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Bureau of Reclamation Form, RF-102 12-2011 Bureau of Reclamation Form, RF-102 12-2011

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

Kittitas Reclamation District (KRD)

P.O. Box 276

Ellensburg, WA 98926

$75,000 ($50% not to exceed $200,000 Department of Ecology (DOE)

Columbia-Cascades Area Office

1917 Marsh Road

Yakima, WA 98901

OVERVIEW

The YRBWEP Conservation Program is a joint program funded in part by Washington State Department of ECOLOGY, RECLAMATION and the RECIPIENT. ECOLOGY’s funding for this program is derived from the Agricultural Water Supply Facilities Referendum 38, Chapter 43.99E RCW, November 1980, and represents 50% percent not to exceed $200,000 per Recipient of the funding for conservation plans and feasibility studies. RECLAMATION’s funding is authorized under Yavapai-Prescott Indian Tribe Water Settlement Act of 1994; P.L. 103-434, Section XII—Yakima River Basin Water Enhancement Project, and represents the remaining percent of the funding. The RECIPIENT must fund the remaining 20 percent of the cost to implement water conservation measure(s).

Following the provisions of the Basin Conservation Program, the RECIPIENT prepared a Water Conservation Plan in February 1999. This Water Conservation Plan was reviewed and the re-regulation reservoir and lateral piping were accepted for Feasibility Investigation under the Basin Conservation Program.

The principal purpose of this relationship is to support and stimulate the further development of water conservation by encouraging the RECIPIENT in preparation of a water conservation plan that identifies voluntary reduction in water diverted from the Yakima River basin, to improve the availability of water supplies for irrigation, and to protect and enhance fish and wildlife resources, including wetlands, while improving the quality of water in the Yakima River basin.

RECIPIENT INVOLVEMENT

RECIPIENT:

1. Will on its own account or by contract or contracts, shall complete the Feasibility Study in accordance with the plan approved for funding under Referendum 38 and Title XII of Pub. L. 103-434, and as set forth in the Scope of Work subject to such written modifications or changes in plan as may be agreed upon by the RECIPIENT, ECOLOGY, and RECLAMATION.

2. Will perform or cause to be performed all of said work pursuant to detailed plans, designs, estimates, and specifications, and in accordance with sound engineering practices, all as approved by ECOLOGY and RECLAMATION as adequate to protect the interests of the United States and the State of Washington in the Project.

3. Agrees to complete the Feasibility Study within 2 years; provided, however, that such period may be extended if Federal and State funds are not available for whatever reason. Written approval of ECOLOGY and RECLAMATION must be given to extend the work schedule.

RECLAMATION INVOLVEMENT

No substantial involvement on the part of Reclamation is anticipated for the successful completion of the objectives to be funded by this award. It is anticipated that Reclamation’s involvement will consist of standard federal stewardship responsibilities such as monitoring project performance, technical assistance at the request of the recipient, etc.

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 the following criteria:

(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;

Single Source Justification Description:

The Yakima River Basin Water Conservation Program (Basin Conservation Program) is a joint program funded in part by ECOLOGY, RECLAMATION, and the RECIPIENT.

ECOLOGY’s funding for this program is derived from the Agricultural Water Supply Facilities Referendum 38, Chapter 43.99E RCW, November 1980, and represents 50 percent not to exceed $200,000 per Recipient of the funding for water conservation plans and feasibility studies.

RECLAMATION’s funding is provided under Title XII of Pub. L. 103-434, (Yakima River Basin Water Enhancement Project, October 31, 1994) and represents the remaining percent of funding amount required for completing conservation plans and feasibility studies. RECIPIENT must fund 20 percent of the cost for conservation plans and feasibility studies.

Title XII of P.L. 103-434 provides authorization for each irrigation organization to plan, study, and implement its own measures for water conservation with funding provided in part by the federal government. Only districts with an approved YRBWEP conservation plan and feasibility study are eligible for YRBWEP implementation funding. The irrigation district’s water conservation planning and subsequent implementation of approved conservation measure(s) is a prerogative of that individual public body and therefore not open to competitive grant procedures and processes.

STATUTORY AUTHORITY

Yavapai-Prescott Indian Tribe Water Settlement Act of 1994; P.L. 103-434, Section XII—Yakima River Basin Water Enhancement Project, Sec 1203 (a); (b) (3) and (4); (j) (2).

SEC. 1203. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.

(a) ESTABLISHMENT- (1) The Secretary, in consultation with the State of Washington, the Yakama Indian Nation, Yakima River basin irrigators, and other interested parties, shall establish and administer a Yakima River Basin Water Conservation Program for the purpose of evaluating and implementing measures to improve the availability of water supplies for irrigation and the protection and enhancement of fish and wildlife resources, including wetlands, while improving the quality of water in the Yakima Basin. The Secretary may make grants to eligible entities for the purposes of carrying out this title under such terms and conditions as the Secretary may require. Such terms and conditions shall include a requirement that all water districts, irrigation districts, individuals, or other entities eligible to participate in the Basin Conservation Program must equip all surface water delivery systems within their boundaries with volumetric water meters or equally effective water measuring methods within 5 years of the date of enactment of this Act.

(2) Conserved water resulting in whole or in part from the expenditure of Federal funds shall not be used to expand irrigation in the Yakima Basin, except as specifically provided in section 1204(a)(3) on the Yakama Indian Reservation.

(3) The provisions of this section shall not apply to the Yakama Indian Nation except as to any funds specifically applied for from the Basin Conservation Program.

(b) FOUR PHASES OF PROGRAM- The Basin Conservation Program shall encourage and provide funding assistance for four phases of water conservation, which shall consist of the following:

(3) The implementation of measures that have been identified in conservation plans and have been determined to be feasible.

(4) Post implementation monitoring and evaluation of implemented measures.

(j) AUTHORIZATION OF APPROPRIATIONS- There is hereby authorized to be appropriated to the Secretary, at September 1990 prices, plus or minus such amounts as may be justified by reason of ordinary fluctuations of applicable cost indexes, the following amounts for the Basin Conservation Program:

(2) Up to $4,000,000 for investigation of specific potential water conservation measures identified in conservation plans for consideration for implementation through the Basin Conservation Program.

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