r15an20038 notice of intent to award.pdf

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

Funding

Announcement

R15AN20038

Project Title Recreation Planning and Management Activities at Lahontan and Rye

Patch Reservoirs

Recipient Nevada Division of State Parks

Principal

Investigator /

Program Manager

Mr. Robert Mergell, Northern Regional Manager

Anticipated Federal

Amount $900,000.00

Cost Share $3,315,082.45

Total Anticipated

Award Amount $4,215,082.45

New Award or

Continuation?

NEW AWARD

Anticipated Period of Performance July 1, 2015 through June 30, 2020

Award Instrument Cooperative Agreement

Statutory Authority Federal Water Projects Recreation Act of 1965, Pub. L. 88-72 as amended; Reclamation Management Act of 1992, Pub. L. 102-575, Title

XXVIII, Section 2804.

CFDA # and Title 15.524

Single Source

Justification

Criteria Cited

(2) Continuation

(4) Unique Qualifications

Reclamation Point of Contact Vivian Davis

OVERVIEW

The Bureau of Reclamation, constructed the Newlands Project creating Lahontan Reservoir in

1902 and the Humboldt Project creating Rye Patch Reservoir in 1939 within the State of Nevada

(collectively, the Reservoirs).

The resolution expanding the Nevada Division of State Parks (NSP) System’s responsibility for both Lahontan and Rye Patch Reservoirs by joint Senate Assembly action in the Fifty-Sixth

Legislative Session authorized the Nevada State Parks to “administer, operate, plan, acquire and develop lands with the [Reservoir Areas]” after July of 1971.

The United States and the State of Nevada entered into Management Agreements (14-06-200-

8170A and 10-LC-20-0266 respectively) with Reclamation and Parks to provide public outdoor recreation facilities on lands under Reclamation’s jurisdiction at the Reservoirs. Through interim and executed management agreements, Parks has been managing the Reservoirs since 1973 and

1971 respectively. Reclamation seeks to assist Parks in current and future recreation, development, operations and maintenance of recreation facilities at the Reservoirs, as well as, assist in the development of a recreation management plan for the Reservoirs.

NSP will continue to develop, operate, maintain and replace recreation facilities as well as develop a recreation management plan at Reclamation authorized water projects.

RECIPIENT INVOLVEMENT

NSP and Reclamation have agreed it mutually beneficial to plan for current and future uses and development of the lands managed by NSP at Lahontan Reservoir so as to provide safe and manageable recreation use and experiences of the area. The purpose of this funding is to continue to provide NSP with federal funding as authorized and appropriated for their continued management of recreation facilities and lands located at Lahontan and Rye Patch reservoirs.

Lahontan and Rye Patch Recreation Areas are both operated 365 days a year and the Division of

State Parks will be responsible for managing the facilities during this time.

NSP has agreed to provide a percentage of matching funds or in-kind services within the limits of its authorities and only for direct costs solely incurred for:

1. Development, operating, maintaining and replacement of recreation visitor services, facilities and equipment at the Reservoirs.

2. Initiating and completing a public Recreation Management Plan development process for the Reservoirs. This planning process and sequential management plan will be used to guide management of current uses, disclose the impacts on the environment of any future development of the reservoir area and to assist in informing the public of Reclamation and State Parks mutually desirable change in current recreation setting and experiences of the area. All of these proposed actions must be disclosed to the public through the

National Environmental Policy Act process.

3. Develop and complete a recreation management plan consistent with current rules and regulations for the Reservoirs.

RECLAMATION INVOLVEMENT

Substantial involvement on the part Reclamation is anticipated for the successful completion of the objectives to be funded by this award. In particular, Reclamation will be responsible for the following:

1. Assist Parks, as necessary, in interpreting and carrying out the scope of work in the cooperative agreement

2. Provide technical expertise with the development and review of the environmental compliance associated with the maintenance and replacement responsibilities of Parks;

3. Provide technical expertise and work collaboratively with Parks in initiating and completing a public recreation management plan process for the Reservoirs;

4. Provide technical expertise and work collaboratively with Parks to develop and complete a recreation management plan for the Reservoirs.

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:

(2) CONTINUATION

(4) UNIQUE QUALIFICATIONS

Single Source Justification Description:

(2) CONTINUATION

The activity to be funded 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. The Nevada Division of State Parks (NSP) has been managing Lahontan and Rye Patch

Reservoirs (Reservoirs) through interim and executed management agreements with Reclamation since the 1970s.

Competition of this grant would impact the timing of providing the funds and no eligible entities are known who would have authorization to manage the recreation at the two Reservoirs other than Parks. It is important to provide funds for continued recreation planning, operations and management at the Reservoirs.

(4) UNIQUE QUALIFICATIONS

The applicant is uniquely qualified to perform the activity based upon a variety of demonstrable factors such as location, property ownership, cost-sharing ability, and technical expertise.

The State of Nevada entered into Management Agreements with Reclamation and the Nevada

Division of State Parks to provide public outdoor recreation facilities on lands under

Reclamation’s jurisdiction at the Reservoirs. Parks has been managing the Reservoirs through interim and executed management agreements with Reclamation since the 1970s. Therefore, Parks is uniquely qualified as the authorized entity to receive funds to manage these areas and implement the activities proposed in the new cooperative agreement.

In addition, Parks has existing office and maintenance facilities already located on the properties at the two Reservoirs, which also makes them uniquely qualified as the appropriate entity to perform the cooperative agreement activities.

STATUTORY AUTHORITY

Federal Water Projects Recreation Act of 1965, Pub. L. 89-72 as amended; Reclamation

Management Act of 1992, Pub. L. 102-575, Title XXVIII, Section 2804

P.L. 102-575. Sec. 2804. [Amendments to the Federal Water Project Recreation Act.] (d)

[Expansion or modification of existing facilities.] – Section 3 of the Federal Water Project

Recreation Act (16 U.S.C. § 460l-14) is amended by adding at the end the following new subsection:

“(c)(1) Any recreation facility constructed under the Act may be expanded or modified if-

“(A) the facility is inadequate to meet recreational demands; and

“(B) a non-Federal public body executes an agreement which provides that such a public body

“(i) will administer the expanded or modified facilities pursuant to a plan for development for the project that is approved by the agency with administrative jurisdiction over the project; and

“(ii) will bear not less than one-half of the planning and capital costs of such expansion or modification and not less than one-half of the costs of the operation, maintenance, and replacement attributable to the expansion of the facility.

“(2) The Federal share of the cost of expanding or modifying a recreational facility described in paragraph (1) may not exceed 50 percent of the total cost of expanding or modifying the facility.”