AERP_NOFO_03.13.2023_508.pdf

U.S. Department of the Interior March 2023

Notice of Funding Opportunity No. R23AS00106

WaterSMART Aquatic Ecosystem Restoration Projects For Fiscal Year 2023

Mission Statements

The U.S. Department of the Interior protects and manages the Nation’s natural resources and cultural heritage; provides scientific and other information about those resources; and honors its trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated Island Communities.

The mission of the Bureau of Reclamation is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public.

Cover Photo - Laguna Reach of the Colorado River, Yuma, AZ. (Reclamation/Alex Stephens)

Synopsis Federal Agency Name: Department of the Interior, Bureau of Reclamation, Water Resources and

Planning Office Funding Opportunity Title: WaterSMART Aquatic Ecosystem Restoration Projects for Fiscal Year (FY) 2023

Announcement Type: Notice of Funding Opportunity (NOFO) Funding Opportunity Number: No. R23AS00106 Catalog of Federal Domestic Assistance (CFDA) Number:

15.507

Dates:

(See NOFO Sec. D.4)

Application due date:

Thursday, June 1, 2023, 4:00 p.m. Mountain Daylight Saving Time

Eligible Applicants:

(See NOFO Sec. C.1)

Applicants eligible to receive financial assistance to fund activities under this NOFO include:

Applicants eligible to receive an award under this funding opportunity include:

Category A Applicants:

States, Tribes, irrigation districts, or water districts;

State, regional, or local authorities, the members of which include one or more organizations with water or power delivery authority;

Agencies established under State law for the joint exercise of powers;

Other entities or organizations that own a dam that is eligible for upgrade, modification, or removal.

All Category A applicants must be located in a Reclamation State. The Reclamation States are defined as the following 17 States and 5 Territories:

Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming, American Samoa, Guam, the Northern Mariana Islands, or the U.S. Virgin Islands

Category B Applicants:

Nonprofit conservation organizations that are acting in partnership with, and with the agreement of an entity described in Category A, with respect to a project involving land or infrastructure owned by the Category A entity. All Category B applicants must be located in the United States, or the specific Territories identified above.

Recipient Cost-Share:

(See NOFO Sec. C.2)

A non-Federal cost-share of at least 35% is required

Federal Funding Amount:

(See NOFO Sec. B.1)

Task A: $500,000-$2,000,000 per project Task B: $3,000,000-$20,000,000 per project

Estimated Number of Agreements to be Awarded:

(See NOFO Sec. B.1)

Approximately $30,000,000 is available under this program.

Approximately 5 to 10 projects per application submittal period will be funded, contingent on appropriations. Additional projects may be funded under this NOFO if additional funding becomes available in FY 2023 or subsequently.

Intergovernmental Review:

(See NOFO Sec. D.5)

An intergovernmental review may be required for applications submissions from a U.S. state or local government prior to submission. Applicants must contact their State’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372.

https://www.archives.gov/federal-register/codification/executive-order/12372.html)

Application Checklist The following table contains a summary of the information that you are required to submit with your application.

Mandatory Application Components: Required content Page

Mandatory Federal forms:

• SF-424: Application for Federal Assistance (Office of Management and Budget

(OMB)

• SF-424A: Budget Information - Non-Construction Programs (OMB) OR SF-424C:

Budget Information - Construction Programs (OMB)

• SF-424B: Assurances - Non-Construction Programs (OMB) OR SF-424D:

Assurances - Construction Programs (OMB)

Unique Entity Identifier (UEI) and System for Award Management (SAM) registration 31

Technical Proposal (Use Project Narrative Attachment Form to upload in Grants.gov) 22

Budget Narrative (Use Budget Narrative Attachment Form to upload in Grants.gov) 26

Recommended Application Components: Required content Page

Environmental and cultural resources compliance 55

Required permits or approvals 27

Overlap or duplication of effort statement 27

Conflict of interest disclosure statement 27

Uniform audit reporting statement 28

SF-LLL: Disclosure of Lobbying Activities (required, if applicable) (OMB) 29

Letters of Support 29

Letter of partnership (Category B Applicants) 29 Official Resolution 29

Letter of Funding Commitment 29

Documents Authorizing the Study, Design, or Construction of a Dam Removal Project 30

Acronyms and Abbreviations ASAP Automated Standard Application for Payments ARC Application Review Committee CE Categorical Exclusion CEC Categorical Exclusion Checklist CFDA Catalog of Federal Domestic Assistance CFR Code of Federal Regulations CWA Clean Water Act CWMP Cooperative Watershed Management Program Department U.S. Department of the Interior (also DOI) EA Environmental Assessment EIN Employer Identification Number EIS Environmental Impact Statement E.O. Executive Order ESA Endangered Species Act FAIN Federal Award Identification Number FAPIIS Federal Award Performance Integrity Information System FGDC Federal Geospatial Data Committee FOIA Freedom of Information Act FONSI Finding of No Significant Impact FY fiscal year IBC Interior Business Center GIS Geographic Information System IBC Interior Business Center MST Mountain Standard Time NAICS North American Industry Classification System NEPA National Environmental Policy Act NHPA National Historic Preservation Act NOAA National Oceanic and Atmospheric Administration NOFO Notice of Funding Opportunity NRCS Natural Resources Conservation Service OMB Office of Management and Budget P.L. Public Law PSC Product Service Code Reclamation Bureau of Reclamation SAM System for Award Management SF Standard Form SPOC Single Point of Contact UEI Unique Entity Identifier U.S.C. United States Code USACE United States Army Corp of Engineers USDA United States Department of Agriculture USFWS United States Fish and Wildlife Service West Western United States i

