Colorado Ute Indian Water Rights Settlement Act (15.510)

Program

15.510 Colorado Ute Indian Water Rights Settlement Act

Federal Agency

Agency: Department of the Interior
Office: Bureau of Reclamation

Authorization

American Recovery and Reinvestment Act of 2009, Public Law 111-5; Colorado River Basin Project Act, Public Law 90-537, 82 Stat.885; Colorado Ute Indian Water Rights Settlement Act of 1988, as amended, Public Law 100-585, 102 Stat. 1973; Colorado Ute Settlement Act Amendments of 2000, Public Law 106-554, 114 Stat. 2763A-266.

Program Number

15.510

Last Known Status

Active

Objectives

To supply both municipal and industrial water supply to the Ute Mountain Ute, Southern Ute Indian Tribe, the Navajo Nation and non-Tribal participants from the Animas-La Plata Project in settlement of water rights claims for the Tribes, and also fulfill other project activities that may be required as a result of the construction, such as relocation of roads and moving power lines. To complete construction of a reconfigured Animas-La Plata Project, consisting of facilities to divert and store water from the Animas River to provide for an average annual depletion of 57,100 acre-feet of water, to be used for municipal and industrial water supply only, for the Ute Mountain and Southern Ute Indian Tribes, and other tribal and non-tribal entities in the Four Corners Region of the United States. Also, to supply 4,680 acre-feet per year to the Navajo Nation through a pipeline from Farmington to Shiprock, NM.

For Recovery Act funded projects and in addition to the program objectives stated above, section 3 of the Act states the following objectives: (1) To preserve and create jobs and promote economic recovery; (2) To assist those most impacted by the recession. (3) To provide investments needed to increase economic efficiency by spurring technological advances in science and health; (4) To invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits; and (5) To stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases.

Types of Assistance

Direct Payments for Specified Use; PROJECT GRANTS

Uses and Use Restrictions

The Bureau of Reclamation is specifically authorized to: (1) Construct, operate and maintain a reservoir, a pumping plant, a reservoir inlet conduit, and appurtenant facilities with sufficient capacity to divert and store water from the Animas River to provide for an average annual depletion of 57,100 acre-feet of water to be used for a municipal and industrial water supply; (2) Meet specific annual depletion rates for water allocation delivery. The design and construction functions of the Bureau of Reclamation with respect to the Dolores and Animas-LaPlata Projects shall be subject to the provisions of the Indian Self-Determination and Education Assistance Act (ii Stat. 2203; 25 U.S.C. 450 et seq.) to the same extent as if such functions were performed by the Bureau of Indian Affairs.

Eligibility Requirements

Applicant Eligibility

Federally Recognized Indian Tribal Government - Projects shall be subject to the provisions of the Indian Self-Determination and Education Assistance Act (ii Stat. 2203; 25 U.S.C. 450 et seq.) to the same extent as if such functions were performed by the Bureau of Indian Affairs; and for projects not awarded subject to Public Law 93-638: State, local, Federally recognized Indian Tribal governments, small businesses, individuals, and profit organizations.

Beneficiary Eligibility

Federally recognized Indian Tribal Government members and the general public in southwestern Colorado and northwestern New Mexico.

Credentials/Documentation

No Credentials or documentation are required. This program is excluded from coverage under OMB Circular No. A-87.

Application and Award Process

Preapplication Coordination

Preapplication coordination is not applicable. Environmental impact information is not 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. The Bureau of Reclamation is required by Public Law 100-585 to use Public Law 93-638 procedures to contract for construction of the Animas-La Plata Project with the Ute Mountain Ute Tribe and the Southern Ute Indian Tribe. Construction contracts for estimated quantities and with firm fixed unit pricing are issued to accomplish the work. For projects under this program that are not required to be awarded subject to Public Law 93-638, funding opportunity announcements, 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 http://www.grants.gov/ .

Award Procedure

An initial statement of work is issued to the Tribe for review and pricing by the Contract Specialist. The Tribe reviews the initial statement of work, submits and proposal with an estimate for completion of the work. The proposal with cost estimate is evaluated by the Government Technical Team, the Government Cost and Price Analyst, Contract Specialist, Contract Administrator, and Contracting Officer. Negotiations are held on the various elements until an agreement is reached and an award is then made. For projects not awarded subject to Public Law 93-638, all applications will be initially screened for eligibility and compliance with the requirements stated in the program funding announcement. Applications passing this screening process will be forwarded for review by a proposal evaluation panel comprised of qualified experts in the program area. Applications will be reviewed against the proposal evaluation criteria, and any additional review factors, as stated in the funding announcement. Final selection will be determined by the Commissioner, Bureau of Reclamation, or regional officials, as applicable to the project.

