HomeMy WebLinkAbout10/06/2026 07.L. Resolution - accept $3million Bureau Reclamation grant_Nelson Ph2 pipeline conveyance proj IC2010 '
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.L.
For Meeting of: October 6, 2026
ITEM TITLE: Resolution accepting a Bureau of Reclamation grant for the Nelson
Phase 2 Pipeline Conveyance Improvements Project IC2010 (Grant
Funding)
SUBMITTED BY: Scott Schafer, Director of Public Works
* Daniel Tiliano, Water/Irrigation Manager
SUMMARY EXPLANATION:
The City of Yakima (City) is moving forward with the construction of the Nelson Phase 2 Pipeline
Conveyance Improvements Project IC2010. This agreement sets forth the terms and conditions for the
City to utilize the $3,000,000.00 in funding that was made available from the Burau of Reclamation. The
funds will be used to construct a portion of the overall pipeline as well as any other tasks for Phase 2.
There is no additional match requirement as part of the grant funding agreement.
Grant Agreement No. R26AP00146-00 has been attached for City Council review.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution_Bureau Reclamation $3million grant_Nelson Ph2 pipeline proj
Notice of Award R26AP00164 Yakima Nelson Dam.pdf
154
RESOLUTION NO. R-2026-
A RESOLUTION authorizing an agreement with the Bureau of Reclamation for a grant of
$3,000,000.00 for the Nelson Phase 2 Pipeline Conveyance Improvements
Project (IC2010).
WHEREAS, a Financial Assistance Agreement ("Agreement") is entered into between
the Bureau of Reclamation ("Reclamation") and the City of Yakima ("City"), pursuant to Fish and
Wildlife Coordination Act of 1934, Public Law 95-624, 16 U.S.C. 661 et seq., as amended, and
Section 7(a) of the Fish and Wildlife Coordination Act (FWCA) (70 Stat 1122; 16 U.S.C. 742f(a));
and
WHEREAS, the City owns the Nelson Diversion at West Powerhouse Road and South
Naches Road in accordance with applicable Federal, State and Local regulations; and
WHEREAS, the City, along with its consultant HDR Engineering, Inc., has designed an
irrigation pipeline conveyance system from the Nelson Diversion east to the Hwy 12/North 40th
Avenue interchange to replace the existing Fruitvale Canal and the Old Union Canal irrigation
diversions; and
WHEREAS, Reclamation will provide a $3,000,000.00 grant to install a portion of the
overall irrigation pipeline conveyance system; and
WHEREAS, the City indicates their acceptance of this award, including all award terms
and conditions, by starting work, drawing down funds, or accepting the award via electronic
means; and
WHEREAS, the City Council finds and determines that approval of said Grant
Agreement is in the best interests of the residents of the City of Yakima; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council hereby approves the Nelson Phase 2 Pipeline Conveyance and Water Delivery
Agreement and authorizes the City Manager to enter into Grant Agreement No. R26AP00164-
00. The City is not required to sign the Notice of Award. The City Manager is hereby authorized
to execute the attached and incorporated agreement with Reclamation.
ADOPTED BY THE CITY COUNCIL this 6th day of October, 2026.
Matt Brown, Mayor
ATT EST:
Rosalinda Ibarra, CMC, City Clerk
155
1.DATE ISSUED MM/DDM'YY 1a.SUPERSEDES AWARD NOTICE dated
09/16/2026 except that any additions or restrictions previously imposed NOTICE OF AWARD
remain in effect unless spedfically resdnded
2.ASSISTANCE LISTING NUMBER -(SENT OF TA,
15.517-Fish and Wildlife Coordination Act �QP� AVA,. �is
�, 'j# A
3.ASSISTANCE TYPE Project Grant O
4.GRANT NO.R26AP00164-00 5. TYPE OF AWARD ` -
Originating MCA# Other `" -
4a.FAIN R26AP00164 5a.ACTION TYPE New
6. PROJECT PERIOD MM/DD/YYYY MM/DD/YYYY
From 05/01/2026 Through 09/30/2029 AUTHORIZATION(Legislation/Regulations)
7.BUDGET PERIOD MM/DD/YYYY MM/DD/YYYY Fish and Wildlife Coordination Act of 1934,Public Law 85-624,as
From 05/01/2026 Through 09/30/2029 amended;as limited and delegated by the Secretary of the Interior
6.TITLE OF PROJECT(OR PROGRAM)