Contents Page

Section A. Funding Opportunity Description A.1. Authority

A.2. Background and Program Requirements A.3. Notice of Funding Opportunity Purpose and Objectives

A.4. Program Determinations

A.5. Other Related Funding Opportunities

Section B. Award Information B.1. Total Funding

B.2. Expected Award Amount

B.3. Expected Award Funding and Anticipated Dates B.4. Number of Awards

B.5. Type of Award

B.6. Technical Assistance

Section C. Eligibility Information C.1. Eligible Applicants

C.2. Cost Sharing or Matching

C.3. Other C.4. Eligible Projects

C.5. Ineligible Projects

Section D. Application and Submission Information D.1. Address to Request Application Package

D.2. Content and Form of Application Submission

D.3. Unique Entity Identifier (UEI) and System for Award Management (SAM) D.4. Submission Date and Time

D.5. Intergovernmental Review

D.6. Funding Restrictions

Section E. Application Review Information E.1. Criteria

E.2. Review and Selection Process

E.3. Federal Award Performance Integrity Information System

E.4. Anticipated Announcement and Federal Award Dates ii

Section F. Federal Award Administration Information F.1. Federal Award Notices

F.2. Administrative and National Policy Requirements

F.3. Reporting Requirements and Distribution F.4. Disclosures

F.5. Data Availability (2 CFR §1402.315)

F.6. Freedom of Information Act

Section G. Federal Awarding Agency Contact(s) G.1. Reclamation Financial Assistance Contact

G.2. Reclamation Program Coordinator Contact

Section H. Other Information H.1. Environmental and Cultural Resource Considerations

H.2. Endangered Species Act

Attachment A: Design Level Guidance

Section A. Funding Opportunity Description

A.1. Authority This Notice of Funding Opportunity (NOFO) is issued under the authority of Section 1109 of Division FF of Public Law (P.L.) 116-260 (33 United States Code [U.S.C.] 2330c), the Consolidated Appropriations Act 2021 and Section 9504(a) of the Secure Water Act, Subtitle F of Title IX of the Omnibus Public Land Management Act of 2009, P.L. 111-11 (42 U.S.C.

10364).

A.2. Background and Program Requirements The U.S. Department of the Interior’s (Department) Aquatic Ecosystem Restoration Projects (AERP) NOFO provides a framework for Federal leadership and assistance to restore and protect aquatic ecosystems in support of the Department’s priorities. Through AERP, the Bureau of Reclamation (Reclamation) leverages Federal and non-Federal funding to work cooperatively with states, Tribes, and other entities as they study, design and construct aquatic ecosystem restoration projects that are collaboratively developed, have widespread regional benefits, and result in the improvement of the health of fisheries, wildlife, and aquatic habitat through restoration and improved fish passage.

Restoring and protecting aquatic ecosystems offers wide-ranging benefits for people and wildlife. Functioning aquatic ecosystems provide habitat for fish and wildlife, improve water quality, and store excess carbon, mitigate the impacts of drought and flood events, and support multiple water uses.

The Bureau of Reclamation’s Aquatic Ecosystem Restoration Projects funding opportunity provides support for priorities identified in Presidential Executive Order (E.O.) 14008: Tackling the Climate Crisis at Home and Abroad and is aligned with other priorities, such as those identified in E.O. 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. Aquatic Ecosystem Restoration Projects also support the goals of the Interagency Drought Relief Working Group established in March 2021 and the National Drought Resilience Partnership.

A.3. Notice of Funding Opportunity Purpose and Objectives The objective of the AERP NOFO is to invite eligible applicants (Section C.1. Eligible Applicants) to leverage their money and resources by cost sharing with Reclamation on the study, design and construction of aquatic ecosystem restoration projects that are collaboratively developed, have widespread regional benefits, and are for the purpose of improving of the health of fisheries, wildlife, and aquatic habitat through restoration and improved fish passage. As used here, “aquatic ecosystem” refers to freshwater and brackish water habitats such as lakes, ponds, rivers, streams, wetlands, swamps, and estuaries and the adjacent floodplains, riparian corridors, deltas, and shallow aquifers that interact with surface water. Projects that affect water resources management in two or more river basins, provide regional benefits not limited to fisheries restoration, and that are a component of a larger strategy to replace aging facilities are prioritized under this program. This NOFO provides funding under two task areas, including Task A: Study and Design and Task B: Construction projects. For the purpose of this funding opportunity, “proposed project” refers to either a proposed Task A: Study and Design project or a proposed Task B: Construction project.

