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Electronic Transmittal (ET) No. 08-02
Tribal Notification of Funding Limitations under a Continuing Resolution (CR) – Title I of Public Law (P.L.) 93-638 (Indian Self-Determination Act)

Expires: November 16, 2007, or, upon enactment of the FY 2008 Energy and Water Development Appropriations Act, if signed sooner. Should the CR be extended or a new CR enacted, this guidance will be updated by an ET supplement .

October 12, 2007

To: Regional Director, PN, MP, LC, UC, GP
   Attention: PN-3700 (Ford), MP-3800 (Ventuleth), LC-3100 (Nelson), UC-800 (Slater), GP-3700 (Banks), GP-3800 (Worley)
From: Karla J. Smiley /s/ Randall Boyce (Acting For)
Manager, Acquisition and Assistance Management Division
Subject:

Electronic Transmittal (ET) No. 08-02 – 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 2008 Continuing Resolution (CR). Separate similar guidance has been issued for procurement and financial assistance actions.
  2. Effective Date: This guidance is effective October 1, 2007.
  3. Expiration Date: November 16, 2007, or, upon enactment of the FY 2008 Energy and Water Development Appropriations Act, if signed sooner. Should the CR be extended or a new CR enacted, this guidance will be updated by an ET supplement.
  4. Background:
    1. The President signed House Joint Resolution 52 on September 29, 2007, which provides continued appropriations under a continuing resolution (CR) through November 16, 2007. Funding is provided for each Reclamation appropriations account (i.e., Water & Related Resources, P&A, California Bay/Delta, and CVP Restoration Fund) at the same level as FY 2007, prorated for the period October 1 - November 16, 2007.
    2. While Reclamation operates under the CR, notification must be provided to current tribal contractors and special clauses must be included in new contracts executed under Title I of P.L. 93-638. In order to allow for timely payment of invoices during this period, the guidance in this memorandum shall be followed by all Awarding Officials.
  5. Explanation of Changes:
    1. While Reclamation operates under a continuing resolution, 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.
    2. The attached provision titled, "Limitation of Government's Obligation Under a Continuing Resolution – Title I, P.L. 93-638 (Indian Self-Determination Act) (October 2007)” has been developed to formally provide notification of the continuing resolution (Attachment 1).
  6. Action Required:
    1. Include the attached clause in any new 638 contracts (agreements) or modifications that provide funding under the continuing resolution.
    2. 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, at 303 445 2443 or by e-mail at vcook@do.usbr.gov.
Attachment 1
 
cc: 84-27760 (Martinez), 84-27800, (Cook, Jackson, Schmidt, Terrell), 84-27810 (Cody), PN-3702 (Hedeen), PN-3709 (McGinnis), PN-3711 (Lyndaker), PN-3712 (Coleman), MP-3800 (Heitz, Steele, Yamamoto), LC-3104 (Murray), UC-800 (Duffin, Durrant, Ward), UC-820 (Postell), UC-840 (Nelson), GP-3800 (Woegens), GP-3700 (Frost, Nafts, Ottenbreit), SRA-7154 (Maloney, Strong), UCA-1730 (Neuman), UCA-1731 (Crumrine)