[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Notices]
[Pages 60846-60849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20919]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Notice of Revised Instructions for Preparing and Prioritizing 
Water Program Funding Requests

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Indian Affairs (BIA) will implement revised 
procedures for preparing and prioritizing funding requests in order to 
improve the management of two water programs with non-recurring annual 
appropriations. The two programs are the Water Rights Negotiation/
Litigation Program (Water Rights Program) and the Water Resources 
Management, Planning and Pre-development Program (Water Resources 
Program). These water programs support the long-term goals of assisting 
Indian tribes in confirming and defining water rights, resolving claims 
through negotiation or litigation, and promoting the prudent 
conservation, management and use of natural resources.
    All of the BIA's water program managers and many water rights and 
water resources program managers employed by Indian tribes request 
these appropriations to support numerous Indian water rights litigation 
and negotiation efforts, to conduct water resources management, and to 
develop associated plans for tribal water resources. Typically, the 
BIA's Office of Trust Services receives more than 400 funding requests 
annually for water rights and water resources management-related 
activities. Funding requests are submitted by all 12 of the BIA's 
Regional Offices and approximately 150 to 175 Indian tribes each year.
    The current system for preparing and prioritizing water program 
funding requests needs improvement in order to provide BIA decision 
makers with more clear demarcations of priority. These revised 
procedures will allow for more effective prioritization and thus enable 
BIA decision makers to distribute more efficiently the available water 
program funds.

DATES: The revised procedures for preparing and prioritizing water 
program funding requests will be used to distribute funding in Fiscal 
Year 2006.

ADDRESSES: Jeffery Loman, Chief, Natural Resources, Office of Trust 
Services, Bureau of Indian Affairs, Mail Stop 4655-MIB, Code 210, 1849 
C Street, NW., Washington, DC 20240, Telephone (202) 208-7373.

FOR FURTHER INFORMATION CONTACT: Jeffery Loman, (202) 208-7373.

SUPPLEMENTARY INFORMATION: 

Water Rights Program

    The BIA manages the Water Rights Program for the purpose of 
confirming and defining Indian water rights through litigation and 
court decree or through negotiated settlement. The first priority for 
program funds is to provide all documentation and other materials 
deemed necessary to further the United States' water rights claims on 
behalf of Indian tribes or individuals. These materials may include 
preparing hydrographic survey reports; determining surface and ground 
water

[[Page 60847]]

supplies; identifying arable lands; completing a practicably irrigable 
acreage (PIA) assessment; determining point(s) and means of diversion, 
purpose(s) and place(s) of use, and amount of water diverted or 
depleted; and conducting studies to determine the water needs of fish, 
wildlife, or other resources for which Indian tribes have reserved 
rights. These funds may also be used to provide similar materials as 
necessary to facilitate active Indian water rights negotiations 
undertaken by the Secretary of the Interior.

Water Resources Program

    The BIA manages the Water Resources Program for the purpose of 
managing, conserving and utilizing reservation water resources. The 
first priority for these program funds is to provide necessary 
technical research, studies, and other information for Indian tribes to 
serve as informed and prudent managers of their water resources. These 
efforts may occur through partnerships or through coordination and 
cooperation with other governmental entities to obtain information 
describing surface and ground water assessments, inventories, 
monitoring, modeling and gauging. Additionally, these funds are used 
for the preparation of comprehensive reservation water management and 
development plans, use surveys, interagency drought management 
planning, and necessary assessments to define and characterize tribal 
water resources.

Activities Not Eligible for Funding

    Examples of activities typically not eligible for funding from 
either water program include:
    <bullet> Projects that duplicate work that the BIA has identified 
as necessary for its efforts, has undertaken, or has completed through 
its employees or contractors or through arrangements with other Federal 
agencies, including the U.S. Department of Justice;
    <bullet> Projects to design, construct, repair or improve water 
facilities, including domestic water supply, waste water, and 
irrigation or dam infrastructure, except to the extent that PIA 
analyses under the Water Rights Program require such design projects;
    <bullet> Development of recommendations or conditions in hydropower 
licensing procedures and water quality studies to initiate actions 
needed to address pollution problems;
    <bullet> Attorney fees and related expenses for legal services; and
    <bullet> Administrative overhead costs.

Preparing Funding Requests

    Funding requests should not be lengthy (2 to 3 pages maximum) and 
should not include endorsements or other extraneous information such as 
contractor proposals or contracts. The following information must be 
provided in funding requests:
    (1) Name and contact information (mailing address, e-mail, 
telephone and fax number) of person preparing the request.
    (2) Date of request.
    (3) Type of request (Congressional/Court Mandate, Water Rights 
Litigation Support, Active Water Rights Adjudication/Negotiation 
Support, Water Management, Water Planning/Pre-Development).

    Note: Congressional/Court Mandate-based requests must include a 
copy of the mandate, and Water Rights Litigation requests must 
include case citation. Also, the requests must state clearly the 
ultimate goal of the project in one sentence.

