NOFO R23AS00465 Desalination Construction Projects WIIN_FINAL 9-28-2023.pdf

-BUREAU OF -

RECLAMATION

Notice of Funding Opportunity No. R23AS00465

WaterSMART:

Desalination Construction Projects Under the WIIN Act for Fiscal Years 2023 and 2024

U.S. Department of the Interior September 2023

Mission Statements The U.S. Department of the Interior protects and manages the Nation’s natural resources and cultural heritage; provides scientific and other information about those resources;

honors its trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated Island Communities.

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

Cover Photo – Water Replenishment District of Southern California, Groundwater Reliability Improvement Program.

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

Planning Office Funding Opportunity Title: WaterSMART: Desalination Construction Projects Under the WIIN Act for

Fiscal Years 2023 and 2024 Announcement Type: Notice of Funding Opportunity (NOFO) Funding Opportunity Number: No. R23AS00465 Assistance Listing Number: 15.504 Application Due Dates:

(See NOFO Sec. D.4)

This Rolling NOFO will have two Application Submittal Periods with a final closing on September 30, 2024. The due dates for each closing period are:

1) First Application Submittal Period due date is December 7, 2023, at 4:00 p.m. Mountain Standard Time (MST).

2) Second and Final Application Submittal Period due date is September 30, 2024, 4:00 p.m. MDT. Applications received after December 7, 2023, 4:00 p.m. MST and before September 30, 2024, 4:00 p.m. MDT, will be considered for the Second Submittal Period.

Eligible Applicants:

(See NOFO Sec. C.1)

Sponsors of seawater or brackish water desalination projects eligible to receive financial assistance to fund activities under this NOFO include state or local sponsors, which may include but is not limited to:

• States, Indian Tribes, municipalities, irrigation districts, water districts, wastewater districts; and

• State, regional, or

• Other organization with water or power delivery authority.

All applicants MUST be located in one of the following States: Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming.

Recipient Cost-Share:

(See NOFO Sec. C.2)

A non-Federal cost-share of 75% or more of total project costs

Federal Funding Amount:

(See NOFO Sec. B.1)

Up to $30 million per project but shall not exceed 25% the total cost of planning, design, and/or construction completed after the date of Reclamation’s feasibility study review findings within three years of the application’s submittal period deadline.

Estimated Number of Agreements to be Awarded:

(See NOFO Sec. B.1)

Up to a total of 10 awards for both application periods, depending on the amount requested by each applicant and the amount of Federal funding made available.

Intergovernmental Review:

(See NOFO Sec. D.5)

An intergovernmental review may be required for applications submissions from a U.S. state or local government prior to submission.

Applicants must contact their State’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372.

https://www.reaganlibrary.gov/archives/speech/executive-order-12372-intergovernmental-review-federal-programs

This page is intentionally left blank.

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

Mandatory Application Components: Required Content Page

Mandatory Federal forms:

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

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

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

See section D.2.2.1 p.16

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

See section D.3 p.22

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

See section D.2.2.2 p.16

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

See section D.2.2.3 p.18

Recommended Application Components: Required Content Page

Environmental and cultural resources compliance See section D.2.2.4 p.19

Required permits or approvals See section D.2.2.5 p.19

Overlap or duplication of effort statement See section D.2.2.6 p.19

Conflict of interest disclosure statement See section D.2.2.7 p.19

Uniform audit reporting statement See section D.2.2.8 p.20

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

See section D.2.2.9 p.21

Letters of Support See section D.2.2.10 p.21

This page is intentionally left blank.

Acronyms and Abbreviations

ARC Application Review Committee ASAP Automated Standard Application for Payments

BIL Bipartisan Infrastructure Law

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 (also DOI)

EIN Employer Identification Number EIS Environmental Impact Statement E.O. Executive Order ESA Endangered Species Act

FAIN Federal Award Identification Number FAPIIS Federal Award Performance Integrity Information System FGDC Federal Geospatial Data Committee FOIA Freedom of Information Act FONSI Finding of No Significant Impact FY Fiscal Year

GIS Geographic Information System

IBC Interior Business Center

MDT Mountain Daylight Time MST Mountain Standard Time

NAICS North American Industry Classification System NEPA National Environmental Policy Act NHPA National Historic Preservation Act NOAA National Oceanic and Atmospheric Administration NOFO Notice of Funding Opportunity NRCS Natural Resources Conservation Service

