Arizona Water Settlement Act of 2004

To provide for adjustments to the Central Arizona Project in Arizona, to authorize the Gila River Indian Community water rights settlement, to reauthorize and amend the Southern Arizona Water Rights settlement Act of 1982, for the settlement of water rights to the San Carlos Apache Tribe and for other
purposes.
Related Programs15.541 Colorado River Basin Projects Act of 1968Examples of Funded Projects

Fiscal Year 2017: Title IV AFA are awarded to the Gila River Indian Community allowing it to continue construction of the P-MIP and SCIP projects.

P.L.

93-638 contracts are awarded to the San Xavier and Schuk Districts of the Tohono O?odham Nation for settlement implementation activities, Direct Payments are made to the State of NM pursuant to the statute and monthly invoices for payment of fixed OM&R for the delivery of CAP water to Arizona Tribes are also paid.

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.

Phoenix Area Office: Leslie Meyers, Area Manager, Bureau of Reclamation, Address: 6150 W.

Thunderbird Rd., Glendale, AZ 85306-4001, Telephone: (623) 773-6200.



Program Accomplishments

Fiscal Year 2017: In 2017, the Gila River Indian Community continued its work on the SCIP/PMIP construction; the San Carlos Irrigation and Drainage District completed design activities and environmental compliance for Phase 2 and initiated construction; the Tohono O?odam Nation continues implementation of AWSA-authorized farm extension (San Xavier District); and Shuk Toak water management/groundwater inventory studies. Annual Funding was provided to the State of NM for the NM Unit pursuant to the statute. Funds were also expended to pay fixed OM&R costs for delivery of CAP water to Arizona Indian Tribes pursuant to the statute and on work in support of the U.S. firming obligation pursuant to the statute. Fiscal Year 2018: Information not available. Fiscal Year 2019: Information not available.

Uses and Use Restrictions

Title I, ?Central Arizona Project Settlement? ? With respect to: (1) the water provided by the Central Arizona Project to Maricopa, Pinal, and Pima Counties in the State of Arizona, is vital to citizens of the State; and (2) an agreement on the allocation of Central Arizona Project water among interested persons, including Federal and State interests, would provide important benefits to the Federal Government, the State of Arizona, Arizona Indian Tribes, and the citizens of the State. In accordance with the CAP repayment contract, the Central Arizona Project may be used to transport non-project water for: (1) domestic, municipal, fish and wildlife, and industrial purposes; and (2) any purpose authorized under the Colorado River Basin Project Act (43 U.S.C.

1501 et seq.). Title I, Section 104, Authorization of Appropriation: Authorized to be appropriated such sums as are necessary to comply with? (1) the 1994 biological opinion, including any funding transfers required by the opinion; (2) the 1996 biological opinion, including any funding transfers required by the opinion; and (3) any final biological opinion resulting from the 1999 biological opinion, including any funding transfers required by the opinion. Title II, ?Gila River Indian Community Water Rights Settlement? - - The purposes of this title is: (1) to resolve permanently certain damage claims and all water rights claims among the United States on behalf of the Community, its members, allottees, and the Community and its neighbors; (2) to authorize, ratify, and confirm the Gila River agreement; (3) to authorize and direct the Secretary to execute and perform all obligations of the Secretary under the Gila River agreement; (4) to authorize the actions and appropriations necessary for the United States to meet obligations of the United States under the Gila River agreement and this title; and (5) to authorize and direct the Secretary to execute the New Mexico Consumptive Use and Forbearance Agreement to allow the Secretary to exercise the rights authorized by subsections (d) and (f) of section 304 of the Colorado River Basin Project Act (43 U.S.C.

1524). Title III, ?Southern Arizona Water Rights Settlement? -- ??The purposes of this title are: ??(1) to authorize, ratify, and confirm the agreements referred to in section 309(h); ??(2) to authorize and direct the Secretary to execute and perform all obligations of the Secretary under those agreements; and ??(3) to authorize the actions and appropriations necessary for the United States to meet obligations of the United States, under those agreements and this title. Title IV, San Carlos Apache Tribes Water Rights Settlement - - With respect to the : None of the provisions of title I, II, or III or the agreements, attachments, exhibits, or stipulations referenced in those titles shall be construed to? (1) amend, alter, or limit the authority of? (A) the United States to assert any claim against any party, including any claim for water rights, injury to water rights, or injury to water quality in its capacity as trustee for the San Carlos Apache Tribe, its members and allottees, or in any other capacity on behalf of the San Carlos Apache Tribe, its members, and allottees, in any judicial, administrative, or legislative proceeding; or (B) the San Carlos Apache Tribe to assert any claim against any party, including any claim for water rights, injury to water rights, or injury to water quality in its own behalf or on behalf of its members and allottees in any judicial, administrative, or legislative proceeding consistent with title XXXVII of Public Law 102?575 (106 Stat.

4600, 4740); or (2) amend or alter the CAP Contract for the San Carlos Apache Tribe dated December 11, 1980, as amended April 29, 1999.