Nelson Phase 2 Pipeline Conveyance and Water Delivery
9a.GRANTEE NAME AND ADDRESS 9b.GRANTEE PROJECT DIRECTOR
CITY OF YAKIMA Mr.Daniel Tiliano
129 N 2nd St 2301 Fruitvale Blvd.
Yakima,WA,98901-2613 YAKIMA,WA,98902
Phone:509-576-6480
10a.GRANTEE AUTHORIZING OFFICIAL 10b.FEDERAL PROJECT OFFICER
Ms.Vicki Baker Mr.Nathan Moeller
129 North 2nd Street Bureau of Redamation CPN Region
Yakima,WA,98901-2613 1150 N.Curtis Rd
Phone:509-575-6272 Boise,ID,83706-1000
Phone:208-378-5211
ALL AMOUNTS ARE SHOWN IN USD
11.APPROVED BUDGET(Excludes Direct Assistance) 12.AWARD COMPUTATION
I Financial Assistance from the Federal Awarding Agency Only a.Amount of Federal Financial Assistance(from item 11m) $ 3,000,000.00
II Total project costs including grant funds and all other financial participation (( b.Less Unobligated Balance From Prior Budget Periods $ 0.00
a. Salaries and Wages c.Less Cumulative Prior Award(s)This Budget Period $ 0.00
$ 0.00
d.AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION $ 3,000,000.00
b. Fringe Benefits $ 0.00
13.Total Federal Funds Awarded to Date for Project Period $ 3,000,000.00
c. Total Personnel Costs $ 0.00 14.RECOMMENDED FUTURE SUPPORT
d. Equipment $ 0.00 (Subject to the availability of funds and satisfactory progress of the project):
e. Supplies $
0.00 YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS
a.2 $ d. 5 $
f. Travel $ 0.00 b. 3 $ e. 6 $
9- Construction $ 3,000,000.00 c. 4 $ f. 7 $
h. Other $ 0.00 15.PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING
ALTERNATIVES:
i. Contractual $ 0.00 a. DEDUCTION b
b. ADDITIONAL COSTS
c. MATCHING
j. TOTAL DIRECT COSTS $ 3,000,000.00 d. OTHER RESEARCH(Add/Deduct Option)
e. OTHER(See REMARKS)
k. INDIRECT COSTS $ 0.00
16.THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO,AND AS APPROVED BY,THE FEDERAL AWARDING AGENCY
ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY
I. TOTAL APPROVED BUDGET $ 3,000,000.00 OR BY REFERENCE IN THE FOLLOWING:
a. The grant program legislation
b. The grant program regulations.
c. This award notice including terms and conditions,if any,noted below under REMARKS.
m. Federal Share $ 3,000,000.00 d. Federal administrative requirements,cost principles and audit requirements applicable to this grant.
In the event there are conflicting or otherwise inconsistent policies applicable to the grant,the above order of precedence shall
n. Non-Federal Share $ 0.00 prevail.Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise
obtained from the grant payment system.
REMARKS (Other Terms and Conditions Attached- O Yes O No)
See next page
GRANTS MANAGEMENT OFFICIAL:
Nathan Moeller,Grants Management Specialist
Bureau of Redamation CPN Region
1150 N.Curtis Rd
Boise,ID,83706-1000
Phone:208-378-5211
17. VENDOR CODE 0071340010 18a.UEI FJNNX1XFJ9K3 18b.DUNS 19. CONG.DIST. 04
LINE# FINANCIAL ACCT AMT OF FIN ASST START DATE END DATE TAS ACCT PO LINE DESCRIPTION
1 0054015253-00010 $3,000,000.00 05/01/2026 09/30/2029 0680 FA Nelson
156
PAGE 2 of 3 DATE ISSUED
NOTICE OF AWARD (Continuation Sheet) 09/16/2026
GRANT NO. R26AP00164-00
REMARKS:
Recipients are NOT required to sign the Notice of Award or any other award document. Recipients indicate their acceptance of an award,including award terms and
conditions,by starting work,drawing down funds,or accepting the award via electronic means. Recipient acceptance of an award carries with it the responsibility to
be aware of and comply with all terms and conditions applicable to the award. Recipients are responsible for ensuring that their subrecipients and contractors are
aware of and comply with applicable award statutes,regulations,and terms and conditions. Recipient failure to comply with award terms and conditions can result in
Reclamation taking one or more of the remedies and actions described in 2 CFR 200.339.343
Costs outlined in the budget table under Section 11.of this Notice of Award are not reflective of the amount that was approved for total project costs over the five
years of this award.The amount listed in this table only reflects the amount that is to be obligated on this award under this action.To view total project cost approval,
please look at the Budget in the Agreement Terms and Conditions.
2 157
PAGE 3 of 3 DATE ISSUED
NOTICE OF AWARD (Continuation Sheet) 09/16/2026
GRANT NO. R26AP00164-00
Federal Financial Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date
05/01/2026 09/30/2026 Semi-Annual 10/30/2026
10/01/2026 03/31/2027 Semi-Annual 04/30/2027
04/01/2027 09/30/2027 Semi-Annual 10/30/2027
10/01/2027 03/31/2028 Semi-Annual 04/30/2028
04/01/2028 09/30/2028 Semi-Annual 10/30/2028
10/01/2028 03/31/2029 Semi-Annual 04/30/2029
05/01/2026 09/30/2029 Project Final 01/28/2030
Performance Progress Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date
05/01/2026 09/30/2026 Semi-Annual 10/30/2026
10/01/2026 03/31/2027 Semi-Annual 04/30/2027
04/01/2027 09/30/2027 Semi-Annual 10/30/2027
10/01/2027 03/31/2028 Semi-Annual 04/30/2028
04/01/2028 09/30/2028 Semi-Annual 10/30/2028
10/01/2028 03/31/2029 Semi-Annual 04/30/2029
05/01/2026 09/30/2029 Project Final 01/28/2030
3 158
AWARD ATTACHMENTS
CITY OF YAKIMA R26AP00164-00
1.Agreement template
159
�1
0 — BUREAU OF —
RECLAMATION
Federal Financial Assistance Terms and Conditions of Award
Table of Contents
I. Award Administration and Overview 2
1. Authority 2
2. Public Purpose of Support 2
3. Background and Objectives 3
4. Financial Assistance Administrative Regulations 3
5. Regulatory Compliance 3
6. Acceptance 4
7. Amendments 4
II. Project Performance 4
1. Project Narrative and Milestones 4
2. Recipient Responsibilities 6
3. Reclamation Responsibilities 6
III. Financial Assistance 6
1. Available Funding 6
2. Approved Budget 7
3. Cost Sharing Requirement 8
4. Pre-Award Incurrence of Costs 8
5. Indirect Costs 8
IV. Payment Information 9
1. Payment Method 9
2. Payment 9
3. Return of Funds, Excess Cash, and Interest 9
3.1 Return of Funds or Excess Cash 9
3.2 Return of Interest 10
V. Reporting Requirements 10
1. Reclamation Required Reports and Submission 10
1.1 Financial Reporting Requirements 10
FY26 Version 01, published February 10, 2026
160
1.2 Performance Progress Reporting Requirements 11
2. Federal-wide Reports and Disclosures 11
2.1 System for Award Management 12
2.2 Subawards and Executive Compensation 12
2.3 Reporting Recipient Integrity and Performance 12
2.4 Conflicts of Interest 12
2.5 Trafficking Victims Protection 14
3. Remedies for Noncompliance 14
VI. Program or Project Specific Terms and Conditions 14
1. Buy America Preference for Infrastructure Projects 14
1. Liability 18
VII. Reclamation Contacts 18
1. Grants Officer 18
2. Grants Management Specialist 18
3. Grants Officer's Technical Representative 19
VIII. Department of Interior Standard Terms and Conditions 19
I. Award Administration and Overview
1. Authority
This Financial Assistance Agreement (Agreement) is entered into between the Bureau of
Reclamation (Reclamation) and the City of Yakima (Recipient), pursuant to Fish and Wildlife
Coordination Act of 1934, Public Law 85-624, 16 U.S.C. 661 et seq., as amended, and Section 7(a)
of the Fish and Wildlife Coordination Act (FWCA) (70 Stat 1122; 16 U.S.C. 742f(a))
2. Public Purpose of Support
The public purpose of this agreement is to improve fish passage for threatened and endangered
aquatic species at the Nelson Dam site, improve flood control in the Yakima River and improve
the water deliveries for irrigation in the area.
