Open Space Management

Performance Date of fexecution through December 31, 2019 Award Instrument Grant Statutory Authority Public Law 89-72, as amended (16 USC 460L-15, Section 3(c)(1). CFDA # and Title 15.524 Single Source Justification Criteria Cited UNIQUE QUALIFICATIONS Reclamation Point of Contact Jason Kirby Email: jkirby@usbr.gov OVERVIEW This financial assistance agreement will continue over the next 5 years to fund activities considered highly important to the integrity of Casitas Lake as a drinking water lake, (no body contact allowed within the reservoir). Reclamation has acquired certain lands (Open Space) to protect the quality of water in Lake Casitas and for other watershed protection issues. The management agreements in place between Reclamation and Casitas identify areas that need to be maintained and wherever possible, in the natural state of the area. The work in the proposed financial assistance agreement is to perform any and all task necessary to maintain the open space lands in their natural state. This will include, but not limited to, fence repair, trespassing control, security patrol and other watershed activities necessary to protect the area surrounding Lake Casitas RECIPIENT INVOLVEMENT Objective 1. Fence Repair and Improvements: There are approximately 13 miles of 4-strand barb-wire fence that surrounds the Open Space Lands at Lake Casitas. These fence lines are constantly damaged by fallen tree limbs, high winds, vehicle accidents, vandalism and wear on the wire. While Reclamation is responsible for the security fence and its integrity and maintenance, repairs are sometimes required due to vandalism and require wire, stakes, and hand tools. To protect the lands from public intrusion and keep the integrity of the fence lines in place, repairs and improvements need to be made as required on a yearly basis. Reclamation and Casitas Water District will work together to see that these fence lines are kept in good condition. At times dumping of trash is an issue along the fence lines and Casitas staff will assist with these duties if necessary to alleviate public safety or water quality issues. Objective 2. Waterway Maintenance: Several annual creeks cross the open space lands and 1 diversion canal enters the Casitas Reservoir through the Open Space Lands from the north of the Lake. These waterways need to be free of refuse, garbage and obstructions so that natural flows reach the storage reservoir. Casitas Municipal Water District will be tasked with keeping those creeks in good flowing condition and monitoring the condition with patrols and communication. Actions that may be required are tree removal, creek bed maintenance, high water flow damage, vandalism and any other issues that would hinder flows of natural water into Lake Casitas. Casitas is also responsible for the Robles Canal and its maintenance through an existing contract with Reclamation, (Safety of Dams). This diversion canal diverts contract water from the Ventura River at certain flows and is required to be an open channel at all times. Objective 3. Security Patrol. Reclamation has an existing Grant ( R11PG20245), for Open Space protection with the US Forest Service. This proposed agreement with Casitas Water District will augment that protection by providing occasional ranger patrols through the area to keep the general public from trespassing onto Federal lands and assist Forest Service in fire prevention and reduction of vandalism in the area. The Ranger patrols will also help with creating a presence and deter dumping, poaching, and trespass issues. This time and work will coordinate closely with the United States Forest Service. 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 the following criteria: (4) UNIQUE QUALIFICATIONS Single Source Justification Description: Single source justification was used in this proposal because Casitas Reservoir Open Space is managed and operated through an Interim Agreement between Reclamation and the Casitas Municipal Water District (CMWD), (Contract No. 8-07-20-L0530). That Agreement states that CMWD is currently operating the Project and managing those Project lands pursuant to Contract No. 14-06-200-5257. CMWD operates and manages Reclamation land around Lake Casitas and Casitas Dam for Lake Casitas Recreation Area under Agreement No. 11-LC-20-0216. All equipment and the Management structure necessary to operate Lake Casitas Recreation Area and the Open Space Lands are provided on site by CMWD. In February of 2010, Reclamation issued a Final Resource Management Plan (RMP)/Environmental Impact Statement. This document stated that ‘Implementing the RMP management actions will be the primary responsibility of the managing partner”. CMWD has been the Managing Partner since 1956 and has distinct and adequate background to continue in that capacity and to administer financial assistance when required. STATUTORY AUTHORITY P.L. 89-72, Federal Water Project Recreation Act, July 9, 1965. Section 1, Section 3(b)(1) and Section 3(c)(1). Sec. 1. Congressional policy—It is the policy of the Congress and the intent of this Act that (a) in investigating and planning any Federal navigation, flood control, reclamation, hydroelectric, or multiple-purpose water resource project, full consideration shall be given to the opportunities, if any, which the project affords for outdoor recreation and for fish and wildlife enhancement and that, wherever any such project can reasonably serve either or both of these purposes consistently with the provisions of this Act, it shall be constructed, operated, and maintained