RF-102-Notice-of-Intent-To-Award-Draft-20140605223458.456-X.doc

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

Upper Colorado Region

125 South State Street

Salt Lake City, UT 84138-1147

(801) 524-3741

125 South State Street, Room 8100 Salt Lake City, UT 84138-1147

(801) 524-3740

OVERVIEW

Through previous cooperative agreements, CPW has developed wetland acreage on their land with their water rights for Reclamation’s mitigation credits. The purpose of this agreement is to fund the continued operations and maintenance (O&M) of the developed wetlands. CPW will be required to perform O&M of the infrastructure and provide necessary water to enhance and maintain at least 55-acres of wetlands.

RECIPIENT INVOLVEMENT

Major objectives include performing all necessary maintenance to headgates, earth lined ditches, constructed ponds, performing weed management, and fencing to keep livestock and motorized vehicle traffic out of the wetlands. Also, necessary to maintaining and enhancing the wetlands is providing water owned by CPW to the area.

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. However, Reclamation will be responsible for the following:

Reclamation will monitor and provide Federal oversight of activities performed under this Agreement. Monitoring and oversight includes review and approval of financial status and performance reports, payment requests, and any other deliverables identified as part of the SOW. Additional monitoring activities may include site visits, conference calls, and other on-site and off-site monitoring activities. At the Recipient’s request, Reclamation may also provide technical assistance to the Recipient in support of the SOW and objectives of this Agreement.

Reclamation will conduct a joint review with CPW annually to ensure acquired functions and values and a minimum of 55 acres of created wetlands are being maintained.

Reclamation will coordinate requested site visits by the EPA.

Reclamation will provide biological and/or ecological expertise as requested.

Reclamation will review submitted reimbursement claims in a timely manner and recommend payment for those items deemed appropriate

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:

(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;

Single Source Justification Description:

Construction of the Dolores Project (Project) is pursuant to Public law dated (86 Stat. 964). In addition, the Colorado River Basin Salinity Control Act (CRBSC Act) of June 24,1974 (Public Law 93-320 as amended by Public Law 98-569), authorized the inclusion of salinity control features as part of the Project, including measures to replace incidental fish and wildlife values foregone and funding for a non-federal entity to operate and maintain said measures. In the 1989 Final Supplement to the Dolores Project Final Environmental Statement (FSFES) and associated Record of Decision (ROD), Reclamation acknowledged the loss of 155 acres of wetlands associated with impacts caused through the incorporation of salinity control features in the San Juan River Basin. A commitment was made as a result of comments received from the EPA on the draft FSFES. Further, Reclamation committed in the FSFES to create up to 75 acres of wetlands downstream of McPhee Dam to partially meet RECLAMATION'S wetlands mitigation commitment. This plan was implemented in 1993. This wetland mitigation plan was associated with the rehabilitation of the Lone Dome Ditch and the subsequent delivery of water to lands owned by the Colorado Parks and Wildlife (CPW) and has resulted in the creation of about 55 acres of wetland vegetation.

In summary, Reclamation developed the infrastructure (Lone Dome Ditch) with construction funding to meet mitigation commitments below McPhee Dam on CPW land. The only water available for creation of the wetlands is water rights owned by CPW.

STATUTORY AUTHORITY

Authority for this agreement is pursuant to Public law dated (86 Stat. 964). In addition, the Colorado River Basin Salinity Control Act (CRBSC Act) of June 24, 1974 (Public Law 93-320 as amended by Public Law 98-569). The following section, provided in full text, authorizes Reclamation to award this financial assistance agreement:

COLORADO RIVER BASIN SALINITY CONTROL ACT

(AS AMENDED)

Public Law 93-320

Subsection 202(a)(5) Portions of the McElmo Creek Unit, Colorado, as components of the Dolores Participating Project, Colorado River Storage Project, authorized by Public Law 90-537 and Public Law 84-485, consisting of all measures and all necessary appurtenant and associated works to reduce seepage only from the Towaoc-Highline combined canal, Rocky Ford Laterals, Lone Pine Lateral, and Upper Hermana Lateral, and consisting of measures to replace incidental fish and wildlife values foregone. The Dolores Participating Project shall have salinity control as a project purpose insofar as these specific facilities are concerned: Provided, That the costs of construction and replacement of these specific facilities shall be allocated by the Secretary to salinity control and irrigation only after consultation with the State of Colorado, the Montezuma Valley Irrigation District, Colorado, and the Dolores Water Conservancy District, Colorado: And provided further, That such allocation of costs to salinity control will include only the separable and specific costs of these facilities and will not include any joint costs of any other facilities of the Dolores Participating Project. Repayment of costs allocated to salinity control shall be subject to this Act. Repayment of costs allocated to irrigation shall be subject to the Acts which authorized the Dolores participating project, the Reclamation Act of 1902, and Acts amendatory and supplementary thereto. Prior to initiation of construction of these specific facilities, or a portion thereof, the Secretary shall enter into contracts through which the non-Federal entities owning, operating, and maintaining the water distribution systems, or portions thereof, in the Montezuma Valley, singly or in concert, will assume the obligations specified in subsection (b)(2) relating to the continued operation and maintenance of the unit's facilities.

Subsection 202(b)(5) The Secretary may, under authority of this title and limited to the purposes of this Act, fund through a grant or contract, for any fiscal year only to such extent or in such amounts as are provided in appropriation acts, a non-Federal entity to operate and maintain measures to replace incidental fish and wildlife values foregone.

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