Miscellaneous Public Law 93-638 Contracts, Grants, And Cooperative Agreements (15.534)

Program

15.534 Miscellaneous Public Law 93-638 Contracts, Grants, And Cooperative Agreements

Federal Agency

Agency: Department of the Interior
Office: Bureau of Reclamation

Authorization

Indian Self-Determination and Education Assistance Act, Title I, Public Law 93-638, 25 U.S.C 450 ; American Recovery and Reinvestment Act of 2009, Public Law 111-5.

Program Number

15.534

Last Known Status

Active

Objectives

Project funds are to be provided on a non-reimbursable basis for construction and/or non-construction activities which are primarily for the benefit of Indians because of their protected status. For ARRA funded projects and in addition to the program objectives above, the Section 3 of the Act states the following objectives: to preserve and create jobs and promote economic recovery; to assist those most impacted by the recession; to provide investments needed to increase economic efficiency by spurring technological advances in science and health; to invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits; and 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

Cooperative Agreements; Direct Payments for Specified Use (Cooperative Agreements)

Uses and Use Restrictions

Contracts, grants, and cooperative agreements are authorized for construction and non-construction projects. Certain restrictions will be applicable based on the specific statutory authority that authorizes the project. This CFDA number will not be utilized if there is a more specific CFDA number applicable to the project such as for projects awarded under the Colorado Ute Indian Water Rights Settlement Act.

Eligibility Requirements

Applicant Eligibility

Federally recognized Indian tribes and tribal organizations in the 17 western states are eligible applicants; however, eligibility alone does not establish a "program.".

Beneficiary Eligibility

Federally recognized Indian tribes and tribal organizations.

Credentials/Documentation

(1) Each contract, grant, or cooperative agreement requires project specific authority. (2) Detailed written technical proposals including background data regarding the applicants, technical approaches proposed to accomplish the work, scopes of work that separate the work into major tasks, types of personnel implementing 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 contribution of goods and services. (4) The awarded contract, grant, or cooperative agreement must contain an authorizing resolution of the governing body of the Indian tribe. OMB Circular No. A-87 applies to this program.

Application and Award Process

Preapplication Coordination

Preapplication coordination is required. 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. Initial proposals must contain the information specified as 25 CFR Part 900. Proposals shall be submitted to the applicable Reclamation office with responsibility for the specific project for which a Tribe or tribal organization proposes to participate. Reclamation will provide technical assistance to Tribes in the development of their proposals as requested, pending availability of appropriations.

Award Procedure

Reclamation and the Tribe 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 also negotiate an Annual Funding Agreement (AFA), which identifies activities to be performed, funds to be provided, and the method of payment for the initial year of the contract. A final contract agreement is prepared based upon the outcome of the negotiations; attachments inlcude the work plan, budget, tribal resolution, initial AFA, property list, list of any applicable provisions, terms, and conditions.

Deadlines

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

Range of Approval/Disapproval Time

As specified for the project.

Appeals

Not Applicable.

Renewals

Will vary with project or award.

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 of projects will vary. See the following for information on how assistance is awarded/released: Information not available.

Post Assistance Requirements

Reports

Program reports are not applicable. Cash reports are not applicable. Projects funded under the American Recovery and Reinvestment Act of 2009 will have additional reporting requirements as described in the award terms and conditions. Recipients are required to report quarterly progress in www.FederalReporting.gov. The Federal Financial Report SF 425 is required. The reporting (financial status report and progress reports) requirements will be negotiated within the AFA or overarching terms and conditions. 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

Indian Tribal governments and organizations shall maintain project records in accordance with 43 CFR 12.82, Public Law 93-638, and 25 CFR Part 900.

Program Accomplishments

Not Applicable.

Financial Information

Account Identification

14-0680-0-1-301; 14-0681-0-1-301 - Recovery Act TAFS 14-0681 2009/2010.

Obligations

(Cooperative Agreements) FY 08 $0; FY 09 est $5,000,000; FY 10 est $5,000,000. (Cooperative Agreements) FY 08 $0; FY 09 est $40,000,000; FY 10 est $0

Range and Average of Financial Assistance

Range is $5,000 to $500,000; Average $16,666,666.

Regulations, Guidelines and Literature

25 U.S.C. 450 (Public Law 93-638, 25 CFR Part 900, OMB Circular A-87 (2 CFR 225), and OMB Circular A-133.

Related Programs

Not Applicable.

Information Contacts

Regional or Local Office

See Regional Agency Offices.

Headquarters Office

Commissioner Office of the Commissioner, Bureau of Reclamation, 1849 C Street, N.W.

, Washington, District of Columbia 20240-0001 Phone: (202) 513-0501

Web Site Address

httpL//www.usbr.gov/native/ .

Examples of Funded Projects

Fiscal Year 2008: Operation and maintenance of Navajo Indian irrigation project facilities, conducting studies to identify water needs for the Tule River Reservation, pre-construction work for creation of a fish hatchery at Walker Lake, Rio Grande Restoration Project at Pueblo of Santa Ana, identify and evaluate the rehabilitation and betterment needs of the Crow Irrigation Project. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Criteria for Selecting Proposals

All applicants must meet the requirements of Public Law 93-638, 25 CFR Part 900 and any additional criteria specific to the authorizing legislation for the project. The project must be contractible under Public Law 93-638.

For Recovery Act funded projects the purposes are, among others, to quickly and prudently commence activities that preserve and create jobs and to promote economic recovery, and to invest in transportation, environment 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 the accompanying conference report, and will target activities that quickly infuse money into the economy.