**I N D E X**

**GENERAL PROVISIONS**

1\. Regulations and Guidance . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 1

2\. Debarment and Suspension . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 2

3\. Drug-Free Workplace . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . 2

4\. Assurances and Certifications Incorporated by Reference . . . . . .
. . . . . . . . . . . . . . . . 2

5\. Covenant Against Contingent Fees . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 2

6\. Contracting with Small and Minority Firms, and Women=s Business
Enterprises . . . . . 2

7\. Notice Regarding Buy American Act. . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 3

8\. Resolving Disagreements . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . 3

9\. Lobbying Restrictions . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . 4

10\. Electronic Funds Transfer . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . 4

11\. Endorsement of Commercial Products and Services . . . . . . . . . .
. . . . . . . . . . . . . . 4

**GENERAL PROVISIONS**

1\. **[Regulations and Guidance]{.underline}**

The regulations at 43 CFR, Part 12, Subparts A, C, E, and F, are hereby
incorporated by reference as though set forth in full text. The
following Office of Management and Budget (OMB) Circulars, as
applicable, and as implemented by 43 CFR Part 12, are also incorporated
by reference and made a part of this agreement. Failure of a recipient
to comply with any provision may be the basis for withholding payments
for proper charges made by the recipient and for termination of support.
Copies of OMB Circulars are available on the Internet at
http://www.whitehouse.gov/omb/grants/grants_circulars.html. The
implementation of the circulars at 43 CFR Part 12 is available at
http://www.access.gpo.gov/nara/cfr/cfr‑table‑search.html#page1.

a\. **Agreements with colleges and universities shall be in accordance
with the following circulars:**

Circular A‑21, revised May 10, 2004, \"Cost Principles for Educational
Institutions\"

> Circular A‑110, as amended September 30, 1999, \"Uniform
> Administrative Requirements for Grants and Agreements with
> Institutions of Higher Education, Hospitals, and Other Non-Profit
> Organizations\"
>
> Circular A-133, revised June 27, 2003, \"Audits of States, Local
> Governments, and Non-Profit Organizations\"

b\. **Agreements with State and local governments shall be in accordance
with the provisions of the following circulars:**

> Circular A‑87, revised May 10, 2004, \"Cost Principles for State,
> Local, and Indian Tribal Governments\"
>
> Circular A‑102, as amended August 29, 1997, \"Grants and Cooperative
> Agreements with State and Local Governments\" (Grants Management
> Common Rule, Codification by Department of Interior, 43 CFR 12)
>
> Circular A-133, revised June 27, 2003, AAudits of States, Local
> Governments, and Non-Profit Organizations\"

c\. **Agreements made with nonprofit organizations shall be in
accordance with the following circulars and provisions:**

> Circular A‑110, as amended September 30, 1999, \"Uniform
> Administrative Requirements for Grants and Agreements With
> Institutions of Higher Education, Hospitals, and Other Non-Profit
> Organizations\"

Circular A‑122, revised May 10, 2004, ACost Principles for Non-Profit
Organizations\"

> Circular A-133, revised June 27, 2003, AAudits of States, Local
> Governments, and Non-Profit Organizations@

d\. **All agreements with organizations other than those indicated
above** shall be in accordance with the basic principles of OMB Circular
A-110, and cost principles shall be in accordance with 48 CFR Subpart
31.2 titled \"Contracts with Commercial Organizations\" which is
available on the Internet at
http://www.access.gpo.gov/nara/cfr/cfr‑table‑search.html#page1.

2\. **[Debarment and Suspension]{.underline}**

The Department of the Interior regulations at 43 CFR 42---Governmentwide
Debarment and Suspension (Nonprocurement), which adopt the common rule
for the governmentwide system of debarment and suspension for
nonprocurement activities, are hereby incorporated by reference and made
a part of this agreement. By entering into this grant or cooperative
agreement with the Bureau of Reclamation, the recipient agrees to comply
with 43 CFR 42, Subpart C, and agrees to include a similar term or
condition in all lower-tier covered transactions. These regulations are
available at
http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_43/43cfr42_00.html .

