BOR FY 2024 Native American Affairs Technical Assistance to Tribes 508 Compliant.pdf

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Notice of Funding Opportunity No. R24AS00013

Native American Affairs:

Technical Assistance to Tribes for

Fiscal Year 2024

U.S. Department of the Interior December 2023 iv

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.

The mission of Reclamation’s Native American Affairs Program is to ensure that federally recognized Indian Tribes have the opportunity to participate in Reclamation programs in a way that fulfills the Federal responsibility toward Tribes, respects Tribal sovereignty, and strengthens the unique government-to-government relationship.

Cover Photo – Williamson River, 2023. (Bureau of Reclamation) v

Synopsis

Federal Agency Name: Department of the Interior, Bureau of Reclamation, Native American and

International Affairs Office

Funding Opportunity Title: Native American Affairs: Technical Assistance to Tribes for Fiscal Year 2023

Announcement Type: Notice of Funding Opportunity (NOFO)

Funding Opportunity Number: R24AS00013

Assistance Listing Number: 15.519

Dates:

(See NOFO Sec. D.4)

Application due date:

Tuesday, March 12, 2024, at 4:00 p.m. Mountain Daylight Time

Eligible Applicants:

(See NOFO Sec. C.1)

Federally recognized Indian Tribes in the 17 Western States identified in the

Reclamation Act of June 17, 1902 as amended and supplemented, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and

Wyoming.

Recipient Cost Share:

(See NOFO Sec. C.2)

None required

Federal Funding Amount:

(See NOFO Sec. B.2)

The total Federal funding amount will not exceed $400,000 per applicant.

Applicants may submit more than one application for funding consideration.

However, no more than $400,000 will be awarded to any one applicant under this

NOFO.

Period of Performance:

(See NOFO Sec C.3.3)

All work on a project funded under this NOFO should be completed within 2 years from the date of the execution of a grant/cooperative agreement.

Estimated Number of Agreements to be Awarded:

(See NOFO Sec. B.1)

Approximately 10-15 projects contingent upon available appropriations.

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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)

• SF-424B: Assurances - Non-Construction Programs

(OMB)

See Sec. D.2.2.1 9

✓ Unique Entity Identifier (UEI) and System for Award

Management (SAM) registration

See Sec. D.3 15

✓ Technical Proposal (Use Project Narrative Attachment

Form to upload in grants.gov) )

See Sec. D.2.2.2 9

✓ Budget Narrative (Use Budget Narrative Attachment Form to upload in grants.gov)

See Sec D.2.2.3 11

✓ Recommended Application Components: Required content Page

Environmental and cultural resources compliance See Sec. D.2.2.4 12

Required permits or approvals See Sec. D.2.2.5 12

Overlap or duplication of effort statement See Sec D.2.2.6 12

Conflict of interest disclosure statement See Sec D.2.2.7 13

Uniform audit reporting statement See Sec D.2.2.8 14

Letters of support See Sec. D.2.2.11 15

Personnel Qualifications See Sec. E.1.3 23

OMB Form 4040-0013: Certification Regarding Lobbying

SF-LLL: Disclosure of Lobbying Activities (if applicable)

(OMB)

vii

Acronyms and Abbreviations

ARC Application Review Committee

ASAP Automated Standard Application for Payments

CE Categorical Exclusion

CEC Categorical Exclusion Checklist

CFDA Catalog of Federal Domestic Assistance

CFR Code of Federal Regulations

CWA Clean Water Act

Department U.S. Department of the Interior

DUNS Data Universal Number System

EA Environmental Assessment

EIN

EIN Employee Identification Number

EIS Environmental Impact Statement

ESA Endangered Species Act

FAPIIS Federal Award Performance Integrity Information System

FOIA Freedom of Information Act

FONSI Finding of No Significant Impact

FY fiscal year

IBC Interior Business Center

MTDC Modified total direct costs

NEPA National Environmental Policy Act

NHPA National Historic Preservation Act

NOFO Notice of Funding Opportunity

OMB Office of Management and Budget

P.L. Public Law

Reclamation Bureau of Reclamation

SAM System of Award Management

TAP Technical Assistance Program

UEI Unique Entity Identifier

U.S.C. United States Code

USFWS U.S. Fish and Wildlife Service

Table of Contents ix

Table of Contents page

Section A. Funding Opportunity Description

A.1. Program Information

A.2. Objective of this Notice of Funding Opportunity (NOFO)