Page 2 of 19
161
3. Background and Objectives
The Nelson Phase 2 Project builds on the successful completion of the Nelson Dam Removal
and Diversion Project (Phase 1), which was finalized in 2023. Phase 1 removed the aging Nelson
Dam on the Naches River, restored fish passage, improved river processes, reduced flood risks,
and established a new irrigation diversion and fish screening facility. With this critical
infrastructure in place, Phase 2 shifts the focus to modernizing the region's irrigation
conveyance system.The project includes installing new 24- to 42-inch irrigation pipelines
extending from the new Nelson diversion east along Highway 12 to the existing Fruitvale
irrigation canal near North 40th Avenue. This work represents the next step in a decade-long,
multi-agency effort supported through the Yakima Basin Integrated Plan to improve both water
infrastructure and ecosystem health.
The primary objective of Phase 2 is to improve the reliability and efficiency of irrigation water
delivery for the City of Yakima's General and Fruitvale irrigation systems, as well as the Old
Union Canal system. By consolidating water diversions at the new Nelson facility, the project will
eliminate the need for the existing Fruitvale and Old Union diversion structures, enabling Yakima
County to undertake floodplain restoration at the confluence of Cowiche Creek and the Naches
River. In addition to enhancing long-term water supply reliability,the project supports habitat
restoration, improves fish passage, reduces maintenance needs, and strengthens regional
resilience through coordinated investments funded by state and federal grants. Construction is
scheduled for completion in spring 2026.
4. Financial Assistance Administrative Regulations
All recipients are required to follow the applicable federal, Department of Interior, and
Reclamation financial assistance regulations.The provisions of the "Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Financial Assistance" located
at Title 2 CFR Part 200 at https://www.ecfr.gov/current/title-2/part-200,the Department of the
Interior Federal Agency Regulations for Grants and Agreements at Title 2 CFR Subtitle B, Part
1400 1499 at https://www.ecfr.gov/current/title-2/part-1400, and the Financial Assistance
Interior Regulations (or FAIR) at Title 2 CFR Subtitle B, Parts 1402-1402.499 at
https://www.ecfr.gov/current/title-2/part-1402, are hereby incorporated by reference as though
set forth in full text.
5. Regulatory Compliance
All recipients must comply, or assist Reclamation,with all regulatory compliance requirements
and all applicable state, federal, and local environmental, cultural, and paleontological resource
protection laws and regulations, as applicable to this Agreement. These may include, but are not
limited to, the National Environmental Policy Act (NEPA), Department of the Interior regulations
implementing NEPA, the Clean Water Act, the Endangered Species Act, consultation with
potentially affected Tribes, and consultation with the State Historic Preservation Office. If the
Recipient begins project activities that require environmental or other regulatory compliance
approval, prior to written notice from the GO that all such clearances have been obtained,
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Reclamation reserves the right to initiate remedies for non-compliance as defined by 2 CFR
200.339-340 at https://www.ecfr.gov/current/title-2/section-200.339, including termination of
this Agreement.
6. Acceptance
Recipients of Reclamation financial assistance awards must comply with the applicable terms
and conditions incorporated, either directly or by reference, in their Notice of Funding
Opportunity, program announcements, and this Notice of Award.These terms and conditions
are in addition to the assurances and certifications made as part of the award application
process through submission of the Standard Forms SF-424B Assurances for Non-Construction
Programs, SF-424D Assurances for Construction Programs, and Certifications Regarding
Lobbying (see https://www.grants.gov/forms/forms-repository/sf-424-family), or through
acceptance of certifications and representations in the System for Award Management
(https://sam.gov/content/home).
Acceptance of a financial assistance award, including any amendments, from Reclamation carries
with it the responsibility to be aware of and comply with all terms and conditions applicable to
the award. Acceptance means starting work, drawing down or requesting funds, or accepting
the award via electronic means. Accepting the award constitutes a consent to fulfill and comply
with all terms and conditions by the recipient.
7. Amendments
Any changes to this Agreement shall be made in writing by the Grants Officer (GO), unless
determined by Reclamation to be administrative corrections which do not impact the terms and
conditions of the Agreement. No statement made by any person, or in writing, other than the
GO shall be allowed to amend, modify, or otherwise affect the Agreement.
