FY 2023 Small Surface Water and Groundwater Storage Funding Opportunity 09122022 v8 pdf 508.pdf

Notice of Funding Opportunity No. R23AS00019

Small Surface Water and

Groundwater Storage Projects

Cover photo: Trinity River in California (Reclamation).

ii

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.

Synopsis iii

Synopsis

Federal Agency Name:

Department of the Interior, Bureau of Reclamation, Policy and Programs

Funding Opportunity

Title:

Small Surface Water and Groundwater Storage Projects

Announcement Type: Notice of Funding Opportunity (NOFO)

Funding Opportunity

Number:

R23AS00019

Catalog of Federal

Domestic Assistance

(CFDA) Number:

15.074

Dates:

(See NOFO Sec. D.4)

Application due date:

December 9, 2022

5 p.m. Mountain Standard Time (MST)

Eligible Applicants:

(See NOFO Sec. C.1)

Sponsors of small surface water and groundwater storage projects located in the Western United States as identified in the Reclamation Act of June 17, 1902 as well as Alaska and Hawaii that have submitted a Feasibility Study to

Reclamation for review by October 31, 2022, and have been determined feasible by the Secretary of Interior by

December 31, 2022.

Recipient Cost Share:

(See NOFO Sec. C.2) 75 percent or more of total project costs.

Federal Funding

Amount:

(See NOFO Sec. B.2)

Up to 25 percent of the total cost of planning, design, and/or construction that will be conducted before

November 15, 2026, up to a maximum of $30 million per project.

Estimated Number of

Agreements to be

Awarded:

(See NOFO Sec. B.4)

Approximately $20 million is available under this program in Fiscal Year 2023. Approximately 1 to 4 awards, depending on the amount requested by each applicant and number of applications.

Intergovernmental

Review:

(See NOFO Sec. D.5)

This NOFO is not subject to Executive Order 12372, “Intergovernmental Review of Federal Programs.” A list of states that have elected to participate in the intergovernmental review process is at https://www.whitehouse.gov/wp-content/uploads/2020/04/SPOC-4-13-20.pdf.

https://www.whitehouse.gov/wp-content/uploads/2020/04/SPOC-4-13-20.pdf https://www.whitehouse.gov/wp-content/uploads/2020/04/SPOC-4-13-20.pdf

Application Checklist iv

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

√ What to submit Required content Form or format

When to submit

Mandatory Federal Forms:

Application for Federal Assistance Budget Information Assurances Disclosure of Lobbying Activities

Project Abstract Summary

See Sec. D.2.2.1 SF-424, SF-424C, SF-424D, SF-LLL, OMB Form 4040-0019 forms may be obtained at www.grants.gov/web/grants/forms/sf-

424family.html

Title Page See Sec. D.2.2.2 Page 10 *

Table of contents See Sec. D.2.2.2 Page 10 *

Technical proposal:

Executive summary

Project description

Evaluation criteria

See Sec. D.2.2.2

See Sec. D.2.2.2

See Sec. E.1

Project Budget:

Funding plan

Budget proposal

Budget narrative

See Sec. D.2.2.3

Environmental and Cultural

Resources Compliance

(recommended)

See Sec. D.2.2.4 Page 18 **

Required Permits or Approvals

(recommended) See Sec. D.2.2.5 Page 19 **

Overlap or Duplication of Effort

Statement (recommended)

See Sec. D.2.2.6 Page 19 **

Letters of Support See Sec. D.2.2.7 Page 19 *

Official Resolutions

(recommended)

See Sec. D.2.2.8 Page 19 **

Conflict of Interest Disclosure

(recommended) See Sec. D.2.2.9 Page 20 **

Uniform Audit Reporting

Statement (recommended)

See Sec. D.

2.2.10

Page 20 **

* Submit materials with the application.

** Document should be submitted with the application; however, please refer to the applicable section of the NOFO for extended submission date.

*** Should be completed prior to the application deadline; however, please refer to the applicable section of the

NOFO for extended completion date.