A.3. Statutory Authority

A.4. Other Funding Opportunities

Section B. Award Information

B.1. Total Funding

B.2. Project Funding Limitations

B.3. Number of Awards

Section C. Eligibility Information

C.1. Eligible Applicants

C.2. Cost Sharing Requirements

C.3. Eligible Project Types

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 and System for Award Management

D.4. Submission Date and Time

D.5. Intergovernmental Review

D.6. Funding Restrictions

Section E. Application Review Information

E.1. Technical Proposal: Evaluation Criteria

E.2. Review and Selection Process

E.3. Federal Award Performance Integrity Information System

E.4. Anticipated Announcement and Federal Award Date

Section F. Federal Award Administration Information

F.1. Federal Award Notices

F.2. Administrative and National Policy Requirements

See the “DOI Standard Terms and Conditions” for the administrative and national policy requirements applicable to Reclamation and Department awards

F.3. Reporting—Requirements and Distribution

F.4. Disclosures

F.4.1 Conflicts of Interest Disclosures

F.6. Releasing Applications

Section G. Federal Awarding Agency Contacts

G.1. Reclamation Financial Assistance Contact

G.2. Reclamation Program Coordinator Contact

Table of Contents x

Section H. Other Information

H.1. Environmental and Cultural Resource Considerations

H.2. Background on Federal Environmental and Cultural Resource Laws

Tables page

1.—Summary of Non-Federal and Federal Funding Sources

2.—Evaluation Criteria Scoring Summary

Section A. Funding Opportunity Description

Section A. Funding Opportunity Description

A.1. Program Information

The Bureau of Reclamation (Reclamation), through the Native American Affairs Technical

Assistance Program (TAP), provides financial and technical assistance to federally recognized

Indian Tribes. The TAP establishes cooperative working relationships, through partnerships with Indian Tribes, to assist Tribes as they develop, manage, and protect their water and related resources. Reclamation’s Native American and International Affairs Office, Washington, D.C., plans to make Fiscal Year (FY) 2024 funds available for the TAP through Reclamation’s five

Regional Offices.

For further information on the TAP please visit:

www.usbr.gov/native/programs/TAPprogram.html

A.2. Objective of this Notice of Funding Opportunity (NOFO)

The objective of this NOFO is to invite federally recognized Indian Tribes to submit proposals for financial assistance for projects and activities that develop, manage, and protect tribal water and related resources.

This NOFO also implements the Biden-Harris Administration’s priorities including Presidential

Executive Order 14008: Tackling the Climate Crisis at Home and Abroad (E.O. 14008), and

Executive Order 13985: Advancing Racial Equity and Support for Undeserved Communities

Through the Federal Government (E.O. 13985). E.O. 13985 is supported by this NOFO as it increases opportunities for Indian Tribes to develop, manage, and protect their water and related resources.

A.3. Statutory Authority

TAP is administered in accordance with the Reclamation Act of 1902, as amended and supplemented. Consolidated Appropriations Resolution, 2003, Division D - Energy and Water

Development Appropriations, Title II, Sec. 201, Public Law (P. L.) 108-7 (43 USC 373d) authorizes Reclamation to enter into grants and cooperative agreements with federally recognized Indian Tribes to increase opportunities to develop, manage, and protect tribal water and related resources.

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

Section A. Funding Opportunity Description

A.4. Other Funding Opportunities

Reclamation provides funding through other programs that may assist Tribes in developing, managing, and protecting their water and related resources. Tribes are eligible recipients in the programs outlined below.

Through WaterSMART Grants, Reclamation also provides other funding opportunities.

Through Small-Scale Water Efficiency Projects, Reclamation provides funding for small-scale water management projects that have been identified through previous planning efforts.

Reclamation has developed a streamlined selection and review process to reflect the small-scale nature of these projects.

Through the Drought Response Program, Reclamation provides funding to help build resilience to drought. Through Drought Contingency Planning, Reclamation supports developing drought contingency plans with participation from a diverse set of stakeholders.

Reclamation also provides funding for Drought Resiliency Projects that increase water supply flexibility and improve water management to build long term resilience to drought and are supported by an existing drought contingency plan.

Through Applied Science Grants, Reclamation provides funding to support projects to develop hydrologic information and water management tools and to improve modeling and forecasting capabilities.

Funding is available under the Cooperative Watershed Management Program (Phase I) to support watershed group development, watershed restoration planning, and watershed management project design.

Through Environmental Water Resources Projects, funding is provided to support projects focused on environmental benefits and that have been developed as part of a collaborative process to help carry out an established strategy to increase the reliability of water resources.

Projects under this new category of funding may be eligible for up to 75% Federal funding.

