Colorado Ute Indian Water Rights Settlement Act

To supply municipal and industrial water supply to the Ute Mountain Ute, Southern Ute Indian Tribe, the Navajo Nation and non-Tribal participants from the Animas-La Plata Project in settlement of water rights claims for the Tribes, and also fulfill o

NNMP is 28 miles of 24-inch pipeline from Farmington to Shiprock New Mexico providing potable water to the Navajo Nation.

Federally Recognized Indian Tribal Government - Projects shall be subject to the provisions of the Indian Self-Determination and Education Assistance Act (ii Stat. 2203; 25 U.S.C. 450 et seq.) to the same extent as if such functions were performed by the Bureau of Indian Affairs; and for projects not awarded subject to Public Law 93-638: State, local, Federally recognized Indian Tribal governments, small businesses, individuals, and profit organizations.

Federally recognized Indian Tribal Government members and the general public in southwestern Colorado and northwestern New Mexico.

The Bureau of Reclamation is specifically authorized to: (1) Construct a reservoir, a pumping plant, a reservoir inlet conduit, and appurtenant facilities with sufficient capacity to divert and store water from the Animas River to provide for an average annual depletion of 57,100 acre-feet of water to be used for a municipal and industrial water supply. (2) Meet specific annual depletion rates for water allocation delivery. (3) To supply 4,680 acre-feet per year to the Navajo Nation through a pipeline from Farmington to Shiprock, NM. The design and construction functions of the Bureau of Reclamation with respect to the Dolores and Animas-La Plata Projects shall be subject to the provisions of the Indian Self-Determination and Education Assistance Act (ii Stat. 2203; 25 U.S.C. 450 et seq.) to the same extent as if such functions were performed by the Bureau of Indian Affairs.

Public Law 93-638 contracts and agreements are written for a specific period of time to complete a project, but normally not over 5 years. Funds are disbursed by progress payments, based on percentage of completion of estimated quantities of work. Section 207, Section 17(b) of the Act as amended extended the project period through Fiscal Year 2012.

Environmental compliance for this program may be required depending on the scope of the specific project funded. This may result in the need for an environmental impact assessment or environmental impact statement prior to the commencement of project activities. This program is excluded from coverage under E.O. 12372.

There are no criteria for selecting proposals for projects awarded under Public Law 93-638 procedures. When needed work is identified, a request for proposal is issued with a statement of work. The Tribe submits a proposal based on the statement of work. Negotiations are held to arrive at a mutually agreed upon Public Law 93-638 contract for award of the project and the costs associated with performance of the work. For any projects that may be identified that are not subject to Public Law 93-638 procedures, specific evaluation criteria will be included in the funding announcements posted on www.grants.gov.

An initial statement of work is issued to the Tribe for review and pricing by the Contract Specialist. The Tribe reviews the initial statement of work, and submits aproposal with an estimate for completion of the work. The proposal with cost estimate is evaluated by the Government Technical Team, the Government Cost & Price Analyst, Contract Specialist, Contract Administrator, and Contracting Officer. Negotiations are held on the various elements until an agreement is reached and an award is then made. For projects not awarded subject to Public Law 93-638, all applications will be initially screened for eligibility and compliance with the requirements stated in the program funding announcement. Applications passing this screening process will be forwarded for review by a proposal evaluation panel comprised of qualified experts in the program area. Applications will be reviewed against the proposal evaluation criteria, and any additional review factors, as stated in the funding announcement. Final selection will be determined by the Commissioner, Bureau of Reclamation, or regional officials, as applicable to the project.

Varies depending on the type and complexity of the project. Further information will be available for each specific project at the time the funding opportunity announcement is posted on www.grants.gov and may be obtained by contacting the Reclamation personnel listed as the point of contact in the funding announcement.

Final award decisions are not subject to appeal; however, the Bureau of Reclamation will provide all applicants with information on why their proposals were not selected for award.