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

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Acronyms and Abbreviations vi

Acronyms and Abbreviations

ASAP Automated Standard Application for Payments

ARC Application Review Committee

BIL

CE

Bipartisan Infrastructure Law

Categorical Exclusion

CEC Categorical Exclusion Checklist

CFDA Catalog of Federal Domestic Assistance

CFR

CWA

Code of Federal Regulations

Clean Water Act

Department U.S. Department of the Interior

EA/FONSI Environmental Assessment/Finding of No Significant Impact

EIS

ESA

FAIR

Environmental Impact Statement

Endangered Species Act

Financial Assistance Interior Regulation

FAPIIS Federal Award Performance Integrity Information System

FOIA Freedom of Information Act

FY

IIJA

fiscal year

Infrastructure Investments and Jobs Act

MST Mountain Standard Time

NEPA National Environmental Policy Act

NHPA National Historic Preservation Act

NOAA National Oceanic and Atmospheric Administration

NOFO

OMB

Notice of Funding Opportunity

Office of Management and Budget

OM&R operations, maintenance, and replacement

PL Public Law

Project small water storage project

Reclamation Bureau of Reclamation

ROD Record of Decision

SAM

SPOC

System of Award Management

State Point of Contact

Title XVI

UEI

Title XVI Water Reclamation and Reuse Program

Unique Entity Identifier

U.S.C. United States Code

USFWS U.S. Fish and Wildlife Service

WaterSMART Sustain and Manage America’s Resources for Tomorrow vii viii

Contents Mission Statements ............................................................................................................................................ ii

Synopsis .............................................................................................................................................................. iii

Application Checklist ........................................................................................................................................ iv

Acronyms and Abbreviations .......................................................................................................................... vi

Section A: Funding Opportunity Description

A.1. Authority

A.2. Background, Purpose, and Program Requirements

A.3. Other Funding Opportunities

Section B: Award Information

B.1. Total Funding

B.2. Award Amount

B.3. Anticipated Announcement and Federal Award Date

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 Requirements

C.2.1. Cost-Share Regulations

C.2.2. Third-Party Contributions

C.3. Other

C.4. Eligible Projects

C.4.1. Eligible Projects

C.4.2. Ineligible Projects

C.4.3. Length of Projects

Section D: Application and Submission Information

D.1. Address to Request Application Package

D.2. Content and Form of Application Submission

D.2.1. Application Format and Length

D.2.2. Application Content

D.3. Unique Entity Identifier and System for Award Management

D.3.1. Register with the System for Award Management (SAM) file:///C:/Users/eharris/Downloads/DRAFT%20FY%202022%20Small%20Surface%20and%20Groundwater%20Storage%20Funding%20Opportunity%20OMB%20review%200912022%20v7%20for%20MSO.docx%23_Toc113368979 ix

D.3.2. Obtain a UEI Number

D.4. Submission Date and Time

D.4.1. Application Delivery Instructions

D.4.2. Instructions for Submission of Project Application

D.5. Intergovernmental Review

D.6. Funding Restrictions:

D.6.1. Indirect Costs

D.6.2. Pre-award Costs

Section E. Application Review Information

E.1. Technical Proposal: Evaluation Criteria

E.1.1. Evaluation Criterion 1—Water Supply Reliability (35 points)

E.1.2. Evaluation Criterion 2—Water Management Flexibility (16 points)

E.1.3. Evaluation Criterion 3— Rural and Economically Disadvantaged Communities (10 points)

E.1.4. Evaluation Criterion 4—Stakeholder Support (9 points)

E.1.5. Evaluation Criterion 5—Economic Benefits (30 points)

E.2. Review and Selection Process

E.2.1. Initial Screening

E.2.2. Feasibility Study Review

E.2.3. Application Review Committee Review

E.2.4. Red-Flag Review

E.2.5. Managerial Review

E.2.6. Pre-Award Clearances and Approvals

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

F.2.1. Automated Standard Application for Payments Registration

F.2.2. Environmental and Cultural Resources Compliance

F.2.3. Reclamation Administrative Costs

F.2.4. Geospatial Data and Data Tools

F.2.5. Intangible Property (2 CFR §200.315)

F.2.6. Freedom of Information Act x

F.2.7. Real Property, 2 CFR §200.311

F.2.8. Buy America Domestic Procurement Preference

F.2.9. Additional Bipartisan Infrastructure Law Requirements: Wage Rate Requirements

(Davis-Bacon Act)

F.3. Reporting Requirements and Distribution

F.3.1. Financial Reports

F.3.2. Interim Performance Reports

F.3.3. Final Performance Report

F.4. Disclosures

F.4.1. Conflict of Interest

F.4.2. Review Procedures

F.4.3. Other Mandatory Disclosures

F.4.4. Reporting Matters Related to Recipient Integrity and Performance

F.5. Data Availability

F.6. Releasing Applications

Section G: Federal Awarding Agency Contact(s)

G.1. Reclamation Financial Assistance Contact

G.2. Reclamation Program Coordinator Contact

G.3. Application System Technical Support

Section H: Other Information

H.1. Environmental and Cultural Resource Considerations

H.2. National Environmental Policy Act

H.3. National Historic Preservation Act

H.4. Endangered Species Act xi

Section C: Eligibility Information

Section A: Funding Opportunity Description

A.1. Authority

This Notice of Funding Opportunity (NOFO) is issued under the authority of The Infrastructure

Investments and Jobs Act, Section 40903 of Title IX—Western Water Infrastructure, Public Law

117-58. The Infrastructure Investments and Jobs Act is commonly referred to as the Bipartisan

Infrastructure Law (BIL).