All recipient requests for amendment of the Agreement, including prior approval requirements
set forth in 2 CFR 200.308 at https://www.ecfr.gov/current/title-2/section-200.308, such as no-
cost extensions and changes to key personnel, or the addition of previously agreed upon
funding, are addressed to the GO and submitted in writing (including via email) and will include
a full description of the reason for the request.
Amendment requests can be submitted to the Grants Management Specialist (GMS) or to the
GO identified on the NOA page.
II. Project Performance
1. Project Narrative and Milestones
The Recipients approved project proposal dated 5/1/2026 is incorporated by reference to this
Agreement.
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Under this Agreement, the Recipient shall:
Complete the Nelson Dam project by installing new irrigation main pipelines along US 12 from
the new diversion structure to two existing irrigation delivery systems for the City of Yakima: the
"General" and the "Fruitvale" irrigation systems; and one for the Naches Cowiche Canal
Association:the "Old Union" irrigation system. Completion of the new pipelines from the new
Nelson diversion open the door for Yakima County to complete a long-planned project
(Cowiche Confluence Complex) to restore Cowiche Creek and surrounding floodplain areas
along the confluence with the Naches River. With the Nelson diversion and completed pipelines
in place, removal of the existing Fruitvale and Old Union Diversions can be completed,
improving spawning habitat and fish passage in Cowiche Creek for coho salmon and steelhead.
The pipeline improvements include:
• Install a 36-inch high density polyethylene (HDPE) pipeline from the new intake to the
existing Naches Cowiche Canal. About 700 feet of pipeline will end at the canal and be
discharged via a concrete outlet structure.Water will then be conveyed down the canal
similar to existing conditions.
• Install a 42-inch HDPE "Consolidated" pipeline from the intake which will distribute water
to the Fruitvale and Old Union canal systems. The pipeline will extend from the intake for
a distance of approximately 7,000 feet along the eastbound Highway 12 right-of-way
and terminate near the existing Fruitvale Canal. At this point, flow will be bifurcated
using two valves and metered branches: one discharging into the existing Fruitvale Canal
and the other extending north easterly and discharging into the existing Old Union
Canal.
• Install a 32-inch HDPE pipeline from the new intake to the City's "General" pipeline
system 3,000 feet to just downstream of its existing sedimentation pond, eliminating that
which lies adjacent to US 12. Here,the new pipe will connect directly to the existing
HDPE pipe at that location.
The milestones*for completing the Project are:
Planned Planned
Milestone/Task/Activity Start Date Completion Date
Complete environmental and cultural compliance February 2020 April 2026
Installation of 3,300 lineal feet of new 42' May 2026 August 2028
irrigation pipe
Construction of Access and CARV vaults May 2026 April 2029
Installation of 1,550 lineal feet of new 42" October 2027 April 2029
irrigation pipe.
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Installation of approximately 975 lineal feet of October 2027 April 2029
new 24" irrigation piping
Construction of Access and CARV Vaults, turnout October 2027 April 2029
Vaults, and Meter and Valve Vault
Installation of Electrical Instrumentation & Control October 2027 April 2029
components for valves and meters
Miscellaneous metal construction October 2027 April 2029
*Please note that milestone activities and planned dates may change.
2. Recipient Responsibilities
The Recipient shall carry out the approved project in accordance with the terms and conditions
stated herein, 2 CFR Part 200 (including procurement requirements in 200.320 at
https://www.ecfr.gov/current/title-2/section-200.320), adherence to Federal, state, and local
laws, regulations, and codes, as applicable, and shall obtain all required approvals and permits. If
the approved project contains construction activities,the Recipient is responsible for
construction inspection, oversight, and acceptance. If applicable,the Recipient shall also
coordinate and obtain approvals from site owners and operators.
3. Reclamation Responsibilities
Reclamation monitoring and oversight of this award includes review and acceptance of financial
and performance reports, and other deliverables identified as part of the project scope.
Additional monitoring activities may include drawdown approvals, site visits, conference calls,
and other on-site and off-site monitoring activities such as inspections or evaluation on
Recipient and subrecipient premises. At the Recipient's request, Reclamation may also provide
technical support to the Recipient for the approved project and objectives of this Agreement.
III. Financial Assistance
1. Available Funding
The total estimated project cost for this Agreement is $7,950,000.00
The amount of federal funds issued with this action is $3,000,000.00, as indicated by"Amount of
Financial Assistance This Action"within block 12 of the NOA.
Subject to the availability of Congressional appropriations, subsequent funds may be made
available for payment through written amendments to this Agreement by a Reclamation GO. No
legal liability on the part of the Government for any payment may arise until funds are made
available, in writing, to the Recipient by a Reclamation GO.
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The Recipient shall not incur costs or obligate funds for any purpose pertaining to operation of
the program or activities beyond the period of performance end date. The only costs which are
authorized for a period of up to 120 days following the period of performance are those strictly
associated with closeout activities for preparation of the final reports.
2. Approved Budget
The total approved budget summarizes the financial aspects of the project. It is detailed by
category in block 11 of the NOA page and below. Final costs incurred within budget categories
listed may be either higher or lower than the estimated costs.All costs incurred by the Recipient
under this Agreement must be in accordance with budget documentation dated 5/1/2026, and
any pre-award clarifications conducted between the Recipient and Reclamation.
The Recipient is responsible for ensuring federal funds are managed in a manner consistent with
2 CFR Part 200 Subpart E at https://www.ecfr.gov/current/title-2/part-200/subpart-E, the
approved budget, approved project activities, and terms and conditions of award. Recipients are
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encouraged to direct questions regarding allowability, allocability or reasonableness of costs to
the GO for review prior to incurrence of the costs in question.
