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.

OBJECTIVES:

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:  
The range is $10,000 to $200,000.

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:   Division Chief, Bureau of Indian Affairs, Division of Natural Resources, Office of Trust Services, 1849 C Street, NW, MS 4650 MIB, Washington, District of Columbia 20240 Phone: (202) 208-3956.

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

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.