Sponsors of Drought Resiliency Projects, Water and Energy Efficiency Grants, or Cooperative

Watershed Management Program Phase II projects that are focused on environmental benefits and that meet other requirements should apply under this new funding opportunity.

For additional information regarding these NOFOs, please visit the WaterSMART program website: www.usbr.gov/watersmart/.

Small Storage Program—Funding is available for planning, design, and construction of surface water and groundwater storage projects with a storage capacity of not less than 200 acre-feet and not greater than 30,000 acre-feet. Additional information regarding eligibility and timing for this opportunity is available at the Small Storage program website:

https://www.usbr.gov/smallstorage/.

http://www.usbr.gov/watersmart/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.usbr.gov%2Fsmallstorage%2F&data=05%7C01%7CKTitensor%40usbr.gov%7Ca0f5afb273ce4830435108da805bf942%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C637963430031477865%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=9AE1AIWtN0Al%2BZ7gwBYmCVsSbAMYGXw9vfW%2Bauvfp2U%3D&reserved=0

Section C. Eligibility Information

Section B. Award Information

B.1. Total Funding

Reclamation will determine the final amount of funding available for award under this NOFO once final FY 2024 appropriations have been made. The amount of funding available for awards under this NOFO will depend on the demand for funding under this and other elements of the

Native American Affairs TAP.

Budgetary constraints limit the number of projects that may be funded. It is anticipated that

$4.0 million will be available in FY 2024. Additional projects may be funded under this NOFO if additional funds become available in 2024 or subsequently.

B.2. Project Funding Limitations

The total Federal funding amount will not exceed $400,000 per applicant. Applicants may submit more than one application for funding consideration. However, no more than $400,000 will be awarded to any one applicant under this NOFO.

All work on a project funded under this NOFO should be completed within 2 years from the date of execution of the grant/cooperative agreement.

B.3. Number of Awards

Reclamation anticipates that 10-15 awards will be made under this NOFO. The total number of awards will depend on the amount requested by each applicant and the amount of Federal funding available for award under this NOFO.

B.4. Assistance Instrument

Award will be made through financial assistance grants or cooperative agreements, as applicable to each project.

If a cooperative agreement is awarded, Reclamation will have substantial involvement in the project. Reclamation can perform technical work through Regional and Area Offices, the

Technical Service Center or water quality labs. For cooperative agreements, substantial involvement by Reclamation may include, but not be limited to, the following:

• 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.

• Technical support and other services provided to the Tribe towards the objectives of the proposal.

Reclamation’s involvement in a cooperative agreement must be discussed in the project scope and all associated costs must be included in the budget. If the project is selected, the amount of funding required for Reclamation’s activities will be withheld from the Federal award amount.

To discuss available assistance and these costs, contact the program coordinator identified in

Section G. Federal Awarding Agency Contacts.

Section C. Eligibility Information

C.1. Eligible Applicants

Applicants eligible to receive an award to fund activities must be:

• Federally recognized Indian Tribes located in the 17 Western States identified in the

Reclamation Act of June 17, 1902, as amended and supplemented: Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and

Wyoming.

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

• Federal governmental entities.

• State governmental entities.

• Local governmental entities.

• Individuals.

C.2. Cost Sharing Requirements

There is no requirement for a non-Federal cost-share contribution; however, partnering and collaboration is encouraged. If included, a non-Federal contribution may be made through cash, costs contributed by the applicant, or third-party in-kind contributions. Third-party in-kind contributions is 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. If the proposal includes non-Federal contributions, the applicant should include a description of the source, nature, amount or estimated value, and the intended use of any contributions to be provided in accordance with the following provisions.

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 identifiable to the proposed project. Applicants should refer to 2 CFR §200.434 Contributions and donations for regulations regarding the valuation of third-party in-kind contributions, available at www.ecfr.gov.

https://www.ecfr.gov/

C.2.3. Other

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.3. Eligible Project Types

C.3.1 Eligible Projects

To be eligible for funding under this NOFO, projects must be directly related to the development, management, or protection of tribal water and related resources.

Eligible activities may include, but are not limited to:

• Water need and water infrastructure assessments.

• Water management plans and studies.

• Short-term water quality or water measurement data collection and assessment to inform new management approaches.

• Training for tribal staff and managers in areas of water resources’ development, management and protection.

• Minor repair, rehabilitation or replacement of existing tribally owned, water-related structures and facilities to restore original capability.

• Minor infrastructure installation projects such as: Efficient land-scape irrigation.

• Drilling domestic or stock watering wells.

• On-the-ground activities related to riparian and aquatic habitat with the goal to maintain or improve water quantity or water quality:

o Restoring wetlands.

o Controlling erosion.

o Stabilizing streambanks.

o Constructing ponds.

