NOFO-NAAP TA-FY22 (R22AS00015)-FINAL-FOR POSTING-6Jul21.pdf

U.S. Department of the Interior April 2021

Notice of Funding Opportunity No. R22AS00015

Native American Affairs:

Technical Assistance to Tribes for

Fiscal Year 2022

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: 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 make the benefits of the Reclamation program available to Indian Tribes and to fulfill Reclamation’s Indian Trust responsibilities.

Notice of Funding Opportunity No. R22AS00015

Native American Affairs:

Technical Assistance to Tribes for

Fiscal Year 2022 prepared by

Bureau of Reclamation

Native American and International Affairs Office

Cover Image: Meandering Stream. (Reclamation)

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Synopsis iii

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 2022

Announcement Type: Notice of Funding Opportunity (NOFO)

Funding Opportunity Number: R22AS00015

Catalog of Federal Domestic

Assistance (CFDA) Number:

15.519

Dates:

(See NOFO Sec. D.4)

Application due date:

Wednesday, October 20, 2021, at 4:00 p.m. Mountain Daylight Time

Eligible Applicants:

(See NOFO Sec. C.1)

Federally recognized Indian tribes or tribal organizations in the 17 Western States identified in the Reclamation Act of June 17, 1902 including 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.1)

Up to $200,000 per applicant for a project that can be completed within two fiscal years

Estimated Number of Agreements to be Awarded:

(See NOFO Sec. B.1)

Approximately 5-10 projects per fiscal year contingent on available appropriations.

Application Checklist v

Application Checklist

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

What to

Submit

Required

Content

Form or

Format

When to

Submit

Mandatory Federal Forms:

Application for Federal

Financial Assistance

Budget Information

Assurances

Disclosure of Lobbying

Activities

See Sec. D.2.2.1 SF-424, SF-424A, SF-424B, SF-424D, and SF-LLL forms may be obtained at www.grants.gov/web/grants/forms/sf-424-family.html

Title page See Sec. D.2.2.2 *

Table of contents See Sec. D.2.2.3 *

Technical proposal: *

Executive summary See Sec. D.2.2.4 *

Background data See Sec. D.2.2.4 *

Project description See Sec. D.2.2.4 *

Evaluation criteria See Sec. E.1 *

Project Budget: *

Funding plan See Sec. D.2.2.5 *

Budget proposal See Sec. D.2.2.5 Page 12 *

Budget narrative See Sec. D.2.2.5 *

Environmental and cultural resources compliance

See Sec. D.2.2.6 *

Required permits or approvals

See Sec. D.2.2.7 *

Letters of support See Sec. D.2.2.8 *

Official Resolutions See Sec. D.2.2.9 **

Unique Entity Identifier and

System for Award

Management

See Sec. D.3 Page 20 ***

* Submit materials with your application.

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

*** Should be completed by application deadline; however, please refer to the applicable section of the NOFO for extended completion date.

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

Acronyms and Abbreviations vii

Acronyms and Abbreviations

ASAP Automated Standard Application for Payments

ARC Application Review Committee

BIA Bureau of Indian Affairs

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

EIS Environmental Impact Statement

ESA Endangered Species Act

FAPIIS Federal Award Performance Integrity Information System

FEMA Federal Emergency Management Agency

FONSI Finding of No Significant Impact

FY fiscal year

NEPA National Environmental Policy Act

NHPA National Historic Preservation Act

NOFO Notice of Funding Opportunity

P.L. Public Law

Reclamation Bureau of Reclamation

SAM System of Award Management

SPOC Single Point of Contact

TAP Technical Assistance Program

U.S.C. United States Code

USFWS U.S. Fish and Wildlife Service

USGS U.S. Geological Survey

WaterSMART Sustain and Manage America’s Resources for Tomorrow

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

Section B. Award Information

B.1. Total Project Funding B.2. Project Funding Limitations B.3. Environmental and Cultural Resources Compliance B.4. Assistance Instrument