OM&R Operations, Maintenance, and Replacement OMB Office of Management and Budget

P.L. Public Law PSC Product Service Code

Reclamation Bureau of Reclamation

SAM System for Award Management SF Standard Form SPOC Single Point of Contact

TAP Technical Assistance Program

UEI Unique Entity Identifier U.S.C. United States Code USFWS United States Fish and Wildlife Service

WaterSMART Sustain and Manage America’s Resources for Tomorrow West Western United States WIIN Water Infrastructure Improvements for the Nation

Contents Page

Section A. Funding Opportunity D escription A.1. Authority A.2. Background and Program Requirements A.3. Notice of Funding Opportunity Purpose and Objectives A.4. Other Related Funding Opportunities

Section B. Award Information B.1. Total Funding B.2. Expected Award Amount B.3. Expected Award Funding and Anticipated Dates B.4. Number of Awards B.5. Type of Award B.6. Technical Assistance

Section C. Eligibility Infor mation C.1. Eligible Applicants C.2. Cost Sharing or Matching C.3. Other C.4. Eligible Projects C.5. Ineligible Projects

Section D . Application and Submission Information D.1. Address to Request Application Package D.2. Content and Form of Application Submission D.3. Unique Entity Identifier (UEI) and System for Award Management (SAM) D.4. Submission Date and Time D.5. Intergovernmental Review D.6. Funding Restrictions

Section E. Application Review Information E.1. Evaluation Criteria E.2. Review and Selection Process E.3. Federal Award Performance Integrity Information System E.4. Anticipated Announcement and Federal Award Dates

Section F. Federal Award Administration Information F.1. Federal Award Notices F.2. Administrative and National Policy Requirements F.3. Reporting Requirements and Distribution F.4. Disclosures F.5. Data Availability (2 CFR §1402.315) F.6. Freedom of Information Act

Section G. Federal Awarding Agency Contact(s) G.1. Reclamation Financial Assistance Contact G.2. Reclamation Program Coordinator Contact

Section H. Other Information H.1. Environmental and Cultural Resource Considerations H.2. Endangered Species Act i

This page is intentionally left blank.

Section A. Funding Opportunity Description

A.1 Authority This Notice of Funding Opportunity (NOFO) is issued under the authority of the Water Desalination Act of 1996, Public Law (P.L.) 104-298, as amended by section 4009(a) of Title II, Subtitle J of the Water Infrastructure Improvements for the Nation (WIIN) Act, P.L. 114-322.

A.2 Background and Program Requirements The U.S. Department of the Interior’s (Department) WaterSMART (Sustain and Manage America’s Resources for Tomorrow) Program provides a framework for Federal leadership and assistance to stretch and secure water supplies for future generations in support of the Department’s priorities. Through WaterSMART, the Bureau of Reclamation (Reclamation) leverages Federal and non-Federal funding to support stakeholder efforts to stretch scarce water supplies and avoid conflicts over water.

The WIIN Act was enacted in December 2016 to address water resources infrastructure that is critical to the Nation’s economic growth, health, and competitiveness. Section 4009(a) of Subtitle J of WIIN includes amendments to the Water Desalination Act of 1996 that authorize Reclamation to provide funding for construction of desalination projects.

Desalination is an essential tool in stretching the limited water supplies in the Western United States. Desalination projects develop and supplement municipal and irrigation water supplies through the treatment of ocean or brackish water, thereby providing a local supply, providing flexibility during water shortages, and diversifying the water supply portfolio. These projects provide growing communities with new sources of clean water and increase water management flexibility, making water supplies more reliable. Desalination Construction Projects also provide support for priorities identified in Presidential Executive Order (E.O.) 14008: Tackling the Climate Crisis at Home and Abroad and aligned with other priorities, such as those identified in E.O. 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. WaterSMART Desalination Construction Projects will advance the Biden- Harris Administration’s Justice40 Initiative. Established by E.O. 14008, the Justice40 Initiative has made it a goal that 40 percent of the overall benefits of certain federal investments, such as climate, clean energy, and other areas, flow to disadvantaged communities.1 Desalination projects are an important part of the Department’s WaterSMART Program. For further information on the WaterSMART Program, see www.usbr.gov/watersmart/.