A.2. Background, Purpose, and Program Requirements

The U.S. Department of the Interior, through the Bureau of Reclamation, administers the Small

Surface and Groundwater Storage Program (Small Storage Program) to promote Federal assistance to enhance water storage opportunities for future generations in support of the Department’s priorities. Reclamation leverages Federal and non-Federal funding to support stakeholder efforts to stretch scarce water supplies and avoid conflicts over water.

Congress enacted the BIL on November 15, 2021. Title IX—Western Water Infrastructure was enacted to address water storage infrastructure that is critical to the Nation’s economic growth, health, and competitiveness. Section 40903 authorizes Reclamation to provide funding for small surface water storage and groundwater storage projects.

Surface water and groundwater storage are essential tools in stretching the limited water supplies in the Western United States. Water storage projects enhance and make more reliable municipal and irrigation water supplies as well as provide opportunities to enhance groundwater management abilities and to provide water quality improvements and ecosystem benefits. These projects will provide Western communities with new sources of water and increase water management flexibility, making water supply more reliable. Water storage projects help water managers increase resilience to climate change and are directly aligned with Executive Order (EO) 14008, Tackling the Climate

Crisis at Home and Abroad, see www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executiveorder-on-tackling-the-climate-crisis-at-home-and-abroad. Further, EO 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal

Government, calls on agencies to advance equity through identifying and addressing barriers to equal opportunities across policies and programs, including grant opportunities. Water storage projects are an important part of Reclamation and the Department’s priorities.

The objective of this NOFO is to invite sponsors of small surface water and groundwater storage projects (projects) to request cost-shared funding for the planning, design, and/or construction of those projects.

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/

A.3. Other Funding Opportunities

WaterSMART: Title XVI Congressionally Authorized Water Reclamation and Reuse

Projects—Through this separate NOFO, funding is available for planning, design, and construction of congressionally authorized Title XVI Projects.

WaterSMART: Title XVI Water Infrastructure Improvements for the Nation Water

Reclamation and Reuse Projects—Through this separate NOFO, funding is available for planning, design, and construction of Title XVI Projects and desalination projects that are eligible under Section 4009(c) of the Water Infrastructure Improvements for the Nation Act.

WaterSMART Grants: Water and Energy Efficiency Grants—Financial assistance is provided, on a 50/50 cost share basis for projects that conserve and use water more efficiently; increase the production of hydropower; mitigate conflict risk in areas at a high risk of future water conflict; and accomplish other benefits that contribute to water supply reliability in the Western United States.

WaterSMART Drought Response Program—Through this separate NOFO, funding is available for Drought Resiliency Projects that will build long-term resilience to drought and reduce the need for emergency response actions.

For information on the timing for these NOFOs, please visit the WaterSMART Program website:

www.usbr.gov/watersmart.

Native American Affairs Technical Assistance Program—Funding is available for technical assistance for Federally recognized Tribes to develop, manage, and protect their water and related resources. For more information on the timing for this opportunity, please visit the Native

American Affairs program website: https://www.usbr.gov/native/programs/TAPprogram.html.

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

Section B: Award Information

Section B: Award Information

B.1. Total Funding

This NOFO will be used to allocate Fiscal Year (FY) 2023 appropriations available through section

40901(1) of the BIL, which is approximately $20 million for small surface water and groundwater storage projects eligible under section 40903 of the BIL. Applicants that are identified for BIL funding will need to meet additional requirements, including Buy American and Wage Rate

Requirements (Davis-Bacon Act). This NOFO may be amended during the application period to provide additional details about these requirements. Reclamation will work with selected recipients to address these requirements.

B.2. Award Amount

Maximum Award: $20,000,000

Minimum Award: $0

The Federal share (i.e., Reclamation’s share), of any small surface water or groundwater storage project under section 40903 of Title IX—Western Water Infrastructure, including any funding provided as a result of this NOFO, shall not exceed the lesser of 25 percent of the total project cost or $30 million.