3\. **[Drug-Free Workplace]{.underline}**

The Department of the Interior regulations at 43 CFR 43---Governmentwide
Requirements for Drug-Free Workplace (Financial Assistance), which adopt
the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et
seq, as amended) applicable to grants and cooperative agreements, are
hereby incorporated by reference and made a part of this agreement. By
entering into this grant or cooperative agreement with the Bureau of
Reclamation, the recipient agrees to comply with 43 CFR 43, Subpart B,
if the recipient is not an individual, or with 43 CFR 43, Subpart C, if
the recipient is an individual. These regulations are available at
http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_43/43cfr43_00.html .

4\. **[Assurances and Certifications Incorporated by
Reference]{.underline}**

a\. The provisions of the Assurances, SF 424B or SF 424D as applicable,
executed by the Recipient in connection with this agreement shall apply
with full force and effect to this agreement as if fully set forth in
these General Provisions. Such Assurances include, but are not limited
to, the promise to comply with all applicable Federal statutes and
orders relating to nondiscrimination in employment, assistance, and
housing; the Hatch Act; Federal wage and hour laws and regulations and
work place safety standards; Federal environmental laws and regulations
and the Endangered Species Act; and Federal protection of rivers and
waterways and historic and archeological preservation.

b\. When required by 43 CFR 18---New Restrictions on Lobbying,
recipients shall complete a Certification Regarding Lobbying form. This
certification is incorporated by reference and made a part of this
agreement. These regulations are available at
http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_43/43cfr18_00.html .

5\. **[Covenant Against Contingent Fees]{.underline}**

The recipient warrants that no person or agency has been employed or
retained to solicit or secure this agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent
fee, excepting bona fide employees or bona fide offices established and
maintained by the recipient for the purpose of securing agreements or
business. For breach or violation of this warranty, the Government shall
have the right to annul this agreement without liability or, in its
discretion, to deduct from the agreement amount, or otherwise recover,
the full amount of such commission, percentage, brokerage, or contingent
fee.

6\. **[Contracting with Small and Minority Firms, and Women\'s Business
Enterprises]{.underline}**

It is a national policy to award a fair share of contracts to small and
minority business firms. The Department of the Interior is strongly
committed to the objectives of this policy and encourages all recipients
of its grants and cooperative agreements to take affirmative steps to
ensure such fairness.

a\. The grantee and subgrantee shall take all necessary affirmative
steps to assure that minority firms, and women\'s business enterprises
are used when possible.

b\. Affirmative steps shall include:

\(1\) Placing qualified small and minority businesses and women\'s
business enterprises on solicitation lists;

\(2\) Assuring that small and minority businesses, and women\'s business
enterprises are solicited whenever they are potential sources;

\(3\) Dividing total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and
minority business, and women\'s business enterprises;

\(4\) Establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority business, and
women\'s business enterprises;

\(5\) Using the services and assistance of the Small Business
Administration, and the Minority Business Development Agency of the
Department of Commerce as appropriate, and

\(6\) Requiring the prime contractor, if subcontracts are to be let, to
take the affirmative steps listed in b.(1) through (5) above.

7\. **[Notice Regarding Buy American Act]{.underline}**

In accordance with the annual Energy and Water Development
Appropriations Act, please be advised that it is and has been the sense
of Congress that, to the greatest extent practicable, all equipment and
products purchased with funds made available in this Act should be
American-made. This provision shall remain in effect unless revoked by a
future specific act of Congress.

