notice of intent to award.doc

NOTICE OF INTENT TO AWARD

THIS FUNDING ANNOUNCEMENT IS NOT A REQUEST FOR APPLICATIONS. This announcement is to provide public notice of Reclamation’s intention to fund the following project activities without full and open competition.

ABSTRACT

Principle Investigator (if applicable)

Unique Qualifications: Recipient has staff with technical expertise familiar with the GBP and can provide unbiased, sound scientific review of GBP data.

OVERVIEW

The purpose of this agreement is to fund the compilation and publication of environmental monitoring data associated with the Grassland Bypass Project. The Project separates agricultural drainage water from wetland water supply channels, significantly improving the quality of water and habitat in central California.

Under the 2010 Agreement , the Grassland Area Farmers will use a portion of the San Luis Drain to convey agricultural drainage water to Mud Slough (North), a tributary of the San Joaquin River. The 2010 Agreement specifies the loads of salts and selenium that can be discharged in accordance with the revised Waste Discharge Requirement . A comprehensive environmental monitoring program is being conducted by several cooperating agencies to measure the effects of the Project on water quality, biology, toxicity, sediment accumulation, and selenium content.

In 1997, the Project’s Oversight Committee specified that an independent agency should compile, review, and publish all monitoring data. The continued support of this controversial project from regulatory agencies, environmental groups, and other water agencies is based on the integrity of environmental monitoring to confirm impacts and improvements caused by the project. Because of this scientific integrity and staff with unique knowledge of the GBP and Delta ecosystem, Reclamation has provided grants to the San Francisco Estuary Institute to do this type of work since 1998.

The purpose of the new grant is to continue the compilation, review, and reporting of the Project findings by the San Francisco Estuary Institute through September 30, 2015.

RECIPIENT INVOLVEMENT

The Recipient shall:

1. Provide expertise and guidance on managing diverse data sets.

2. Maintain a web site for Project's data and reports.

3. Establish a project manager to be point of contact for the data providers.

4. Confer quarterly with the Data Collection and Reporting Team (DCRT) of the Project.

5. Compile and publish monthly data reports.

6. Compile and publish quarterly data reports.

7. Work with the DCRT to publish annual reports.

RECLAMATION INVOLVEMENT

Reclamation staff shall:

1. Ensure the transfer of Reclamation data to the Recipient.

2. Coordinate and resolve any problems relative to data transfer from other Cooperating Agencies to the Recipient.

3. Review and approve monthly invoices from the recipient.

4. Review and approve draft monthly and annual reports.

5. Review and approve chapters for the annual reports.

6. Maintain the mailing list of interested parties

7. Distribute annual reports to interested parties.

SINGLE-SOURCE JUSTIFICATION

(See criteria below)

DEPARTMENT OF THE INTERIOR

SINGLE SOURCE POLICY REQUIREMENTS

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

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

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

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

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

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

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

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

(2) Continuation: Reclamation has provided identical grants to the Institute since 1998.

(4) Unique Qualifications: In 1997, the GBP Oversight Committee specified that an independent agency should compile, review, and publish all monitoring data. The San Francisco Estuary Institute was chosen because of this scientific integrity and staff with unique knowledge of the GBP and Delta ecosystem.

STATUTORY AUTHORITY

San Luis Unit, Public Law 86-488, Sections l (a) and 5 Section 1(a) -To authorize the Secretary of the Interior to construct the San Luis Unit of the Central Valley project, California, to enter into an agreement with the State of California with respect to the construction and operation of such unit, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) for the principal purpose of furnishing water for the irrigation of approximately five hundred thousand acres of land in Merced, Fresno, and Kings Counties, California, hereinafter referred to as the Federal San Luis unit service area, and as incidents thereto of furnishing water for municipal and domestic use and providing recreation and fish and wildlife benefits, the Secretary of the Interior (hereinafter referred to as the Secretary) is authorized to construct, operate, and maintain the San Luis unit as an integral part of the Central Valley project. The principal engineering features of said unit shall be a dam and reservoir at or near the San Luis site, a forebay and afterbay, the San Luis Canal, the Pleasant Valley Canal, and necessary pumping plants, distribution systems, drains, channels, levees, flood works, and related facilities, but no facilities shall be constructed for electric transmission or distribution service which the Secretary determines, on the basis of an offer of a firm fifty-year contract from a local public or private agency, can through such contract be obtained at less cost to the Federal Government than by construction and operation of Government facilities. The works (hereinafter referred to as joint-use facilities) for joint use with the State of California (hereinafter referred to as the State) shall be the dam and reservoir at or near the San Luis site, forebay and afterbay, pumping plants, and the San Luis Canal. The joint-use facilities consisting of the dam and reservoir shall be constructed, and other joint-use facilities may be constructed, so as to permit future expansion or the joint-use facilities shall be constructed initially to the capacities necessary to serve both the Federal San Luis unit service area and the State's service area, as hereinafter provided. In constructing, operating, and maintaining the San Luis unit, the Secretary shall be governed by the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary thereto). Construction of the San Luis unit shall not be commenced until the Secretary has (1) secured, or has satisfactory assurance of his ability to secure, all rights to the use of water which are necessary to carry out the purposes of the unit and the terms and conditions of this Act, and (2) received satisfactory assurance from the State of California that it will make provision for a master drainage outlet and disposal channel for the San Joaquin Valley, as generally outlined in the California water plan, Bulletin Numbered 3, of the California Department of Water Resources, which will adequately serve, by connection therewith, the drainage system for the San Luis unit or has made provision for constructing the San Luis interceptor drain to the delta designed to meet the drainage requirements of the San Luis unit as generally outlined in the report of the Department of the Interior, entitled "San Luis Unit, Central Valley Project," dated December 17, 1956.

Section 5 – In constructing, operating, and maintaining a drainage system for the San Luis unit, the Secretary is authorized to permit the use thereof by other parties under contracts the terms of which are as nearly similar as is practicable to those required by the Federal Reclamation laws in the case of irrigation repayment or service contracts and is further authorized to enter into agreements and participate in construction and operation of drainage facilities designed to serve the general area of which the lands to be served by the San Luis unit are a part, to the extent the works authorized in section 1 of this Act contribute to drainage requirements of said area. The Secretary is also authorized to permit the use of the irrigation facilities of the San Luis unit, including its facilities for supplying pumping energy, under contracts entered into pursuant to Section 1 of the Act of February 21, 19811 (36 Stat. 925; 43 U.S.C.523).

� U.S. Bureau of Reclamation and San Luis and Delta-Mendota Water Authority, December 22, 2010. Agreement for Continued Use of the San Luis Drain Agreement No. 10-WC-20-3975;

� California Regional Water Quality Control Board, Central Valley Region. September 7, 2001: revised 2010. Waste Discharge Requirements No. 5-01-234 for the San Luis & Delta-Mendota Water Authority and United States Department of Interior, Bureau of Reclamation, Grassland Bypass Channel Project (Phase II), Fresno and Merced Counties.

� Reclamation, U.S. Fish and Wildlife Service, U.S. Geological Survey, U.S. Environmental Protection Agency, California Regional Water Quality Control Board (Central Valley Region), California Department of Fish and Game, and the San Luis and Delta-Mendota Water Authority.

� Consisting of executive staff of Reclamation, US Fish and Wildlife Service, US Environmental Protection Agency, California Department of Fish and Game, and California Regional Water Quality Control Board;

� Consisting of staff from each agency collecting data for the Project

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