Arizona Water Settlement Act of 2004
Program Funding
Annual program obligations reported to SAM.gov.
Funded Projects
Examples of what this program has supported.
Program Objective
Pursuant to the Arizona Water Settlements Act of 2004, the Secretary of the Interior was directed to construct or fund construction of various facilities that are contractable pursuant to the Indian Self-Determination and Education Assistance Act, as amended.
Eligibility
Eligible Applicants
- Local governments
- Federally recognized tribes
- For-profit organizations
- Native American organizations
Eligibility is limited to financial actions identified in Public Law 108-451, the Arizona Water Settlements Act of 2004
Beneficiaries
- 19
Authorized beneficiaries are identified in the statute and include the state of Arizona, state of New Mexico, various irrigation and water districts, local entities and municipalities and Tribal Governments.
How to Apply
Application Procedure
For Public Law 93-638 Contracts, Grants, and Agreements Only –
Initial proposals must contain the information specified in 25 CFR Part 900. Proposals shall be submitted to the applicable Reclamation office with the responsibility for the specific project for which a federally recognized Tribe or Tribal Organization with responsibility.
Award Procedure
Awards are identified by the statute and supporting documents and are distributed either by direct payment, contracts approved as exhibits to the statute or pursuant to P.L. 93-638 contracts for Tribes.
For Public Law 93-638 Contracts, Grants, and Agreements Only –
Reclamation and the federally recognized Tribe or Tribal Organization develop a negotiation schedule and then negotiate the overarching contract award terms, provisions and conditions based on the requirements of Public Law 93-638, 25 CFR Part 900, any specific requirements of the project authorizing legislation, and other applicable Federal laws and regulations. Reclamation and the Tribe/Tribal Organization also negotiate an annual funding agreement (AFA), which identifies activities to be performed, funds to be provided, and the method of payment of the initial year of the contract. A final contract agreement is prepared based upon the outcome of negotiations; attachments include the work plan, budget, tribal resolution, initial ADA, property listing, project schedule, and list of any other applicable provisions, terms and conditions.
Contact Reclamation for the range of time when proposals are approved or disapproved.
Program details & compliance
Use of Funds
Allowed Uses
Title I, “Central Arizona Project Settlement” – With respect to:
(1) the water provided by the Central Arizona Project to
Maricopa, Pinal, and Pima Counties in the State of Arizona,
is vital to citizens of the State; and
(2) an agreement on the allocation of Central Arizona
Project water among interested persons, including Federal and State interests, would provide important benefits to the Federal Government, the State of Arizona, Arizona Indian Tribes, and the citizens of the State.
In accordance with the CAP repayment contract, the Central
Arizona Project may be used to transport non-project water for:
(1) domestic, municipal, fish and wildlife, and industrial
purposes; and
(2) any purpose authorized under the Colorado River Basin
Project Act (43 U.S.C. 1501 et seq.).
Title I, Section 104, Authorization of Appropriation:
Authorized to be appropriated such sums as are necessary to comply with—
(1) the 1994 biological opinion, including any funding transfers
required by the opinion;
(2) the 1996 biological opinion, including any funding transfers
required by the opinion; and
(3) any final biological opinion resulting from the 1999 biological opinion, including any funding transfers required by the opinion.
Title II, “Gila River Indian Community Water Rights Settlement” - - The purposes of this title is:
(1) to resolve permanently certain damage claims and all
water rights claims among the United States on behalf of
the Community, its members, allottees, and the Community
and its neighbors;
(2) to authorize, ratify, and confirm the Gila River agreement;
(3) to authorize and direct the Secretary to execute and
perform all obligations of the Secretary under the Gila River
agreement;
(4) to authorize the actions and appropriations necessary
for the United States to meet obligations of the United States
under the Gila River agreement and this title; and
(5) to authorize and direct the Secretary to execute the
New Mexico Consumptive Use and Forbearance Agreement to
allow the Secretary to exercise the rights authorized by subsections
(d) and (f) of section 304 of the Colorado River Basin
Project Act (43 U.S.C. 1524).
Title III, “Southern Arizona Water Rights Settlement” -- ‘‘The purposes of this title are:
‘‘(1) to authorize, ratify, and confirm the agreements
referred to in section 309(h);
‘‘(2) to authorize and direct the Secretary to execute and
perform all obligations of the Secretary under those agreements;
and
‘‘(3) to authorize the actions and appropriations necessary
for the United States to meet obligations of the United States, under those agreements and this title.
Title IV, San Carlos Apache Tribes Water Rights Settlement - - With respect to the :
None of the provisions of title I, II, or III or the agreements,
attachments, exhibits, or stipulations referenced in those titles shall
be construed to—
(1) amend, alter, or limit the authority of—
(A) the United States to assert any claim against any
party, including any claim for water rights, injury to water
rights, or injury to water quality in its capacity as trustee
for the San Carlos Apache Tribe, its members and allottees,
or in any other capacity on behalf of the San Carlos Apache
Tribe, its members, and allottees, in any judicial, administrative,
or legislative proceeding; or
(B) the San Carlos Apache Tribe to assert any claim
against any party, including any claim for water rights,
injury to water rights, or injury to water quality in its
own behalf or on behalf of its members and allottees in
any judicial, administrative, or legislative proceeding consistent
with title XXXVII of Public Law 102–575 (106 Stat. 4600, 4740); or
(2) amend or alter the CAP Contract for the San Carlos
Apache Tribe dated December 11, 1980, as amended April
29, 1999.
Required Documentation
For Public Law 93-638 Contracts, Grants or Agreements Only –
(1) Each ‘638 contract, grant, or cooperative agreement requires project specific authority;
(2) Detailed written technical proposals including background data regarding the tribal client, technical approaches proposed to accomplish the work, scopes of work that separate the work into major tasks, type of personnel to implement the proposals, experience in performing these types of work, timeliness, the levels of cooperation with other parties involved in the proposals, and other information that may be useful for proposal evaluation;
(3) Detailed project cost proposals, including budgets with estimated project costs, including salaries and wages, fringe benefits, travel, equipment, supplies, contracts, and indirect costs, and the values of any in-kind contributions of goods and services; and
(4) The awarded ‘638 contract, grant or cooperative agreement must contain an authorization resolution from a federally recognized Tribe or Tribal Organization.
Reporting & Compliance
Applicable 2 CFR 200 Subparts
- Subpart B — General Provisions
- Subpart C — Pre-Federal Award Requirements
- Subpart D — Post-Federal Award Requirements
- Subpart E — Cost Principles
- Subpart F — Audit Requirements