D-7800
ACM-1.10

MEMORANDUM

To: Bureau of Reclamation Chief Contracting Officers
Attention: D-7810 (Eckelberg), PN-3700 (Ford), MP-3800 (Ventuleth), LC-3100 (Guilbert), UC-800 (Ward), GP-3800 (Worley)

From: Karla Smiley, Manager
Acquisition and Assistance Management Services

Subject: Electronic Transmittal (ET) No. . 06-03 – Tribal Notification of Funding Limitations under a Continuing Resolution (CR) – Title I of Public Law (P.L.) 93-638 (Indian Self-Determination Act)

1. Purpose: The purpose of this memorandum is to transmit guidance for funding of contracts/agreements under Title I of P.L. 93-638 (Indian Self-Determination Act) during the fiscal year (FY) 2006 CR. Separate similar guidance has been issued for procurement and financial assistance actions.

2. Effective date: The effective date of this ET is October 1, 2005.

3. Expiration date: This ET is in effect until enactment into law of the FY 2006 Energy and Water Development Appropriations Act, or November 18, 2005, whichever occurs first. Supplements to this ET will be issued if the CR is extended or otherwise changed.

4. Background: On September 30, 2005, the President signed House Joint Resolution
(H.J.Res.) 68 which makes continuing appropriations for FY 2006 (available at http://thomas.loc.gov/). H.J.Res.68 generally appropriates amounts for continuing projects or activities which were conducted in FY 2005, at a rate for operations not exceeding the current rate, and for which appropriations, funds, or other authority was made available in accordance with Sec. 101 of the joint resolution.

5. Explanation of Changes:

a. While Reclamation operates under a CR, notification should be provided to tribal organizations who are awarded new contracts/agreements or if funding modifications to existing contracts/agreements, to inform them of current funding limitations.

b. The attached provision titled, "Limitation of Government's Obligation Under a Continuing Resolution – Title I, P.L. 93-638 (Indian Self-Determination Act) (October 2005)” has been developed to formally provide notification of the CR (Attachment 1).

6. Action required:

a. Include the attached clause in any new 638 contracts/agreements or modifications that provide funding under the CR.

b. Please make further distribution of this memorandum to all personnel involved in the award and administration of contracts/agreements under Title I of P.L. 93-638 (Indian Self-Determination Act).

7. Point of contact: Vicki Cook, Procurement Analyst, 303 445 2443.

Attachment