accordingly: (b) planning with respect to the development of the recreation potential of any such project shall be based on the coordination of the recreational use of the project area with the use of existing and planned Federal, State, or local public recreation developments; and (c) project construction agencies shall encourage non-Federal public bodies to administer project land and water areas for recreation and fish and wildlife enhancement purposes and operate, maintain, and replace facilities provided for those purposes unless such areas or facilities are included or proposed for inclusion within a national recreation area, or are appropriate for administration by a Federal agency as a part of the national forest system, as part of the public lands classified for retention in Federal ownership, or in connection with an authorized Federal program for the conservation and development of fish and wildlife and Sec. 3 (b) (1) If non-Federal public-bodies execute an agreement after initial operation of the project (which agreement shall provide that the non-federal public bodies will administer project land and water areas for recreation or fish and wildlife enhancement or both pursuant to the plan for the development of the project approved by the head of the agency having administrative jurisdiction over it and will bear not less than one-half the costs of lands, facilities, and project modifications provided for recreation, and will bear one-quarter of such costs for fish and wildlife enhancement, and not less than one-half the costs of planning studies, and the costs of operation, maintenance, and replacement attributable thereto) the remainder of the costs of lands, facilities, and project modifications provided pursuant to this paragraph shall be non-reimbursable. and Sec. 3(c) (1) Any recreation facility constructed under this Act may be expanded or modified if (A) the facility is inadequate to meet recreational demand: and (B) a non-Federal public body executes an agreement which provides that such public body- (i) will administer the expanded or modified facilities pursuant to a plan for development for the project that is approved by the agency with administrative jurisdiction over the project; and (ii) will bear not less then one-half of the planning and capital costs of such expansion or modification and no less than one-half of the costs of the operation, maintenance, and replacement attributable to the expansion of the facility. (2) The Federal share of the cost of expanding or modifying a recreational facility described in paragraph (1) may not exceed 50 percent of the total cost of expanding or modifying the facility. 16 USC 460l(b) Preservation of recreation and fish and wildlife enhancement potential…and preference to uses promoting and not detracting from such potential Notwithstanding the absence of an indication of intent as specified in section 460l-13(a) of this title, lands may be provided in connection with project construction to preserve the recreation and fish and wildlife enhancement potential of the project. (1) If non-Federal public bodies execute an agreement after initial operation of the project (which agreement shall provide that the non-Federal public bodies will administer project land and water areas for recreation or fish and wildlife enhancement or both pursuant to the plan for the development of the project approved by the head of the agency having administrative jurisdiction over it and will bear not less than one-half the costs of lands, facilities, and project modifications provided for recreation, and will bear one-quarter of such costs for fish and wildlife enhancement, and not less than one-half the costs of planning studies, and the costs of operation, maintenance, and replacement attributable thereto) the remainder of the costs of lands, facilities, and project modifications provided pursuant to this paragraph shall be non-reimbursable. Such agreement and subsequent development, however, shall not be the basis for any reallocation of joint costs of the project to recreation or fish and wildlife enhancement. 16 USC 460l(c) Expansion or modification of existing facilities (1) Any recreation facility constructed under this part may be expanded or modified if – (A) The facility is inadequate to meet recreational demands; and (B) A non-Federal public body executes an agreement which provides that such public body – (i) Will administer the expanded or modified facilities pursuant to a plan for development for the project that is approved by the agency with administrative jurisdiction over the project; and (ii) Will bear not less than one-half of the planning and capital costs of such expansion or modification and not less than one-half of the costs of the operation, maintenance, and replacement attributable to the expansion of the facility. 16 USC 590a(1) To conduct surveys, investigations, and research relating to the character of soil erosion and the preventative measures needed, to publish the results of any such surveys, investigations, or research, to disseminate information concerning such methods, and to conduct demonstrational projects in areas subject to erosion by wind or water; 16 USC 590a(2) To carry our preventative measures, including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, and changes in use of land; and 16 USC 590a(3) To cooperate or enter into agreements with, or to furnish financial assistance or other aid to, any agency, governmental or otherwise, or any person, subject to such conditions as he may deem necessary, for the purposes of this chapter.