BOR-MP-17-N024 RF-102_NOI DWR--Fremont Weir.pdf

Bureau of Reclamation Form, RF-102 02-2016

NOTICE OF INTENT TO AWARD

This Funding Announcement is not a request for applications. This announcement is to provide public notice of the Bureau of Reclamation’s intention to fund the following project activities without full and open competition.

ABSTRACT

Funding Announcement BOR-MP-17-N024

Project Title Fremont Weir Adult Fish Passage Modification Project Recipient California Department of Water Resources (DWR) Principal Investigator / Program Manager

Maninder Bahia; Senior Water Resources Engineer

Anticipated Federal Amount FY17: $4,800,000.00 / Total Agreement: $6,782,324.08

Anticipated Non-Federal Amount

$0.00

New Award or Continuation? New Award

Anticipated Period of Performance September 15, 2017 through December 31, 2018

Award Instrument Cooperative Agreement Statutory Authority Public Law 102-575, Central Valley Project Improvement Act, Title

XXXIV, Section 3406 (b)(1) and Section 3407(e) CFDA # and Title 15.512— Central Valley Project Improvement Act Single Source Justification Criteria Cited

(4) Unique Qualifications

Reclamation Point of Contact Ben Nelson / Megan Bryant

OVERVIEW

The National Marine Fisheries Service’s (NMFS) 2009 Biological Opinion (BO) and Conference Opinion on the Long-term Operations of the Central Valley Project and the State Water Project specifies the need for more reliable fish passage through the Yolo Bypass. Reasonable and

Prudent Alternative (RPA) Action I.7 of the 2009 NMFS BO states the need to reduce migratory delays and mortalities of federally listed fish species within the Yolo Bypass.

RPA Action I.7 focuses on adult fish passage improvements in the Yolo Bypass for four federally listed anadromous species: the Sacramento River winter-run Chinook salmon (Oncorhynchus tshawytscha); Central Valley spring-run Chinook salmon (Oncorhynchus tshawytscha); and California Central Valley steelhead (Oncorhynchus mykiss), which are collectively referred to as salmonids; and the Southern Distinct Population Segment (Southern DPS) of North American green sturgeon (Acipenser medirostris).

The Fremont Weir Adult Fish Passage Modification Project will improve connectivity within the Yolo Bypass and between the Yolo Bypass and the Sacramento River to improve the adult fish passage with a goal of increasing populations of listed salmonids and sturgeon.

RECIPIENT INVOLVEMENT

DWR Project Manager, Mahinder Bahia, will implement and oversee the Fremont Weir Adult Fish Passage Modification Project (FWAFP). The FWAFP includes modification of the existing Fremont Weir fish ladder, improvements to the channel extending from the existing fish ladder upstream to the Sacramento River and downstream to an existing deep pond at Reach 1, the removal of an earthen Agricultural Road Crossing, and the replacement of another Agricultural Road Crossing at Tule Canal.

DWR shall complete the following objectives.

Objective #1: Provide enhanced fish passage opportunities for federally listed and State-listed salmonids and green sturgeon during and immediately following a Fremont Weir overtopping event.

Objective #2: Reduce fish stranding in the Fremont Weir Wildlife area.

Objective #3: Improve fish passage at agricultural road crossings in Tule Canal

RECLAMATION INVOLVEMENT

Substantial involvement on the part Reclamation is anticipated for the successful completion of the objectives to be funded by this award. In particular, Reclamation will be responsible for the following:

• Collaborate with the Recipient during project planning and implementation.

• Work with the Recipient to finalize environmental documentation and obtain permits, including providing technical and policy reviews and direction on federal requirements and regulations.

• Coordinate with the Recipient on biological and engineering support for project designs. Provide survey, design, and biological services as needed.

SINGLE-SOURCE JUSTIFICATION

DEPARTMENT OF THE INTERIOR

SINGLE SOURCE POLICY REQUIREMENTS

Department of the Interior Policy (505 DM 2) requires a written justification which explains why competition is not practicable for each single-source award. The justification must address one or more of the following criteria as well as discussion of the program legislative history, unique capabilities of the proposed recipient, and cost-sharing contribution offered by the proposed recipient, as applicable.

