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.
Examples of Funded Projects

Fiscal Year 2017: Navajo Nation Municipal Pipeline.

Fiscal Year 2018: Information not available.

Fiscal Year 2019: Information not available.


Agency - Department of the Interior

The Department of the Interior protects and provides access to the Nation's natural and cultural heritage, including responsibilities to Indian tribes and island communities. Departmental goals include resource protection and usage, overseeing recreational opportunities, serving communities and excellence in management.

Office - See Regional Agency Offices.

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: 505-326-4388.



Selected Recipients for this Program


RecipientAmount Start DateEnd Date
Navajo Engineering & Construction Authority $ 4,865,485   2009-09-302021-12-31
Ute Mountain Ute Tribe $ 8,500,170   2004-08-092021-05-10
Navajo Engineering & Construction Authority $ 35,229   2008-10-012012-08-31
$ 0   
$ 0   
$ 0   
$ 0   
$ 0   
$ 0   
$ 0   



Program Accomplishments

Fiscal Year 2017: 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 2018: Information not available. Fiscal Year 2019: Information not available.

Uses and Use Restrictions

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.

Eligibility Requirements

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

No Credentials or documentation are required. This program is excluded from coverage under 2 CFR 200, Subpart E - Cost Principles.

Aplication 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 Procedures

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 Procedures

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 office, as appropriate, for application deadlines.

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.

Range of Approval/Disapproval 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

Final award decisions are subject to appeal; however, the Bureau of Reclamation will provide all applicants with information on why their proposals were not selected for award.

Renewals

Not Applicable.

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

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. See the following for information on how assistance is awarded/released: 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.

Post Assistance Requirements

Reports

Annually, recipients shall submit an annual program performance report.

Upon completion of the agreement, recipients shall submit a final program performance report, and other specific reports that may be applicable to the agreement such as property inventories, and patent and invention disclosures.

Cash reports are not applicable.

Progress reports are not applicable.

The Federal Financial Report, SF 425 is required and a final SF 425 is required upon on the completion of the agreement.

Performance monitoring is not applicable.

Audits

In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503.

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.

Financial Information

Account Identification

14-0680-0-3-301.

Obigations

(Direct Payments for Specified Use) FY 17 $250,000; FY 18 est $0; and FY 19 est $0

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.

Information Contacts

Regional or Local Office

See Regional Agency Offices. 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: 505-326-4388.

Headquarters Office

Barry Longwell, FCCO 100, Four Corners Construction Office, 1235 La Plata Hwy, Farmington, New Mexico 87401 Email: blongwell@usbr.gov Phone: (505) 324-5000 Fax: (505) 326-4388.

Criteria for Selecting Proposals

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.


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