A.4. Program Determinations Prior to construction of a Task B: Aquatic Ecosystem Restoration Project, Reclamation will make the determination that a project:

• Will not result in unmitigated adverse impact to water or power delivery obligations

• Will not result in an unmitigated adverse impact on the environment

• Is consistent with the Secretary of the Interior’s role as a trustee for federally recognized Indian Tribes

• Is in compliance with applicable International and Tribal treaties, agreements, and Interstate compacts

• Is in the financial interest of the United States based on a determination that the project advances Federal objectives including environmental enhancement objectives in a Reclamation State.

Reclamation will make these determinations based on the Application Review Committee’s (See Section E.2.3.) evaluation of the applicant’s proposal, red-flag review by appropriate Reclamation offices (e.g., Native American Affairs, Law and Administration, Policy and Administration – Environmental Compliance Division) and completion of mandatory environmental compliance measures.

A.5. Other Related Funding Opportunities WaterSMART Environmental Water Resources Projects. Reclamation provides up to $3 million in cost-share funding for projects that focus on environmental benefits developed as part of a collaborative process to help carry out an established strategy to increase the reliability of water resources. Project types may include efforts such as water conservation and efficiency projects that result in quantifiable and sustained water savings and benefit ecological values;

water management or infrastructure improvements to mitigate drought-related impacts to ecological values; and watershed management or restoration projects benefitting ecological values that have a nexus to water resources or water resources management. The Federal share of the cost of an infrastructure improvement or activity may be up to 75 percent of the total project cost if certain conditions are met.

Section A. Funding Opportunity Description

WaterSMART Cooperative Watershed Management Program (CWMP). Reclamation provides up to $200,000 in funding to watershed groups to encourage diverse stakeholders to form local solutions to address their watershed management needs. Reclamation provides funding through Phase I of the CWMP for watershed group development, restoration planning, and watershed management project design. There is no non-Federal cost share required.

Planning and Project Design Grants. Reclamation provides up to $400,000 in cost-share funding for collaborative planning and design projects to support water management improvements. This includes funding for comprehensive Drought Contingency Plans; Water Strategy Grants to investigate and develop activities and projects supporting water marketing, water conservation, drought resilience, and ecological values; and Project Design Grants to conduct project-specific design for projects supporting water conservation, drought resilience, and ecological values. The Federal cost share of a project may be up to 50 or 75 percent depending on the project type.

Native American Affairs Technical Assistance Program (TAP). Reclamation’s Native American Affairs TAP provides technical assistance to assist Indian Tribes to develop, manage, and protect their water and related resources. Cost sharing is not required and technical assistance requests must satisfy “Program Criteria”. Proposals are solicited via notices of funding opportunity, and successful proposals approved for funding can be found on Reclamation’s website at the address below.

For information on the funding opportunities listed above, visit the WaterSMART Program website at www.usbr.gov/waterSMART, or the Native American Affairs Program Technical Assistance Program website at www.usbr.gov/native/programs/TAPprogram.html.

http://www.usbr.gov/waterSMART/ http://www.usbr.gov/native/programs/TAPprogram.html

Section B. Award Information

B.1. Total Funding This NOFO will allocate $30 million in available funding under the Bipartisan Infrastructure Law (BIL), P.L. 117-58 in FY 2023 and 9504(a) of the SECURE Water Act, P.L. 111-11. Funds made available for infrastructure projects are subject to the Buy America Act. Please see Section F.2.9: Application of Buy American Preference and Section F.2.10: Additional BIL Requirements for additional information regarding the Buy America preference as well as Wage Rate Requirements (Davis Bacon Act).

Any awards are subject to a determination by Reclamation that FY 2023 appropriations and/or FY 2023 BIL funds are available. Additional projects may be funded under this NOFO if additional funding becomes available in FY 2023 or subsequently.

B.2. Expected Award Amount

• Task A: Study and Design Projects Maximum Award: $2,000,000 Minimum Award: $500,000

• Task B: Construction Projects Maximum Award: $20,000,000 Minimum Award: $3,000,000

Note: The maximum and minimum funding amounts for projects under this NOFO are based on the amount of funding anticipated to be needed for projects providing regional benefits. For funding opportunities for similar projects with lower minimum award amounts, please see Section A.4. Other Related Funding Opportunities.

Multiple applications for funding may be submitted for consideration under this funding opportunity, provided that the project scopes are not duplicative. See Section C.3.1 Multiple Applications for more information.

B.3. Expected Award Funding and Anticipated Dates Reclamation expects to contact potential award recipients and unsuccessful applicants in late Summer 2023 (or later if necessary), subject to the timing of final FY 2023 appropriations.

Anticipated Award Date: January 2, 2024

Anticipated Project Completion Date:

Task A: Study and Design Projects: December 31, 2026

Task B: Construction Projects: December 31, 2028

B.4. Number of Awards Approximately 5 to 10 awards, depending on the amount requested by each applicant and the amount of Federal funding available will be awarded under this NOFO. More awards may be made if additional funding becomes available.