Eligible applicants are invited to request funding for planning, design, and/or construction of projects. This may include work planned through November 15, 2026, or completed work that was conducted after the enactment of the BIL on November 15, 2021. Although the evaluation criteria listed in this NOFO will be applied to the project as a whole, funding requests submitted under this

NOFO must be based on the expenditures planned to be incurred by November 15, 2026, up to a maximum of $30 million per project.

All costs incurred by Reclamation related to the development and administration of any award under this NOFO are considered part of the total project costs, and the recipient will be required to provide cost share for these costs. All Reclamation administrative costs will also be included in the

Federal cost share for the project.

B.3. Anticipated Announcement and Federal Award Date

Anticipated Award Date: June 20, 2023

Reclamation expects to contact potential award recipients and unsuccessful applicants in the spring of 2023.

Anticipated Project Completion Date: November 15, 2026

B.4. Number of Awards

The number of awards is expected to be approximately between one and four, depending on the amount requested by each applicant and the amount of funding available.

B.5. Type of Award

Awards will be made through a grant or cooperative agreement as applicable to the selected project.

If a grant is awarded, the recipient should expect oversight and monitoring; however, the Federal government is not directly involved in the project.

If a cooperative agreement is awarded, the recipient should expect Reclamation to have substantial involvement in the project. Substantial involvement by Reclamation may include:

• 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 (Note: The development and administration of an award under this NOFO is not considered substantial involvement), and

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

B.6. Technical Assistance

At the request of the recipient, Reclamation can provide technical assistance after the award of an agreement. If the recipient would like to receive Reclamation technical assistance, they must account for these costs in their budget. To discuss available assistance and these costs, contact the program coordinator identified in Section G, Agency Contacts.

Section C: Eligibility Information

C.1. Eligible Applicants

Applicants eligible to receive an award under this NOFO include sponsors of small surface water and groundwater storage projects in the 17 Western States, including Alaska and Hawaii, that have submitted a Feasibility Study to Reclamation for review by October 31, 2022, and for which the study is found to meet all of the requirements of CMP TRMR (Temporary Reclamation Manual

Release)-127, Small Surface Water and Groundwater Storage Projects Feasibility Review Process by December

31, 2022.

In general, eligible applicants are State, local, other public institution/organization, Federally

Recognized Indian Tribal governments, and Native American organizations.

C.2. Cost Sharing Requirements

Applicants must be capable of cost sharing 75 percent or more of the total project costs. 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 are 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.2.2.7, Letters of Support, and Section D.2.2.8, Official Resolution, 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 PL

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 or the Federal funding will be counted toward the 25 percent Federal cost share for the project. Please identify any other Federal funding received for the 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 the Electronic Code of

Federal Regulations (eCFR) at www.ecfr.gov.

https://www.usbr.gov/recman/temporary_releases/cmptrmr-127.pdf https://www.usbr.gov/recman/temporary_releases/cmptrmr-127.pdf http://www.ecfr.gov/

C.2.2. Third-Party Contributions

Third-party 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. 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, may not be relied on to satisfy the cost-share requirement for an award under this NOFO. 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.

C.3. Other

Excluded Parties. Reclamation conducts a review of the SAM.gov Exclusions Database for all applicant entities and their key project personnel prior to award, finding that ineligibility conditions 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

C.4.1. Eligible Projects

Projects eligible for funding under this NOFO include planning, design, and construction of small surface water and groundwater storage facilities. In order to be eligible for funding under this

NOFO, the project must meet the following requirements.

• The project must be constructed, operated, and maintained by an eligible applicant, or the project must be sponsored by an eligible applicant. To sponsor a project, the eligible applicant must contribute funding for a sufficient portion of the capital construction costs of the project within the timeframe of this NOFO consistent with the law.

• The project must have a completed feasibility study that has been submitted to Reclamation for review by October 31, 2022, and for which the study is found to meet all of the requirements of CMP TRMR-127 by December 31, 2022. If a feasibility study has been reviewed by Reclamation and found to meet the requirements of TRMR CMP-127, but the review findings have not yet been transmitted to Congress, Reclamation will transmit those findings to Congress either before project selections are made or concurrently with project selections. Eligibility does not entitle a project to any future Federal funding or create a new project authorization.