Summary of Budgeted Costs
Category Total Cost
a.Personnel $0.00
b.Fringe Benefits $0.00
c.Travel $0.00
d.Equipment $0.00
e.Supplies $0.00 Federal Estimated Amount Non-Federal Estimated
Amount
f.Contractual $0.00
g.Construction $7,950,000.00
h.Other Direct Costs $0.00
i.Total Direct Costs $7,950,000.00
j.Indirect Charges $0.00
Total Costs $7,950,000.00 $7,950,000.00 $0.00
Cost Share Percentage 100% 0%
3. Cost Sharing Requirement
Non-federal cost-share is not required for this Agreement
4. Pre-Award Incurrence of Costs
The Recipient shall be entitled to reimbursement for costs incurred on or after May 1, 2026
which if had been incurred after the start date of the period of performance,would have been
allowable, allocable, and reasonable under the terms and conditions of this Agreement.
5. Indirect Costs
Indirect costs are not approved for this Agreement.
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IV. Payment Information
1. Payment Method
Recipients must utilize the Department of Treasury Automated Standard Application for
Payments (ASAP) payment system to request payments. ASAP is a Recipient-initiated payment
and information system designed to provide a single point of contact for the request and
delivery of federal funds.ASAP is the only allowable method for request and receipt of payment.
Recipient procedures must minimize the time elapsing between the drawdown of federal funds
and the disbursement for Agreement purposes.
2. Payment
Financial assistance recipients are paid in advance by electronic drawdown, provided they
maintain written procedures that minimize the time elapse between transfer of funds from ASAP
accounts and disbursements, and they have financial management systems that meet standards
for fund control and accountability. Advance payments are limited to the immediate cash
requirements to carry out the purpose of the approved program or project.
3. Return of Funds, Excess Cash, and Interest
3.1 Return of Funds or Excess Cash
Funds, principal, and excess cash returns may be made to Reclamation through the following
means.
Payment Method ASAP
The Recipient must direct returns of funds not spent, excess cash on hand, and award funds and
principal owed to the federal government to the ASAP system. Returns should include:
- The agency to credit the funding (i.e. Reclamation)
- The relevant ASAP account numbers
- The reason for the return
Payment Method Electronic Transfer
If the Recipient is unable to return funds owed to the federal government through ASAP, the
following electronic transfer information should be utilized:
ACH Returns:
ABA Routing Number: 051036706
Account number: 312018
Bank Name and Location: Credit Gateway, Federal Reserve Bank, Richmond,VA
Agreement Number: Reclamation Grant or Cooperative Agreement Number
Fedwire Returns:
ABA Routing Number: 021030004
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ABA Short Name:TREAS NYC
Account number: 14060905
Beneficiary Name: Bureau of Reclamation
Bank Name and Location: Federal Reserve Bank, 33 Liberty Street, Federal Reserve Post
Office Station, New York, NY 10045
Agreement Number: Reclamation Grant or Cooperative Agreement Number
Pay.gov:
Accepted payment methods on Pay.gov include ACH, PayPal, Venmo, and debit or credit
card.Visit BOR Online Bill Pay at https://www.pay.gov/public/form/start/596136970
Bill Number: Recipient Vendor Code (See Notice of Award Page 1, Section 17)
Customer Number: 9999999999 (default for all BOR recipients)
Amount: $X.XX
Memo to Agency: To properly document return of funds,you must include the Grant or
Cooperative Agreement Number and reason for return to BOR. If known,the ASAP
ID and Grant Officer Name should also be included.
3.2 Return of Interest
Interest earned on Federal funds in excess of$500 per year must be returned annually to the
Department of Health and Human Services Payment Management System (PMS). Recipients and
subrecipients can find further information and a link to directions at 2 CFR 200.305(b)(12) at
https://www.ecfr.gov/current/title-2/part-200/subpart-D#p-200.305(b)(12).
V. Reporting Requirements
1. Reclamation Required Reports and Submission
Reports can be submitted to the GMS via bor-pnr-postaward@usbr.cov or GrantSolutions.
1.1 Financial Reporting Requirements
The interim Federal Financial Report (SF-425) shall be submitted semi-annually, according to the
Report Frequency and Submission schedule noted under the Federal Financial Report Cycle,
following the Notice of Award page and in the table at the end of this section. All financial
reports shall be signed by an Authorized Certifying Official for the Recipient's organization.
Per 2 CFR Part 200.344 at https://www.ecfr.gov/current/title-2/section-200.344, the Final Federal
Financial Report (SF-425) shall be submitted within 120 days of the period of performance end
date. The recipient shall not incur costs or obligate funds for any purpose pertaining to the
operation of the program or activities beyond the period of performance end date and must
liquidate all financial obligations incurred under the award. The only costs authorized for 120
days following the period of performance end date are those strictly associated with closeout
activities in preparation of final reports. All sections of the Final SF-425 must be complete.
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Federal Financial Report Submission Schedule
Report Type Format Reporting Period Due Date
Interim SF-425 Semi-Annual: October 1-March 31 30 days after the end
and April 1 thru September 30 of reporting period
Final SF-425 Entire period of performance 120 days after the end
of period of
performance
1.2 Performance Progress Reporting Requirements
Reclamation requires Performance Reports to be submitted semi-annually, according to the
Report Frequency and Submission schedule noted under the Performance Progress Report Cycle,
following the Notice of Award page. Reclamation may utilize standard, OMB-approved forms for
the collection of performance information, or no specific format, as identified in the NOFO or
program announcement.