B.5. Type of Award Project awards will be made through grants or cooperative agreements as applicable to each project. If a cooperative agreement is awarded, the recipient should expect Reclamation to have substantial involvement in the project. Substantial involvement may include but is not limited to:

• Collaboration and participation with the recipient in the management of the project and close oversight of the recipient’s activities to ensure that the program objectives are being achieved.

• Oversight may include review, input, and approval at key interim stages of the project.

B.6. Technical Assistance By request, Reclamation can provide technical assistance after award of the project. If you plan to receive Reclamation’s assistance, you must account for these costs in your budget. Technical assistance should be discussed and vetted with appropriate regional Reclamation staff prior to applying, and this communication should be noted in your application. To discuss available assistance and associated costs, contact the program coordinator identified in Section G. Agency Contacts.

Examples of technical assistance provided by Reclamation may include but are not limited to project management, permitting, and geotechnical studies.

Section C. Eligibility Information

C.1. Eligible Applicants Applicants eligible to receive an award under this funding opportunity are described below.

C.1.1. Category A Applicants

• States, Tribes, irrigation districts, or water districts;

• State, regional, or local authorities, the members of which include one or more organizations with water or power delivery authority;

• Agencies established under State law for the joint exercise of powers;

• Other entities or organizations that own a dam that is eligible for upgrade, modification, or removal.

All applicants must be located in the Western United States or Territories as identified in the Reclamation Act of June 17, 1902, as amended and supplemented; specifically: Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming, American Samoa, Guam, the Northern Mariana Islands, the U.S. Virgin Islands.

C.1.2. Category B Applicants:

Nonprofit conservation organizations that are acting in partnership with, and with the agreement of an entity described in Category A, with respect to a project involving land or infrastructure owned by the Category A entity. All Category B applicants must be located in the United States, or the specific Territories identified above.

Category B applicants should include with their application a letter from the Category A partner stating that the Category A partner:

• Is acting in partnership with the applicant;

• Agrees to the submittal and content of the application; and

• Intends to participate in the project in some way, for example, by providing input, feedback, or other support for the project.

Note: Partners do not necessarily need to contribute cost share funding.

C.1.3. Ineligible Applicants

Those not eligible include, but are not limited to, the following entities:

• Federal Governmental entities

• Individuals

• Institutes of higher education

C.2. Cost Sharing or Matching Applicants must be capable of cost sharing 35 percent (35%) or more of the total project costs.

Note: this cost-sharing requirement is not applicable to American Samoa, Guam, the Northern Mariana Islands, or the Virgin Islands. The total project cost is defined as the total allowable costs incurred under a Federal award and all required cost share and voluntary committed cost share contributions, including third-party contributions.

Cost share may be made through cash, costs contributed by the applicant, or third-party in-kind contributions. Third-party in-kind contributions include the value of non-cash contributions of property or services that benefit the federally assisted project and are contributed by non-Federal third parties, without charge. Cost-share funding from sources outside the applicant’s organization (e.g., loans or state grants) should be secured and available to the applicant prior to award. Please see Section D.2.3.13 Official Resolution and Section D.2.2.14 Letters of Commitment for more information regarding the documentation required to verify commitments to meet cost sharing requirements.

Other sources of Federal funding may not be counted towards the required cost share. The exception to this requirement is where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs, such as awards to tribal organizations under P.L. 93-638, as amended. If it is determined that the Federal funding cannot be applied towards the non-Federal cost share, the work associated with the funding may be removed from the proposed project.

C.2.1. Cost Share Regulations

All cost-share contributions must meet the applicable administrative and cost principles criteria established in 2 Code of Federal Regulations (CFR) Part 200, available at www.ecfr.gov.

C.2.2. Third-Party In-Kind Contributions

Third-party in-kind contributions may be in the form of equipment, supplies, and other expendable property, as well as the value of services directly benefiting and specifically http://www.ecfr.gov/

Section C: Eligibility Requirements identifiable to the proposed project. Applicants may not include as part of their cost-share for projects funded under this NOFO the cost or value of third-party in-kind contributions that have been or will be relied on to satisfy a cost-sharing or matching requirement for another Federal financial assistance agreement, a Federal procurement contract, or any other award of Federal funds. Applicants should refer to 2 CFR §200.434 Contributions and donations for regulations regarding the valuation of third-party in-kind contributions.

C.3. Other

C.3.1. Multiple Applications

Multiple applications for funding may be submitted for consideration under this funding opportunity, provided that the project scopes are not duplicative. Category B applicants may receive a maximum of up to 3 awards provided that the Category A partner entity for each project is different. In general, if you are seeking funding for multiple project components, and the components are interrelated or closely related (e.g., a project to restore and enhance flood plains and a project to remove a barrier to fish passage that are physically and geographically linked), you should combine these in one application. However, if the projects are only loosely related, you should submit them as separate applications.

