r11ss40012 noi with edits from amanda.doc

NOTICE OF INTENT TO AWARD

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

ABSTRACT

OVERVIEW

Reclamation announced the selection of Taos Pueblo for development of a WaterSMART Program Basin Study Plan-of-Study (POS) on August 12, 2010 (http://www.usbr.gov/newsroom/newsrelease/detail.cfm?RecordID=33410). An Application Review Committee (ARC) was convened in Denver in June of 2010. The ARC evaluated the Basin Study proposals submitted by non-Federal entities and made recommendations to the Commissioner of Reclamation (Commissioner) based on that review. The selected studies were announced in the press release provided as a link above. The ARC found that the Taos Pueblo’s Basin Study proposal had merit, but lacked sufficient detail to be recommended as a full scale Basin Study in FY 2010. The ARC recommended that funding be allocated for the development of a Taos Pueblo POS in order to allow Reclamation and the Pueblo to jointly develop a detailed scope of work to address WaterSMART Basin Study Program objectives. The POS can serve as the basis for a Taos Pueblo Basin Study proposal in the FY 2011 funding cycle.

Congress passed The Secure Water Act (P.L. 111-11, Title IX, Subtitle F) in 2009. Reclamation has implemented the Act primarily through the WaterSMART Program. The WaterSMART Program includes the Basin Study Program (Basin Studies, Landscape Conservation Cooperatives, West-Wide Climate Risk Assessments), , WaterSMART Grants, and the Title XVI Water Reclamation and Reuse Program.

Taos Pueblo owns the watershed above the Pueblo, and the investigation will be confined to Pueblo lands, however, the watershed contributes to flows in the Rio Grande, affecting downstream water users and listed Endangered Species. The inability to efficiently manage the watershed water supply has detrimental health and economic impacts to the Pueblo and downstream users. Taos Pueblo lands encompass approximately 15.62 sq. miles. The current population of Taos Pueblo is 1,915 and the trend is for growth into the foreseeable future. The current municipal water system provides services to 410 households and serves approximately 1,300 people. Some residences still rely on outdoor toilet facilities, untreated river water for drinking, and hauling of water by bucket or by vehicle from a community faucet or river. There are also 25 service connections that are considered as commercial, such as tribal and non-tribal facilities.

In accordance with the WaterSMART Basin Study Program goals, the Taos Pueblo will be developing approaches to identify current and future water supply and demand imbalances and to identify mitigation and adaptation strategies. Specifically, the Taos Pueblo Basin Study POS will provide an approach to: determine whether the basin will continue to provide enough water to sustain uses over the next 50 years with population and economic growth; identify how the basin can be protected under law as a culturally used wilderness area; and establish the relationship between the basin, watershed, and its surface and groundwater supply. The Basin Study POS will also provide an approach to determine the effects of climate change on water supplies and demands.

RECIPIENT INVOLVEMENT

The Scope of Work is to develop a detailed Plan-of-Study (POS) which will be used to support a future Taos Pueblo Basin Study proposal.. The Pueblo will work with Reclamation to define the scope and goals of the proposed Basin Study, and to develop a detailed plan of action. The Pueblo will identify the specific tasks and deliverables to be included in the Taos Pueblo Basin Study, as well as a comprehensive study budget.

RECLAMATION INVOLVEMENT

Reclamation will be responsible for Federal monitoring and oversight of activities performed under this agreement. Such responsibilities include review and approval of financial status and performance reports, payment requests, and any other deliverables identified as part of the Scope of Work. Additional activities include site visits, conference calls, and other on and off-site activities.

Reclamation anticipates providing professional planning and engineering technical assistance with the development of the POS. Reclamation anticipates developing the POS as an equal partner with the Pueblo, assisting the Recipient with determining approaches and methods that address workable plans for accomplishing the Project Scope of Work, drafting appropriate plans for Pueblo concurrence, reviewing Pueblo drafts, and final POS production.

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.

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

(4) Unique Qualifications:

1. Access to portions of the Rio Pueblo and Rio Lucero Rivers, and the Buffalo Pasture recharge area located on Taos Pueblo lands.

2. Knowledge of water supply and demand of Taos Pueblo.

3. The recipient must be selected by the Reclamation Basin Studies Application Review Committee.

4. The recipient must have a cost-share waiver approved by the Commissioner and must be an Indian tribe.

Single Source Justification Description:

The Taos Pueblo is the unique entity that has been recommended by the ARC, owns the land that the study will be conducted on, and has received a cost-share waiver from the Commissioner. Reclamation convened an ARC in June of 2010 to review the Basin Study proposals submitted by non-Federal cost-share partners in conjunction with Reclamation Regional Offices. The ARC evaluated and ranked the proposals based on established selection criteria, and recommended that funding be allocated for the development of a Taos Pueblo Plan of Study (POS). Taos Pueblo subsequently requested, and was granted a non-Federal cost-share waiver. Taos Pueblo is uniquely qualified to receive this funding and develop the POS for a Taos Pueblo Basin Study because the study area encompasses Taos Pueblo lands and the Pueblo controls access to those lands, Taos Pueblo is in the best position to identify the water supply needs of the Pueblo and the unique water management challenges faced by Taos Pueblo as a community, and Taos Pueblo is a Federal recognized Indian tribe that requested and was awarded a cost-share waiver in order to receive this funding.

STATUTORY AUTHORITY

Indian Tribal Water Resources, Public Law 108-107, Title II, Sec. 201 ITWR: TITLE 43, CHAPTER 12, SUBCHAPTER I, § 373d, In order to increase opportunities for Indian tribes to develop, manage, and protect their water resources, in fiscal year 2003 and thereafter, the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, is authorized to enter into grants and cooperative agreements with any Indian tribe, institution of higher education, national Indian organization, or tribal organization pursuant to sections 6301 to 6308 of title 31. Nothing in this Act is intended to modify or limit the provisions of the Indian Self Determination Act [25 U.S.C. 450 et seq.].

PAGE