NOI-CA-UDC P11AC90818 FY 15.docx

National Park Service U.S. Department of the Interior

NOTICE OF INTENT TO AWARD

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

ABSTRACT

OVERVIEW

Section 704 of Public Law 95-625 established the Upper Delaware Scenic and Recreation River as a unit of the Wild and Scenic Rivers System, to be administered by the Secretary of the Interior. On September 29, 1987, the Secretary approved a River Management Plan for the Upper Delaware Scenic and Recreational River. The River Management Plan recommends the establishment of an intergovernmental Upper Delaware Council to implement the cooperative management system envisioned by the Act, to ensure effective implementation of the plan and to oversee its administration on a continuing basis, utilizing the existing authorities of its member who will work together in a cooperative fashion. The goals of the Upper Delaware Council and the National Park Service are, in furtherance of Section 704, the River Management Plan and applicable state and local laws.

RECIPIENT INVOLVEMENT

UDC responsibilities include, but are not limited to:

1. Conduct review of substantial conformance

2. Conduct review of proposed local development projects

3. Conduct reviews of projects proposed or permitted through state, regional, and federal agencies that may have an impact on the resources within the river corridor

4. Conduct annual review of enforcement in each of the participating town/ships that has been found to be in substantial conformance

5. Make recommendations to the states, the Delaware River Basin Commission, and the federal government concerning water releases and flows. Ensure all decisions affect water flows shall fully consider the values that qualified the Upper Delaware Scenic and Recreational River.

6. Monitor legal decisions on private property issues which may affect the Upper Delaware Scenic and Recreational River.

7. Participate in the annual meeting of the Upper Delaware River Safety Committee as coordinated by the National Park Service.

8. Comment on federal, state, county, and local resource management plans and policies that may affect recreational uses in the river corridor.

9. Monitor the implementation of the new operating system regime for management of the Delaware River Basin reservoirs.

10. Monitor security concerns for the protection of water supply systems in the Upper Delaware watershed.

NATIONAL PARK SERVICE INVOLVEMENT

1. Participate in the deliberations, activities and proceedings of the UDC and provide technical and planning staff assistance to the UDC.

2. Coordinate an annual meeting of the Upper Delaware River Safety Committee

3. With assistance from UDC, continue to produce an effective river user education program.

4. Conduct landowner surveys on recreational use patterns.

5. Work with UDC, New York and Pennsylvania Departments of Transportation, and other entities, as requested, to develop new public accesses, river rest stops, and fishing accesses where appropriate.

6. Coordinating with UDC, along with the townships, the states, and the Delaware River Basin Commission to identify and protect endangered species and habitat within the River corridor.

SINGLE-SOURCE JUSTIFICATION

DEPARTMENT OF THE INTERIOR

SINGLE SOURCE POLICY REQUIREMENTS

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

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

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

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

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

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

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

The National Park Service did not solicit full and open competition for this award based on the following criteria:

(2) CONTINUATION (3) LEGISLATIVE INTENT

Single Source Justification Description:

The activity to be funded is a continuation of an existing Cooperative Agreement with Upper Delaware Council, Inc.

Upper Delaware Council, Inc. was selected based on legislative intent. As instructed by Section 704 of Public Law 95-625, the Secretary approved a River Management Plan for the Upper Delaware Scenic and Recreational River; and recommended the establishment of an intergovernmental Upper Delaware council to implement the cooperative management system cited in P.L. 95-625. Upper Delaware Council, Inc. was established in 1988 based on this recommendation cited in the River Management Plan, for the sole purpose of implementing the cooperative management system for Upper Delaware Scenic and Recreational River.

STATUTORY AUTHORITY

Section 704 of Public Law 95-625 established the Upper Delaware Scenic and Recreation River as a unit of the Wild and Scenic Rivers System, to be administered by the Secretary of the Interior.

Section 704 provides that the Secretary shall develop a management plan for the Upper Delaware Scenic and Recreational River in cooperative with the states, local political subdivisions, Delaware River Basin Commission and that such a plan shall include a “program providing for coordinated implantation and administration of the plan with proposed assignments of responsibilities to the appropriate governmental unit at the federal, regional, state and local levels”; and

Section 10 of Public Law 90-542, the Wild and Scenic Rivers Act, authorizes the Secretary of the Interior to enter into written cooperative agreements with states and local political subdivisions for their participation in the administration of components of the Wild and Scenic Rivers System including the Upper Delaware, and

16 U.S.C. Section 1g authorizes the National Park Service to enter into cooperative agreements that involve the transfer of NPS - appropriated funds to State, county and local governments, other public entities, educational institutions, and private nonprofit organizations for the public purpose of carrying NPS programs.

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