C.3.2. Excluded Parties

Reclamation conducts a review of the SAM.gov Exclusions database for all applicant entities and their key project personnel prior to award and ineligibility condition apply to this Federal program. If entities or key project personnel are identified in the SAM.gov Exclusions database as ineligible, prohibited/restricted or otherwise excluded from receiving Federal contracts, certain subcontracts, and certain Federal assistance and benefits, Reclamation cannot award funds to them.

C.4. Eligible Projects In general, to be eligible under this funding opportunity, an aquatic ecosystem restoration Task A: Study and Design, or Task B: Construction project must be for the purpose of improving the health of fisheries, wildlife and/or aquatic habitat, including through habitat restoration and/or improved fish passage via the removal or bypass of barriers. The specific tasks eligible for funding are described in more detail below, in C.5.1. Task A: Study and Design of Aquatic Ecosystem Restoration Projects and C.5.2. Construction of Aquatic Ecosystem Restoration Projects.

Proposed projects will be reviewed by the Program Office to determine whether the application is eligible for evaluation.

https://sam.gov/content/exclusions https://sam.gov/content/exclusions

C.4.1. Task A: Study and Design

Projects eligible for funding under Task A include study and design activities to develop an aquatic ecosystem restoration project, resulting in the development of a study and design package that can be used to apply for funding under Task B of this NOFO. It is recommended that applicants review the types of construction projects eligible under Section C.4.2. Task B: to inform the development of their Task A: Study and Design proposal.

The intent of Task A is to support the development of study and design products that will prepare the applicant to apply for Task B Construction funding. To be eligible for Task B: Construction, applicants must have conducted study and design activities resulting in a design package at a 60% design level. A 60% design package should include technical study and design documentation supporting the preferred alternative in sufficient detail to be able to obtain the necessary permits and estimate funding required for project implementation. See Attachment A:

Design Level Guidance, for more information on 60% design.

Prior to applying for Task A: Study and Design funding, it is expected that applicants will have already performed some general planning work and preliminary studies (e.g., a watershed restoration plan, planning on a river/stream-reach scale, or other planning effort) that led to the identification of a restoration concept and prioritization of their specific restoration project(s), and that included some stakeholder involvement.

C.4.1.1. Eligible Study and Design Activities Activities that are eligible under Task A: Study and Design may include, but are not limited to, the following: These activities are intended to support study and design activities resulting in a 60% design package.

• Project Outreach. Tasks may include, but are not limited to:

o Stakeholder outreach activities directly linked to the study and design activities, such as public meetings and incorporating input from diverse area stakeholders including but not limited to e.g., municipal, agricultural, or recreational interest groups, environmental non-profits, landowners, Tribes, and state and local water management entities.

o Documenting and sharing project goals and objectives.

• Restoration Project Design Alternatives Analysis. Tasks may include, but are not limited to:

o Comparing design alternatives and creation of a decision matrix o Conducting design-specific outreach and stakeholder engagement o Formulating a site alternative analysis o Selecting design criteria and standards

• Project Analysis and Design. Tasks may include, but are not limited to:

o Carrying out applicable studies (environmental, biological, and/or engineering) and complete related modeling and data collection efforts regarding the impacts of proposed restoration activities. Activities may include:

Project site evaluation, including surveying and measurement

Resource inventory and evaluation

Applicable soil and water sampling

Analyses considering baseline (no action) and proposed design alternatives evaluation, including, for example:

− Hydrologic analysis for project site − Hydraulic modeling − Wetland evaluation − Geotechnical investigation − Floodplain assessment − Baseline habitat conditions, including vegetation conditions and species population surveys o Completing risk analyses, including

Identification of performance and sustainability criteria for project elements and assessment of risk of failure to perform

Evaluation of risk to infrastructure, property, human safety, recreation, etc.

and potential consequences and supplemental analysis to mitigate risk.

o Developing a post-project monitoring plan

Note: Ground disturbing activities will require environmental and cultural compliance.

• Complete site-specific design and engineering of the restoration project to reach a target 60% level of final project design (see Attachment A: Design Level Guidance) Tasks may include, but are not limited to:

o Preparing design drawings and specifications for the construction of the project.

o Developing a basis of design document (a report that documents the major design criteria and includes recommended project elements, planning level drawings, preliminary schedules, and cost estimates.)

o Analyzing the means and methods for construction at the project site and identify constraints (necessary equipment, site access, etc.)

• Preparation of project cost estimates and development of project construction plan.

Tasks may include, but are not limited to:

o Developing project construction material quantities and costs for construction activities o Developing an estimated construction budget (including contingencies, labor costs, etc.)

o Developing the project bid schedule, construction plan, schedule, and milestones for completing the project

• Legal and Institutional Requirements Research. Tasks may include, but are not limited to:

o Researching on legal and institutional requirements; permitting and environmental compliance; land ownership and necessary easements; and state and/or local requirements with the potential to affect implementation of the project.

o Studying the impacts of any proposed projects on contractual water and power supply obligations, water rights, Tribes, and other area stakeholders.

o Investigating the types of site-specific environmental or cultural compliance will be necessary to implement the project(s) which can include consulting with Reclamation regarding potential environmental compliance

Note: It is not mandatory for Task A projects to address all the activities and sub-tasks listed if that work is not necessary or if the work has already been completed. Applicants can substitute appropriate sub-tasks or may provide explanations for certain sub-tasks that have already been completed or are not necessary. If the applicant has already completed significant study and design work, the applicant must include a summary of the completed work in their proposal.