For Construction and non-construction,the minimum information to include in Performance
Reports are:
• Report identification; recipient name, agreement number, project title, and period of
performance start and end dates
• A comparison of actual accomplishments to the objectives of the federal award for the
reporting period
• Where accomplishments can be quantified, or performance data and analysis informative
to Reclamation, if applicable
• A reason(s) why any established goals/objectives were not met, if applicable
• Pertinent information on overall activity such as cost overruns, or high unit costs
• Significant developments such as problems, delays, or adverse conditions, if applicable
• Favorable developments such as objectives ahead of schedule, or less cost than
anticipated, if applicable
Per 2 CFR Part 200.344 at https://www.ecfr.gov/current/title-2/section-200.344,the Final
Performance Progress Report shall be submitted within 120 days of the period of performance
end date.The Final Performance Report shall include a summary of all activities completed
during the entire period of performance with the minimum information stated above, and any
Program Specific or Data Collection report requirements as stated within the NOFO and this
Agreement.
2. Federal-wide Reports and Disclosures
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2.1 System for Award Management
Unless exempted by 2 CFR 25.110 at https://www.ecfr.gov/current/title-2/section-25.110,
recipients must maintain current information in the System for Award Management (SAM) until
the final financial report required under the Award is submitted, or the final payment is received,
whichever is later, per Appendix A to Part 25, Title 2 at https://www.ecfr.gov/current/title-2/part-
25/appendix-Appendix%20A%20to%20Part%2025.This requires recipients to review and update
information at least annually after the initial registration, or more frequently if required by
changes in your information. See https://sam.gov/content/home. If a recipient allows their SAM
registration to lapse,they will be prevented from submitting applications for funding
opportunities in Grants.gov, and ASAP accounts are suspended, among other federal financial
assistance restrictions.
2.2 Subawards and Executive Compensation
Unless exempted by 2 CFR Part 170.105 at https://www.ecfr.gov/current/title-2/section-170.105,
Recipients are required to report information on subawards and executive total compensation to
meet the requirements of the federal Funding Accountability and Transparency Act of 2006.
Recipients can review Appendix A to Part 170, Title 2 at, for information on what,where, and
when to report.
2.3 Reporting Recipient Integrity and Performance
Recipients that have active financial assistance and procurement contracts from federal agencies
exceeding $10,000,000 for any period of time during the period of performance of this
Agreement must maintain current information in SAM about civil, criminal, or administrative
proceedings as outlined in Appendix XII to Part 200 at https://www.ecfr.gov/current/title-
2/subtitle-A/chapter-I I/part-200/subpart-F/subject-group-ECFR4424206eaecf751/appendix-
Ap p e n d ix%20X I I%20to%20 Pa rt%20200.
2.4 Conflicts of Interest
The Recipient must establish safeguards to prohibit its employees and Subrecipients from using
their positions for purposes that constitute or present the appearance of a personal or
organizational conflict of interest.The Recipient is responsible for notifying the Grants Officer in
writing of any actual or potential conflicts of interest that may arise during the life of this award.
Conflicts of interest include any relationship or matter which might place the Recipient or its
employees in a position of conflict, real or apparent, between their responsibilities under the
agreement and any other outside interests. Conflicts of interest may also include, but are not
limited to, direct or indirect financial interests, close personal relationships, positions of trust in
outside organizations, consideration of future employment arrangements with a different
organization, or decision-making affecting the award that would cause a reasonable person with
knowledge of the relevant facts to question the impartiality of the Recipient and/or Recipient's
employees and Subrecipients in the matter.
The Grants Officer and the servicing Ethics Counselor will determine if a conflict of interest
exists. If a conflict of interest exists, the Grants Officer will determine whether a mitigation
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plan is feasible. Mitigation plans must be approved by the Grants Officer, in writing. Failure to
resolve conflicts of interest in a manner that satisfies the government may be cause for
termination of the award.
Definitions:
This section incorporates by reference https://www.ecfr.gov/current/title-2/part-200/subpart-A
including, but not limited to the following additional terms:
A. Conflict of Interest is defined as any relationship or matter which might place the Recipient,
its employees, and/or its Subrecipients in a position of conflict, real or apparent, between
their responsibilities under the agreement and any other outside interests. Conflicts of
interest may also include, but are not limited to, direct or indirect financial interests, close
personal relationships, positions of trust in outside organizations, consideration of future
employment arrangements with a different organization, or decision-making affecting the award
that would cause a reasonable person with knowledge of the relevant facts to question the
impartiality of the Recipient and/or Recipient's employees and Subrecipients in the matter.
B. Close Personal Relationship means a federal award program employee's childhood or
other friend, sibling, or other family relations that may compromise or impair the fairness
and impartiality of the Proposal Evaluator and Advisor and Grants Officer in the review,
selection, award, and management of a financial assistance award.
C. Discretionary Federal Financial Assistance means Federal awards including grants and
agreements that are awarded at the discretion of the agency.
D. Employment means:
1. In any capacity, even if otherwise permissible, by any applicant or potential
applicant for a Federal financial assistance award;
2. Employment within the last 12 months with a different organization applying for
some portion of the award's approved project activities and funding to complete
them OR expected to apply for and to receive some portion of the award; and/or
3. Employment with a different organization of any member of the organization
employee's household or a relative with whom the organization's employee has a
close personal relationship who is applying for some portion of the award's
approved project activities and funding to complete them OR expected to apply for
and to receive some portion of the award.
E. Non-federal entity means a State, local government, Indian tribe, institution of higher
education, or nonprofit organization that carries out a Federal award as a Recipient or
Subrecipient.
F. Recipient means a non-federal entity that receives a federal award directly from a
federal awarding agency to carry out an activity under a federal program.The term
Recipient does not include Subrecipients.
G. Subrecipient means a non-federal entity that receives a subaward from a pass-through
entity to carry out part of a federal program, but does not include an individual who is a
beneficiary of such program. A Subrecipient may also be a recipient of other federal
awards directly from a federal awarding agency.
