project—Units 2, 3 and 

4.

Basic-per acre * .............................................. 23.50 24.00 24.50 

Wind River Irrigation Project—Unit 6 .............. Basic-per acre ................................................ 21.00 22.00 22.00 

Wind River Irrigation Project—LeClair District 

(see Note #2).

Basic-per acre ................................................ 47.00 47.00 47.00 

Wind River Irrigation Project—Crow Heart 

Unit.

Basic-per acre ................................................ 15.50 16.50 16.50 

Wind River Irrigation Project—A Canal Unit ... Basic-per acre ................................................ 15.50 16.50 16.50 

Wind River Irrigation Project—Riverton Valley 

Irrigation District (see Note #2).

Basic-per acre ................................................ 30.65 30.65 30.65 

Southwest Region Rate Table 

Pine River Irrigation Project ............................ Minimum Charge per tract ............................. 50.00 50.00 50.00

Basic-per acre * .............................................. 19.00 20.00 21.00 

Western Region Rate Table 

Colorado River Irrigation Project .................... Basic per acre up to 5.75 acre-feet ............... 54.00 .............. 54.00 .............. 54.00 

Excess Water per acre-foot over 5.75 acrefeet.17.000 ............ 17.00 .............. 17.00 

Duck Valley Irrigation Project (See Note #3) Basic per acre ................................................ 5.30 ................ 5.30 ................ (∂) 

Yuma Project, Indian Unit (See Note #4) ...... Basic per acre up to 5.0 acre-feet ................. 118.50 ............ 147.00 ............ (∂) 

Excess Water per acre-foot over 5.0 acrefeet.27.50 .............. 30.00 .............. (∂) 

Basic per acre up to 5.0 acre-feet (Ranch 5) 118.50 ............ 147.00 ............ (∂) 


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Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Notices 41107 

San Carlos Irrigation Project (Joint Works) 

(See Note #5).

Basic per acre * .............................................. 25.00 .............. 27.90 .............. 31.25 

Final 2017, 2018, 2019 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 

2017 rate 

Final 

2018 rate 

Final 

2019 rate 

San Carlos Irrigation Project (Indian Works) 

(See Note #6).

Basic per acre * .............................................. $81.00 $87.60 $95.40 

Uintah Irrigation Project .................................. Basic per acre * .............................................. 18.00 20.00 21.00 

Minimum Bill ................................................... 25.00 25.00 25.00 

Walker River Irrigation Project ........................ Basic per acre ................................................ 31.00 31.00 31.00 

+ These rates have not yet been determined; BIA will publish a separate notice for these rates at a later date. 

† The excess water rate applies to all water used in excess of 50,000 gallons in any one month. 

* Notes irrigation projects where 2018 rates are different from 2019 rates. 

Note #1: Federal Register Notice on January 18, 2018 (83 FR 2665), finalized the 2018 rate for the Flathead Indian Irrigation Project. 

Note #2: These O&M rates may vary yearly based upon the budget submitted by the LeClair District and the Riverton Valley Irrigation District. 

Note #3: The annual O&M rate is established by the Shoshone-Paiute Tribes who perform O&M under a self-governance compact. 

Note #4: 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 

143.50 for 2018; and has not been established for 2019. 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 2018 and 2019 BIA rate component is 3.50/acre. 

Note #5: Federal Register Notice on August 11, 2017 (82 FR 37608), established the final 2018 rate for the San Carlos Irrigation Project. The 

construction water rate schedule identifies the fees assessed for use of irrigation water for non-irrigation purposes. 

Note #6: The 2018 and 2019 O&M rates 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 each 

year. The second component is for the O&M rate established by the San Carlos Irrigation Project—Joint Works and is determined to be 27.90 

per acre for 2018 and 31.25 per acre for 2019. The third component is the O&M rate established by the San Carlos Irrigation Project Joint Control Board and is 9.70 per acre for 2018 and 14.15 per acre for 2019. 

Consultation and Coordination With 

Tribal Governments (Executive Order 

13175) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian Tribes and 

recognition of their right to selfgovernance 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 


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41108 Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Notices 

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 

(OMB), 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: August 13, 2018. 

