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15.508 PROVIDING WATER TO AT-RISK NATURAL DESERT TERMINAL LAKES

(Desert Terminal Lakes)

FEDERAL AGENCY
BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR

AUTHORIZATION
Farm Security and Rural Investment Act of 2002, Sec. 2507, Public Law 107-171; Energy and Water Development Appropriations Act, 2003, Title II, Sec. 207, Public Law 108-7 (to implement the Truckee River Settlement Act, Public Law 101-618); and Energy and Water Development Appropriations Act, 2004, Title II, Sec. 217, Public Law 108-137; and Public Law 109-103, Energy and Water Development Appropriations Act, 2006, Title II, Sec. 208.

OBJECTIVES
Under this authority, Reclamation will fund various activities that will provide water to at-risk natural desert terminal lakes or fund earmarked activities.

TYPES OF ASSISTANCE
Project Grants (Cooperative Agreements).

USES AND USE RESTRICTIONS
Funding is directed to be used to provide water only to Walker Lake, Pyramid Lake, and Summit Lake in the State of Nevada. Funding is earmarked in legislation for other specific projects. Reclamation is restricted from using the funds to purchase or lease water rights, unless specifically directed otherwise.

Applicant Eligibility
State and local public agencies, Indian tribes, nonprofit organizations, and individuals may submit a proposal which will be considered by Reclamation. Foreign entities and Federal agencies are not eligible to apply.

Beneficiary Eligibility
State and local entities, public nonprofit institutions/organizations, other public institutions/organizations, Federally recognized Indian Tribal Governments, individuals, small businesses, profit organizations, private organizations, quasi-public nonprofit organizations, other private institutions/organization, general public, native American organizations, farmers/ranchers/agriculture producers, and land/property owners.

Credentials/Documentation
(1) A detailed written technical proposal including background data regarding the applicant, technical approach proposed to accomplish the work, a scope of work that separates the work into major tasks, type of personnel implementing the proposal, experience in performing this type of work, benefits to be received by implementation of the project(s), environmental impact(s), an estimate of the amount of water that will reach the impacted desert terminal lake as a result of accomplishing the work, how that amount of water was estimated, timeline(s), the level of cooperation with other parties involved in the proposal, and other information that may be useful for proposal evaluation. (2) A detailed cost proposal by project including a budget covering labor categories, salaries and wages with estimated hours, fringe benefits, travel, equipment, supplies, subcontracts, indirect cost rates, other funding sources and commitments, cost-sharing, value of in-kind contributions of goods and services, and a narrative discussion.

Preapplication Coordination
Funding is allowed for work that will provide water to three specified desert terminal lakes in Nevada. An Environmental Impact Statement or Environmental Assessment may be required depending on the nature of the proposal and its impact on the environment. Summit and Walker Lakes Preapplication Coordination: Although it is not mandatory, Reclamation strongly encourages offerors to submit a pre-proposal to eliminate the possibility of submitting a full proposal that would not be considered for award. The pre-proposal should describe 1) how the proposal will provide water to the terminal lake, 2) the quantity of water anticipated to be provided, 3) the associated estimated cost, 4) potential environmental impacts, 5) state, local and other permits or approvals needed to implement the proposal. Pyramid Lake Preapplication Coordination: On a periodic basis, a pre-proposal solicitation announcement is issued by Reclamation; the initial solicitation occurred in FY05. This program is excluded from coverage under E.O. 12372. No additional solicitation is planned in FY06.

Application Procedure
Funding is allowed for work that will provide water to three specified desert terminal lakes in Nevada. For Summit Lake, Reclamation will only accept proposals from the Summit Lake Paiute Tribe, since the lake is entirely within the reservation boundaries and any proposal affecting the lake would need the consent of the Tribe. For Walker Lake, Reclamation will accept applications after the applicant provides enough preapplication information to Reclamation to assure that the proposed work will provide water to Walker Lake, the associated cost is reasonable, and it is likely Reclamation can satisfy its federal Indian trust, endangered species, environmental, and other responsibilities. For Pyramid Lake, a Request for Proposals (RFP) is issued periodically by Reclamation. Discretionary funding opportunities will be posted on Grants.gov. Submission of a complete technical proposal and a project budget proposal in accordance with the instructions in the RFP is mandatory. In addition, applicants must submit all applicable SF424 forms, which are referenced in the RFP.