C.4.1.2. Construction Funding for Completed Task A Study and Design Projects Upon successful completion of a Study and Design project funded under Task A of this NOFO, the recipient may submit an application for the construction of the aquatic ecosystem restoration project. Applications for construction funding must meet the requirements for Task B:

Construction below and contain the content identified in Section D.2. Content and Form of Application Submission. Applications for construction funding from recipients of a completed Study and Design award under this NOFO may be evaluated on a rolling basis.

C.4.2. Task B: Construction

Projects eligible for funding under Task B include the construction of aquatic ecosystem restoration projects that are collaboratively developed, have widespread regional benefits, and are for the purpose of improving of the health of fisheries, wildlife, and aquatic habitat through restoration and improved fish passage. Projects that affect water resources management in two or more river basins, provide regional benefits not limited to fisheries restoration, and that are a component of a larger strategy to replace aging facilities are prioritized under this program.

Proposed projects should not have an estimated construction start date that is prior to January 2, 2024.

Applicants submitting a proposal for funding under Task B must submit study and design products, (i.e., the design package) demonstrating that the project is at a 60% design level.

See Section C.4.2.2. Submittal of Study and Design Products.

C.4.2.1. Eligible Construction Activities Projects eligible for funding under Task B: Construction may include the following project activities:

Completion of Final Design for Aquatic Ecosystem Restoration Construction Project.

• Conducting final design and pre-construction activities to progress the aquatic ecosystem restoration project from 60% to final design. This task must be completed prior to construction of the restoration project (may be completed by applicant prior to application to this program if no program funding is required).

• Completion of final design must be paired with subsequent full construction of the restoration project and cannot be completed as a stand-alone Task B: Construction project.

Outreach to Affected Stakeholders.

• Continued engagement regarding final planning and construction processes with a diverse group of stakeholders such as municipal, agricultural, or recreational interest groups, environmental non-profits, landowners, Tribes, and state and local water management entities.

Restoration Activities: This program provides support for restoration projects that are comprehensive and holistic in nature. Accordingly, it is anticipated that proposed projects will include a combination of the following types of restoration activities to be competitive. Eligible restoration activities may include, but are not limited to:

• Removal or Modification of Barriers to Fish Passage. Removal or modification of impeding infrastructure, including dams, diversion structures, culverts, roads, or other barriers to fish passage, to reopen migratory pathways, build resilient riparian corridors, and protect aquatic ecosystems. Activities include but are not limited to:

o Removal or modification of a dam or diversion to reopen or improve migratory pathways o Removal, replacement, or modification culverts that restrict aquatic organism migration o Removal, modification, or relocation of impeding roads, rail roads, levees, or bridges o Replacement of artificial channels with a “natural” channel and floodplain o Strategic placement of fish screens to prevent fish passage in diversion ditches or impede the passage of invasive fish.

• Restoration of Connectivity. Restoration of connectivity between the river and disconnected floodplains and wetlands to improve environmental flows, build system resiliency, and improve the lateral mobility of a river channel. Activities may include but are not limited to:

o Improvement of thermal refugia and connectivity to groundwater o Removal or modification of artificial embankments to improve floodplain connectivity o Increasing the frequency and duration of floodplain inundation by reconnecting incised and disconnected channels o Off-channel rehabilitation or enhancement including restoration of backwaters, alcoves, ponds, and abandoned oxbows

• Restoration of Aquatic Habitat. Restoration of the riparian area, riverbanks, channels and floodplains to bolster aquatic habitat and build natural resiliency. Activities may include but are not limited to:

o Riparian planting with native species o Removal of invasive riparian vegetation o Removal, containment, or relocation of non-native fish and/or restoration of native fish species o Placement of natural structures in-channel (rock, logs, and native plants) to create meanders, stabilize river geometry, and create natural habitat or fluvial patterns o Restoration of floodplains o Installation of grade control structures to stabilize river geometry o Creation of natural features in a heavily engineered flood channel o Nature-based restoration actions (e.g., installation of beaver dam analogs, post-assisted log structures, etc.)

• Improvement of Water Availability, Quality, and Temperature. Activities to improve instream water availability, quality and temperature to improve conditions for aquatic ecosystems. Activities include but are not limited to:

o Restoration of riparian vegetation along waterways o Wetland regeneration o Watershed sediment management in areas with degraded habitat due to recent disturbance or wildfire o Conservation of water for instream flows, or construction of water management or infrastructure improvements that will bolster instream flows during low water periods (strategic point of diversion changes, or conservation projects resulting increased instream water availability, such as canal piping or lining)

Other Related Activities. Other activities that are similar to the examples listed above may be submitted for consideration and will be allowed to the extent that they are consistent with program authorization and goals.