1 For more information, see E.O. 14008, Tackling the Climate Crisis at Home and Abroad (Jan. 27, 2023), https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad;

Justice40 Initiative, www.whitehouse.gov/environmentaljustice/justice40/.

http://www.usbr.gov/watersmart/ https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad http://www.whitehouse.gov/environmentaljustice/justice40/

Notice of Funding Opportunity No. R23AS00465

A.3 Notice of Funding Opportunity Purpose and Objectives The objective of this Notice of Funding Opportunity (NOFO) is to invite sponsors of eligible seawater and brackish water desalination projects to request cost-shared funding for planning, design, and/or construction of those projects.

A.4 Other Related Funding Opportunities

• WaterSMART: Title XVI WIIN Act Water Reclamation and Reuse Projects: Through this NOFO, funding is available for planning, design, and construction of Title XVI Projects eligible under Section 4009(c) of the WIIN Act.

• WaterSMART: Title XVI Congressionally Authorized Water Reclamation and Reuse Projects: Through this NOFO, funding is available for planning, design, and construction of congressionally authorized Title XVI Projects.

• WaterSMART: Large-Scale Water Recycling Projects: Through this NOFO, funding is available for planning, design, and construction of water recycling projects that have a total project cost greater than or equal to $500 million.

• Desalination and Water Purification Research and Development: Laboratory and Pilot Scale Projects—Through this NOFO, funding is available for laboratory and pilot scale research studies to determine the viability of a novel process, new materials, or process modifications in conjunction with individuals, institutions of higher education, commercial or industrial organizations, private entities, public entities (including state and local), and Indian Tribal governments.

• Desalination and Water Purification Research and Development: Pitch to Pilot— Through this NOFO, funding is available to develop innovative and disruptive new technologies or processes at the pilot scale with the goal to augment water supplies and address costs, energy usage, and environmental impacts of water treatment technologies.

• WaterSMART Drought Response Program: Drought Resiliency Projects: Through this NOFO, funding is available for projects that increase the reliability of water supplies or improve water management to build long term resilience to drought. Eligible projects include constructing small-scale water reuse systems where total estimated project costs are less than $20 million.

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

Section A. Funding Opportunity Description

For information on the funding opportunities listed above, visit the WaterSMART Program website at www.usbr.gov/waterSMART, the Desalination and Water Purification Research Program website at www.usbr.gov/research/dwpr/index.html, or the Native American Affairs Program Technical Assistance Program website at www.usbr.gov/native/programs/ TAPprogram.html.

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

This page is intentionally left blank.

Section B: Award Information

B.1 Total Funding This NOFO will be used to allocate up to $52 million in available funding under the Bipartisan Infrastructure Law (BIL), P.L. 117-58 in fiscal year (FY) 2022, 2023, and 2024. FY 2023 appropriations also include $12 million for WIIN Act Desalination Construction Projects. Funds made available for infrastructure projects are subject to the Buy America Act. Please see Section F.2.6 Application of Buy America Preference and Section F.2.7 Additional BIL Requirements for additional information regarding the Buy America preference as well as Wage Rate Requirements (Davis Bacon Act).

All awards are subject to a determination by Reclamation that appropriations and/or BIL funds are available. Additional projects may be funded under this NOFO if additional funding becomes available in FY 2024 or subsequently.

B.2 Expected Award Amount Maximum Award: Up to $30 Million per project. Federal Award Amount is based on a max of

25% of the expected total project cost.

Minimum Award: $0

The Federal share (i.e., Reclamation’s share in addition to any other sources of Federal funding), of any desalination project under Section 4009(a) of the WIIN Act, including any funding provided as a result of this NOFO, shall not exceed 25 percent of the total project cost, up to a maximum of $30 Million per project.

Eligible applicants are invited to request funding for planning, design, and/or construction of projects. Although the evaluation criteria listed in this NOFO will be applied to the project as a whole, proposals submitted under this NOFO may only include costs incurred after the date of Reclamation’s feasibility determination, and within three years from the application deadline for each submittal period under this NOFO.

Applicants may include work:

• Planned within three years of the application’s submittal period deadline. For example, if an application is submitted on December 7, 2023, work planned through December 7, 2026, may be included; and

• Eligible costs submitted for consideration must be for work conducted after the date of Reclamation’s feasibility study review findings for the project.

