Westside Regional Drainage Plan - San Joaquin River Salinity Management - 2015 Financial Assistance Agreement

and construct an equipment storage building, convert up to 13 miles of dirt roads to all-weather roads, planting up to 572 acres of salt tolerant crops, and fill-in 1.8 miles of unneeded drainage ditch. The implementation of the WRDP has resulted in significant reductions in the volume of agricultural drainwater discharged to the San Joaquin River. RECIPIENT INVOLVEMENT As a benefit to the public the Recipient will fund projects which will result in significant improvements in water quality in the San Joaquin River and adjacent wetlands. The ongoing federal investment in the Westside Regional Drainage Plan (WRDP) has helped provide a sustainable system to control and reduce agricultural drainage by the recipient, improve downstream water quality, and sustain agricultural production in the Grasslands Drainage Area. The recipient has displaced 192,000 acre-feet of agricultural drainwater that contained more than 997,300 tons of salts and 39,700 pounds of selenium, contaminants that otherwise would have been discharged to the San Joaquin River. This in turn creates a cleaner river and adjacent wetlands significantly improving public lands. RECLAMATION INVOLVEMENT No substantial involvement on the part of Reclamation is anticipated for the successful completion of the objectives to be funded by this award. It is anticipated that Reclamation’s involvement will consist of standard federal stewardship responsibilities such as monitoring project performance, technical assistance at the request of the recipient, etc. SINGLE-SOURCE JUSTIFICATION DEPARTMENT OF THE INTERIOR SINGLE SOURCE POLICY REQUIREMENTS Department of the Interior Policy (505 DM 2) requires a written justification which explains why competition is not practicable for each single-source award. The justification must address one or more of the following criteria as well as discussion of the program legislative history, unique capabilities of the proposed recipient, and cost-sharing contribution offered by the proposed recipient, as applicable. In order for an assistance award to be made without competition, the award must satisfy one or more of the following criteria: (1) Unsolicited Proposal – The proposed award is the result of an unsolicited assistance application which represents a unique or innovative idea, method, or approach which is not the subject of a current or planned contract or assistance award, but which is deemed advantageous to the program objectives; (2) Continuation – The activity to be funded is necessary to the satisfactory completion of, or is a continuation of an activity presently being funded, and for which competition would have a significant adverse effect on the continuity or completion of the activity; (3) Legislative intent – The language in the applicable authorizing legislation or legislative history clearly indicates Congress’ intent to restrict the award to a particular recipient of purpose; (4) Unique Qualifications – The applicant is uniquely qualified to perform the activity based upon a variety of demonstrable factors such as location, property ownership, voluntary support capacity, cost-sharing ability if applicable, technical expertise, or other such unique qualifications; (5) Emergencies – Program/award where there is insufficient time available (due to a compelling and unusual urgency, or substantial danger to health or safety) for adequate competitive procedures to be followed. Reclamation did not solicit full and open competition for this award based on the following criteria: Continuation – The activity to be funded is necessary to the satisfactory completion of, or is a continuation of an activity presently being funded, and for which competition would have a significant adverse effect on the continuity or completion of the activity. The federal government has invested over $39 million in projects with the Recipient to control agricultural drainage water and manage salinity in the San Joaquin River. The Recipient has been successful in meeting selenium and salinity load targets due to this federal investment. The 2015 proposal is a continuation of similar projects funded since 2009. Unique Qualifications – The applicant is uniquely qualified to perform the activity based upon a variety of demonstrable factors such as location, property ownership, voluntary support capacity, cost-sharing ability if applicable, technical expertise, or other such unique qualifications. The Recipient is the public entity that is responsible for providing drainage service to farmers in the Grassland Drainage Area. The Recipient owns and operates local drainwater management facilities including more than 6,000 acres of land where agricultural drainwater is displaced to irrigate salt-tolerant crops. STATUTORY AUTHORITY 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)) ); as limited and delegated by the Secretary of the Interior to the Bureau of Reclamation at 255 DM 1.1B and subject to limitations listed in “Reclamation Manual Delegations of Authority” Paragraph 6.F.(2) 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)); as limited and delegated by the Secretary of the Interior delegation of authority to the Bureau of Reclamation at 255 DM 1.1B: The Fish and Wildlife Coordination Act, 16 U.S.C. § 661, states in part: [T]o provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs through the effectual and harmonious planning, development, maintenance, and coordination of wildlife conservation and rehabilitation … the Secretary of the Interior is authorized (1) to provide assistance to, and cooperate with, Federal, State, and public or private agencies and organizations in the development, protection, rearing, and stocking of all species of wildlife, resources thereof, and their habitat, in controlling losses of the same from disease or other causes, …. Department Manual Part 255 DM 1.1b Delegation. Subject to the exceptions in Section 1.2, the Commissioner of Reclamation (Commissioner) is delegated the authority of the Assistant Secretary – Water and Science to: B. Take the following actions, either directly or by providing financial assistance to non-Federal parties, pursuant to the Conservation of Wild Life, Fish and Game Act of March 10, 1934 (Public Law 73-121; 48 Stat. 401) as amended by the Fish and Wildlife Coordination Act of August 14, 1946 (Public Law 85-624; 72 Stat. 563; 16 U.S.C. 661-666c); Section 5 of the Endangered Species Act of 1973, December 28, 1973 (Public Law 93-205; 87 Stat. 884; 16 U.S.C. 1534); and Section 7(a) of the Fish and Wildlife Coordination Act of 1956, August 8, 1956 (70 Stat. 1122; 16 U.S.C. 742f(a)), regarding the construction and/or continued operation and maintenance of any Federal reclamation project: (1) plan, design, and construct, including acquiring lands or interest therein as needed for: (a) fish passage and screening facilities at any non-Federal water diversion or storage project; or (b)projects to create or improve instream habitat. (2) acquire or lease water or water rights from willing sellers or lessors; or (3) monitor and evaluate the effect of Reclamation actions on Endangered Species Act- listed species. 6.F. Environmental Management (ENV). The following are the exceptions or limitations to the delegation of authority to the regional directors under this series of the RM. (1) Environmental Management Systems. The deputy commissioners, regional directors, and directors are delegated the authority to implement Environmental Management Systems at their respective regions and program offices (515 DM 4). (2) Fish and Wildlife. The regional directors and the Director, Management Services Office, are delegated the authority pursuant to the Fish and Wildlife Coordination Act (16 USC 661-666c); Section 5 of the Endangered Species Act of 1973 (16 USC 1534); and Section 7(a) of the Fish and Wildlife Act of 1956 (16 USC 742f(a» to take the following actions, either directly or by providing financial assistance to non-Federal parties (255 DM 1.1.B.). Authority to award financial assistance agreements for projects associated with off-site locations (Paragraph 6.F.(2)(b» is limited to the regional directors and Director, Management Services Office. The authority of the regional directors and Director, Management Services Office to award financial assistance agreements for all other projects authorized by this delegation can only be redelegated to designated grants officers. (a) Conduct activities for the improvement of fish and wildlife habitat associated with water systems or water supplies affected by Reclamation projects, including but not limited to fish passage and screening facilities at any non-Federal water diversion or storage project within the region; (b) plan, design, construct, and monitor, including acquire lands or interest therein as needed, instream habitat improvements, including but not limited to fish passage screening facilities at off-site locations (as negotiated on privately owned lands and facilities not associated with a Reclamation project); (c) acquire or lease water or water rights from willing sellers or lessors; and (d) monitor and evaluate the effect of Reclamation actions on fish and wildlife resources including Endangered Species Act-listed species.