• The project must be located in the Western United States as identified in the Reclamation

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

• The project must be ready to proceed once a financial assistance agreement is in place.

http://www.ecfr.gov/ http://www.ecfr.gov/ https://sam.gov/content/exclusions https://sam.gov/content/exclusions https://sam.gov/content/exclusions https://www.usbr.gov/recman/temporary_releases/cmptrmr-127.pdf

• An eligible project must have water storage capacity of not less than 2,000 acre-feet and not more than 30,000 acre-feet, and o increase surface water or groundwater storage, or o convey water, directly or indirectly, to or from surface water or groundwater storage.

• The project must increase yield, on average, above existing conditions to identified beneficiaries and the environment.

Eligibility does not entitle a project to any future Federal funding or create a new project authorization.

C.4.2. Ineligible Projects

Projects not eligible for funding under this NOFO include, but are not limited to:

• projects that convey water without a surface water or groundwater storage enhancement component.

• projects that do not have a completed feasibility study that includes the information required by CMP TRMR-127 that has been submitted to Reclamation by October 31, 2022, and for which the study is found to meet all of the requirements of CMP TRMR-127 by December 31, 2022.

• projects that are not constructed, operated, and maintained by an eligible entity and do not include a substantial financial contribution to capital construction costs by an eligible entity during the time period of this NOFO.

• projects that have already received funding under another Reclamation funding opportunity, including the Drought Response Program.

• projects focused on water conservation (such as canal lining or piping to conserve water) are eligible for funding under Reclamation’s WaterSMART Water and Energy Efficiency Grants and are not eligible for funding under this NOFO.

• operations, maintenance, and replacement (OM&R) activities. 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, but are not limited to:

o replacing malfunctioning components of an existing facility with the same components, o improving an existing facility to operate as originally designed, and o performing an activity on a recurring basis, even if that period is extended (e.g., 10-year interval).

Applicants that have questions regarding OM&R are encouraged to contact the program coordinator listed in Section G, Agency Contacts, prior to the application deadline for further information.

C.4.3. Length of Projects

The BIL limits funding to work on projects that is planned or underway between November 15, 2021 and November 15, 2026. However, no funding will be provided for work conducted on any project prior to the authorization of this program.

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 the applicant is unable to access this information electronically, one can request paper copies of any of the documents referenced in this NOFO by emailing the Notice of Funding Opportunity

Team staff at sha-dro-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 total application package shall be no more than 75 consecutively numbered pages. If an application exceeds 75 pages, only the first 75 pages will be evaluated. The font shall be at least 12 points in size and easily readable. Page size shall be 8.5 by 11 inches with standard 1-inch margins, including charts, maps, and drawings. Oversized pages will not be accepted. The SF-424 forms, SF-

LLL, letters of project support, and official resolution(s) will not be considered in the total page count.

Note: Do not include feasibility studies or other planning documents with the application.

Study leads should submit small surface water and groundwater storage feasibility study reports to the appropriate Reclamation regional or area office, per paragraph 4.A.1. of CMP

TRMR 127.

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 must include the following elements to be considered complete:

• Mandatory Federal Forms Note: applications submitted by consultants must contain an SF-

424 and SF-424D that is manually signed by an authorized representative of the entity applying.

o SF-424 Application for Federal Assistance (Sec D.2.2.1.)

o SF-424C Budget Information—Construction Programs (Sec D.2.2.1.)

o SF-424D Assurances—Construction Programs (Sec D.2.2.1.)

o Certification Regarding Lobbying (Office of Management and Budget (OMB) Form

4040-0013) (Sec D.2.2.1.)

o SF-LLL Disclosure of Lobbying Activities (if applicable Certification Regarding

Lobbying) (Sec D.2.2.1.)

o Project Abstract Summary (OMB Number 4040-0019) (Sec D.2.2.1.)

These forms may be obtained at www.grants.gov/web/grants/forms/sf-424-family.html.

• title page (Sec D.2.2.2.)

• table of contents (Sec D.2.2.2.)

• technical proposal and evaluation criteria (limited to 75 pages) (Sec D.2.2.2.)

o executive summary (Sec D.2.2.2.)

o technical project description (Sec D.2.2.2.)

o evaluation Criteria (Sec D.2.2.2.)

• project budget (Sec D.2.2.3.)

o funding plan and letters of commitment (Sec D.2.2.3.)

o budget proposal (Sec D.2.2.3.)

o budget narrative (Sec D.2.2.3.)

• environmental and cultural resources compliances (Sec D.2.2.4.)

• required permits or approvals (Sec D.2.2.5.)

• overlap or duplication of effort statement (Sec D.2.2.6)

• letters of support (Sec D.2.2.7)

• official resolution (Sec D.2.2.8)

• conflict of interest Disclosure (Sec D.2.2.9)

• uniform audit reporting statement (Sec D.2.2.10)

To facilitate fair and timely reviews by the Application Review Committee (ARC), it is highly recommended that application packages be structured in the order identified above.