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

B.3 Expected Award Funding and Anticipated Dates Reclamation expects to contact potential award recipients and unsuccessful applicants in May2024 for the first application period and April 2025 for the second and final application period. The anticipated award and completion dates are as follows:

1) First Application Submittal Period, closing date is December 7, 2023

• Anticipated notification of successful/unsuccessful applicants: May 2024

• Anticipated Award Date: September 2024

• Anticipated Project Completion Date: December 2026

2) Second and Final Application Submittal Period, closing date is September 30, 2024

• Anticipated notification of successful/unsuccessful applicants: April 2025

• Anticipated Award Date: September 2025

• Anticipated Project Completion Date: November 2027

Additional potential award recipients will be announced after more applications are evaluated under the subsequent application submittal periods. It is anticipated that awards will be made approximately six months after selections are announced with the project period ending approximately two years after awards are made.

B.4 Number of Awards Up to a total of 10 awards for both application periods, depending on the amount requested by each applicant and the amount of Federal funding made available.

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

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

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

Section B. Award Information

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

This page is intentionally left blank.

Section C: Eligibility Information

C.1 Eligible Applicants Sponsors of seawater and brackish water desalination projects eligible to receive financial assistance to fund activities under this NOFO include state or local sponsors:

• States, Indian Tribes, municipalities, irrigation districts, water districts, wastewater districts; and

• Any state, regional, or

• Other organization with water or power delivery authority.

All applicants MUST be located in one of the following States: Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming.

C.2 Cost Sharing or Matching 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 include the value of non-cash contributions of property or services that benefit the federally assisted project and are contributed by non-Federal third parties, without charge. Cost-share funding from sources outside the applicant’s organization (e.g., loans or state grants) should be secured by and available to the applicant prior to award. Please see Section D.2.2.11 Official Resolution and Section D.2.2.12 Letters of Commitment for more information regarding the documentation required to verify commitments to meet cost sharing requirements.

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

https://D.2.2.12 https://D.2.2.11

C.2.1 Cost Share Regulations

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

C.2.2 Third-Party In-Kind Contributions

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

C.3 Other

C.3.1 Multiple Applications

Multiple applications for funding may be submitted for consideration under this funding opportunity, provided that the project scopes are not duplicative. In general, if an applicant is seeking funding for multiple project components, and the components are interrelated or closely related (e.g., projects that are physically and geographically linked), the applicant should combine these in one application. However, if the projects are only loosely related, an applicant should submit them as separate applications.

C.3.2 Excluded Parties

Reclamation conducts a review of the SAM.gov Exclusions database for all applicant entities and their key personnel prior to award and ineligibility condition apply to this Federal program.

If entities or key 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 Projects eligible for funding under this NOFO include planning, design, and construction of facilities to desalinate seawater or brackish surface water or groundwater. In order to be eligible for funding under this NOFO, the Project must meet the following requirements:

http://www.ecfr.gov/ https://sam.gov/content/exclusions

Section C: Eligibility 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 substantial portion of the capital construction costs of the Project within the timeframe of this NOFO.

• To be eligible for funding under this NOFO, the project must have a completed feasibility study submitted to Reclamation for review by November 7, 2023, for applications submitted under the first submittal period and by August 30, 2024, for applications submitted under the second submittal period. Completed feasibility studies must be found by Reclamation to meet all of the requirements of WTR 11-01 by February 7, 2024, for applications submitted under the first submittal period and by November 29, 2024, for applications submitted under the second submittal period. I f a feasibility study has been reviewed by Reclamation and found to meet the requirements of WTR 11-01, 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.

• The project must be located in one of the following States: Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming.

• The Project must be included in a state-approved plan. The plan and documentation of state approval must be included with the proposal or submitted to Reclamation prior to the application deadline for this NOFO. In the alternative, if the Project is not included in a state-approved plan, Federal participation in the Project must have been requested by the Governor of the state in which the eligible desalination project is located. The applicant must submit documentation sufficient for Reclamation to make this determination along with their proposal prior to the application deadline. The state-approved plan or Governor’s request will not count toward the page limitation noted in Section D.2. Content and Form of Application Submission.

C.5 Ineligible Projects

C.5.1 Projects not eligible for funding under this NOFO include,:

• Projects that reclaim or reuse municipal, industrial, domestic, or agricultural wastewater.

