Safety of Dams on Indian Lands
Published on AidPage by
IDILOGIC on Jun 24, 2005
Purpose of this program:
To improve the structural integrity of dams on Indian lands.
Possible 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.
Who is eligible to apply...
Federally Recognized Indian Tribal Governments and Native American Organizations authorized by Indian tribal governments to be benefited by the award.
Credentials/Documentation
The application must be accompanied by a resolution of the governing body of the Indian tribe.
Note:This is a brief description of the credentials or documentation required prior to, or along with, an application for assistance.
About this section:
This section indicates who can apply to the Federal government for assistance and the criteria the potential applicant must satisfy.
For example, individuals may be eligible for research grants, and the criteria to be satisfied may be that they have a professional or scientific degree,
3 years of research experience, and be a citizen of the United States. Universities, medical schools, hospitals, or State and local governments may also be eligible.
Where State governments are eligible, the type of State agency will be indicated (State welfare agency or State agency on aging) and the criteria that they
must satisfy.
Certain federal programs (e.g., the Pell Grant program which provides grants to students) involve intermediate levels of application processing, i.e., applications
are transmitted through colleges or universities that are neither the direct applicant nor the ultimate beneficiary. For these programs,
the criteria that the intermediaries must satisfy are also indicated, along with intermediaries who are not eligible.
How to apply...
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 Additional Contact Information - FMR Help.
Note: Each program will indicate whether applications are to be submitted to the Federal headquarters, regional or local office, or to a State or local government office.
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.
Note: Grant payments may be made by a letter of credit, advance by Treasury check, or reimbursement by Treasury check.
Awards may be made by the headquarters office directly to the applicant, an agency field office, a regional office,
or by an authorized county office. The assistance may pass through the initial applicant for further distribution by
intermediate level applicants to groups or individuals in the private sector.
Deadlines and process...
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.
Note:
When available, this section indicates the deadlines for applications to the funding agency which will
be stated in terms of the date(s) or between what dates the application should be received.
When not available, applicants should contact the funding agency for deadline information.
Range of Approval/Disapproval Time
Applications for construction projects will be processed within 90 days after receipt of the final proposal.
Preapplication 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.
Note:
This section indicates whether any prior coordination or approval is required with governmental or nongovernmental units
prior to the submission of a formal application to the federal funding agency.
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.
Note:
In some cases, there are no provisions for appeal. Where applicable, this section discusses appeal procedures or allowable rework time for resubmission
of applications to be processed by the funding agency. Appeal procedures vary with individual programs and are either listed in this section or
applicants are referred to appeal procedures documented in the relevant Code of Federal Regulations (CFR).
Renewals
Projects are generally multi-year agreements with no renewal. Under extenuating circumstances, extensions may be granted.
Note:
In some instances, renewal procedures may be the same as for the application procedure, e.g., for projects of a non-continuing nature renewals will be treated as new, competing applications; for projects of an ongoing nature, renewals may be given annually.
Who can benefit...
Federally Recognized Indian Tribal Governments and their members and Native American Organizations.
Beneficiaries
About this section:
This section lists the ultimate beneficiaries of a program, the criteria they must satisfy and who specifically is not eligible. The applicant and beneficiary will generally be the same for programs that provide assistance directly from a Federal agency. However, financial assistance that passes through State or local governments will have different applicants and beneficiaries since the assistance is transmitted to private sector beneficiaries who are not obligated to request or apply for the assistance.
What types of assistance...
Direct Payments for Specified Use
Financial assistance from the Federal government provided directly to individuals, private firms, and other private institutions to encourage or subsidize a particular activity by conditioning the receipt of the assistance on a particular performance by the recipient. This does not include solicited contracts for the procurement of goods and services for the Federal government.
How much financial aid...
Range and Average of Financial Assistance
Highly variable, depending on 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.
Note:
This section lists the representative range (smallest to largest) of the amount of financial assistance available. These figures are based upon funds awarded in the past fiscal year and the current fiscal year to date. Also indicated is an approximate average amount of awards which were made in the past and current fiscal years.
Obligations
(Total Amount of Awards) FY 03 $16,795,560; FY 04 est $16,792,000; and FY 05 est $16,795,000.
Note:
The dollar amounts listed in this section represent obligations for the past fiscal year (PY), estimates for the current fiscal year (CY), and estimates for the budget fiscal year (BY) as reported by the Federal agencies. Obligations for non-financial assistance programs indicate the administrative expenses involved in the operation of a program.
Account Identification
14-2301-0-1-452.
Note:
Note: This 11-digit budget account identification code represents the account which funds a particular program.
This code should be consistent with the code given for the program area as specified in Appendix III of the Budget of the United States Government.
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.
About this section
This section indicates the different types of projects which have been funded in the past. Only projects funded under Project Grants or Direct Payments for Specified Use should be listed here. The examples give potential applicants an idea of the types of projects that may be accepted for funding. The agency should list at least five examples of the most recently funded projects.
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.
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.
Assistance considerations...
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.
Formula and Matching Requirements
Not applicable.
Note:
A formula may be based on population, per capita income, and other statistical factors. Applicants are informed whether there are any matching requirements to be met when participating in the cost of a project. In general, the matching share represents that portion of the project costs not borne by the Federal government. Attachment F of OMB Circular No. A-102 (Office of Management and Budget) sets forth the criteria and procedures for the evaluation of matching share requirements which may be cash or in-kind contributions made by State and local governments or other agencies, institutions, private organizations, or individuals to satisfy matching requirements of Federal grants or loans.
Cash contributions represent the grantees' cash outlay, including the outlay of money contributed to the grantee by other public agencies, institutions, private organizations, or individuals. When authorized by Federal regulation, Federal funds received from other grants may be considered as the grantees' cash contribution.
In-kind contributions represent the value of noncash contributions provided by the grantee, other public agencies and institutions, private organizations or individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantees' in-kind contribution.
Maintenance of effort (MOE) is a requirement contained in certain legislation, regulations, or administrative policies stating that a grantee must maintain a specified level of financial effort in a specific area in order to receive Federal grant funds, and that the Federal grant funds may be used only to supplement, not supplant, the level of grantee funds.
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.
Note:
This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.
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.).
Note:
This section discusses audits required by the Federal agency.
The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133.
These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year,
as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period,
rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).
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.
Note:
This section indicates the record retention requirements and the type of records the Federal agency may require.
Not included are the normally imposed requirements of the General Accounting Office.
For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C.
For other programs, record retention is governed by the funding agency's requirements.
Regulations...
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.
Note:
This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).
Regulations, Guidelines, And Literature
25 CFR, Part 900; and Department of the Interior Safety of Dams (SOD) Program.