NOTICE OF INTENT TO AWARD This Funding Announcement is not a request for applications. This announcement is to provide public notice of the National Park Service’s intention to fund the following project activities without full and open competition. ABSTRACT Funding Announcement Number NPS-NOIR# P13AC00326 Project Title Kohrs-Manning Ditch Irrigation System Improvements Recipient Deer Lodge Valley Conservation District Principle Investigator / Program Manager Jason Smith Total Anticipated Award Amount Cost Share None Required New Award or Continuation? New Master Cooperative Agreement, P13AC00326 Anticipated Length of Agreement 5 years Anticipated Period of Performance May 15, 2013- May 15, 2017 Award Instrument Cooperative Agreement Statutory Authority 16 U.S.C. §1g. CFDA # and Title 15.954 Single Source Justification Criteria Cited #4 – Unique Qualifications NPS Point of Contact Tina Holland Page 1 OVERVIEW, RECIPIENT AND NPS SUBSTANTIAL INVOLVEMENT Public Purpose The Deer Lodge Valley Conservation District and the State of Montana have recognized that facilitating improvements to the Kohrs-Manning Ditch Company diversions and canal will lessen annual disturbances or threats to aquatic resources and facilitate improved recreational opportunities (enhanced fisheries). In a worst case scenario, an unmaintained flume across Johnson Creek could cause substantial damage to the Johnson Creek channel if by chance it would fail and send more than 40x the average flow rate down the small Johnson Creek channel. This agreement helps ensure infrastructure such as the flume is maintained and eliminates the risk of harm to public waters and fisheries. Substantial Involvement The National Park Service is one of five users of the Kohrs-Manning Ditch irrigation system. Substantial involvement from the users of Kohrs-Manning Ditch, including the National Park Service, is necessary to move forward with any project on the irrigation system. Water from the Kohrs-Manning Ditch has been put to beneficial use for irrigation since 1895 on what is now National Park Service lands and beyond. Cooperation for 100+ years among Kohrs-Manning Ditch irrigators has been necessary to keep the irrigation system maintained and operational. For irrigation system improvements, there are specific time frames that must be coordinated with all users to implement system projects. In 1969, the Conservation District helped facilitate that last rebuilding of the flume for the Kohrs-Manning Ditch Company. Continued cooperation and coordination through projects like the flume are a necessity for The National Park Service to be recognized in the next 100+ years as a water right user and cooperator by the Kohrs-Manning Ditch Company. Project coordinating meetings are necessary to facilitate plans and implementation. The National Park Service attendance at the meetings is critical for decision making. All cooperators (including NPS) will need to agree on either continued use of or replacement of the current pilings for the project to move forward. The flume location is adjacent to the site’s most visited area. The National Park Service will be involved in directing construction equipment into and out of the site and keeping visitor’s safe and away from the construction zone. The National Park Service will be the Montana Stream Protection Act permit holder for the project and will need to verify that all requirements are being followed. Project documentation will facilitate continued coordination among partners, and efficient future maintenance and replacement for ditch infrastructure. 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. The National Park Service will award this Master Agreement to the Deer Lodge Valley Conservation District (4) Unique Qualifications - The Deer Lodge Valley Conservation District (DLVCD) facilitated the development of the Kohrs-Manning Ditch Company (KMDC) Capital Improvements Plan (CIP) dated March 2012. The National Park Service shares water rights on the Kohrs-Manning Ditch. The DLVCD has applied for a $100,000 State of Montana Renewable Resource Grant and Loan (RRGL) on behalf of the KMDC for the Clark Fork River Diversion. The grant is currently on the RRGL funding list (final announcement April 2013). When funding is received, the DLVCD will facilitate the project with matching funds to be provided by the 3 shareholders. The DLVCD is also working through the Watershed Restoration Coalition to secure Montana Natural Resource Damage Program funds to replace the Cottonwood Creek Diversion and Crossing. Funding is tentatively approved for this. Because of the involvement and support the DLVCD has given to the KMDC, the National Park Service sees this as effective reasons to select the DLVCD to facilitate the cooperation needed to insure the function of the irrigation system including the replacement of the flume.