• Desalination projects that include water recycling components, such as municipal, industrial, or agricultural wastewater reuse, or treatment of impaired water supplies where primary targeted contaminants for removal are not brackish or ocean water.

https://www.usbr.gov/recman/wtr/wtr11-01.pdf

• Projects that do not have a completed feasibility study that includes the information required by Reclamation Manual Directives and Standards WTR 11-01 that has been submitted to Reclamation by November 7, 2023, for applications submitted under the first submittal period and by August 31, 2024, for applications submitted under the second submittal period.

• Projects that have a Reclamation reviewed feasibility study that Reclamation determined did not meet the requirements of WTR 11-01.

• Development of feasibility studies to meet the requirements Reclamation’s Directives and Standards WTR 11-01.

• 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.

• Lab-scale research, piloting, or demonstration research focused on the development and commercialization of new advanced water treatment technology, such as studies currently proposed or funded under Reclamation’s Desalination and Water Purification Research Program.

• Projects that have a project-specific congressional authorization.

• Projects that have already received funding under the WaterSMART Drought Response Program.

• 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:

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

o Improving an existing facility to operate as originally designed.

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

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

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

Section C: Eligibility Requirements o Replacing leaky pipes with new pipes of the same type.

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.

This page is intentionally left blank.

Section D: Application and Submission Information

D.1 Address to Request Application Package This document contains all the information, forms, and electronic addresses required to submit an application. If you are unable to access the electronic application forms in Grants.gov, you can request application forms referenced in this NOFO electronically by emailing Chandrika Nasstrom, Grants Management Specialist at cnasstrom@usbr.gov.

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

D.2.1 Application Format and Length

The technical proposal and criteria section (defined below) shall be limited to a maximum of 40 consecutively numbered pages. If this section of the application exceeds 40 pages, only the first 40 pages will be evaluated. The full application, including attachments, cannot exceed 125 pages. If the application exceeds 125 pages, only the first 125 pages will be considered in the evaluation.

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

Oversized pages will not be accepted.

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

D.2.2 Application Content

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

Applications will be screened for completeness and compliance with the provisions of this funding opportunity. A complete application must include all the items identified as Mandatory Application Components in the Application Checklist. Any application which fails to include these items will be deemed ineligible and will not be considered for funding.

mailto:cnasstrom@usbr.gov https://Grants.gov

Following awards of funding, Reclamation may post successful applications on the Reclamation website, www.usbr.gov/watersmart after conducting any redactions determined necessary by Reclamation, in consultation with the successful applicant. See Section F.2.6. Freedom of Information Act.

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.

Mandatory Federal Forms Note: Applications submitted by consultants must contain an SF-424 and SF-424B that is manually signed by an authorized representative of the entity applying. These forms are available at www.grants.gov/web/grants/forms/sf-424-family.html.

D.2.2.1.1 SF-424: Application for Federal Assistance A fully completed SF-424: Application for Federal Assistance form 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 include a SF-424by the submission deadline will be considered ineligible and will not pass initial screening.

If you request more than $100,000 in Federal funding, you must certify that all statements in 43 CFR Part 18, Appendix A-Certification Regarding Lobbying are true. The Authorized Official’s signature on the appropriate SF-424, Application for Federal Assistance form represents the entity’s certification of the statements in 43 CFR Part 18, Appendix A.

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

SF-424A or SF-424C Budget Information Form.

A fully completed SF-424A Budget Information – Nonconstruction Programs or SF-424C Budget Information – Construction Programs must be submitted with the application.

Failure to submit an SF-424A or SF-424C will result in the elimination of the application from further consideration.

SF-424B or SF-424D Assurances Form.

A SF-424B – Assurances – Nonconstruction Programs or SF-424D Assurances – Construction Programs signed by a person legally authorized to commit the applicant to performance of the project must be submitted with the application.

Failure to submit a signed SF-424B or SF-424D will result in the elimination of the application from further consideration.

D.2.2.2 Technical Proposal Submission of a technical proposal (limited to 40 pages) is mandatory and must be received by the application deadline.

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

Section D. Application and Submission Information

While an application will not be removed from consideration if the technical proposal does not address each of the following, it is highly recommended that applicants address each component listed below to ensure that your proposal is competitive.

D.2.2.2.1 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.2.2.2.2 Table of Contents List all major sections of the proposal in the table of contents.