8\. **[Resolving Disagreements]{.underline}**

When entering into a cooperative agreement with a recipient, Reclamation
commits itself to working with the recipient in a harmonious manner to
achieve the objectives of the project successfully. When disagreements
arise between the parties, they must be resolved according to the
procedures discussed below:

a\. Reclamation shall attempt first to resolve disagreements with the
recipient through informal discussion among the Grants or Contract
Specialist, the Program Officer, and the recipient\'s Project Director.

b\. If the disagreement cannot be resolved through informal discussion
between these parties, the Grants Specialist and the Program Officer
shall document the nature of the disagreement and bring it to the
attention of the Grants Officer.

c\. After reviewing the facts of the disagreement, as presented by the
Grants and Program Offices, the Grants Officer will arrange a formal
meeting. If agreement still cannot be reached, the parties will
collectively decide on any varied approaches which might be used to
resolve the disagreement. The parties shall be responsible for their
individual expenses related to any approach utilized to resolve the
disagreement. If attempts at resolving the disagreement fail, the Chief,
Acquisition and Assistance Management Services, or the Regional
Director, whichever is applicable, shall make a decision which shall be
final and conclusive.

d\. Nothing herein shall be construed to delay or limit Reclamation=s
right to take immediate and appropriate action, as set forth at 43 CFR
Subpart 12.83 or 12.962, as applicable, in the event of material
noncompliance by the recipient, and no attempts at informal resolution
shall be necessary.

Any post award issue will be open for resolution in accordance with the
above procedures, with the exception of disagreements regarding
continuation of the agreement (termination must be in accordance with 43
CFR 12), or other matters specifically addressed by the agreement
itself.

9\. **[Lobbying Restrictions]{.underline}**

In accordance with the annual Energy and Water Development
Appropriations Act, please be advised that it is and has been the sense
of Congress that none of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence Congressional action on
any legislation or appropriation matters pending before Congress, other
than to communicate to Members of Congress as described in 18 U.S.C.
1913. This provision shall remain in effect unless revoked by a future
specific act of Congress.

10\. **[Electronic Funds Transfer (EFT)]{.underline}**

In accordance with the Debt Collection Improvement Act of 1996, 31 CFR
208, effective January 2, 1999, all Federal payments to recipients must
be made by EFT unless a waiver has been granted in accordance with 31
CFR 208.4. Upon award of a financial assistance agreement, Reclamation
will provide the recipient with further instructions for implementation
of EFT payments or a certification form to request exemption from EFT.

11\. **[Endorsement of Commercial Products and Services]{.underline}**

In accordance with 43 CFR 12.2(d), this provision applies to grants and
cooperative agreements whose principal purpose is a partnership where
the recipient contributes resources to promote agency programs,
publicize agency activities, assists in fund-raising, or provides
assistance to the agency. If the agreement is awarded to a recipient,
other than a State government, a local government, or a
federally-recognized Indian tribal government, and the agreement
authorizes joint dissemination of information and promotion of
activities being supported, the following provision shall be made a term
and condition of the award:

> Recipient shall not publicize or otherwise circulate, promotional
> material (such as advertisements, sales brochures, press releases,
> speeches, still and motion pictures, articles, manuscripts or other
> publications) which states or implies governmental, Departmental,
> bureau, or government employee endorsement of a product, service or
> position which the recipient represents. No release of information
> relating to this award may state or imply that the Government approves
> of the recipient\'s work products, or considers the recipient\'s work
> product to be superior to other products or services.
>
> All information submitted for publication or other public releases of
> information regarding this project shall carry the following
> disclaimer:
>
> AThe views and conclusions contained in this document are those of the
> authors and should not be interpreted as representing the opinions or
> policies of the U.S. Government. Mention of trade names or commercial
> products does not constitute their endorsement by the U.S.
> Government.@
>
> Recipient must obtain prior Government approval for any public
> information releases concerning this award which refer to the
> Department of the Interior or any bureau or employee (by name or
> title). The specific text, layout photographs, etc. of the proposed
> release must be submitted with the request for approval.
>
> A recipient further agrees to include this provision in a subaward to
> any subrecipient, except for a subaward to a State government, a local
> government, or to a federally-recognized Indian tribal government.