D.2.2.1. Mandatory Federal Forms

The application must include the following standard Federal forms. Questions regarding forms should be referred to the Financial Assistance Point of Contact under Section G.1 “Reclamation

Financial Assistance Contact.”

SF-424 Application for Federal Assistance

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.

Applications that fail to submit a SF-424 will be considered ineligible and will not pass initial screening.

SF-424C Budget Information

A fully completed SF-424C must be submitted with the application. Applications that fail to submit a SF-424C will be considered ineligible and will not pass initial screening.

SF-424D Assurances

An SF-424D Assurances—Construction Programs, signed by a person legally authorized to commit the applicant to performance of the project shall be included. Failure to submit a properly signed SF-

424D may result in the elimination of the application from further consideration. Applications that fail to submit a properly signed SF-424D will be considered ineligible and will not pass initial screening.

Certification Regarding Lobbying (OMB Form 4040-0013)

Applicants must provide a certification regarding lobbying for Contracts, Grants. Loans, and

Cooperative Agreements, and disclosures pursuant to 43 CFR Part 18 and 31 USC §1352. Non-

Federal entities are strictly prohibited from using funds under a grant or cooperative agreement for lobbying. Applications that fail to submit a certification regarding lobbying form will be considered ineligible and will not pass initial screening.

SF-LLL Disclosure of Lobbying Activities (if applicable)

A fully completed and signed SF-LLL: Disclosure of Lobbying Activities form 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.

This form cannot be submitted by a contractor or other entity on behalf of an applicant.

Project Abstract Summary

A fully completed Project Abstract Summary (OMB Form 4040-0019) must be submitted with the application. The Project Abstract Summary should include the purpose of the project, the activities to be performed, the expected deliverables or outcomes, the intended beneficiaries, and any subrecipient activities, if known. Projects that fail to submit a Project Abstract Summary Form will be considered ineligible and will not pass initial screening.

D.2.2.2. Technical Proposal Content

Submission of a technical proposal is mandatory. Applications that fail to fully disclose this information will be considered ineligible and will not pass initial screening.

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, email address, and telephone of the project manager.

Table of Contents

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

Technical Proposal and Evaluation Criteria

The technical proposal and evaluation criteria must include an:

• executive summary,

• technical project description, and

• evaluation criteria.

Executive Summary

The executive summary should include:

• the date, applicant name, city, county, and State,

• a one-paragraph summary of the work for which funding is being requested, including how funds will be used to accomplish specific project activities.

Technical Project Description

The technical project description should describe the project in its entirety. This description shall have sufficient detail to permit a comprehensive evaluation of the proposal.

Evaluation Criteria

The evaluation criteria portion of the application should thoroughly address each criterion and subcriterion in the order presented to assist in the complete and accurate evaluation of the proposal. The evaluation criteria should be applied to the entire project.

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

It is suggested that applicants copy and paste the evaluation criteria and subcriteria 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 project budget must be included, and it must include the following elements:

• funding plan

• letters of commitment

• budget proposal

• budget narrative

The project budget may include costs for planning, design, and/or construction of the project incurred through November 15, 2026, or completed work that was conducted after the enactment of the BIL on November 15, 2021. The BIL limits funding to work on projects that is planned or underway between November 15, 2021 and November 15, 2026. However, no funding will be provided for work conducted on any project prior to the authorization of this program.

Please note that the costs for preparing and applying 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.

Funding Plan and Letters of Commitment

Describe how the non-Federal share of project costs will be provided. Reclamation will use this information in making a determination of financial capability.

Project funding provided by a source other than the applicant shall be supported with letters of commitment from these additional sources. Letters of commitment shall identify the following elements:

• the amount of funding commitment,

• the date the funds will be available to the applicant,

• any time constraints on the availability of funds, and

• any other contingencies associated with the funding commitment.

Commitment letters from third party funding sources should be submitted with the application. If commitment letters are not available at the time of the application submission, please provide a timeline for submission of all commitment letters. 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.

Reclamation will not make funds available for an award under this NOFO until the recipient has secured non-Federal cost share. Reclamation will execute a financial assistance agreement once non-

Federal funding has been secured or Reclamation determines that there is sufficient evidence and likelihood that non-Federal funds will be available to the applicant subsequent to executing the agreement.