D.2.2.2.3 Executive Summary The executive summary should include:

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

• A one-paragraph project summary that provides the location of the project, a brief description of the work that will be carried out including the specific work for which funding is being requested in this application, any partners involved, concerns in your project area, and how this project is expected to help alleviate impacts of those conditions, and identification of any planning documents that support the project. This information will be used to create a summary of your project for our website if the project is selected for funding.

• State the length of time and estimated completion date for the proposed project (month/year).

• Whether or not the proposed project is located on a Federal facility or will involve Federal land.

D.2.2.2.4 Project Location Provide specific information on the geographic location of the proposed planning area (e.g., watershed, basin, county) or location of the project being designed, including a map showing the geographic location. For example, [project name] is located in [county and state] approximately [distance] miles [direction, e.g., northeast] of [nearest town]. The project latitude is {##°##’N} and longitude is {###°##’W}.

D.2.2.2.5 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. Provide a more comprehensive description of the technical aspects of your project, including the specific activities to be accomplished and the approach to complete the work. The project description should clearly indicate how the Project in its entirety fits within the Reclamation reviewed feasibility study.

D.2.2.2.6 Evaluation Criteria Section E.1. Evaluation Criteria provides a detailed description of each criterion and sub-criterion and points associated with each. The evaluation criteria portion of your application should thoroughly address each criterion and sub-criterion in the order presented to assist in the complete and accurate evaluation of your proposal.

Copying and pasting the evaluation criteria and sub-criteria in Section E.1. Technical Proposal: Evaluation Criteria into your applications is suggested to ensure that all necessary information is adequately addressed.

D.2.2.3 Project Budget The total project cost is the sum of all allowable items of costs, including all required cost sharing and voluntary committed cost sharing, including third-party contributions, that are necessary to complete the project. Please include the following chart (Table 1) to summarize all funding sources. Denote in-kind contributions with an asterisk (*).

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

FUNDING SOURCES AMOUNT

Non-Federal Entities

1. $

2. $

3. $

Non-Federal Subtotal $

REQUESTED RECLAMATION FUNDING $

Submission of a budget narrative is mandatory. The budget narrative provides detailed information on the items included in the budget Object Class Categories on the SF-424A or Cost Classification categories identified on the SF-424C. The budget narrative must clearly identify all items of cost (total estimated project cost), including those that will be contributed as non-Federal cost share by the applicant (required and voluntary), third-party in-kind contributions, and those that will be covered using the funding requested from Reclamation, and any requested pre-award costs. The types of information to describe in the narrative may include, but are not limited to, those identified in the Budget Narrative Guidance attached to this NOFO (Attachment B). Applicants may elect to use the Budget Detail and Narrative spreadsheet (Attachment A to this NOFO) for their budget narrative. Costs, including the valuation of third-party in-kind contributions, must comply with the applicable cost principles contained in 2 CFR Part 200, available at the electronic CFR (www.ecfr.gov).

https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.ecfr.gov%2F&data=05%7C01%7Cskeiffer%40usbr.gov%7Cf52f1eef1df94c82eecf08db1f5cee76%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C638138256213902305%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2BUa5gT7JbZFStJv7TZ5%2FgOLXrYgMuqfUYoSZg6B1iWI%3D&reserved=0

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

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

D.2.2.4 Environmental and Cultural Resources Compliance You should answer the questions from Section H.1. Environmental and Cultural Resource Considerations in this section.

D.2.2.5 Required Permits or Approvals You should state in the application whether any permits or approvals are necessary 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. Reclamation may also 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.2.2.6 Overlap or Duplication of Effort Statement Applicants should provide a statement that addresses if there is any overlap between the proposed project and any other active or anticipated proposals or projects in terms of activities, costs, or commitment of key personnel. If any overlap exists, applicants must provide a description of the overlap in their application for review.

Applicants should also state if the proposal submitted for consideration under this program does or does not in any way duplicate any proposal or project that has been or will be submitted for funding consideration to any other potential funding source—whether it be Federal or non- Federal. If such a circumstance exists, applicants must detail when the other duplicative proposal(s) were submitted, to whom (Agency name and Financial Assistance program), and when funding decisions are expected to be announced. If at any time a proposal is awarded funds that would be duplicative of the funding requested from Reclamation, applicants must notify the NOFO point of contact or the Program Coordinator immediately.