• Developing water basin plans.

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

• Distinct, stand-alone water related activities that are part of a larger project. Please note, if the work for which you are requesting funding is a phase of a larger project, please only describe the work that is reflected in the budget and exclude description of other activities or components of the overall project.

C.3.2 Ineligible Projects

Project activities that are not eligible for funding under this NOFO include, but are not limited to:

• Feasibility studies (as defined under Reclamation law, which require express congressional authorization).

• Activities that lack definable products or deliverables.

• Specific employment positions within an Indian Tribe.

• Activities with a duration of more than 2 years from date of execution of a grant/cooperative agreement.

• Activities that generate data or analyses that have the potential to compromise any study or activities of a U.S. Department of the Interior (Department) Indian water rights negotiation or the Department of Justice in its pursuit of related Indian water rights claims.

• Activities related to non-Federal or non-tribal dams and associated structures.

• Activities providing funding for the administration of contracts or agreements under

P.L. 93-638 that are unrelated to the TAP.

• Purchase of equipment as the sole purpose of the activity.

• Water purchases including the purchase or leasing of water rights or water shares.

• Activities in direct support of litigation of any kind.

• Activities that will obligate Reclamation to provide, or are not sustainable unless

Reclamation does provide, on-going funding, such as an obligation to provide future funding for operation, maintenance, or replacement.

• Biological activities such as:

o fisheries work (including collection, analysis and evaluation of background data);

o habitat restoration unless directly related to water quality and quantity; and o ecosystem based activities such as biological surveys, air quality monitoring, and watershed -scale management.

C.3.3 Period of Performance

Proposed project activities should be completed within 2 years of execution of a grant/cooperative agreement

Section D. Application and Submission Information

Section D. Application and Submission

Information

D.1. Address to Request Application Package

This document contains all information, forms, and electronic addresses required to obtain the information required for submission of 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 NOFO Team at bor-sha-fafoa@usbr.gov.

D.2. Content and Form of Application Submission

All applications must conform to the requirements set forth below.

D.2.1. Application Format and Length

The technical proposal and evaluation criteria section of the application shall be limited to a maximum of 20 consecutively numbered pages. If this section of the application exceeds 20 pages, only the first 20 pages will be evaluated. Other required application content will not count towards the page limitation. 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.

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

Applications will be screened for timeliness, completeness and compliance with the provisions of this funding opportunity. A complete application must include all the items identified as Mandatory

Application Components in the Application Checklist. Any application which fails to include these items will be deemed ineligible and will not be considered for funding. The application must include the items identified as Mandatory Application Components in the Application Checklist located on page ii to be considered complete. Mandatory Federal Forms Note: Applications submitted by consultants must contain an SF-424 and SF-424B that is signed by an authorized representative of the entity applying. These forms are available at www.grants.gov/web/grants/forms/sf-424family.html.

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

Incomplete or noncompliant applications not including required materials will be eliminated from competition.

D.2.2.1. Mandatory Federal Forms

The application must include the following standard Federal forms. Questions regarding forms should be reviewed at www.grants.gov/web/grants/forms/sf-424-family.html.

A fully completed SF-424, Application for Federal Assistance signed by a person legally authorized to commit the applicant to performance of the project must be submitted with the application. The SF-424 must contain a valid Unique Entity Identifier (UEI). Applications that fail to include a properly signed SF-424 by the submission deadline will be considered ineligible will not pass initial screening.

Applicants requesting more than $100,000 in Federal funding, must certify to the statements in 43 CFR Part 18, Appendix A-Certification Regarding Lobbying. The Authorized

Official’s signature on the appropriate SF-424, Application for Federal Assistance form represents the entity’s certification of the statements in 43 CFR Part 18, Appendix A.

Failure to submit a signed SF-424 with a valid (UEI) number will result in the elimination of the application from further consideration.

SF-424A Budget Information A fully completed SF-424A Budget Information Non-

Construction Programs must be submitted with the application. Failure to submit a SF-424A will result in the elimination of the application from further consideration.

SF-424B Assurances A SF-424B Assurances Non-Construction Programs signed by a person legally authorized to commit the applicant to performance of the project must be submitted with the application. Failure to submit a properly signed SF-424B will result in the elimination of the application from further consideration.

D.2.2.2. Technical Proposal Content

Submission of a technical proposal is mandatory and must be received by the application deadline. Failure to submit this information will result in the elimination of the application from further consideration.