Note: Applicants are not required to have non-Federal cost-share funding secured for the entire project at the time of award. Applicants must demonstrate sufficient evidence that non-Federal cost share for the initial Federal obligation will be available at the time of award and must describe a plan and schedule for securing the remaining non-Federal cost-share funding for the project. Providing sufficient evidence that the non-Federal cost share will be available to complete the project is a requirement of the BIL.

• Please identify the sources of the non-Federal cost share contribution for the project, including: any monetary contributions by the applicant towards the cost-share requirement and source of funds (e.g., reserve account, tax revenue, and/or assessments),

• any costs that will be contributed by the applicant,

• any third-party contribution costs (i.e., goods and services provided by a third party),

• any cash requested or received from other non-Federal entities, and

• any pending funding requests (i.e., grants or loans) that have not yet been approved and explain how the project will be affected if such funding is denied.

In addition, please identify whether the budget proposal includes any project costs that have been or may be incurred prior to award. For each cost, describe:

• the project expenditure and amount,

• the date of cost incurrence, and

• how the expenditure benefits 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 Funding Sources

Funding Sources Amount

Non-Federal Entities

1.

2.

3.

Non-Federal Subtotal

Requested Reclamation Funding

Budget Proposal

Submission of a budget proposal is mandatory. Applications that fail to fully disclose this information will be considered ineligible and will not pass initial screening. 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. The budget proposal should include detailed information on the categories listed below and must clearly identify all project costs, 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. Unit costs must be provided for all budget items, including the cost of services or other work to be provided by consultants and contractors. Applicants are strongly encouraged to review the procurement standards for Federal awards found at 2 CFR §200.317 through §200.326 before developing their budget proposal.

It is also strongly advised that applicants use the budget proposal format shown in Table 2 or a similar format that provides this information. If selected for award, successful applicants must submit detailed supporting documentation for all budgeted costs.

Table 2. Sample Budget Proposal Format

Budget Item Description Computation

Quantity Type

Total Cost $/Unit Quantity

Salaries and Wages

Employee 1 $

Employee 2 $

Employee 3 $

Fringe Benefits

Full-Time Employees $

Part-Time Employees $

Travel

Trip 1 $

Trip 2 $

Equipment

Item A $

Item B $

Budget Item Description Computation Quantity

Type Total Cost $/Unit Quantity

Supplies and Materials

Item A $

Item B $

Contractual/Construction

Contractor A $

Contractor B $

Third-party Contributions

Contributor A $

Contributor B $

Other

Other $

Total Direct Costs $

Indirect Costs

Type of rate percentage $base $

Total Estimated Project Costs

Budget Narrative

Submission of a budget narrative is mandatory. Applications that fail to fully disclose this information will be considered ineligible and will not pass initial screening. The budget narrative provides a discussion of, or explanation for, items included in the budget proposal. The types of information to describe in the narrative include, but are not limited to, those listed in the following subsections. The information in the narrative should include, but is not limited to, that identified in the Budget Narrative Guidance attached to this NOFO. Applicants may elect to use the Budget

Detail and Narrative spreadsheet 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 eCFR (www.ecfr.gov).

Salaries and Wages

Indicate the program manager and other key personnel by name and title. The project manager must be an employee or board member of the applicant. Other personnel should be indicated by title alone. For all positions, indicate salaries and wages, estimated hours or percent of time, and rate of compensation. The labor rates must identify the direct labor rate separate from the fringe rate or fringe cost for each position. All labor estimates must be allocated to specific tasks as outlined in the applicant’s technical project description. Labor rates and proposed hours shall be displayed for each task.

The budget proposal and narrative should include estimated hours for compliance with reporting requirements, including final project and evaluation. Please see Section F.3, Reporting Requirements and

Distribution, for information on types and frequency of reports required.

Generally, salaries of administrative and/or clerical personnel will be included as a portion of the stated indirect costs. If these salaries can be adequately documented as direct costs, they should be included in this section; however, a justification should be included in the budget narrative.

Fringe Benefits

Identify the rates/amounts, what costs are included in this category, and the basis of the rate computations. Federally approved rate agreements are acceptable for compliance with this item.

Travel

Identify the purpose of each anticipated trip, destination, number of persons traveling, length of stay, and all travel costs including airfare (basis for rate used), per diem, lodging, and miscellaneous travel expenses. For local travel, include mileage and rate of compensation. Note: travel costs incurred by contractors should not be included in this section, but these costs can be included in the contract cost estimate.

Equipment

If equipment will be purchased, itemize all equipment valued at or greater than $5,000. For each item, identify why it is needed for the completion of the work proposed for funding and how the equipment was priced. Note: If the value is less than $5,000, the item should be included under materials and supplies.

