Miscellaneous Public Law 93-638 Contracts, Grants, and Cooperative Agreements

Project funds are to be provided on a non-reimbursable basis for construction and/or non-construction activities which are primarily for the benefit of Indians because of their status as Indians.

Examples of Funded Projects

Operation and maintenance of Navajo Indian irrigation project facilities, conducting studies to identify water needs for the Tule River Reservation, pre-construction work for creation of a fish hatchery at Walker Lake, Rio Grande Restoration Project at Pueblo of Santa Ana, identify and evaluate the rehabilitation and betterment needs of the Crow Irrigation Project.

Agency - Department of the Interior

The Department of the Interior protects and provides access to the Nation's natural and cultural heritage, including responsibilities to Indian tribes and island communities. Departmental goals include resource protection and usage, overseeing recreational opportunities, serving communities and excellence in management.

Program Accomplishments


Uses and Use Restrictions

Contracts, grants, and cooperative agreements are authorized for construction and non-construction projects.

Certain restrictions will be applicable based on the specific statuatory authority that authorizes the project.

This CFDA number will not be utilized if there is a more specific CFDA number applicable to the project such as for projects awarded under the Colorado Ute Indian Water Rights Settlement Act.

Eligibility Requirements

Applicant Eligibility

Federally recognized Indian tribes and tribal organizations in the 17 western states are eligible applicants; however, eligibility alone does not establish a "program."

Beneficiary Eligibility

Federally recognized Indian tribes and tribal organizations.


(1) Each contract, grant, or cooperative agreement requires project specific authority. (2) Detailed written technical proposals including background data regarding the applicants, technical approaches proposed to accomplish the work, scopes of work that separate the work into major tasks, types of personnel implementing the proposals, experience in peforming 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 contribution of goods and services. (4) The awarded contract, grant, or cooperative agreement must contain an authorizing resolution of the governing body of the Indian tribe.

Aplication and Award Process

Preapplication Coordination


This program is excluded from coverage under E.O.


Application Procedures

Initial proposals must contain the information specified as 25 CFR Part 900. Proposals shall be submitted to the applicable Reclamation office with responsibility for the specific project for which a Tribe or tribal organization proposes to participate. Reclamation will provide technical assistance to Tribes in the development of their proposals as requested, pending availability of appropriations.

Award Procedures

Reclamation and the Tribe 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 also negotiate an Annual Funding Agreement (AFA), which identifies activities to be performed, funds to be provided, and the method of payment for the initial year of the contract. A final contract agreement is prepared based upon the outcome of the negotiations; attachments inlcude the work plan, budget, tribal resolution, initial AFA, property list, list of any applicable provisions, terms, and conditions.


As specified within 25 CFR Part 900.


Indian Self-Determination and Education Assistance Act, Public Law 93-638, Title I, 25 U.S.C. 450 est. seq., as amended; and stuatory authorities that authorize each specific project.

Range of Approval/Disapproval Time

As specified for the project.


Not applicable.


Will vary with project and/or award.

Assistance Considerations

Formula and Matching Requirements

Not applicable.

Length and Time Phasing of Assistance

Length of projects will vary.

Post Assistance Requirements


The reporting (financial status report and progress reports) requirements will be negotiated within the AFA or overarching terms and conditions.


In accordance with the provisions of OMB Circular A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Nonprofit Organizations," nonfederal entities that expend $500,000 or more in a year in Federal awards will have a single or program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in OMB Circular A-133.


Indian Tribal governments and organizations shall maintain project records in accordance with 43 CFR 12.82, Public Law 93-638, and 25 CFR Part 900.

Financial Information

Account Identification



FY 07 not separately identifiable; FY 08 not separately identifiable; and FY 09 not separately identifiable.

Range and Average of Financial Assistance

Average $653,575.

Regulations, Guidelines, and Literature

25 U.S.C. 450 (Public Law 93-638, 25 CFR Part 900, OMB Circular A-87 (2 CFR 225), and OMB Circular A-133.

Information Contacts

Regional or Local Office


Headquarters Office

Office of the Commissioner, Bureau of Reclamation, 1849 C Street N.W., Washington, DC, 20240-0001, Telephone: (202) 513-0501.

Criteria for Selecting Proposals

All applicants must meet the requirements of Public Law 93-638, 25 CFR Part 900 and any additional criteria specific to the authorizing legislation for the project. The project must be contractible under Public Law 93-638.

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