Award Procedure
For Summit Lake and Walker Lake, proposals are evaluated using a merit-based review process. For Pyramid Lake, proposals received in response to the RFP are reviewed on the basis of a competitive, merit-based review process, and are rated in accordance with the evaluation criteria stated in the RFP. Reclamation will make awards to the highest rated proposals based on the amount of funding available each solicitation period. Reclamation reserves the right to prioritize projects based on availability of funds and to ensure balance among the program objectives listed in the RFP.

Deadlines
Contact Reclamation for solicitation and proposal dates and deadlines.

Range of Approval/Disapproval Time
Contact Reclamation for the range of time when proposals are approved or disapproved.

Appeals
None. Reclamation will, however, provide all applicants with information on why their proposals were not selected.

Renewals
Funding is available until all funds have been expended for this program. Additional funding for the program is at the discretion of Congress. Any request for a time extension must be in writing in accordance with the provisions stated in the agreement. On March 2, 2006, the Commissioner of Reclamation proposed to Congress that $88 million of unobligated Desert Terminal Lakes Program funding be used for a budget rescission; until this is resolved by Congress, no funds will be available beyond those now being processed or that have been previously legislatively earmarked.

Formula and Matching Requirements
This program has no statutory formula or matching requirements. Applicants are encouraged to cost share with other funding partners when possible.

Length and Time Phasing of Assistance
There is no time restriction placed on the use of the funds. A schedule will be established between Reclamation and the recipient at the time of award. Any request for a time extension must be in writing in accordance with the provisions stated in the agreement.

Reports
The recipient must furnish quarterly and final financial reports; quarterly, annual and final performance reports; and significant development reports as needed.

Audits
In accordance with the provisions of OMB Circular A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Nonprofit organizations," nonfederal entities that expend $500,000 or more in a year in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in OMB Circular A-133.

Records
The recipient shall maintain project records in accordance with applicable OMB Circular regulations.

Account Identification
14-0680-0-1-301.

Obligations
(Grants and Cooperative Agreements) FY 07 $7,000,000; FY 08 est. $75,000,000; and FY 09 est. $20,000,000.

Range and Average of Financial Assistance
Will be provided in the RFP issued and future updates.

PROGRAM ACCOMPLISHMENTS
During FY04, 4 of 8 earmarked proposals were awarded in the amount of $1,633,000.00 and two (2) other projects in the amount of $2,396,811.00. During FY05, 2 earmarked proposals were awarded in the amount of $1.5 million. During FY06 it is anticipated that $95 million of earmarked funding will be awarded, along with two other projects in the amount of $1.5 million. It is estimated that proposals will be issued in subsequent fiscal years until the funding is expended. The number of awards will be based on the funding requested in the proposal and based on the merit to the program.

REGULATIONS, GUIDELINES, AND LITERATURE
43 CFR 12, http://www.access.gpo.gov/nara/cfr/cfr-table-search.html#page1; OMB Circulars, http://www.whitehouse.gov/omb/grants/grants_circulars.html; Standard Forms, http://www.whitehouse.gov/omb/grants/grants_forms.html. Documents may also be obtained by contacting Reclamation.

Regional or Local Office
Technical/Program Information - contact Bureau of Reclamation, Lahontan Basin Area Office, Attention: Carol Grenier, 705 North Plaza Street, Room 320, Carson City, Nevada 89701-4015. Telephone: (775) 882-3436. Fax (775) 882-7592. Email cgrenier@mp.usbr.gov. Acquisition Office - contact Bureau of Reclamation, Mid-Pacific Regional Office, Acquisition Services, 2800 Cottage Way, Room E-1815, Sacramento, California 95825-1898. Telephone: (916) 978-5130. Fax (916) 978-5175/5182. Email 2WG3@mp.usbr.gov.

Headquarters Office
None.

Web Site Address
http://www.usbr.gov/mp/lbao/desert_terminal/index.html

RELATED PROGRAMS
None.

EXAMPLES OF FUNDED PROJECTS
Infrastructure improvement at a state wildlife management area that will improve water management and consequently allow conserved water to flow to a terminal lake. Infrastructure design and analysis at a geothermal plant to determine whether their current discharge could be transferred to a terminal lake instead of being allowed to evaporate. River restoration with an associated water right transfer. Increased use of recirculated water at a tribal fish hatchery.

CRITERIA FOR SELECTING PROPOSALS
None.


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)