Information provided in this section shall be limited to a maximum of 20 consecutively numbered pages. If this section exceeds 20 pages, only the first 20 pages will be evaluated. The technical proposal and evaluation criteria should include:

(1) Executive summary

(2) Background data

(3) Technical project description

(4) Evaluation criteria

Title Page Provide a brief, informative, and descriptive title for the proposed work that indicates the nature of the project. Include the name and address of the applicant; and the name and address, e-mail address, and telephone of the project manager.

http://www.grants.gov/web/grants/forms/sf-424-family.html

Table of Contents List all major sections of the proposal in the table of contents.

Executive Summary The executive summary should include:

• The date, applicant name, city, county, and state.

• A one paragraph project summary that specifies the work proposed, including how funds will be used to accomplish specific project activities and briefly identifies how the proposed project contributes to accomplishing the goals of this NOFO.

• State the length of time and estimated completion date for the proposed project.

• Whether or not the proposed project is located on a federal facility or will involve

Federal land.

Background Data Provide appropriate background information about the general project area.

Provide a map, if appropriate, showing the geographic location of the project (include pertinent information such as reservation boundaries, state, county, and direction from nearest town).

Identify any immediate needs or potential issues with respect to the health and safety of tribal members that the project is intended to address.

If applicable, describe the sources of water supply, water rights involved, water system, and current water uses (i.e., agricultural, municipal, domestic, or industrial). Identify any potential health and safety issues or shortfalls in water supply.

Identify any past working relationships with Reclamation. This should include the date(s), name of the Reclamation office(s), and a description of the projects(s).

Technical Project Description and Milestones The technical project description should describe the work in detail, including specific activities that will be accomplished. This description shall have sufficient detail to permit a comprehensive evaluation of the proposal.

The technical project description must include milestones for the completion of the project, including, but not limited to, environmental compliance, permitting, final design, and construction.

Please note, if the work for which you are requesting funding is a phase of a larger project, please only describe the work that is reflected in the budget and exclude description of other activities or components of the overall project.

Evaluation Criteria (See Section E.1. Technical Proposal: Evaluation Criteria for additional details, including a detailed description of each criterion and sub-criterion and points associated with each.)

The evaluation criteria portion of your application should thoroughly address each criterion and sub-criterion in the order presented to assist in the complete and accurate evaluation of your proposal.

It is suggested that applicants copy and paste the evaluation criteria and sub-criteria in Section

E.1. Technical Proposal: Evaluation Criteria into their applications to ensure that all necessary information is adequately addressed.

D.2.2.3. Project Budget

The total project cost is the sum of all allowable items of costs, including all required cost sharing and voluntary committed cost sharing, including third-party contributions, that are necessary to complete the project. Please include the following chart (Table 1) to summarize all funding sources.

Denote in-kind contributions with an asterisk (*).

Table 1. Summary of Non-Federal and Federal Funding Sources

FUNDING SOURCES AMOUNT

Non-Federal Entities

1. $

2. $

3. $

Non-Federal Subtotal $

REQUESTED RECLAMATION FUNDING $

Submission of a budget narrative is mandatory. The budget narrative provides detailed information on the items included in the budget Object Class Categories on the SF-424A or Cost

Classification categories identified on the SF-424C. The budget narrative must clearly identify all items of cost (total estimated project cost), including those that will be contributed as non-

Federal cost share by the applicant (required and voluntary), third-party in-kind contributions, and those that will be covered using the funding requested from Reclamation, and any requested pre-award costs. The types of information to describe in the narrative may include, but are not limited to, those identified in the Budget Narrative Guidance attached to this

NOFO (Attachment A). Applicants may elect to use the Budget Detail and Narrative spreadsheet

(Attachment B to this NOFO) for their budget narrative. Costs, including the valuation of third-party in-kind contributions, must comply with the applicable cost principles contained in 2 CFR

Part 200, available at the electronic CFR (www.ecfr.gov).

Budget Proposal and Funding Plan The total project cost is the sum of all allowable items of costs, including all required cost sharing and voluntary committed cost sharing, including third-party contributions, that are necessary to complete the project. Please include the following chart (Table 1) to summarize all funding sources. Denote in-kind contributions with an asterisk (*).

The budget proposal should include detailed information on the categories listed below and must clearly identify all items of cost, including those that will be contributed as non-Federal cost share by the applicant (required and voluntary), third-party in-kind contributions, and those that will be covered using the funding requested from Reclamation, and any requested pre-award costs.

Please note: The Budget Narrative Attachment Form in Grants.gov is to be used to upload the budget proposal.

http://www.ecfr.gov/

Failure to submit a budget proposal will result in the elimination of the application from further consideration.

