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.
Examples of Funded Projects

Fiscal Year 2016: Funded projects include various features of a project designed to deliver and distribute water for irrigation.

Fiscal Year 2017: Information not available.

Fiscal Year 2018: 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.

Selected Recipients for this Program

RecipientAmount Start DateEnd Date
Tesuque Pueblo Administration $ 25,000   2013-09-202015-12-31
Pueblo Of Pojoaque $ 16,116   2013-09-172015-12-31
Nambe Pueblo Governor's Office $ 25,000   2013-08-152015-09-30
Pueblo De San Ildefonso $ 30,000   2012-09-182015-09-30
Santo Domingo Pueblo $ 54,019   2011-08-182015-09-30
White Mountain Apache Tribe-$ 7,750,000   2011-09-302014-09-30
Walker River Paiute Tribe $ 500,000   2008-08-062011-12-31
Blackfeet Nation $ 52,500   2009-06-152010-12-31
$ 0   
$ 0   

Program Accomplishments

Fiscal Year 2016: 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 2017: Information not available. Fiscal Year 2018: Information not available.

Uses and Use Restrictions

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.

Eligibility Requirements

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. 2 CFR 200, Subpart E - Cost Principles applies to this program.

Aplication and Award Process

Preapplication Coordination

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.


Application Procedures

2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. 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 Procedures

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 include 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.


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).

Range of Approval/Disapproval Time

As specified for the project.


Not Applicable.


Will vary with project or award.

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.

Post Assistance Requirements


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 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.


Indian Tribal governments and organizations shall maintain project records in accordance with Public Law 93-638 and 25 CFR Part 900.

Financial Information

Account Identification



(Cooperative Agreements (Discretionary Grants)) FY 16 $0; FY 17 est $0; and FY 18 est $0

Range and Average of Financial Assistance

Range is $0 to $0; Average $0.

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.

Information Contacts

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.

Criteria for Selecting Proposals

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.

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