In order for an assistance award to be made without competition, the award must satisfy one or more of the following criteria:

(1) Unsolicited Proposal – The proposed award is the result of an unsolicited assistance application which represents a unique or innovative idea, method, or approach which is not the subject of a current or planned contract or assistance award, but which is deemed advantageous to the program objectives;

(2) Continuation – The activity to be funded is necessary to the satisfactory completion of, or is a continuation of an activity presently being funded, and for which competition would have a significant adverse effect on the continuity or completion of the activity;

(3) Legislative intent – The language in the applicable authorizing legislation or legislative history clearly indicates Congress’ intent to restrict the award to a particular recipient of purpose;

(4) Unique Qualifications – The applicant is uniquely qualified to perform the activity based upon a variety of demonstrable factors such as location, property ownership, voluntary support capacity, cost-sharing ability if applicable, technical expertise, or other such unique qualifications;

(5) Emergencies – Program/award where there is insufficient time available (due to a compelling and unusual urgency, or substantial danger to health or safety) for adequate competitive procedures to be followed.

Reclamation did not solicit full and open competition for this award based the following criteria:

(4) UNIQUE QUALIFICATIONS

Single Source Justification Description:

Maninder Bahia, DWR Program Manager, and his staff in the Yolo Bypass Habitat Restoration Branch, Division of Environmental Services, are uniquely qualified to carry out these particular objectives of the Fremont Weir Adult Fish Passage Modification Project focused on improving the adult fish passage at the weir with a goal of increasing populations of listed salmonids and sturgeon. Through a similar weir improvement project conducted by DWR, they have gained specialized skill, knowledge, and expertise to engage in this design and implementation of construction of the Fremont Weir project. This substantial body of knowledge and expertise in conducting the fish passage modification project is necessary to successfully improve the adult fish passage. DWR has been responsible for design and engineering specifications related to the project, in coordination with Reclamation and other state and Federal agencies. DWR is also the lead State agency involved in carrying out planning-level activities and implementation of RPA Action I.7, activities to reduce migratory delays and mortalities of federally listed fish species within the Yolo Bypass as well as existing CEQA/NEPA compliance requirements.

STATUTORY AUTHORITY

Central Valley Project Improvement Act (CVPIA), Public Law 102-575, Title XXXIV Section 3406 (b)(1) and Section 3407 (e):

(b) Fish and Wildlife Restoration Activities.--The Secretary, immediately upon the enactment of this title, shall operate the Central Valley Project to meet all obligations under state and federal law, including but not limited to the federal Endangered Species Act, 16 U.S.C. s 1531, et seq., and all decisions of the California State Water Resources Control Board establishing conditions on applicable licenses and permits for the project. The Secretary, in consultation with other State and Federal agencies, Indian tribes, and affected interests, is further authorized and directed to:

(1) Develop within three years of enactment and implement a program which makes all reasonable efforts to ensure that, by the year 2002, natural production of anadromous fish in Central Valley rivers and streams will be sustainable, on a long-term basis, at levels not less than twice the average levels attained during the period of 1967-1991; Provided, That this goal shall not apply to the San Joaquin River between Friant Dam and the Mendota Pool, for which a separate program is authorized under subsection 3406(c) of this title; Provided further, That the programs and activities authorized by this section shall, when fully implemented, be deemed to meet the mitigation, protection, restoration, and enhancement purposes established by subsection 3406(a) of this title; And provided further, That in the course of developing and implementing this program the Secretary shall make all reasonable efforts consistent with the requirements of this section to address other identified adverse environmental impacts of the Central Valley Project not specifically enumerated in this section.

AND

(e) FUNDING TO NON-FEDERAL ENTITIES- If the Secretary determines that the State of California or an agency or subdivision thereof, an Indian tribe, or a nonprofit entity concerned with restoration, protection, or enhancement of fish, wildlife, habitat, or environmental values is able to assist in implementing any action authorized by this title in an efficient, timely, and cost effective manner, the Secretary is authorized to provide funding to such entity on such terms and conditions as he deems necessary to assist in implementing the identified action.