    (4) Copy of current tribal resolution or cover letter signed by 
tribal leader supporting request. (For all non-BIA generated requests.)
    (5) Project manager name and contact information (mailing address, 
e-mail, telephone and fax number).
    (6) DOI and DOJ Attorney name(s) and contact information for all 
water rights requests, including tribal requests. All water rights 
litigation/adjudication requests must be prepared in consultation with 
the Federal attorney(s), and consensus must be reached on the amount of 
funds requested for litigation support. Where consensus cannot be 
reached, an explanation should be included describing the position of 
the BIA Project Manager and the federal attorney(s).
    (7) Name and contact information of Federal Indian Water Rights 
Negotiation Team Chair for all water rights negotiation requests.
    (8) Project purpose and description, including: Summary of past 
accomplishments, if applicable; list of all outstanding activities yet 
to be completed or finalized; status of litigation, if applicable; and, 
status of negotiations, if applicable, including a list of primary 
participating parties.
    (9) Scope of Work, including project deliverables, method, and 
timeline to accomplish work.
    (10) Amount requested and budget justification, including a 
breakdown of labor/equipment costs per project task, a clear 
articulation of individual task priorities (as funding may not be 
available to support all requested activities), and total amount 
requested.

    Note: The request should be limited to the amount necessary to 
accomplish the proposed work in accordance with industry standards 
and to meet critical project objectives during the fiscal year for 
which funds are being requested.

    (11) History of funding received during the past 3 years from the 
Water Rights or Water Resources Programs, including a description of 
past accomplishments and an explanation of any amount(s) unexpended.
    Funding requests do not need to identify the specific water program 
from which funds are being requested. The BIA will determine the 
appropriate program(s) based on the information provided in the 
requests.

Prioritizing Water Program Funding Requests

    The Deputy Director, Office of Trust Services, will make final 
decisions for the distribution of funding from the Water Rights and 
Water Resources Programs. In order to receive funding from these 
programs, all funding requests must be in strict accordance with the 
directions provided above. All funding requests, including those from 
Indian tribes, must be submitted by the Regional Water Programs 
Coordinator to the Office of Trust Services, Division of Natural 
Resources, Water Programs Branch, on or before September 15 of each 
year. Therefore, the Regional Water Programs Coordinators must set the 
deadline by which the Indian tribes in their respective regions must 
submit their requests to the Regional Office, and the Coordinators must 
communicate this information to the Indian tribes they service 
annually. Any additional requests or requests for changes or additions 
to previously submitted requests forwarded after September 15 of each 
year must be accompanied by a memorandum from the respective Regional 
Director providing justification for any post-deadline submissions.
    The BIA will complete the funding allocation decision process for 
these programs by October 31 of each year, unless Congress has not yet 
completed the appropriations process for the Interior Department and 
related agencies. The BIA also cannot distribute funds until Congress 
completes the appropriations process for the BIA.

Water Programs Coordinator

    Each Regional Director will identify a Water Programs 
Coordinator(s). The Coordinator(s) will be responsible for forwarding 
the instructions set forth in this notice to all Indian tribes and 
appropriate Bureau field offices serviced by each respective Regional 
Office. The

[[Page 60848]]

Coordinator(s) will also be responsible for collecting the requests, 
reviewing each request to determine that funding is being requested for 
eligible activities, and determining whether the amount of funds being 
requested is in accordance with industry standards or is otherwise 
reasonable. After reviewing each request, the Coordinator(s) and other 
BIA staff may make suggestions for improvement or corrections as 
necessary. Once the reviews are completed, the Water Programs 
Coordinators will prepare a summary of all funding requests for their 
respective regions, listing the projects in order of priority, and send 
a copy of the requests and summary to the Office of Trust Services, 
Water Programs Branch, Mail Stop 4600-MIB, 1849 C Street, NW., 
Washington, DC 20240, on or before September 15 of each year.

Water Funding Prioritization Team

    The Office of Trust Services' Water Programs Branch staff will 
assemble all BIA funding requests, including Central Office requests, 
and prepare a master summary with the original Regional Office 
delineation of priorities intact. A Water Funding Prioritization Team 
shall be established, with BIA members being appointed by the Deputy 
Director, Office of Trust Services, and shall consist of one 
representative from the Office of Trust Services, three representatives 
from any of the BIA's Regional Offices, one representative from the 
Secretary of the Interior's Indian Water Rights Office, and one 
representative from the Office of the Solicitor, Division of Indian 
Affairs. The Regional Office Team members will be selected at random 
and rotated each year so that every Regional Office participates on an 
equal basis. The Team will be provided a copy of each request and the 
master summary. The Team will prioritize each request in accordance 
with the following criteria:

Water Rights Program (34420)

