Arizona Water Settlement Act Of 2004

To provide for adjustments to the Central Arizona Project in Arizona, to authorize the Gila River Indian Community water rights settlement, to reauthorize and amend the Southern Arizona Water Rights settlement Act of 1982, for the settlement of water rights to the San Carlos Apache Tribe and for other purposes.

Last Known Status
Active
Program Number
15.542
Federal Agency
Agency: Department of the Interior
Office: Bureau of Reclamation
Types of Assistance
Direct Payments for Specified Use; Project Grants (Cooperative Agreements)
Uses and Use Restrictions
Title I, "Central Arizona Project Settlement" - With respect to: (1) the water provided by the Central Arizona Project to Maricopa, Pinal, and Pima Counties in the State of Arizona, is vital to citizens of the State; and (2) an agreement on the allocation of Central Arizona Project water among interested persons, including Federal and State interests, would provide important benefits to the Federal Government, the State of Arizona, Arizona Indian Tribes, and the citizens of the State. In accordance with the CAP repayment contract, the Central Arizona Project may be used to transport non-project water for: (1) domestic, municipal, fish and wildlife, and industrial purposes; and (2) any purpose authorized under the Colorado River Basin Project Act (43 U.S.C. 1501 et seq.). Title I, Section 104, Authorization of Appropriation: Authorized to be appropriated such sums as are necessary to comply with:(1) the 1994 biological opinion, including any funding transfers required by the opinion; (2) the 1996 biological opinion, including any funding transfers required by the opinion; and (3) any final biological opinion resulting from the 1999 biological opinion, including any funding transfers required by the opinion. Title II, "Gila River Indian Community Water Rights Settlement" - the purposes of this title is: (1) to resolve permanently certain damage claims and all water rights claims among the United States on behalf of the Community, its members, allottees, and the Community and its neighbors; (2) to authorize, ratify, and confirm the Gila River agreement; (3) to authorize and direct the Secretary to execute and perform all obligations of the Secretary under the Gila River agreement; (4) to authorize the actions and appropriations necessary for the United States to meet obligations of the United States under the Gila River agreement and this title; and (5) to authorize and direct the Secretary to execute the New Mexico Consumptive Use and Forbearance Agreement to allow the Secretary to exercises the rights authorized by subsections (d) and (f) of section 304 of the Colorado River Basin Project Act (43 U.S.C. 1524). Title III, "Southern Arizona Water Rights Settlement" - the purposes of this title are: (1) to authorize, ratify, and confirm the agreements referred to in section 309(h); (2) to authorize and direct the Secretary to execute and perform all obligations of the Secretary under those agreements; and (3) to authorize the actions and appropriations necessary for the United States to meet obligations of the United States, under those agreements and this title. Title IV, San Carlos Apache Tribes Water Rights Settlement- with respect to the: none of the provisions of title I, II, or III or the agreements, attachments, exhibits, or stipulations referenced in those titles shall be construed to: (1) amend, alter, or limit the authority of (A) the United States to assert any claim against any party, including any claim for water rights, injury to water rights, or injury to water quality in its capacity as trustee for the San Carlos Apache Tribe, its members and allottees, or in any other capacity on behalf of the San Carlos Apache Tribe, its members, and allottees, in any judicial, administrative, or legislative proceeding; or (B) the San Carlos Apache Tribe to assert any claim against any party, including any claim for water rights, injury to water rights, or injury to water quality in its own behalf or on behalf of its members and allottees in any judicial, administrative, or legislative proceeding consistent with title XXXVII of Public Law 102-575 (106 Stat. 4600, 4740); or (2) amend or alter the CAP Contract for the San Carlos Apache Tribe dated December 11, 1980, as amended April 29, 1999.
Authorization
Arizona Water Settlement Act of 2004, Public Law 108-451.
Eligibility Requirements
Applicant Eligibility
Must have a water allocation and water delivery contract from a Reclamation water resource project.
Beneficiary Eligibility
The general public, state of Arizona, state of New Mexico, irrigation and water districts, local entities and Tribal Government.
Credentials/Documentation
None.

For Public Law 93-638 Contracts, Grants or Agreements Only
(1)Each 638 contract, grant, or cooperative agreement requires project specific authority;
(2)Detailed written technical proposals including background data regarding the tribal client, technical approaches proposed to accomplish the work, scopes of work that separate the work into major tasks, type of personnel to implement the proposals, experience in performing these types of work, timeliness, the levels of cooperation with other parties involved in the proposals, and other information that may be useful for proposal evaluation;
(3)Detailed project cost proposals, including budgets with estimated project costs, including salaries and wages, fringe benefits, travel, equipment, supplies, contracts, and indirect costs, and the values of any in-kind contributions of goods and services; and
(4)The awarded 638 contract, grant or cooperative agreement must contain an authorization resolution from a federally recognized Tribe or Tribal Organization. OMB Circular No. A-87 applies to this program.
Application and Award Process
Preapplication Coordination
Environmental compliance for this program may be required depending on the scope of the specific project funded. This may result in the need for an environmental impact assessment or environmental impact statement prior to the commencement of project activities. An environmental impact statement is required for this program. An environmental impact assessment is required for this program. This program is excluded from coverage under E.O. 12372.
Application Procedure
OMB Circular No. A-102 applies to this program. This program is excluded from coverage under OMB Circular No. A-110. Funding opportunity announcements for this program, along with registration procedures, application packages and instructions, SF 424 forms and any other forms to be used to submit application information, points of contact, and procedures for submitting applications will be available on www.grants.gov.