D.2.2.7 Conflict of Interest Disclosure Statement Per 2 CFR §1402.112, “Financial Assistance Interior Regulation” applicants should state in the application if any actual or potential conflict of interest exists at the time of submission.

Submission of a conflict-of-interest disclosure or certification statement is mandatory prior to issue of an award.

D.2.2.7.1 Applicability This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements.

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

D.2.2.7.2 Notification Non-Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass- through entity in accordance with 2 CFR §200.112.

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

D.2.2.7.3 Restrictions on Lobbying Non-Federal entities are strictly prohibited from using funds under a grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR §18 and 31 USC §1352.

D.2.2.7.4 Review Procedures The Financial Assistance Officer will examine each conflict-of-interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it. Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR §200.339, Remedies for noncompliance, including suspension or debarment (see also 2 CFR §180).

D.2.2.8 Uniform Audit Reporting Statement All U.S. states, local governments, federally recognized Indian Tribal governments, and non-profit organizations expending $750,000 USD or more in Federal award funds in the applicant’s fiscal year must submit a Single Audit report for that year through the Federal Audit Clearinghouse’s Internet Data Entry System . U.S. state, local government, federally recognized Indian Tribal governments, and non-profit applicants must state if your organization was or was not required to submit a Single Audit report for the most recently closed fiscal year. If your organization was required to submit a Single Audit report for the most recently closed fiscal year, provide the Employer Identification Number (EIN) associated with that report and state if it is available through the Federal Audit Clearinghouse website.

https://harvester.census.gov/facides/Account/Login.aspx https://harvester.census.gov/facides/Account/Login.aspx

D.2.2.9 SF-LLL: Disclosure of Lobbying Activities (if Applicable) 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.

D.2.2.10 Letters of Support You should include any letters from interested stakeholders supporting the proposed project. To ensure your proposal is accurately reviewed, please attach all letters of support as an appendix.

Letters of support received after the application deadline for this NOFO will not be considered in evaluating your proposed project.

D.2.2.11 Official Resolution If selected, the applicant must provide prior to award an official resolution adopted by your organization’s board of directors or governing body, or, for state government entities, an official 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 board of directors, governing body, or appropriate official who has reviewed and supports the application submitted

• That your organization 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 before an award of funding will be made.

D.2.2.12 Letters of Funding Commitment If a project is selected for award under this funding opportunity and cost share funding is anticipated to be provided by a source other than the applicant, the third-party cost share must be supported with letters of commitment prior to award. Letters of commitment should identify the following elements:

• The amount of funding commitment

• The date the funds will be available to the applicant

• Any time constraints on the availability of funds

• Any other contingencies associated with the funding commitment

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.

https://D.2.2.12 https://D.2.2.11 https://D.2.2.10

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

D.2.3 Financial Capability Determination

If selected, applicants must provide information to complete a Financial Capability Determination prior to Reclamation releasing Federal funding for construction activities. The project sponsor must demonstrate that it is financially capable of funding the non-Federal portion of project construction costs and all necessary project operation, maintenance, and replacement costs, pursuant to Reclamation’s Directives and Standards WTR-11-02, Title XVI Financial Capability Determination Process.

D.3 Unique Entity Identifier (UEI) and System for Award Management (SAM) Each applicant (unless the applicant is an individual or Federal awarding agency that is excepted from those requirements under 2 CFR 25.110 (b) or (c), or has an exception approved by the Federal awarding agency under 2 CFR 25.110 (d) is required to:

• Be registered in SAM before submitting an application. Instructions for registering are available at sam.gov/content/home

• Provide a valid UEI in its application

• Maintain an active SAM registration with current information at all times during which it has an active Federal award or plan under consideration by a Federal award agency

Meeting the requirements set forth above is mandatory.

D.3.1 Register with the System for Award Management

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

See the “Submission Requirements” section of this document below for more information on SAM.gov registration.

https://sam.gov/content/home https://sam.gov/content/home

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

NOTE: An organization’s SAM.gov registration process may take several weeks to complete, so please allow sufficient time to ensure applications are submitted before the closing date.

Applicants that do not have an active SAM registration will not be able to submit an application. Applicants that do not have a UEI will not be able to submit an application.

D.3.2 Obtain a Unique Entity Identifier

You are required to register in SAM.gov and obtain a Unique Entity…