If equipment is being rented, specify the number of hours and the hourly rate. Local rental rates are only accepted for equipment actually being rented or leased.

If the applicant intends to use their own equipment for the purposes of the project, the proposed usage rates should fall within the equipment usage rates outlined by the United States Army Corps of Engineers within their Construction Equipment Ownership and Operating Expense Schedule (EP 1110-1-

8) at www.publications.usace.army.mil/USACE-

Publications/EngineerPamphlets/u43545q/313131302D312D38. Note: If the equipment will be purchased and installed under a construction contract, the equipment should be included in the construction contract cost estimate.

Supplies

Itemize supplies by major category, unit price, quantity, and purpose, such as whether the items are needed for office use, research, or construction. Identify how these costs were estimated (i.e., quotes, past experience, engineering estimates, or other methodology). Note: If the materials/supplies will be furnished and installed under a construction contract, the equipment should be included in the construction contract cost estimate.

http://www.publications.usace.army.mil/USACE-Publications/Engineer-Pamphlets/u43545q/313131302D312D38 http://www.publications.usace.army.mil/USACE-Publications/Engineer-Pamphlets/u43545q/313131302D312D38 http://www.publications.usace.army.mil/USACE-Publications/Engineer-Pamphlets/u43545q/313131302D312D38 http://www.publications.usace.army.mil/USACE-Publications/Engineer-Pamphlets/u43545q/313131302D312D38

Contractual

Identify all work that will be accomplished by subrecipients, consultants, or contractors, including a breakdown of all tasks to be completed, and a detailed budget estimate of time, rates, supplies, and materials that will be required for each task. For each proposed contract, identify the procurement method that will be used to select the consultant or contractor and the basis for selection. Please note that all contracts with an anticipated value of $10,000 or more must use a competitive procurement method. Only contracts for architectural/engineering services can be awarded using a qualifications-based procurement method. If a qualifications-based procurement method is used, profit must be negotiated as a separate element of the contract price. See 2 CFR §200.317 through

§200.327 for additional information regarding procurements, including required contract content.

Third-Party Contributions

Identify all work that will be accomplished by third-party contributors, including a breakdown of all tasks to be completed, and a detailed budget estimate of time, rates, supplies, and materials that will be required for each task. Third-party contributions, including contracts, must comply 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.

Environmental and Regulatory Compliance Costs

Prior to awarding financial assistance, Reclamation must first ensure compliance with Federal environmental and cultural resources laws and other regulations (“environmental compliance”).

Every project funded under this program will have environmental compliance costs associated with activities undertaken by Reclamation and the recipient.

To estimate environmental compliance costs, please contact compliance staff at the local

Reclamation Office for additional details regarding the type and costs of compliance that may be required for the project. Note: Support for the compliance costs estimate will be considered during review of the application. See Section G, Agency Contacts, of this NOFO for a list of Reclamation staff by region to contact regarding compliance costs and requirements.

Environmental compliance costs are considered project costs and must be included as a line item in the project budget and will be cost shared accordingly. The amount of the line item should be based on the actual expected environmental compliance costs for the project, including Reclamation’s cost to review environmental compliance documentation. Environmental compliance costs will vary based on project type, location, and potential impacts to the environment and cultural resources.

How environmental compliance activities will be performed (e.g., by Reclamation, the applicant, or a consultant) and how the environmental compliance funds will be spent, will be determined pursuant to subsequent agreement between Reclamation and the applicant. The amount of funding required for Reclamation to conduct any environmental compliance activities, including

Reclamation’s cost to review environmental compliance documentation, will be withheld from the

Federal award amount and placed in an environmental compliance account to cover such costs. If any portion of the funds budgeted for environmental compliance is not required for compliance activities, such funds may be reallocated to the project, if appropriate.

Costs associated with environmental and regulatory compliance must be included in the budget.

Compliance costs include costs associated with any required documentation of environmental compliance, analyses, permits, or approvals. Applicable Federal environmental laws could include the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), National

Historical Preservation Act (NHPA), the Clean Water Act (CWA), and other regulations depending on the project. Such costs may include, but are not limited to:

• the cost incurred by Reclamation to determine the level of environmental compliance required for the project,

• the cost incurred by Reclamation, the recipient, or a consultant to prepare any necessary environmental compliance documents or reports,

• the cost incurred by Reclamation to review any environmental compliance documents prepared by a consultant, and

• the cost incurred by the recipient in acquiring any…