For Public Law 93-638 Contracts, Grants, and Agreements Only
Initial proposals must contain the information specified in 25 CFR Part 900. Proposals shall be submitted to the applicable Reclamation office with the responsibility for the specific project for which a federally recognized Tribe or Tribal Organization with responsibility.
Award Procedure
All applications will be initially screened for eligibility and compliance with the requirements stated in the funding opportunity announcement. Applications passing this screening process will be forwarded for review by a proposal evaluation panel comprised of qualified experts in the program area (indicate whether reviewers are Federal personnel). Applications will be reviewed against the proposal evaluation criteria and any additional review factors stated in the funding announcement. Final selection will be determined by the Area Office Manager or his designated representative.

For Public Law 93-638 Contracts, Grants, and Agreements Only
Reclamation and the federally recognized Tribe or Tribal Organization develop a negotiation schedule and then negotiate the overarching contract award terms, provisions and conditions based on the requirements of Public Law 93-638, 25 CFR Part 900, any specific requirements of the project authorizing legislation, and other applicable Federal laws and regulations. Reclamation and the Tribe/Tribal Organization also negotiate an annual funding agreement (AFA), which identifies activities to be performed, funds to be provided, and the method of payment of the initial year of the contract. A final contract agreement is prepared based upon the outcome of negotiations; attachments include the work plan, budget, tribal resolution, initial ADA, property listing, project schedule, and list of any other applicable provisions, terms and conditions.
Deadlines
Contact the headquarters or regional office, as appropriate, for application deadlines.
Range of Approval/Disapproval Time
Contingent upon the type and complexity of authorized units under the Act. Further information will be available each specific authorized activity under the Act at the time the funding opportunity announcement is posted on www.grants.gov and may be obtained by contacting the Reclamation personnel listed as the point of contact on the funding announcement.
Appeals
None. Final award decisions are not subject to appeal; however, upon request, the Bureau of Reclamation will provide applicants with information on why their proposals were not selected for award.
Renewals
If renewals or extensions are applicable to the project, this information will be included in the funding opportunity announcement. When renewals or extensions are applicable, continuation of funding for these activities is at the discretion of Congress and will be subject to availability of appropriated funds.
Assistance Considerations
Formula and Matching Requirements
Statutory formulas are not applicable to this program.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.
Length and Time Phasing of Assistance
Length and time phasing of assistance will be included in award issued under this program. See the following for information on how assistance is awarded/released: Payment terms vary by agreement awarded under this program.
Post Assistance Requirements
Reports
Unless otherwise stated in the agreement document, recipients shall submit on an annual basis Program Performance Reports. Upon completion of the agreement, recipients shall submit a final Program Performance Report and other specific reports that may be applicable to the agreement such as property inventories, and patent and invention disclosure.

For Public Law 93-638 Contracts, Grants, and Agreements Only
Reporting (financial status reports and progress reports) requirements will be negotiated and contained within the AFA or the overarching terms and conditions. Cash reports are not applicable. Progress reports are not applicable. Unless otherwise stated in the agreement document, recipients shall submit on an annual basis the SF 425, Federal Financial Report. Upon completion of the agreement, recipients shall submit a final SF 425, Federal Financial Report. Performance monitoring is not applicable.
Audits
In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133.
Records
State, local and Indian Tribal governments shall maintain project records in accordance with 43 CFR 12.82. All other recipients shall maintain project records in accordance with 43 CFR 12.953.

For Public Law 93-638 Contracts, Grants, and Agreements Only
Indian Tribal governments and organizations shall maintain project records in accordance with 43 CFDA 12.83; Public Law 93-638, and 25 CFR Part 900.
Program Accomplishments
Fiscal Year 2013: No Current Data Available Fiscal Year 2014: Information not available. Fiscal Year 2015: No Current Data Available
Financial Information
Account Identification
14-4079-0-3-301.
Obligations
(Project Grants (Cooperative Agreements or Contracts)) FY 12 $39,148,157; FY 13 est $1; and FY 14 est $70,000,000
Range and Average of Financial Assistance
Range $215,000 to $40,000,000; average $54,716,052.
Regulations, Guidelines and Literature
43 CFR 12 and OMB Circulars.

For Public Law 93-638 Contracts, Grants, and Agreements Only
25 USC 40 (Public Law 93-638, 25 CFR Part 900, OMB Circular A-87 (codified at 2 CFR 225), and OMB Circular 133
Information Contacts
Regional or Local Office
See Regional Agency Offices. Phoenix Area Office: Mr. Randy N. Chandler, Area Manager, Bureau of Reclamation, Address: 6150 W. Thunderbird Rd., Glendale, AZ 85306-4001, Telephone: (623) 773-6200.
Headquarters Office
Carol Lynn Erwin, Bureau of Reclamation, Phoenix Area Office, 6150 W. Thunderbird Road, Glendale, Arizona 85306-4001 Phone: (623) 773-6200.
Website Address
http://www.usbr.gov/lc/phoenix
Examples of Funded Projects
Fiscal Year 2013: No Current Data Available Fiscal Year 2014: Information not available. Fiscal Year 2015: No Current Data Available
Criteria for Selecting Proposals
Specific evaluation criteria will be included in each funding announcement posted on www.grants.gov.

For Public Law 93-638 Contracts, Grants, and Agreements Only
Federally recognized Tribes and Tribal organizations must meet the requirements of Public Law 93-638; 25 CFR Part 900 and any additional criteria specific to the authorizing legislation.
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