Project costs for environmental and cultural compliance and engineering/design that were incurred or are anticipated to be incurred prior to award may be included in the proposed project budget if incurred on or after Monday, January 22, 2024.

Incurrence of pre-award costs is not authorized without prior written approval of the awarding

Grants Officer. Per 2 CFR 200.458, pre-award costs are those incurred prior to the effective date of the Federal award or subaward directly pursuant to the negotiation and in anticipation of the

Federal award where such costs are necessary for efficient and timely performance of the scope of work.

• In no case will costs incurred prior to January 22, 2024, be considered for inclusion in the final approved project budget.

• Please note that the costs for preparing and submitting an application in response to this NOFO, including the development of data necessary to support the proposal, are not eligible project costs under this NOFO and must not be included in the project budget.

• In addition, please ensure that the budget proposal includes any project costs that may be incurred prior to award. For each cost, describe:

o The project expenditure and amount o The date of cost incurrence o How the expenditure benefits the project

If the proposed project is selected, the awarding Reclamation Grants Officer will review the proposed pre-award costs to determine if they are consistent with program objectives and are allowable in accordance with the authorizing legislation. Proposed pre-award costs must also be compliant with all applicable administrative and cost principles criteria established in 2 CFR Part

200, available at www.ecfr.gov, and all other requirements of this NOFO.

D.2.2.4. Environmental and Cultural Resources Compliance

If the project includes monitoring, measurement, or other field work, environmental and cultural resources compliance may be required. Proposals that include on the ground activities should answer the questions from Section H.1. Environmental and Cultural Resource Considerations in this section.

D.2.2.5. Required Permits or Approvals

Recipients shall adhere to Federal, State, territorial, Tribal, and local laws, regulations, and codes, as applicable, and shall obtain all required approvals and permits. Recipients shall also coordinate and obtain approvals from site owners and operators.

D.2.2.6 Overlap or Duplication of Effort Statement

Applicants must provide a statement that addresses if there is any overlap between the proposed project and any other active or anticipated proposals or projects in terms of activities, costs, or commitment of key personnel. If any overlap exists, applicants must provide a description of the overlap in their application for review.

Applicants must also state if the proposal submitted for consideration under this program does or does not in any way duplicate any proposal or project that has been or will be submitted for funding consideration to any other potential funding source—whether it be Federal or non-

Federal. If such a circumstance exists, applicants must detail when the other duplicative proposal(s) were submitted, to whom (Agency name and Financial Assistance program), and when funding decisions are expected to be announced. If at any time a proposal is awarded funds that would be duplicative of the funding requested from Reclamation, applicants must notify the NOFO point of contact or the Program Coordinator immediately.

D.2.2.7. Conflict of Interest Disclosure Statement

Conflict of Interest Disclosure Per the Financial Assistance Interior Regulation (FAIR), 2 CFR

§1402.112, you should state in your application if any actual or potential conflict of interest exists at the time of submission.

Applicability This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to

Federal financial assistance agreements.

In the procurement of supplies, equipment, construction, and services by recipients and by sub recipients, the conflict of interest provisions in 2 CFR§200.318 apply.

Notification Non-Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass- through entity in accordance with 2 CFR §200.112.

Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The successful applicant is responsible for notifying the Financial Assistance Officer in writing of any conflicts of interest that may arise during the life of the award, including those that have been reported by subrecipients.

Restrictions on Lobbying Non-Federal entities are strictly prohibited from using funds under a grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR §18 and 31 U.S.C §1352.

Review Procedures The Financial Assistance Officer will examine each conflict of interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement, and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it.

Enforcement Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR §200.339, Remedies for noncompliance, including suspension or debarment (see also 2 CFR §180).

D.2.2.8. Uniform Audit Reporting Statement

All U.S. states, local governments, federally recognized Indian Tribal governments, and nonprofit organizations expending $750,000 in U.S. dollars or more in Federal award funds in your organization’s fiscal year must submit a Single Audit report for that year through the

Federal Audit Clearinghouse’s Internet Data Entry System in accordance with 2 CFR §200 subpart F.

U.S. state, local government, federally recognized Indian Tribal governments, and non-profit applicants must state if your organization was or was not required to submit a Single Audit report for the most recently closed fiscal year. If your organization was required to submit a Single Audit report for the most recently closed fiscal year, provide the Employer Identification Number (EIN) associated with that report and state if it is available through the Federal Audit Clearinghouse website.