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2.5 Trafficking Victims Protection
The Recipient, its employees, and its subrecipients under this award may not engage in human
trafficking, procuring commercial sex acts, or using forced labor during the performance of the
award, or any subawards. Recipients must inform Reclamation immediately of any allegation of
such activity. Reclamation may unilaterally terminate this award, without penalty, in addition to
other remedies for noncompliance, if a violation of the Trafficking Victims Protection Act of 2000
(TVPA), codified at 2 CFR Part 175.15 at https://www.ecfr.gov/on/2024-09-30/title-2/section-
175.15, for financial assistance awards, is determined. Recipients will ensure this provision is
included in any agreements entered into for award activities.
3. Remedies for Noncompliance
Failure to comply with the recipient reporting, disclosure, and notice requirements contained in
this Agreement, terms and conditions, or federal financial assistance regulations, may be
considered a material noncompliance with the terms and conditions of the award.
Noncompliance may result in withholding of payments, denying both the use of federal funds
and recipient cost-share for all or part of a cost, activity or action not in compliance, whole or
partial suspension or termination of the Agreement, recovery of funds paid under the
Agreement,withholding of future awards, or other legal remedies in accordance with 2 CFR
200.339-340 at https://www.ecfr.gov/current/title-2/section-200.339.
VI. Program or Project Specific Terms and Conditions
1. Buy America Preference for Infrastructure Projects
Recipients of an award of Federal financial assistance from a program for infrastructure are
hereby notified that none of the funds provided under this award may be used for an
infrastructure project unless:
(1) All iron and steel used in the project are produced in the United States—this means
all manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States;
(2) All manufactured products used in the project are produced in the United States—
this means the manufactured product was manufactured in the United States; and the
cost of the components of the manufactured product that are mined, produced, or
manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard that meets or
exceeds this standard has been established under applicable law or regulation for
determining the minimum amount of domestic content of the manufactured product;
and
(3) All construction materials are manufactured in the United States—this means that all
manufacturing processes for the construction material occurred in the United States.
The construction material standards are listed below.
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Incorporation into an infrastructure project.The Buy America Preference only applies to
articles, materials, and supplies that are consumed in, incorporated into, or affixed to an
infrastructure project.As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the
completion of the infrastructure project. Nor does a Buy America Preference apply to equipment
and furnishings, such as movable chairs, desks, and portable computer equipment, that are used
at or within the finished infrastructure project but are not an integral part of the structure or
permanently affixed to the infrastructure project.
Categorization of articles, materials, and supplies. An article, material, or supply should
only be classified into one of the following categories: (i) Iron or steel products; (ii) 15
Manufactured products; (iii) Construction materials; or (iv) Section 70917(c) materials.An
article, material, or supply should not be considered to fall into multiple categories. In some
cases, an article, material, or supply may not fall under any of the categories listed in this
paragraph. The classification of an article, material, or supply as falling into one of the categories
listed in this paragraph must be made based on its status at the time it is brought to the work
site for incorporation into an infrastructure project. In general, the work site is the location of the
infrastructure project at which the iron, steel, manufactured products, and construction materials
will be incorporated.
Application of the Buy America Preference by category. An article, material, or supply
incorporated into an infrastructure project must meet the Buy America Preference for only the
single category in which it is classified.
Determining the cost of components for manufactured products. In determining whether
the cost of components for manufactured products is greater than 55 percent of the total cost
of all components, use the following instructions:
(a) For components purchased by the manufacturer,the acquisition cost, including
transportation costs to the place of incorporation into the manufactured product
(whether or not such costs are paid to a domestic firm), and any applicable duty
(whether or not a duty-free entry certificate is issued); or
(b) For components manufactured by the manufacturer, all costs associated with the
manufacture of the component, including transportation costs as described in paragraph
(a), plus allocable overhead costs, but excluding profit. Cost of components does not
include any costs associated with the manufacture of the manufactured product.
Construction material standards. The Buy America Preference applies to the following
construction materials incorporated into infrastructure projects. Each construction material is
followed by a standard for the material to be considered "produced in the United States." Except
as specifically provided, only a single standard should be applied to a single construction
material.
(1) Non-ferrous metals.All manufacturing processes, from initial smelting or melting
through final shaping, coating, and assembly, occurred in the United States.
(2) Plastic and polymer-based products. All manufacturing processes, from initial
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combination of constituent plastic or polymer-based inputs, or, where applicable,
constituent composite materials, until the item is in its final form, occurred in the United
States.
(3) Glass. All manufacturing processes, from initial batching and melting of raw
materials through annealing, cooling, and cutting, occurred in the United States.
(4) Fiber optic cable (including drop cable). All manufacturing processes, from the initial
ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the
United States.All manufacturing processes also include the standards for glass and
optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any
others.
(5) Optical fiber. All manufacturing processes, from the initial preform fabrication stage
through the completion of the draw, occurred in the United States.
(6) Lumber. All manufacturing processes, from initial debarking through treatment and
planing, occurred in the United States.
(7) Drywall. All manufacturing processes, from initial blending of mined or synthetic
gypsum plaster and additives through cutting and drying of sandwiched panels,
occurred in the United States.
(8) Engineered wood. All manufacturing processes from the initial combination of
constituent materials until the wood product is in its final form, occurred in the United
States.
Waivers. When necessary, recipients may apply for, and the agency may grant, a waiver from
these requirements. Information on the process for requesting a waiver from these requirements
can be found at https://www.doi.gov/grants/buyamerica.
When DOI has determined that one of the following exceptions applies, the awarding official
may waive the application of the Buy America Preference in any case in which the agency
determines that:
(1) applying the Buy America Preference would be inconsistent with the public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or of a
satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials
produced in the United States will increase the cost of the overall project by more than
25 percent.
