Colorado Ute Indian Water Rights Settlement Act

 

To supply 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 powerlines. 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 Ute 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.

General information about this opportunity
Last Known Status
Active
Program Number
15.510
Federal Agency/Office
Bureau of Reclamation, Department of The Interior
Type(s) of Assistance Offered
B - Project Grants; C - Direct Payments For Specified Use
Program Accomplishments
Fiscal Year 2017 Information not available. Due to the failure of the Bluff Road (N 367) and damage to the NNMP Pipeline additional funding has been secured for the Bluff Road/ NNMP Pipeline realignment design/build contract. The local Chapter has not provided support for the right-of-way (ROW) for the relocated pipeline. Discussions with the Chapter continue. Construction is delayed pending acquisition of the required ROW. Once construction is complete NNMP will be cleaned, disinfected and placed into service. NNMP is 96 percent complete.
Fiscal Year 2019 Construction of the South Shiprock Tank and Nenahnezad Tank were completed during 2014. All Crossover Connections to existing distribution systems were completed during 2014 with the exception of crossover No.1 which is on-hold. Due to the failure of the Bluff Road (N 367) and damage to the NNMP Pipeline and a lack of funding, the scheduled cleaning and disinfection was not completed in 2014. Contract is currently on-hold (Stop Work Order) awaiting Right-Away (ROW) resolution from the Navajo Nation, and local Community Chapter. Depending on receipt of the ROW resolution the project will restart and be completed. The Contract Completion date is currently December 31, 2019, per Mod #45. NNMP is 96 percent complete.
Authorization
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.
Who is eligible to apply/benefit from this assistance?
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
Not applicable.
What is the process for applying and being award this assistance?
Pre-Application Procedure
Preapplication coordination is required. An environmental impact statement is required for this listing. An environmental impact assessment is required for this listing. 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. This program is excluded from coverage under E.O. 12372.
Application Procedure
2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. 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, and submits aproposal with an estimate for completion of the work. The proposal with cost estimate is evaluated by the Government Technical Team, the Government Cost & 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 location, as appropriate for application deadlines
Approval/Disapproval Decision 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
Not applicable.
Renewals
Not applicable.
How are proposals selected?
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.
How may assistance be used?
The Bureau of Reclamation is specifically authorized to: (1) Construct 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. (3) To supply 4,680 acre-feet per year to the Navajo Nation through a pipeline from Farmington to Shiprock, NM. The design and construction functions of the Bureau of Reclamation with respect to the Dolores and Animas-La Plata 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.
What are the requirements after being awarded this opportunity?
Reporting
Performance Reports: Annually, recipients shall submit an annual program performance report. Upon completion of the agreement, recipients shall submit a final program performance report.
Auditing
Not applicable.
Records
All recipients of Federal awards shall maintain project records in accordance with 2 CFR 200.333 Retention requirements for records. Financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass-through entity in the case of a subrecipient. Federal awarding agencies and pass-through entities must not impose any other record retention requirements upon non-Federal entities, except as noted in 2 CFR 200.333.
Other Assistance Considerations
Formula and Matching Requirements
Statutory formula is not applicable to this assistance listing.

Matching requirements are not applicable to this assistance listing.

MOE requirements are not applicable to this assistance listing.
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. Funds are disbursed by progress payments, based on percentage of completion of estimated quantities of work. Negotiated indirect cost rate agreements for tribes are negotiated on behalf of the National Business Center, Acquisition Services Division.
Who do I contact about this opportunity?
Regional or Local Office
Barry Longwell, blongwell@.usbr.gov, Construction Engineer, FCCO 100, Four Corners Construction Office, 1235 La Plata Hwy, Farmington, NM 87401 Telephone: Office: 505-324-5000, Fax: 505-326-7834
Headquarters Office
Barry Longwell,
FCCO 100, Four Corners Construction Office, 1235 La Plata Hwy
Farmington, NM 87401 US
blongwell@usbr.gov
Phone: (505) 324-5000
Fax: (505) 326-7834
Website Address
http://www.usbr.gov/library/annual_reports/FY2008/MDAPart1.pdf
Financial Information
Account Identification
14-0680-0-3-301
Obligations
(Direct Payments for Specified Use) FY 18$0.00; FY 19 est $0.00; FY 20 Estimate Not Available FY 17$250,000.00; -
Range and Average of Financial Assistance
Range: $4,128,239.07 Average: $1,592,746.36
Regulations, Guidelines and Literature
2 CFR 200 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS and the applicable OMB Circulars. These documents may also be obtained by contacting the Bureau of Reclamation Office listed below.
Examples of Funded Projects
Fiscal Year 2019 Information not available.
Fiscal Year 2018 Information not available.
Fiscal Year 2017 Information not available. Navajo Nation Municipal Pipeline

 



Federal Grants Resources