Section C. Eligibility Information

C.1. Eligible Applicants C.2. Cost Sharing Requirements C.3. Eligible Projects

Section D. Application and Submission Information

D.1. Address to Request Application Package D.2. Content and Form of Application Submission D.3. Unique Entity Identifier and System for Award Management D.4. Submission Date and Time D.5. Intergovernmental Review D.6. Automated Standard Application for Payments Registration

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 F.3. Reporting—Requirements and Distribution F.4. Conflicts of Interest F.5. Data Availability F.6. Releasing Applications

Section G. Agency Contacts

G.1. Reclamation Financial Assistance Contact G.2. Reclamation Program Coordinator Contact

Section H. Other Information

H.1. Environmental and Cultural Resource Considerations H.2. Background on Federal Environmental and Cultural Resource Laws

Table of Contents x

Tables page

1.—Sample Budget Proposal Format

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

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 Indian tribes and tribal organizations. The TAP establishes cooperative working relationships, through partnerships with Indian tribes and tribal organizations, 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 FY 2022 funds available for the TAP through Reclamation’s six Regional Offices.

For further information on the TAP please visit:

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

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

The objective of this NOFO is to invite federally recognized Indian tribes and tribal organizations 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, P. L. 108-7 (43 USC 373d) authorizes Reclamation to enter into financial assistance agreements with Indian tribes and tribal organizations to increase opportunities to develop, manage, and protect tribal water and related resources.

https://www.usbr.gov/native/programs/techasst_activities_tap.html

Section B: Award Information

Section B. Award Information

B.1. Total Project Funding

Reclamation will determine the final amount of funding available for award under this NOFO once final FY 2022 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 $2.0 million will be available in FY 2022.

B.2. Project Funding Limitations

Multiple applications for funding may be submitted for consideration (for example, an applicant may submit more than one application in any FY). However, no more than $200,000 will be awarded in any FY 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 the award.

The Federal funding amount per award will not exceed $200,000.

B.3. Environmental and Cultural Resources Compliance

All projects selected for funding under this NOFO will be required to comply with Federal environmental and cultural resources laws and other regulations. Projects funded under this NOFO may require the completion of an Environmental Assessment (EA) under the National Environmental Policy Act (NEPA), which can be costly. Please consider this when developing your project budget. See Section D.2.2.5 Project Budget for additional information.

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

Section B: Award Information

• 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, Agency Contacts.

Section C: Eligibility Information

Section C. Eligibility Information

C.1. Eligible Applicants

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

• A federally recognized Indian tribe or tribal organization, as defined in 25 U.S.C. 5304; and

• 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/.

https://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.

C.3. Eligible Projects

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.

• 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.

• 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 Public Law (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 Length of Projects

Proposed project activities should be completed within 2 years of award.

Reclamation will determine the capability of an applicant to complete the proposed project within the timeframe identified in the application.

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 Notice of Funding Opportunity 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

The application must include the following elements to be considered complete:

• Mandatory Federal Forms o SF-424 Application for Federal Assistance o SF-424A Budget Information o SF-424 Assurances (B or D Form, as applicable to the project) o SF-LLL Disclosure of Lobbying Activities (if applicable)

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

• Title page

• Table of contents

• Technical proposal and evaluation criteria (limited to 20 pages) o Executive summary o Background data o Technical project description o Evaluation criteria

• Project budget o Budget proposal o Budget narrative o Funding plan and letters of commitment for third party contributions

• Environmental and cultural resources compliance

• Required permits or approvals

• Letters of Project Support

• Official Resolution

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:

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.

Failure to submit a properly signed SF-424 may result in the elimination of the application from further consideration.

SF-424 Budget Information

A fully completed SF-424A Budget Information Non-Construction Programs must be submitted with the application.

SF-424 Assurances

A SF-424B Assurances Non-Construction Programs, or an SF-424D Assurances Construction Programs signed by a person legally authorized to commit the applicant to performance of the project shall be included. Questions regarding whether to use the SF-424B or SF-424D form should be emailed to the Notice of Funding Opportunity staff at bor-sha-fafoa@usbr.gov. Failure to submit a properly signed SF-424B or SF-424D may result in the elimination of the application from further consideration.

mailto:bor-sha-fafoa@usbr.gov

SF-LLL Disclosure of Lobbying Activities

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.

