Department of the Interior: Yellowstone Controlled Ground Water Area Long Term Monitoring Grant

The purpose of the Controlled Groundwater Area of the Montana Reserved Water Rights Compact is the protection of Yellowstone National Park’s geothermal resource, primarily on the northern boundary of the park. The involvement of Yellowstone National Park is critical to insure the protection of the park’s geothermal resource. Data and interpretations will be discussed and shared on the status of the Yellowstone National Park geothermal system. The data will include hydrology, temperatures, and geochemical analyses. The State of Montana will discuss and share with Yellowstone National Park, the results of geothermal monitoring in the Controlled Groundwater Area. Yellowstone National Park’s geothermal system does not stop at the park’s legal boundaries. In an effort to protect the park’s world-unique geothermal system, the State of Montana has formed a Controlled Groundwater Area immediately adjacent to the park. The purpose of the controlled groundwater area is to ensure that no thermal waters will be produced in the Controlled Groundwater Area that may impact the park’s geothermal resource. Without this involvement from the State of Montana, geothermal resources in the northern portion of Yellowstone National Park would be at risk.
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 awarded this task to the Montana Tech of the University, Montana Bureau of Mines and Geology based on the following exception.
(4) The responsibilities described in this cooperative agreement for both the National Park Service and the State of Montana are specified in the United States Park Service – Montana Compact (Montana Code 85-20-401). Only the State of Montana has the legal authority to establish, permit, and monitor water flows within Montana in a Controlled Groundwater Area.
The National Park Service, the State of Montana, and the Department of Justice on January 31, 1994, executed a Water Rights Compact describing reserved water rights of the United States for the geothermal system within Yellowstone National Park; and establishing the Yellowstone Controlled Groundwater Area with administrative and enforcement procedures, and with research and data collection activities, the objective of which are to allow no impact to the geothermal system within the reserved land of Yellowstone National Park; and, many of the said procedures and activities are beyond the scope of the ordinary water rights administration procedures and research activities conducted by the State of Montana and are unique to and essential for the protection of the hydrothermal system within Yellowstone National Park.
Section H.2.b of the United States Park Service – Montana Compact states: “The Bureau (Montana Bureau of Mines and Geology) shall maintain an adequate database on the Yellowstone Controlled Groundwater Area (YCGWA) which shall include, at a minimum, analyses of water chemistry, temperature, well depth, well capacity, and well location.”