Water Resources on Indian Lands (15.037)

Program

15.037 Water Resources 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.

Program Number

15.037

Last Known Status

Active

Objectives

To support Indian tribes in the effective and efficient management, planning, and use of their water resources.

Types of Assistance

ADVISORY SERVICES AND COUNSELING; DIRECT PAYMENTS FOR A SPECIFIED USE; PROVISION OF SPECIALIZED SERVICES

Uses and Use Restrictions

Funds are used by tribes to conduct water management and planning project and activities for the purpose of managing and conserving their water resources and to participate in the on-going water rights negotiation and litigation activities to protect and secure their lawful water rights. All awards are project/proposal specific and are the result of a nationwide competitve process.

Eligibility Requirements

Applicant Eligibility

Federally Recognized Indian Tribal Governments and Native American Organizations authorized by Indian tribal governments.

Beneficiary Eligibility

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

Credentials/Documentation

Initial application for financial assistance 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. This. 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. The Bureau's application and prioritization procedure for water programs funding has been published as a Notice in the Federal Register, Vol. 70, No. 201, Wednesday, October 19, 2005 ("Notice of Revised Instructions for Preparing and Prioritizing Water Program Funding Requests"). Completed applications should be submitted by the established deadline to the local BIA agency office listed in Appendix IV of the Catalog.

Award Procedure

Awards are made by the Deputy Bureau Director, Office of Trust Services, Central Office, based on the prioritization of all applications received through a thorough evaluation and scoring by a six-person review team. Awards are usually made shortly after the review team has completed its reviews of all proposals received in Central Office by the due date of September 15th. Any awards are subject to the availability of the congressional appropriations for the new fiscal year.

Deadlines

Sep 15, 2009 As published in the Federal Register Notice, all applications must be submitted through the Regional Director of the BIA region with jurisdiction to the Deputy Bureau Director, Office of Trust Services, Bureau of Indian Affairs, by September 15th for funding consideration the following fiscal year.

Range of Approval/Disapproval Time

There are no set times for approval or disapproval.

Appeals

No appeal process. The Water Programs funds are annual, non-recurring congressional appropriations and any awards made on the basis of the published prioritization process and the availability of funds.

Renewals

Funds are appropriated for use in non-recurring projects/activities on a year-to-year basis and are not intended to provide perennial support for tribal programs.

Assistance Considerations

Formula and Matching Requirements

Statutory formulas are not applicable to this program.

Matching Requirements: Applications are evaluated and scored based on weighted criteria that have a maximum scoring range of 100 points (congressional and court mandates automatically score 100). No matching requirement, however, applications with available matching funds may score higher.

MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

Awards are made on an annual basis and the funds remain available until expended by the contractor or grantee. See the following for information on how assistance is awarded/released: Information not available.

Post Assistance Requirements

Reports

Water program funds awarded to tribes through Public Law 93-638, as amended, are subject to the requirements of the Act and 25 CFR Part 900. Cash reports are not applicable. Progress reports are not applicable. The 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. For awards made under this program, grantees or contractors are responsible for obtaining audits.

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: Annually, approximately 25 to 40 percent of the requests for Water Management, Planning, and Pre-development financial assistance are at least partially funded. 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 $4,996,195; FY 09 est $4,950,000; FY 10 est $5,000,000

Range and Average of Financial Assistance

Range is $10,000 to $200,000.

Regulations, Guidelines and Literature

Notice of Revised Instructions for Preparing and Prioritizing Water Program Funding Requests, Federal Register, Vol. 70, No. 201, Wednesday, October 19, 2005.

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

Division Chielf Bureau of Indian Affairs, Division of Natural Resources, Office of Trust Services, 1849 C Street, NW, MS 4650 MIB, Washington, District of Columbia 20240 Phone: (202)208-3956

Web Site Address

None.

Examples of Funded Projects

Fiscal Year 2008: Projects include hydrologic studies of groundwater supply, groundwater modeling, quantitative and qualitative monitoring and analysis of ground and surface water, acquifer investigations, stream gaging; comprehensive water management plans, etc., and also participation in tribal water rights negotiations/litigation. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Criteria for Selecting Proposals

Water Management, Planning, and Pre-development proposals are evaluated according to the type of proposal (as published in the Federal Register Notice, Vol. 70, No. 201, October 19, 2005): Water Management - Indian Water and Associated Resources; Water Management - Coordination/Cooperation/Consultation/Conservation; Water Management - Other; Water Planning and Pre-development - Indian Water; and Water Planning and Pre-development - Other: In addition, all proposals are evaluated on the basis of: Cost Effectiveness, Compliance with Requesting Guidelines; and Efficiency and Accomplishment. Projects are funded based on rankings of the projects Bureau wide, and in accordance with the national program priorities established for the program. Some preference is given to proposals that offer matching funds. Proposals are evaluated on the capability of the prospective applicant to successfully conduct the project, and on the budget and its effective use.