Tara Sweeney, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2018–17724 Filed 8–16–18; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[18X 1109AF LLUT930000 

L16100000.DS0000.LXSSJ0640000] 

Notice of Availability of the Grand 

Staircase-Escalante National 

Monument-Grand Staircase, 

Kaiparowits, and Escalante Canyon 

Units and Federal Lands Previously 

Included in the Monument That Are 

Excluded From the Boundaries Draft 

Resource Management Plans and 

Associated Environmental Impact 

Statement 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of availability. 

SUMMARY: In accordance with the 

National Environmental Policy Act of 

1969, as amended, and the Federal Land 

Policy and Management Act of 1976, as 

amended, the Bureau of Land 

Management (BLM) Grand StaircaseEscalante National Monument (GSENM) 

and Kanab Field Office (KFO) have 

prepared Draft Resource Management 

Plans (RMPs) and a Draft Environmental 

Impact Statement (EIS) for the GSENM 

Grand Staircase, Kaiparowits, and 

Escalante Canyons Units and Federal 

lands excluded from the Monument by 

Proclamation 9682 and by this notice 

are announcing the opening of the 

public comment period. 

DATES: To ensure that comments will be 

considered, the BLM must receive 

written comments on the Draft RMPs/ 

Draft EIS within 90 days of the date the 

Environmental Protection Agency 

publishes its Notice of Availability of 

the Draft RMPs/Draft EIS in the Federal 

Register. The BLM will announce future 

meetings or hearings and any other 

public involvement activities at least 15 

days in advance through public notices, 

media releases and/or mailings. 

ADDRESSES: You may submit comments 

on the Draft RMPs/Draft EIS by either of 

the following methods: 

• Website: https://goo.gl/EHvhbc 

• Mail: 669 S Hwy. 89A, Kanab, UT 

84741, Attn: Matt Betenson 

Copies of the Draft RMPs/Draft EIS are 

available at the following locations: 

• Bureau of Land Management, Utah 

State Office, 440 West 200 South, 

Suite 500, Salt Lake City, Utah 

• Escalante Interagency Visitor Center, 

755 West Main, Escalante, Utah 

• Kanab Field Office, 669 South 

Highway 89A, Kanab, Utah 

The Draft RMPs/Draft EIS and 

accompanying background documents 

are available on the ePlanning website 

at: https://goo.gl/EHvhbc. 

FOR FURTHER INFORMATION CONTACT: Matt 

Betenson, Associate Monument 

Manager, telephone (435) 644–1200; 

address 669 S Hwy. 89A, Kanab, UT 

84741; email BLM_UT_CCD_

monuments@blm.gov. Persons who use 

a telecommunications device for the 

deaf (TDD) may call the Federal Relay 

Service (FRS) at 1–800–877–8339 to 

contact the above individual during 

normal business hours. The FRS is 

available 24 hours a day, 7 days a week, 

to leave a message or question for the 

above individual. You will receive a 

reply during normal business hours. 

SUPPLEMENTARY INFORMATION: On 

December 4, 2017, President Donald 

Trump signed Presidential Proclamation 

9682 modifying the boundaries of the 

GSENM as established by Proclamation 

6920 to exclude from designation and 

reservation approximately 861,974 acres 

of land. Lands that remain part of the 

GSENM are included in three units, 

known as the Grand Staircase, 

Kaiparowits, and Escalante Canyons 

Units and are reserved for the care and 

management of the objects of historic 

and scientific interest described in 

Proclamation 6920, as modified by 

Proclamation 9682. Lands that are 

excluded from the Monument 

boundaries are now referred to as the 

Kanab-Escalante Planning Area (KEPA) 

and are managed in accordance with the 

BLM’s multiple-use mandate. 

The planning area is located in Kane 

and Garfield Counties, Utah, and 

encompasses approximately 1.86 

million acres of public land. For the 

GSENM Grand Staircase, Kaiparowits, 

and Escalante Canyons Units, this 

planning effort, is needed to identify 

goals, objectives, and management 

actions necessary for the conservation, 

protection, restoration, or enhancement 

of the resources, objects, and values 

identified in Proclamation 6920, as 

modified by Proclamation 9682. For 

lands excluded from the monument, 

this planning effort is needed to 

determine to identify goals, objectives, 

and management actions necessary to 

ensure that public lands and their 

various resource values are utilized in 

the combination that will best meet the 

present and future needs of the 

American people. 

The entire planning area is currently 

managed by the BLM and under the 

Grand Staircase-Escalante National 

Monument Management Plan (BLM 

1999), as amended. This planning effort 

would replace the existing Monument 

Management Plan with four new RMPs. 


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