BUREAU
OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
AUTHORIZATION:
Indian
Self-Determination and Education Assistance Act, Public Law 93-638,
as amended, 25 U.S.C. 450; Snyder Act of 1921, 25 U.S.C. 13, Public
Law 67-85, 42 Stat. 208.
To
assist Indian tribes in the management, planning, and development
of their water and related land resources.
TYPES
OF ASSISTANCE:
Direct Payments for Specified Use. Place Cursor Here for Definition
Provision of Specialized Services. Place Cursor Here for Definition
Advisory Services and Counseling. Place Cursor Here for Definition
USES
AND USE RESTRICTIONS:
Funds
are used by tribes to collect and analyze baseline data and to facilitate
Water Rights Litigation and Negotiation activities; and for Water
Management, Planning, and Development which are project specific
awards that are made competitively.
ELIGIBILITY
REQUIREMENTS:
Applicant
Eligibility: Federally Recognized Indian Tribal
Governments and Native American Organizations authorized by Indian
tribal governments.
Beneficiary
Eligibility: Federally Recognized Indian Tribal
Governments and their members and Native American Organizations.
Credentials/Documentation:
Initial application for financial assistance must be accompanied
by a resolution of the governing body of the Indian tribe.
Pre-application
Coordination: Informal preapplication conference
is recommended. Technical assistance in preparing the application
is available upon request. This program is excluded from coverage
under E.O. 12372.
Application
Procedure: Initial applications must contain
the information specified in 25 CFR, Part 900, Subpart C, "Contract
Proposal Contents." Completed applications should be submitted
to the local BIA agency office listed in Appendix IV of the Catalog.
Award
Procedure: In most cases, the award can be
approved at the agency level. In some instances, the application
will be forwarded to the Regional Director for approval. The dollar
value of Water Rights awards depends upon the amount that has
been prioritized by the individual tribe through tribal participation
in the BIA's budget formulation process.
Deadlines:
Water Rights. Applications may be submitted at any time. Water
Management, Planning, and Development. Applications for water
resource management should be submitted by May 31 for funding
consideration the following fiscal year.
Range
of Approval/Disapproval Time: Applications
will be processed within 90 days.
Appeals:
An unsuccessful applicant may request an informal conference with
the deciding official, or may appeal the denial of the application
to the Interior Board of Indian Appeals, or may bring suit in
U.S. District Court. Full appeal procedures are found in 25 CFR,
Part 900.
Renewals:
Water Rights. Awards may be renewed indefinitely upon satisfactory
performance by the contractor/grantee. A notice of intent to renew
should be submitted at least 90 days prior to the expiration of
the current award. Water Management, Planning, and Development.
Awards are provided for projects on a year-by-year basis and are
not intended to provide perennial support for tribal programs.
ASSISTANCE
CONSIDERATIONS:
Formula
and Matching Requirements: Not applicable.
Length
and Time Phasing of Assistance: Awards are
made on an annual basis and the funds remain available until expended
by the contractor/grantee. Payments may be made in advance or
by way of reimbursement. The timing of payments will be negotiated
with the grantee.
POST
ASSISTANCE REQUIREMENTS:
Reports:
Financial status reports, SF 269A, are required. The timing and
nature of program accomplishment data will be negotiated with the
contractor/grantee.
Audits:
For awards made under this program, grantees and subgrantees are
responsible for obtaining audits in accordance with the Single
Audit Act Amendments of 1996 (31 U.S.C. 7501 et. Seq.).
Records:
Financial records must be retained for 3 years from the date of
submission of the single audit report. Procurement records must
be retained for 3 years from the date of final payment. Property
records must be retained for 3 years from the date of disposition,
replacement, or transfer. Records pertaining to any litigation,
audit exceptions, or claims must be retained until the dispute
has been resolved.
FINANCIAL
INFORMATION:
Account
Identification: 14-2100-0-1-302.
Obligations:
(Total Amount of Awards) FY 01 $9,117,000; FY 02 est $8,391,970;
and FY 03 est $8,396,780.
Range
and Average of Financial Assistance:
Water Rights awards range from $50,000 to $1,000,000. Water Management,
Planning, and Development awards are generally from several thousand
dollars to several hundred thousand dollars, depending on the
scope of the projects; assistance typically averages $50,000.
Annually, funds support about 70 litigation and negotiation efforts
related to Water Rights and the preparation and/or quantification
of Indian water rights claims. Approximately one half of the requests
for Water Management, Planning, and Development financial assistance
that are received each year are fully or partially funded.
REGULATIONS,
GUIDELINES, AND LITERATURE:
25 CFR 900 and Subchapter H - Land and Water.
INFORMATION
CONTACTS:
Regional
or Local Office: Applications may be filed with
the local Bureau of Indian Affairs' agency office as listed in Appendix
IV of the Catalog.
Headquarters
Office: Office of Trust Responsibilities,
Division of Water and Land Resources, Bureau of Indian Affairs,
1849 C Street NW, MS 4513 MIB, Washington, DC 20240. Telephone:
(202) 208-6042. Contact: Mo Baloch.
Web
Site Address: http://www.doi.gov/bia/otrhome.htm http://www.doi.gov/bureau-indian-affairs.html
EXAMPLES
OF FUNDED PROJECTS:
Projects include geographic, hydrologic quantitative and qualitative
analysis of water, ground, surface water quality and quantity monitoring,
aquifer classification, and stream gaging; ecosystem development
and management; and planning for compliance with the Endangered
Species Act.
CRITERIA
FOR SELECTING PROPOSALS:
Water Rights: All applicants meeting the criteria in 25 CFR part
900 will be funded. Water Management, Planning, and Development:
Proposal criteria include need, size, availability of historical
studies, overall cost, potential benefit, capability of applicant
to successfully conduct the project, and budget and its effective
use. Projects are funded based on rankings of the projects area
wide and Bureau wide, and in accordance with the national program
priorities established for the program. Preference is given to proposals
that offer matching funds and/or that specify a technical (analytical)
report as a deliverable product.