Monitoring Plan Development, Baseline Assessment, and Equipment Installation. Activities include but are not limited to development of a monitoring plan, pre-construction monitoring to track baseline conditions, and installation of monitoring equipment. Projects may also include initial post-construction monitoring for a period of up to six months for the purpose of assessing project success and outcomes. However, the costs for these activities shall not exceed 25 percent of the total project costs. Please note that long-term (i.e., more than six months) post-construction monitoring is considered normal operation and maintenance, and the costs are the responsibility of the applicant.

C.4.2.2. Submittal of Study and Design Products Applicants for Task B: Construction must submit study and design products, (i.e., the design package) demonstrating that the project is at a 60% design level. Do NOT include design documents with your application. After the application deadline (see Section D.4 Submission Date and Time), Reclamation will contact applicants to obtain a copy the design products. The Application Review Committee (ARC) will review the documents to verify whether the project has reached the 60% design threshold (As outlined in Attachment A: Design Level Guidelines) and confirm project eligibility.

C.4.3. Dam Modification or Removal Projects

Prior to an award of funding, proposals that include the removal or modification of a dam must submit certain documents verifying that the dam owner has agreed to the study, design, or construction of the project and impacted water or power delivery customers have been notified.

For specific instructions, see section D.2.2.12 Documents Authorizing the Study, Design, or Construction of a Dam Modification or Removal Project.

C.5. Ineligible Projects Projects not eligible for funding under this NOFO include scientific research and the project types identified immediately below.

C.5.1. Ineligible Studies

Proposals for appraisal investigations and feasibility studies are not eligible under this funding opportunity. Other ineligible studies include drought planning, system optimization reviews, Basin Studies, studies authorized under the Title XVI Water Recycling and Reuse Program, through P.L.102-575, as amended (43 U.S.C. 390h et seq.), or under the Rural Water Program, pursuant to the Rural Water Supply Act of 2006, P.L.109-45. Applicants should review Section C.4.1.1. Eligible Study and Design Activities and Attachment A: Design Level Guidance to determine whether their project fits within the objectives of this funding opportunity.

C.5.2. Other Aquatic Ecosystems

Proposals for the restoration of marine and coastal aquatic ecosystems are not eligible for funding under this NOFO.

C.5.3. Monitoring Beyond Six Months Post-Project Completion

Program funding may be used to complete the following activities to support monitoring of performance outcomes associated with the on-the-ground implementation portion of the project:

(1) establish a monitoring and data management plan, (2) install necessary equipment to monitor progress and conservation outcomes, and (3) complete up to six months of post-implementation monitoring activities of conservation outcomes of the implementation project. However, costs for these activities shall not exceed 25 percent of the total project cost. Program funding may not be used to complete long- term (i.e., more than six months) monitoring of performance after project construction is complete (these costs are considered normal operation and maintenance costs and are the responsibility of the applicant).

C.5.4. Operations, Maintenance, and Replacement

Proposals for the design of projects considered normal operations, maintenance, and replacement (OM&R) are ineligible for funding under this NOFO. OM&R is described as system improvements that replace or repair existing infrastructure or function without providing increased efficiency or effectiveness of water distribution over the expected life of the improvement. Examples of ineligible OM&R projects include:

• Replacing malfunctioning components of an existing facility with the same components.

• Improving an existing facility to operate as originally designed.

• Performing an activity on a recurring basis, even if that period is extended (e.g., 10-year interval).

• Sealing expansion joints of concrete lining because the original sealer or the water stops have failed.

• Sealing cracks in canals and/or pipes, including those sealant projects intended to improve facilities with inherent design and construction flaws.

• Replacing broken meters with new meters of the same type.

• Replacing leaky pipes with new pipes of the same type.

• Completion of one-time leak detection surveys.

Dredging of reservoirs, canals, and rivers to remove normally occurring sediment accumulation for a non-aquatic habitat improvement activity (e.g., solely to improve flood conveyance)

• Reclamation can only provide funding for invasive species removal and fuels management one time per geographic footprint; additional treatments are considered operations and maintenance and are not eligible.

Applicants that have questions regarding OM&R are encouraged to contact the Program Coordinator (see Section G. Agency Contacts) prior to the application deadline for further information.

C.5.5. Water Reclamation, Reuse, and Desalination

Water reclamation, reuse, and desalination projects are not eligible for funding under this NOFO.

Entities seeking funding for these types of projects should consider Reclamation’s Title XVI Water Reclamation and Reuse Program and Drought Response Program. If you have questions about a water reclamation, reuse, or desalination project please contact Ms. Maribeth Menendez at 303-445-2094 or mmenendez@usbr.gov.

C.5.6. Injection Wells and Recharge Projects Primarily for Agricultural or Municipal Benefits

Injection wells and recharge projects primarily for agricultural or municipal benefits are not eligible. Applicants proposing such projects should consider applying for funding under the WaterSMART Drought Resiliency Projects NOFO. See the WaterSMART Drought Response Program webpage, www.usbr.gov/drought, for more information.