D.2.2.2. 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.

D.2.2.3. Table of Contents

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

D.2.2.4. Technical Proposal and Evaluation Criteria

The technical proposal and evaluation criteria (20 pages maximum) include:

(1) Executive summary

(2) Background data

(3) Technical project description

(4) Evaluation criteria

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.

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 subcriterion and points associated with each.)

The evaluation criteria portion of your application should thoroughly address each criterion and subcriterion 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 subcriteria in Section E.1. Technical Proposal: Evaluation Criteria into their applications to ensure that all necessary information is adequately addressed.

D.2.2.5. Project Budget

The project budget includes:

(1) Budget proposal

(2) Budget narrative

(3) Letters of commitment, when applicable

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 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.

In no case will costs incurred prior to August 1, 2021, be considered for inclusion in the proposed project budget.

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. In addition, budget proposals must not include costs for the purchase of water or land, or to secure an easement other than a construction easement. These costs are not eligible project costs under this NOFO.

Budget Proposal

The Total Project Cost is the sum of all allowable items of costs, including voluntary committed contributions, 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 contributions by the applicant (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 §200.327 before developing their budget proposal.

It is also strongly advised that applicants use the budget proposal format shown below in Table 1 or a similar format that provides this information. If selected for award, successful applicants must submit detailed supporting documentation for all budgeted costs.

Table 1.—Sample Budget Proposal Format

TOTAL ESTIMATED PROJECT COSTS $

Budget Narrative

Submission of a budget narrative is mandatory. An award will not be made to any applicant who fails to fully disclose this information. 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. Costs, including the valuation of in-kind contributions and donations, must comply with the applicable cost principles contained in 2 CFR Part §200, available at www.ecfr.gov.

Salaries and Wages.—Indicate the program manager and other key personnel by name and title.

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 category. 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 contractual cost estimate.

Equipment.—If equipment will be purchased as part of the project, itemize all equipment valued at or greater than $5,000. For each item, identify why it is needed for the completion of the Project 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/Engineer- Pamphlets/u43545q/313131302D312D38/.

Note: If the equipment will be furnished and installed under a construction contract, the equipment should be included in the construction contract cost estimate.

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

Materials and 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, invoices from a previous similar project, engineering estimates, or other methodology). Note: If the items will be furnished and installed under a construction contract, the materials/supplies should be included in the construction contract cost estimate.

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 (see 2 CFR §200.320 – Methods of procurement to be followed).

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 In-Kind 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 in-kind contributions, including contracts, must comply with all applicable administrative and cost principles criteria, established in 2 CFR 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 TAP will have environmental compliance costs associated with activities undertaken by Reclamation and the recipient.

To estimate environmental compliance costs, please contact compliance staff at your local Reclamation Office for additional details regarding the type and costs of compliance that may be required for your project. Note, support for your compliance costs estimate will be considered during review of your 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.

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

• The cost incurred by the recipient in acquiring any required approvals or permits, or in implementing any required mitigation measures

Other Expenses.—Any other expenses not included in the above categories shall be listed in this category, along with a description of the item and why it is necessary. Profit and fees are not allowable.

Indirect Costs.—Indirect costs that will be incurred during the development or construction of a project, which will not otherwise be recovered, may be included as part of the applicant’s project budget. Show the proposed rate, cost base, and proposed amount for allowable indirect costs based on the applicable cost principles for the recipient’s organization. It is not acceptable to simply incorporate indirect rates within other direct cost line items.

Any non-Federal entity that does not have a current negotiated (including provisional) rate, except for those non-Federal entities described in appendix VII to 2 CFR §200, paragraph D.1., may elect to charge a de minimis rate of 10% of modified total direct costs (MTDC) which may be used indefinitely. Capital expenditures and equipment costs cannot be included in the base when using the de minimis rate. For further information on MTDC, refer to 2 CFR §200.68 available at www.ecfr.gov.