A request to waive the application of the Buy America Preference must be in writing.The agency
will provide instructions on the format, contents, and supporting materials required for any
waiver request. Waiver requests are subject to public comment periods of no less than 15 days
and must be reviewed by the Office of Management and Budget (OMB) Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing waiver
described at the Approved DOI General Applicability Waivers website located at
https://www.doi.gov/grants/BuyAmerica/GeneralApplicabi lityWaivers.
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Definitions
"Buy America Preference" means the "domestic content procurement preference" set forth in
section 70914 of the Build America, Buy America Act, which requires the head of each Federal
agency to ensure that none of the funds made available for a Federal award for an infrastructure
project may be obligated unless all of the iron, steel, manufactured products, and construction
materials incorporated into the project are produced in the United States.
"Construction materials" means articles, materials, or supplies that consist of only one of the
items listed in paragraph (1) of this definition, except as provided in paragraph (2) of this
definition. To the extent one of the items listed in paragraph (1) contains as inputs other items
listed in paragraph (1), it is nonetheless a construction material.
(1) The listed items are:
(i) Non-ferrous metals;
(ii) Plastic and polymer-based products (including polyvinylchloride, composite
building materials, and polymers used in fiber optic cables);
(iii) Glass (including optic glass);
(iv) Fiber optic cable (including drop cable);
(v) Optical fiber;
(vi) Lumber;
(vii) Engineered wood; and
(viii) Drywall.
(2) Minor additions of articles, materials, supplies, or binding agents to a construction
material do not change the categorization of the construction material.
"Infrastructure" means public infrastructure projects in the United States,which includes, at a
minimum,the structures, facilities, and equipment for roads, highways, and bridges; public
transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight
railroads; freight and intermodal facilities; airports;water systems, including drinking water and
wastewater systems; electrical transmission facilities and systems; utilities; broadband
infrastructure; and buildings and real property; and structures, facilities, and equipment that
generate, transport, and distribute energy including electric vehicle (EV) charging.
"Infrastructure project" means any activity related to the construction, alteration, maintenance,
or repair of infrastructure in the United States regardless of whether infrastructure is the primary
purpose of the project. See also paragraphs (c) and (d) of 2 CFR 184.4.
"Iron or steel products" means articles, materials, or supplies that consist wholly or
predominantly of iron or steel or a combination of both.
"Manufactured products" means:
(1) Articles, materials, or supplies that have been:
(i) Processed into a specific form and shape; or
(ii) Combined with other articles, materials, or supplies to create a product with
different properties than the individual articles, materials, or supplies.
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(2) If an item is classified as an iron or steel product, a construction material, or a Section
70917(c) material under 2 CFR 184.4(e) and the definitions set forth in 2 CFR 184.3, then it is not
a manufactured product. However, an article, material, or supply classified as a manufactured
product under 2 CFR 184.4(e) and paragraph (1) of this definition may include components that
are construction materials, iron or steel products, or Section 70917(c) materials.
"Predominantly of iron or steel or a combination of both" means that the cost of the iron and
steel content exceeds 50 percent of the total cost of all its components.The cost of iron and
steel is the cost of the iron or steel mill products (such as bar, billet, slab,wire, plate, or sheet),
castings, or forgings utilized in the manufacture of the product and a good faith estimate of the
cost of iron or steel components.
"Section 70917(c) materials" means cement and cementitious materials; aggregates such as
stone, sand, or gravel; or aggregate binding agents or additives. See Section 70917(c) of the
Build America, Buy America Act.
1. Liability
a. In general, except as provided under 28 U.S.C. Chapter 171 (known as the "Federal Tort Claims
Act") at
https://uscode.house.gov/view.xhtml?path=/prelim@title28/part6/chapter171&edition=prelim,
the United States shall not be liable for monetary damages of any kind for any injury arising out
of an act, omission, or occurrence that arises in relation to any facility created or improved under
this Agreement, the title of which is not held by the United States.
b. Tort Claims Act. Nothing in this section increases the liability of the United States beyond that
provided in 28 U.S.C. Chapter 171, United States Code (commonly known as the "Federal Tort
Claims Act").
VII. Reclamation Contacts
1. Grants Officer
The Reclamation GO is the only official with legal authority to; obligate funds, approve
amendments, interpret financial assistance statutes, regulations, circulars, policies, and terms of
this Agreement. The GO, or Grants Management Official, contact information can be found on
the bottom of the Notice of Award cover page.
2. Grants Management Specialist
The Reclamation GMS works in conjunction with the GO and is the primary administrative point
of contact for this Agreement regarding issues related to the day-to-day management. Requests
for approval regarding changes to the terms and conditions of the Agreement, including but not
limited to amendments and prior approval, may be submitted to a GMS but can only be
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approved, in writing, by a Reclamation GO. For some agreements, the Reclamation GO and the
Reclamation GMS may be the same individual.
3. Grants Officer's Technical Representative
The Grants Officer Technical Representative (GOTR), or Federal Project Officer, is the primary
point of contact for the programmatic performance, compliance, and progress for this
Agreement and represents Reclamation in questions regarding interpretation of specifications,
drawings, and other technical matters. The GOTR assists the GO in documenting performance,
resolving compliance issues with project activities/milestones, and other technical conditions of
the Agreement, however only the GO has the legal authority over management of this award.
The GOTR holds no authority to modify, approve, or make determinations related to the terms
and conditions of this award.
VIII. Department of Interior Standard Terms and Conditions
The Department of the Interior (DOI) Standard Award Terms and Conditions found at
https://www.doi.gov/grants/doi-standard-terms-and-conditions are hereby incorporated by
reference as though set forth in full text. The Recipient is responsible for ensuring their
subrecipients and contractors are aware of and comply with applicable statutes, regulations, and
agency requirements.
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