C.5.7. Water Purchases

Applications to use Federal funding to purchase water are not eligible under this NOFO.

Applicants seeking funding to purchase water in a drought emergency should request emergency drought assistance under Reclamation’s Drought Response Program.

For more information about the requirements for receiving emergency drought assistance, please see www.usbr.gov/drought or contact the Program Coordinator (see Section G. Agency Contacts).

C.5.8. Land Purchase and Easements

Applications to use Federal funding for the purchase of land, or with the primary purpose to secure a permanent easement, are not eligible under this NOFO.

C.5.9. Building Construction

Applications to construct a building are not eligible for Federal funding under this NOFO (e.g., a building to house administrative staff or to promote public awareness of water conservation).

mailto:mmenendez@usbr.gov http://www.usbr.gov/drought https://www.usbr.gov/drought/

C.5.10. Pilot Projects

Applications to conduct a pilot study to evaluate technical capability, economic feasibility, or viability for full-scale implementation or to test an unproven material or technology are not eligible for Federal funding under this NOFO.

C.5.11. Removal and Prevention of Invasive Mussel Species

Projects to remove or prevent the invasion or spread of invasive mussel species are not eligible under this NOFO. Reclamation provides funding for these projects under Reclamations Integrated Pest Management and Invasive Species Program. Please contact Jolene Trujillo, at jtrujillo@usbr.gov, for additional information.

C.5.12. Prescribed Burns

Fuels management through prescribed burning is not eligible under this NOFO.

C.5.13. On-Farm Irrigation Efficiency Improvements

Projects to conduct on-farm irrigation efficiency improvements are not eligible under this NOFO. Applicants interested in on-farm improvements should contact the U.S. Department of Agriculture and Natural Resources Conservation Service (NRCS) to investigate opportunities for Federal assistance. For more information on NRCS programs, including application deadlines and a description of available funding, please contact your local NRCS office or see www.nrcs.usda.gov for further contact information in your area.

This NOFO does not preclude projects located on private land. Some project components may occur on private land, including on agricultural land, if they are part of a project with broader benefits to ecological value or watershed health.

C.5.14. New Conveyance Infrastructure for Municipal or Agricultural Water Delivery

A project that proposes to construct new conveyance to allow for the distribution of additional or new water supplies for municipal or agricultural use is not eligible. Applicants proposing such projects should consider applying for funding under the WaterSMART Drought Resiliency Projects NOFO. See the WaterSMART Drought Response Program webpage, www.usbr.gov/drought, for more information.

mailto:jtrujillo@usbr.gov

C.5.15. Mine Remediation Projects

Projects to complete remediation activities in or around a mine site are not eligible for funding under this NOFO.

C.5.16. Projects to Adhere to Specific Regulatory Requirements

Projects or elements of projects addressing specific regulatory requirements mandated by a state or Federal agency action or a court order, such as an order to remove a dam, and project components that are required to comply with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), are not eligible for funding under this program.

However, funding may be used to support more general activities, including recovery actions under the Endangered Species Act (ESA). For more information, contact the program coordinator listed in Section G. Agency Contacts, prior to the application deadline.

C.5.17. Training, Education, and Outreach Activities

General education activities, general stakeholder outreach, the implementation of citizen science training programs, or general staff training are not eligible under this NOFO.

C.5.18. Projects Receiving Other Federal Financial Assistance

Proposals for projects or activities that are funded under another Federal Financial Assistance agreement are not eligible for funding under this NOFO.

Section D. Application and Submission Information

D.1. Address to Request Application Package

This document contains all the information, forms, and electronic addresses required to submit an application. If you are unable to access this information electronically, you can request paper copies of any of the documents referenced in this NOFO by emailing the Financial Assistance NOFO Operations Section staff at sha-dro-fafoa@usbr.gov.

D.2. Content and Form of Application Submission All applications must conform to the requirements described in this section.

D.2.1. Application Format and Length

The technical proposal and criteria section (defined below) shall be limited to a maximum of 35 consecutively numbered pages. If this section of the application exceeds 35 pages, only the first 35 pages will be evaluated. The full application, including attachments, cannot exceed 125 pages. If the application exceeds 125 pages, only the first 125 pages will be considered in the evaluation.

The font shall be at least 12 points in size and easily readable. Page size shall be 8½ by 11 inches, including charts, maps, and drawings. Margins should be standard 1-inch margins.

Oversized pages will not be accepted.

Applications will be prescreened for compliance to the above page number limitation. Excess pages will be removed and not considered in the evaluation of the proposed project.

D.2.2. Application Content

The application should include the items identified as Mandatory Application Components in the Application Checklist located on page ii to be considered complete. To facilitate fair and timely reviews by the ARC, it is highly recommended that application packages be structured in the order identified in the Application Checklist.

Applications will be screened for completeness and compliance with the provisions of this funding opportunity.