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time

Varies depending on the type and complexity of the project. Further information will be available for each specific project 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 in the funding announcement.

Appeals

Final award decisions are subject to appeal; however, the Bureau of Reclamation will provide all applicants with information on why their proposals were not selected for award.

Renewals

Not Applicable.

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

Public Law 93-638 contracts and agreements are written for a specific period of time to complete a project, but normally not over 5 years. Funds are disbursed by progress payments, based on percentage of completion of estimated quantities of work. Section 207, Section 17(b) of the Act as amended extended the project period through Fiscal Year 2012. See the following for information on how assistance is awarded/released: Information not available.

Post Assistance Requirements

Reports

Annually, recipients shall submit an annual program performance report. 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 disclosures. For Recovery Act programs recipients are required to complete quarterly reporting in www.FederalReporting.gov. Cash reports are not applicable. Progress reports are not applicable. The Federal Financial Report, SF 425 is required on a quarterly basis. A final SF 425 is required upon on the completion of the agreement. 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.

Program Accomplishments

Fiscal Year 2008: Since 2002, construction contracts in excess of $270 million have been awarded for the Animas-La Plata Project. Construction on Ridges Basin Dam, Inlet Conduit, and Durango Pumping Plant are approximately 99 percent complete. Final design of components to Navajo Nation Municipal Pipeline are complete and 3 contracts are underway. Construction of the entire Animas-La Plata Project is nearly 64 percent complete. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

14-0681-0-3-301; 14-4081-0-3-301 - Recovery Act.

Obligations

(Direct Payments for Specified Use) FY 08 $0; FY 09 est $12,000,000; FY 10 est $0. (Direct Payments for Specified Use) FY 08 $62,087,000; FY 09 est $62,120,000; FY 10 est $62,000,000

Range and Average of Financial Assistance

Range is $92,204 to $14,837,822; Average $66,069,000.

Regulations, Guidelines and Literature

43 CFR 12 and 18, http://www.access.gpo.gov/nara/cfr/cfr-table-search.html#page1; OMB Circulars, http://www.whitehouse.gov/omb/grants/grants_circulars.html; Public Law 93-638, http://www.access.gpo.gov/nara/cfr/waisidx_06/25cfr900_06.html/; these documents may also be obtained by contacting the Bureau of Reclamation Office listed below.

Related Programs

Not Applicable.

Information Contacts

Regional or Local Office

See Regional Agency Offices.

Headquarters Office

Rich Ehat ALP 100, Western Colorado Area Office, 835 East 2nd Avenue, Suite 300 , Durango, Colorado 81301 Email: REhat@uc.usbr.gov Phone: (970) 259-1110 Fax: (970) 259-0059

Web Site Address

http://www.usbr.gov/library/annual_reports/FY2005/MDandA3.pdf/.

Examples of Funded Projects

Fiscal Year 2008: Construction of Durango Pumping Plant Stage 2, Ridges Basin Dam Completion, and Outlet Works Tunnel Excavation; Archaeology: Cultural Resources Investigations; and Relocation of Atmos Gas Pipeline and Associated Facilities. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Criteria for Selecting Proposals

There are no criteria for selecting proposals for projects awarded under Public Law 93-638 procedures. When needed work is identified, a request for proposal is issued with a statement of work. The Tribe submits a proposal based on the statement of work. Negotiations are held to arrive at a mutually agreed upon Public Law 93-638 contract for award of the project and the costs associated with performance of the work. For any projects that may be identified that are not subject to Public Law 93-638 procedures, specific evaluation criteria will be included in the funding announcements posted on www.grants.gov.

For ARRA funded project: The purposes of the Recovery Act are, among others, to quickly and prudently commence activities that preserve and create jobs and to promote economic recovery, and to invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits. To meet these purposes, Reclamation will allocate funds based on the criteria set forth in the Recovery Act and accompanying conference report, and will target activities that quickly infuse money into the economy.