Miscellaneous Public Law 93-638 Contracts, Grants, and Cooperative Agreements


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 status as Indians.

For ARRA funded projects and in addition to the program objectives above, the section 3 of the ARRA 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.
(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.

General information about this opportunity
Last Known Status
Deleted 04/02/2020 (Archived.)
Program Number
Federal Agency/Office
Agency: Department of the Interior
Office: Bureau of Reclamation
Type(s) of Assistance Offered
Cooperative Agreements (Discretionary Grants); Direct Payments for Specified Use (Cooperative Agreements)
Program Accomplishments
Fiscal Year 2013: Recent projects have provided financial assistance to several tribes to improve water resource use and protection through studies, investigations, assessments, and selected improvements for water conservation. Fiscal Year 2014: Information not available. Fiscal Year 2015: Information not available.
Indian Self-Determination and Education Assistance Act, Public Law 93-638, Title I, 25 U.S.C. 450 est. seq., as amended; and statutory authorities that authorize each specific project. Assistance Act; American Recovery and Reinvestment Act of 2009 (ARRA) (P.L. 111-5).
Who is eligible to apply/benefit from this assistance?
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.
(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.
What is the process for applying and being award this assistance?
Pre-Application Procedure
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. 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.
Contact the headquarters or regional office, as appropriate, for application deadlines.
Approval/Disapproval Decision Time
As specified for the project.
Not Applicable.
Will vary with project or award.
How are proposals selected?
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.
How may assistance be used?
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. For further information, please contact regional office.
What are the requirements after being awarded this opportunity?
Unless otherwise stated in the agreement document, tribal organizations shall submit the following reports as negotiated within the contract agreement: Program Performance Report and other specific reports that may be applicable to the contract agreement such as property inventories. Cash reports are not applicable. Progress reports are not applicable. The Federal Financial Report SF 425 is required. The reporting of financial status report requirements will be negotiated within the AFA or overarching terms and conditions. Performance monitoring is not applicable.
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.
Indian Tribal governments and organizations shall maintain project records in accordance with Public Law 93-638 and 25 CFR Part 900.
Other 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: Payment terms vary by agreement awarded under this program.
Who do I contact about this opportunity?
Regional or Local Office
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.
Website Address
Financial Information
Account Identification
(Cooperative Agreements (Discretionary Grants)) FY 13 $226,404; FY 14 est $200,000; and FY 15 est $200,000
Range and Average of Financial Assistance
Range is $5,000 to $74,000,000; Average $208,801.
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.
Examples of Funded Projects
Fiscal Year 2013: Funded projects include various features of a project designed to deliver and distribute water for irrigation. Fiscal Year 2014: Information not available. Fiscal Year 2015: Information not available.


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