If the applicant does not have a federally approved indirect cost rate agreement and is proposing a rate greater than the de minimis 10 percent rate, include the computational basis for the indirect expense pool and corresponding allocation base for each rate. Information on “Preparing and Submitting Indirect Cost Proposals” is available from the Department’s Interior Business Center, Office of Indirect Cost Services, at www.doi.gov/ibc/services/finance/indirect-cost-services.

https://www.ecfr.gov/cgi-bin/ECFR?page=browse http://www.doi.gov/ibc/services/finance/indirect-cost-services

Total Costs.—Indicate total amount of project costs, including the Federal and non-Federal cost share amounts.

Funding Plan and Letters of Commitment

If voluntary contributions, including third-party contributions, are necessary to complete the project, describe how the non-Federal share of project costs will be obtained. Reclamation will use this information in determining financial capability to implement the project.

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

• The amount of funding commitment or value of services

• The date the funds will be available to the applicant

• Any time constraints on the availability of funds or services

• Any other contingencies associated with the funding or services commitment

Commitment letters from third-party contribution sources should be submitted with your application. If commitment letters are not available at the time of the application submission, please provide a timeline for submission of all commitment letters. Contributions from sources outside the applicant’s organization (e.g., loans or State grants), should be secured and available to the applicant prior to award.

If tribal or third-party contributions are necessary to complete the project, Reclamation will not make funds available for an award under this NOFO until the recipient has secured the contributions. Reclamation will execute a financial assistance agreement once tribal or third-party contributions have been secured or Reclamation determines that there is sufficient evidence and likelihood that these contributions will be available to the applicant subsequent to executing the agreement.

Please describe the sources of contribution for the project, including:

• Any monetary contributions by the applicant or third parties.

• Any “in-kind” contributions by the applicant or third parties such as labor, services, equipment, or material.

• Any funding requested or received from non-Federal entities.

• Any pending funding requests that have not yet been approved and explain how the project will be affected if such funding is denied.

In addition, please identify any project costs that have been or may be incurred prior to award that you would like to be considered for approval as a pre-award project cost. For each cost, describe:

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

Note: Approval of pre-award costs is at the discretion of the awarding Grants Officer. The Grants Officer must determine that the proposed pre-award costs meet the applicable administrative and cost principles criteria established in 2 CFR 200, available at www.ecfr.gov, including, but not limited to, the procurement standards (2 CFR

§§200.317 through 200.327) and contract cost and price (2 CFR §200.324).

Please include the following chart (Table 2) to summarize all funding sources. Denote in-kind contributions with an asterisk (*).

Table 2.—Summary of Non-Federal and Federal Funding Sources

FUNDING SOURCES AMOUNT

Non-Federal Entities

1.

2.

3.

Non-Federal Subtotal

Other Federal Entities

1.

2.

3.

Other Federal Subtotal

REQESTED RECLAMATION FUNDING

D.2.2.6. Environmental and Cultural Resources Compliance

Please answer the questions from Section H.1. Environmental and Cultural Resource Considerations in this section.

D.2.2.7. Required Permits or Approvals

Applicants must state in the application whether any permits or approvals are required and explain the plan for obtaining such permits or approvals.

Note that improvements to Federal facilities that are implemented through any project awarded funding through this NOFO must comply with additional requirements. The Federal government will continue to hold title to the Federal facility and any improvement that is integral to the existing operations of that facility. Please see P.L. 111-11, Section 9504(a)(3)(D). Reclamation may also http://www.ecfr.gov/ require additional reviews and approvals prior to award to ensure that any necessary easements, land use authorizations, or special permits can be approved consistent with the requirements of 43 CFR Section 429, and that the development will not impact or impair project operations or efficiency.

D.2.2.8. 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.2.2.9 Official Resolution

Include 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. If the applicant is unable to submit the official resolution by the application deadline because of the timing of board meetings or other justifiable reasons, the official resolution may be submitted to bor-sha-fafoa@usbr.gov up to 30 days after the application deadline.

D.2.2.10. Prohibition on Certain Telecommunication and Video Surveillance Services or

Equipment

Federal award recipients are prohibited from using government funds to enter contracts (or extend or renew contracts) with entities that use covered telecommunications equipment or services as described in §889 of the 2019 National Defense Authorization Act. This prohibition applies even if the contract is not intended to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services.