Eligibility Requirements

Applicant Eligibility

Must be authorized to receive funds by Congress in the statute.

Beneficiary Eligibility

Authorized beneficiaries are identified in the statute and include the state of Arizona, state of New Mexico, various irrigation and water districts, local entities and municipalities and Tribal Governments.

Credentials/Documentation

None. For Public Law 93-638 Contracts, Grants or Agreements Only ? (1) Each ?638 contract, grant, or cooperative agreement requires project specific authority; (2) Detailed written technical proposals including background data regarding the tribal client, technical approaches proposed to accomplish the work, scopes of work that separate the work into major tasks, type of personnel to implement 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 contributions of goods and services; and (4) The awarded ?638 contract, grant or cooperative agreement must contain an authorization resolution from a federally recognized Tribe or Tribal Organization. 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.

12372.

Application Procedures

2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. For Public Law 93-638 Contracts, Grants, and Agreements Only ? Initial proposals must contain the information specified in 25 CFR Part 900. Proposals shall be submitted to the applicable Reclamation office with the responsibility for the specific project for which a federally recognized Tribe or Tribal Organization with responsibility.

Award Procedures

Awards are identified by the statute and supporting documents and are distributed either by direct payment, contracts approved as exhibits to the statute or pursuant to P.L. 93-638 contracts for Tribes. For Public Law 93-638 Contracts, Grants, and Agreements Only ? Reclamation and the federally recognized Tribe or Tribal Organization 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/Tribal Organization also negotiate an annual funding agreement (AFA), which identifies activities to be performed, funds to be provided, and the method of payment of the initial year of the contract. A final contract agreement is prepared based upon the outcome of negotiations; attachments include the work plan, budget, tribal resolution, initial ADA, property listing, project schedule, and list of any other applicable provisions, terms and conditions.

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Authorization

Arizona Water Settlement Act of December 10, 2004, Public Law 108-451.

Range of Approval/Disapproval Time

Contingent upon the type and complexity of authorized units under the Act. Further information will be available each specific authorized activity under the Act 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 on the funding announcement.

Appeals

None. Final award decisions are not subject to appeal; however, upon request, the Bureau of Reclamation will provide applicants with information on why their proposals were not selected for award.

Renewals

If renewals or extensions are applicable to the project, this information will be included in the funding opportunity announcement. When renewals or extensions are applicable, continuation of funding for these activities is at the discretion of Congress and will be subject to availability of appropriated funds.

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 and time phasing of assistance will be included in award issued under this program. See the following for information on how assistance is awarded/released: Payment terms vary by agreement awarded under this program.

Post Assistance Requirements

Reports

Unless otherwise stated in the agreement document, recipients shall submit the following reports on an annual basis: (1) SF-425, Federal Financial Report; and (2) Program Performance Reports.

Upon completion of the agreement, recipients shall submit a final: (1) SF-425, Federal Financial Report; and (2) Program Performance Report; and (3) other specific reports that may be applicable to the agreement such as property inventories, and patent and invention disclosures. For Public Law 93-638 Contracts, Grants, and Agreements Only ? Reporting (financial status reports and progress reports) requirements will be negotiated and contained within the AFA or the overarching terms and conditions.

Cash reports are not applicable.

Progress reports are not applicable.

Unless otherwise stated in the agreement document, recipients shall submit on an annual basis the SF 425, Federal Financial Report.

Upon completion of the agreement, recipients shall submit a final SF 425, Federal Financial Report.

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. For Public Law 93-638 Contracts, Grants, and Agreements Only ? Indian Tribal governments and organizations shall maintain project records in accordance with 43 CFDA 12.83; Public Law 93-638, and 25 CFR Part 900.

Financial Information

Account Identification

14-4079-0-3-301.

Obigations

(Project Grants (Cooperative Agreements or Contracts)) FY 17 $0; FY 18 est $0; and FY 19 est $0

Range and Average of Financial Assistance

Range: $25,000,000 to $100,000,000 Average: $69,300,000.

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. For Public Law 93-638 Contracts, Grants, and Agreements Only ? 25 USC 40 (Public Law 93-638, 25 CFR Part 900.

Information Contacts

Regional or Local Office

See Regional Agency Offices. Phoenix Area Office: Leslie Meyers, Area Manager, Bureau of Reclamation, Address: 6150 W. Thunderbird Rd., Glendale, AZ 85306-4001, Telephone: (623) 773-6200.

Headquarters Office

Carol Lynn Erwin, Bureau of Reclamation, Phoenix Area Office, 6150 W. Thunderbird Road, Glendale, Arizona 85306-4001 Phone: (623) 773-6200.

Criteria for Selecting Proposals

Awards are identified by the statute and supporting documents and are distributed either by direct payment, contracts approved as exhibits to the statute or pursuant to P.L. 93-638 contracts for Tribes. For Public Law 93-638 Contracts, Grants, and Agreements Only ? Federally recognized Tribes and Tribal organizations must meet the requirements of Public Law 93-638; 25 CFR Part 900 and any additional criteria specific to the authorizing legislation.



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