D.2.2.9 Letters of Funding Commitment

If a project is selected for award under this NOFO and cost share funding is anticipated to be provided by a source other than the applicant, the third-party cost share must be supported with letters of commitment prior to award. Letters of commitment should identify the following elements:

• Amount of funding commitment

• The date the funds will be available to the applicant

• Any time constraints on the availability of the funds

• Any other contingencies associated with the funding commitment

Cost-share funding from sources outside the applicant’s organization (e.g., loans of State grants) should be secured and available to the applicant prior to award.

Reclamation will not execute a financial assistance agreement until non-Federal funding has been secured or Reclamation determines that there is enough evidence and likelihood that the non-Federal funds will be available to the applicant after executing the agreement.

D.2.2.10 Official Resolution

If selected, the applicant must provide prior to award an official resolution adopted by the applicant’s Tribal Council, board of directors or governing body that is authorized to commit the applicant to the financial and legal obligations associated with receipt of a financial assistance award under this NOFO, verifying:

• The identity of the official with legal authority to enter into an agreement

• The Tribal Council, board of directors, governing body, or appropriate official who has reviewed and supports the application submitted

• The capability of the applicant to provide the amount of funding and/or in-kind contributions specified in the funding plan

• That the applicant will work with Reclamation to meet established deadlines for entering into a grant or cooperative agreement

An official resolution meeting the requirements set forth above is mandatory. Reclamation will not make an award to any applicant that has not satisfied the Official Resolution submission requirement. If the applicant is unable to submit the official resolution by the application deadline the official resolution may be submitted to bor-sha-fafoa@usbr.gov.

D.2.2.11. Letters of Support

If appropriate, please include letters from interested stakeholders supporting the proposed project. To ensure your proposal is accurately reviewed, please attach all letters of support/partnership letters as an appendix. (Note: this will not count against the application page limit.) Letters of support received after the application deadline for this NOFO will not be included with your application.

D.2.2.12. Disclosure of Lobbying Activities (if applicable)

A fully completed and signed SF-LLL, Disclosure of Lobbying Activities is required if the applicant has made or agreed to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action Note—this form cannot be submitted by a contractor or other entity on behalf of an applicant.

D.3. Unique Entity Identifier and System for Award

Management

Each applicant (unless the applicant is an individual or Federal awarding agency that is excepted from those requirements under 2 CFR 25.110 (b) or (c), or has an exception approved by the

Federal awarding agency under 2 CFR 25.110 (d) is required to:

(i) Be registered in the System for Award Management (SAM) before submitting an application. Instructions for registering are available at sam.gov/content/home.

(ii) Provide a valid unique entity identifier in its application; and

(iii) Maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency.

Meeting the requirements set forth above is mandatory. Reclamation will not make a Federal award to any applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements.

mailto:bor-sha-fafoa@usbr.gov https://sam.gov/content/home

Register with the System for Award Management

Each applicant must be registered in SAM before submitting an application.

Register on the SAM.gov website. “Help” tab on the website contains User Guides and other information to assist you with registration. The Grants.gov Register with SAM page also provides detailed instructions. You can also contact the supporting Federal Service Desk for help registering in SAM. Once registered in SAM, entities must renew and revalidate their SAM registration at least once every 12 months from the date previously registered. Entities are strongly encouraged to revalidate their registration as often as needed to ensure their information is up to date and reflects changes that may have been to the entity’s IRS information.

See the “Submission Requirements” section of this document below for more information on

SAM.gov registration.

There is no cost to register with SAM.gov. There are third-party vendors who will charge a fee in exchange for registering entities with SAM.gov; please be aware you can register and request help for free.

Obtain a UEI Number

Provide a valid unique entity identifier in its application. You are required to register in

SAM.gov prior to submitting a Federal award application and obtain a Unique Entity Identifier

(UEI). A UEI will be assigned to entities upon registering with SAM.

Maintain an Active SAM Registration and UEI Number

Continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency. The Federal awarding agency may not make a Federal award to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements and, if an applicant has not fully complied with the requirements by the time the

Federal awarding agency is ready to make a Federal award, the Federal awarding agency may determine that the applicant is not qualified to receive a Federal award and use that determination as a basis for making a Federal award to another applicant.

D.4. Submission Date and Time

The application deadline is:

Tuesday, March 12, 2024, 4:00 p.m. Mountain Daylight Time

Applications must be submitted electronically through www.grants.gov. Grants.gov automatically generates an electronic date and time stamp in the system upon receiving the application. Grants.gov sends an acknowledgement of receipt with the date and time stamp and a unique Grants.gov application tracking number to the applicant’s authorized representative by email. This email from

Grants.gov serves as proof of timely submission.

https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-identifier-update http://www.grants.gov/

The applicant may submit a paper application if approved by the Reclamation Grants Officer.

