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Content provided by the Catalog of Federal Domestic Assistance
15.065 Safety of Dams on Indian Lands

FEDERAL AGENCY:

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; Indian Dams Safety Act of 1994, Public Law 103-302, 108 Stat. 1560; Secretarial Order No. 3048.
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To improve the structural integrity of dams on Indian lands.

TYPES OF ASSISTANCE:

Direct Payments for Specified Use.
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USES AND USE RESTRICTIONS:

Funds allow for the inspection and hazard classification of 116 dams under the responsibility of the Bureau of Indian Affairs and for modification construction necessary to correct identified deficiencies on the most unsafe dams. Financial awards are specific to a given site and awards are restricted to Indian tribes or tribal organizations affected by the projects.

ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:   Federally Recognized Indian Tribal Governments and Native American Organizations authorized by Indian tribal governments to be benefited by the award.

Beneficiary Eligibility:   Federally Recognized Indian Tribal Governments and their members and Native American Organizations.

Credentials/Documentation:   The application must be accompanied by a resolution of the governing body of the Indian tribe.

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APPLICATION AND AWARD PROCESS:
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:   Applications must contain the information specified in 25 CFR, Part 900, Subpart J, "Construction." An Indian tribe or tribal organization that wishes to secure a construction project should contact the appropriate 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 Area Director for approval.

Deadlines:   Notification of specific fund allocations for construction projects is made to Indian tribes or tribal organizations to be benefited by the availability of the funds. A 30-day time period is usually set for the tribe to notify the Bureau of Indian Affairs of its intent to seek award of the available project.

Range of Approval/Disapproval Time:   Applications for construction projects will be processed within 90 days after receipt of the final proposal.

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, Subpart L.

Renewals:   Projects are generally multi-year agreements with no renewal. Under extenuating circumstances, extensions may be granted.

ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:   Not applicable.

Length and Time Phasing of Assistance:   Contracts are for the duration of the project, often one to five years, and the funds remain available until expended by the contractor/grantee. 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:   14-2301-0-1-452.

Obligations:   (Total Amount of Awards) FY 01 $12,000,000; FY 02 est $16,758,040; and FY 03 est $16,795,560.

Range and Average of Financial Assistance:   Range is variable depending upon the scope of work. Awards are commonly awarded for various phases of the safety program. For example, conception design $100,000 to $300,000; final design $300,000 to $1,000,000; and construction repair $1,000,000 to $17,000,000. For the non-construction portion, awards can be from $10,000 up to $250,000.

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PROGRAM ACCOMPLISHMENTS:
In fiscal year 2002 the final design phase was completed on four project and an appropriation request was made for the construction phase of the projects in 2003.

REGULATIONS, GUIDELINES, AND LITERATURE:

25 CFR, Part 900; and Department of the Interior Safety of Dams (SOD) Program.

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:   Jack Byers Office of Trust Services, Division of Water and Power, Branch of Safety of Dams, Bureau of Indian Affairs, 13922 Denver West Pkwy, Lakewood, Colorado 80401 Email: jack.byers@bia.gov Phone: (303) 231-5222.

Web Site Address:  
http://www.bia.gov

EXAMPLES OF FUNDED PROJECTS:

Projects commonly encompass three phases of program work: conceptual design, involving engineering studies of construction alternatives; final design, including structural dam design and cost estimation; and construction repair, the physical rehabilitation of existing structures.

CRITERIA FOR SELECTING PROPOSALS:

Inspections for Safety Evaluation of Existing Dams (SEED) reports are conducted on a cyclic schedule; approximately 15-16 dams are evaluated each year (SEED reports are required on each dam under the responsibility of the Bureau of Indian Affairs every six years). The relative probability of dam failure (risk-of-failure) is determined from the technical factors used in the SEED report to determine placement on the Department of the Interior's Technical Priority Rating List. This priority list is then used to prioritize budget requests for repair of the Bureau's most unsafe dams. Approximately $2,000,000 of the funds for the dam maintenance program are distributed in accordance with the Technical Priority Rating listing for Department of the Interior dams.

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