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

All applicants (unless the applicant has an exception approved by Reclamation under 2 CFR §25.110[d]) are required to:

(i) Be registered in the System for Award Management (SAM) before submitting its application;

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

(iii) 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.

Meeting the requirements set forth above is mandatory. If the applicant is unable to obtain a unique entity identifier or complete registration by the application deadline, the unique entity identifier must be obtained, and SAM registration must be initiated within 30 days after the application deadline in order to be considered for selection and award. Reclamation will not make a Federal award to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements.

D.4. Submission Date and Time

The application deadline is:

Wednesday, October 20, 2021, 4:00 p.m. Mountain Daylight Time

Proposals received after the application deadline indicated above will not be considered unless it can be 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 Grants.gov profile (e.g., incorrect organizational representative), uploading documents to Grants.gov, or an applicant SAM registration are not considered technical issues with the Grants.gov system.

Please note that any application submitted for funding under this NOFO may be subjected to a Freedom of Information Act request (5 USC Section 552, as amended by P.L. No. 110-175), and as a result, may be made publicly available. Following awards of funding, Reclamation will post all successful applications on the Reclamation website, after conducting any redactions determined necessary by Reclamation, in consultation with the recipient.

D.4.1. Application Delivery Instructions

The application may be submitted electronically through Grants.gov (www.grants.gov) or a hard copy may be submitted to either one of the following addresses. Under no circumstances will applications received through any other method (such as email or fax) be considered eligible for award.

By mail or USPS overnight services:

http://www.grants.gov/ http://www.grants.gov/

Bureau of Reclamation Financial Assistance Operations Branch

Attn: NOFO Team P.O. Box 25007, MS 84-27133 Denver, CO 80225

All other express delivery and courier services:

Bureau of Reclamation mail services

Attn: NOFO Team (MS 84-27133)

Denver Federal Center

Bldg. 67, Rm. 152

6th Avenue and Kipling Street

Denver, CO 80225

D.4.2. Instructions for Submission of Project Application

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

D.4.2.1. Applications Submitted by Mail, Express Delivery or Courier Services

Please follow these instructions to submit your application by mail, express delivery, or courier services.

• Applicants should submit one copy of all application documents for hardcopy submissions.

Only use a binder clip for documents submitted. Do not staple or otherwise bind application documents.

• Hard copy applications may be submitted by mail, express delivery, or courier services to the addresses identified in this NOFO.

• Materials arriving separately will not be included in the application package and may result in the application being rejected or not funded. This does not apply to letters of support, funding commitment letters, or official resolutions.

• Faxed and emailed copies of application documents will not be accepted.

• Do not include a cover letter or company literature/brochure with the application. All pertinent information must be included in the application package.

D.4.2.2. Applications Submitted Electronically

If the applicant chooses to submit an electronic application, it must be submitted through Grants.gov (www.grants.gov). Proposals received through Grantsolutions will not be accepted.

Reclamation encourages applicants to submit their applications for funding electronically through the URL: www.grants.gov/applicants/apply-for-grants.html. Applicant resource documents and a http://www.grants.gov/ http://www.grants.gov/ https://www.grants.gov/applicants/apply-for-grants.html http://www.grants.gov/applicants/apply-for-grants.html full set of instructions for registering with Grants.gov (www.grants.gov). and completing and submitting applications online are available at: www.grants.gov/applicants/apply-for-grants.html.

Please note that submission of an application electronically 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.

Regardless of the delivery method used, you must ensure that your proposal arrives by the date and time deadline stated in this NOFO. Applications received after this date and time due to weather or express delivery/courier performance will not be considered for award.

Late applications will not be considered unless it is determined that the delay was caused by Reclamation mishandling or by a problem with the Grants.gov application system.

Please note that difficulties related to an applicant’s organizational representative or other issues with an applicant’s Grants.gov account are not considered problems with the Grants.gov system.

D.4.2.3. Acknowledgement of Application Receipt.

If an application is submitted by mail, express delivery, or courier, Reclamation will notify you in writing that your application was received.

If an application is submitted through Grants.gov, you will receive an email acknowledging receipt of the application from Grants.gov.