    (1) Congressional and Court Mandates:
    Assign 100 points to each request for activities essential for 
supporting compliance with a Congressional or Court mandate that the 
BIA must fulfill. No further ranking is necessary.
    (2) Indian Water Rights Litigation/Adjudication with Time 
Sensitivity:
    Assign 60 to 70 points to each request for activities essential for 
supporting active Indian water rights litigation/adjudication with 
court-mandated deadline(s) for which work must commence or continue to 
meet those deadline(s).
    (3) Indian Water Rights Litigation/Adjudication without Time 
Sensitivity:
    Assign 50 to 60 points to each request for activities essential for 
supporting an active Indian water rights litigation/adjudication for 
which no specific court-mandated deadline is evident.
    (4) Indian Water Rights Negotiations with Time Sensitivity:
    Assign 50 to 60 points to each request for activities essential for 
supporting active Indian water rights negotiations or settlement 
implementation for which the activities are required to meet a specific 
schedule recognized by the Secretary of the Interior's Indian Water 
Rights Office.
    (5) Indian Water Rights Negotiations without Time Sensitivity:
    Assign 30 to 40 points to each request for activities essential for 
supporting active Indian water rights negotiations or settlement 
implementation for which no specific time requirement has been 
indicated. As with the previous category, these situations typically 
involve a Secretarial priority and/or have a Federal negotiation team 
assigned.
    (6) Indian Water Rights Litigation/Adjudication/Negotiation 
Feasibility:
    Assign 20 to 30 points to each request for activities essential for 
supporting the development of Indian water rights claims for the 
purpose of establishing the feasibility of future negotiations, 
adjudication or litigation but for which no current negotiation or 
litigation is taking place.

Water Resources Program (34020)

    (1) Water Management--Indian Water and Associated Reserved 
Resources:
    Assign 50 to 60 points to each request for activities essential for 
supporting water management activities necessary for the use of tribal 
water resources or to protect against the encroachment on or management 
of tribal water and associated reserved resources.
    (2) Water Management--Coordination/Cooperation/Consultation/
Conservation:
    Assign 30 to 40 points to each request for activities essential for 
supporting water management activities necessary for intergovernmental 
cooperation, consultation, and coordination designed to conserve water 
and associated reserved resources.
    (3) Water Management--Other:
    Assign 20 to 30 points to each request for activities essential for 
supporting other water management activities not previously listed.
    (4) Water Planning and Pre-Development--Indian Water:
    Assign 30 to 40 points to each request for activities essential for 
the planning or pre-development of tribal water rights.
    (5) Water Planning and Pre-Development--Other:
    Assign 20 to 30 points to each request for activities essential for 
the planning or development of multi-jurisdictional waters.
    (6) All Water Program Funding--Cost Effectiveness:
    Assign an additional 1 to 10 points to each request based on the 
degree of overall cost effectiveness, where the estimated cost of each 
activity is appropriate for the objectives to be accomplished and the 
amount requested comports with industry standards and is otherwise 
reasonable. Examples of cost effectiveness include requests that 
demonstrate benefits to be gained through leveraging funding from 
multiple agencies and those that will complete projects more 
efficiently within the current funding cycle.
    (7) All Water Program/Project Funding--Compliance with Requesting 
Guidelines:
    Assign an additional 1 to 10 points to each request based on the 
degree of adherence to the instructions set forth in this notice.
    (8) All Water Program/Project Funding--Efficiency and 
Accomplishment:
    Assign an additional 1 to 10 points to each request based on the 
degree of accomplishment in utilizing funds previously provided or 
anticipated efficiency in utilizing funds in the future.

Instructions for Water Funding Prioritization Team

    In assigning points to each funding request, Water Funding 
Prioritization Team members will consider the degree to which requested 
funds will support the establishment of title to Indian water. Team 
members will also take into account any urgency with respect to the 
need to complete activities or how the activities will promote and 
support coordination, cooperation, consultation and conservation in 
water management and planning. A request involving multiple categories 
of activities should be carefully evaluated. Team members must also 
take into account the need to support the trust responsibility of the 
United States.
    The Team will compile the scores of each member on a master list 
and obtain an average score by dividing the total of each member's 
score for each request by the number of team members. The Team will 
enter the average score for each request on the master summary and 
provide the master summary to the Deputy Director, Office of Trust

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Services, on or before October 15 of each year. Although a single 
ranking is conducted, the BIA will utilize the scores to make funding 
decisions for projects supporting both the Water Rights Program and the 
Water Resources Program. Funding for all requests will be provided from 
the appropriate program consistent with the intent of Congress.

Distribution Decision Making and Reserved Funds

    When the total amount of appropriations for each program is 
insufficient to fund all requests, the Deputy Director, Office of Trust 
Services, will determine the appropriate cut-off for funding the 
requests received and will reserve 3 percent to 5 percent of the total 
amount from each program to fulfill unforeseen high priority 
contingencies (e.g., court-ordered activities or other emergencies). 
This determination may include a decision not to fund lower-ranking 
requests and/or to conduct across the board funding reductions, 
beginning first, and in magnitude, with water planning and pre-
development activities, followed by water management, water rights 
negotiation, water rights adjudication and finally, and only when 
absolutely necessary and while maintaining efficiency and effective 
prosecution of each legal requirement, active water rights litigation 
support.

    Authority: This notice is published in accordance with the 
authority delegated by the Secretary of the Interior to the 
Principal Deputy Assistant Secretary--Indian Affairs by part 209 of 
the Departmental Manual.

    Dated: October 3, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 05-20919 Filed 10-18-05; 8:45 am]
BILLING CODE 4310-W7-P