Applications sent by mail without prior approval will be rejected and deemed ineligible.

The applicant may request an exemption from the required electronic application submission due to exigent circumstances, by submitting an email request to the Reclamation Grants Officer for approval. Applicants may email exemption requests to bor-sha-fafoa@usbr.gov. All emailed exemption requests must include the following information:

1. the NOFO Number and the language: “Request for FY [insert year]” in the subject line of the email,

2. the NOFO title and number,

3. the application due date of the specified NOFO,

4. the Assistance Listing number,

5. the name of the applicant organization and UEI number(s),

6. the authorized organizational representative name and contact information (phone and email address),

7. the name and email of the point of contact regarding matters involving the application, and

8. justification to prevent an electronic application submission.

The Grants Officer must receive requests no later than 2 weeks or 14 days before the application due date listed within the NOFO. Reclamation will acknowledge requests for exemption from required electronic application submission with a written approval or disapproval via email from the Grants Officer within 7 business days.

Unless the applicant has received an approved exemption, we strongly encourage applicants to use grants.gov to submit proposals. Under no circumstances will Reclamation consider applications received through any other method (such as e-mail or fax) as eligible for award.

Applicant resource documents and a full set of instructions for registering with grants.gov and completing and submitting applications online are available on grants.gov. Application submission requires prior registration through grants.gov, which may take up to 21 days. In addition, please note the grants.gov system only accepts applications submitted by individuals that are registered and active in SAM as both a user and an Authorized Organizational

Representative. Applicants have experienced significant delays when attempting to submit applications through grants.gov.

D.4.1. Application Delivery Instructions

Applications must be submitted electronically through Grants.gov (www.grants.gov).

The applicant may submit a paper application if approved by the Reclamation Grants Officer and if the applicant is found to be under exigent circumstances (i.e., Federally declared disaster area).

Applications sent by mail without prior approval will be rejected and deemed ineligible.

D.4.2. Instructions for Submission of Project Application mailto:mbor-sha-fafoa@usbr.gov http://www.grants.gov/applicants/apply-for-grants.html

Each applicant should submit an application in accordance with the instructions contained in this section.

D.4.2.1. Applications Submitted Electronically

Electronic applications must be submitted through Grants.gov. Reclamation encourages applicants to submit their applications for funding electronically through www.grants.gov/applicants/apply-for-grants.html. Applicant resource documents and a full set of instructions for registering with Grants.gov and completing and submitting applications online are also available at: www.grants.gov/applicants/apply-for-grants.html.

Application submission requires prior registration through Grants.gov, which may take 7 to 21 days. Please see registration instructions at www.grants.gov/applicants/apply-for-grants.html.

In addition, please note that the Grants.gov system only accepts applications submitted by individuals that are registered and active in SAM as both a user and an Authorized

Organizational Representative.

Applicants have experienced significant delays when attempting to submit applications through

Grants.gov. If you plan to submit your application through Grants.gov, you are encouraged to submit your application several days prior to the application deadline. If you are a properly registered Grants.gov applicant and encounter problems with the Grants.gov application submission process, you must contact the Grants.gov Help Desk to obtain a case number. This case number will provide evidence of your attempt to submit an application prior to the submission deadline.

Late applications will not be considered unless it is determined that the delay was caused by

Reclamation mishandling or technical issues with the Grants.gov application system. Please note that difficulties related to an applicant’s Grants.gov profile (e.g., incorrect organizational representative), uploading documents to Grants.gov, or an applicant’s SAM registration are not considered technical issues with the Grants.gov system.

D.4.2.2. Acknowledgement of Application Receipt.

Applicants will receive an e-mail acknowledging receipt of the application from Grants.gov. In addition, you will receive an email acknowledgement when your application is successfully downloaded from Grants.gov.

D.5. Intergovernmental Review

This NOFO is not subject to Executive Order 12372, “Intergovernmental Review of Federal

Programs.”

D.6. Funding Restrictions

Pre-award costs are those incurred prior to the effective date of a Federal award where such costs are necessary for efficient and timely performance of the scope of work. Such costs are allowable http://www.grants.gov/applicants/apply-for-grants.html http://www.grants.gov/applicants/apply-for-grants.html http://www.grants.gov/applicants/apply-for-grants.html only to the extent that they would have been allowable if incurred after the date of the Federal award.

Eligible pre-award costs associated with the proposed project must be incurred after the posting date of this funding opportunity and are limited to costs related to the planning and design of the project including, but not limited to engineering and design, modeling, environmental and cultural studies, and permitting.