Safety of Dams on Indian Lands (15.065)

Program

15.065 Safety of Dams on Indian Lands

Federal Agency

Agency: Department of the Interior
Office: Bureau of Indian Affairs

Authorization

Indian Self-Determination and Education Assistance Act, Public Law 93-638, as amended, 25 U.S.C. 450; Snyder Act of 1921, 25 U.S.C. 13, Public Law 67-85, 42 Stat. 208; Indian Dams Safety Act of 1994, Public Law 103-302, 108 Stat. 1560; Secretarial Order No. 3048.

Program Number

15.065

Last Known Status

Active

Objectives

To improve the structural integrity of dams on Indian lands, including operations and maintenance of these dams.

Types of Assistance

DIRECT PAYMENTS FOR A SPECIFIED USE

Uses and Use Restrictions

Funds allow for the inspection, operation and maintenance, early warning systems, and emergency action plans of high and significant hazard dams under the responsibility of the Bureau of Indian Affairs, and for safety of dam rehabilitation construction necessary to correct identified deficiencies on the most unsafe dams. Financial awards are specific to a given site and awards are restricted to Indian tribes or tribal organizations affected by the projects.

Eligibility Requirements

Applicant Eligibility

Federally Recognized Indian Tribal Governments and Native American Organizations authorized by Indian tribal governments to be benefited by the award.

Beneficiary Eligibility

Federally Recognized Indian Tribal Governments and their members and Native American Organizations.

Credentials/Documentation

The application must be accompanied by a resolution of the governing body of the Indian tribe. OMB Circular No. A-87 applies to this program.

Application and Award Process

Preapplication Coordination

Informal preapplication conference is recommended. Technical assistance in preparing the application is available upon request. 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. Initial applications must contain the information specified in 25 CFR Part 900, Subpart C, "Contract Proposal Contents." For the rehabilitation construction, applications must contain the information specified in 25 CFR Part 900, Subpart J, "Construction." An Indian tribe or tribal organization that wishes to secure a construction project should contact the appropriate local BIA agency office listed in Appendix IV of the Catalog.

Award Procedure

In most cases, the award will be approved at the regional level.

Deadlines

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

Range of Approval/Disapproval Time

Applications for construction projects will be processed within 90 days after receipt of the final proposal.

Appeals

An unsuccessful applicant may request an informal conference with the deciding official, or may appeal the denial of the application to the Interior Board of Indian Appeals, or may bring suit in U.S. District Court. Full appeal procedures are found in 25 CFR, Part 900, Subpart L.

Renewals

Projects are generally multi-year agreements with no renewal. Under extenuating circumstances, extensions may be granted.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula.

Matching requirements are not applicable to this program.

MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

Contracts are for the duration of the project, often one to five years, and the funds remain available until expended by the contractor/grantee. The timing of payments will be negotiated with the grantee. See the following for information on how assistance is awarded/released: Information not available.

Post Assistance Requirements

Reports

The timing and nature of program accomplishment data will be negotiated with the contractor/grantee. Cash reports are not applicable. Progress reports are not applicable. Federal Financial Report, SF 425 is required. 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

Financial records must be retained for 3 years from the date of submission of the single audit report. Procurement records must be retained for 3 years from the date of final payment. Property records must be retained for 3 years from the date of disposition, replacement, or transfer. Records pertaining to any litigation, audit exceptions, or claims must be retained until the dispute has been resolved.

Program Accomplishments

Fiscal Year 2008: In fiscal year 2008, the design phase was completed on two project and two construction projects were completed. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

14-2100-0-1-302.

Obligations

(Direct Payments for Specified Use) FY 08 $6,700,000; FY 09 est $11,800,000; FY 10 est $9,100,000

Range and Average of Financial Assistance

Range is variable depending upon the scope of work. Awards are commonly awarded for various phases of the safety program. For example, conception design $100,000 to $300,000; final design $300,000 to $1,000,000; and construction repair $1,000,000 to $17,000,000. For the non-construction portion, awards can be from $10,000 up to $250,000.

Regulations, Guidelines and Literature

25 CFR Part 900; and Department of the Interior Safety of Dams (SOD) Program.

Related Programs

Not Applicable.

Information Contacts

Regional or Local Office

See Regional Agency Offices. Applications may be filed with the local Bureau of Indian Affairs agency office as listed in Appendix IV of the Catalog.

Headquarters Office

John Anevski, P.E. Office of Trust Services, Division of Irrigation, Power and Safety of Dams, Bureau of Indian Affairs, 1849 C Street N.W., MS 4655 MIB, Washington, District of Columbia 20240 Email: john_anevski@bia.gov Phone: (202)208-5480

Web Site Address

None.

Examples of Funded Projects

Fiscal Year 2008: Projects commonly encompass three phases of program work: conceptual design, involving engineering studies of construction alternatives; final design, including structural dam design and cost estimation; and construction repair, the physical rehabilitation of existing structures. Also, included are recurring operations and maintenance of the dams, early warning systems and emergency action plans. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Criteria for Selecting Proposals

The relative probability of dam failure (risk-of-failure) is determined from the technical factors used in the SEED report to determine placement on the Department of the Interior's Technical Priority Rating List. This priority list is then used to prioritize budget requests for repair of the Bureau's most unsafe dams. Approximately $22,000,000 of the funds for the Safety of Dams program are distributed in accordance with the Technical Priority Rating listing for Department of the Interior dams.