National Park Service Grant for Reese Creek Watershed Enhancement

This announcement is not a request for applications.
This announcement is to provide public notice of the National Park Service’s intention to award financial assistance for the following project activities without competition.

ABSTRACT
Funding Announcement Number NOIP17AC00260
Project Title Reese Creek Watershed Enhancement
Recipient Trout Unlimited, Inc.
Anticipated Federal Funding 42800
Non-federal Cost Share 11000
Anticipated Period of Performance March 2017 through March 2021
Award Instrument Cooperative Agreement
Statutory Authority •54 U.S.C. §101702(a) Cooperative Agreements, Transfer of Service Appropriated Funds
•54 U.S.C. §101702(b) Cooperative Agreements, Cooperative Research and Training Programs
•Organic Act 16 U.S.C. s1, the Clean Water Act
•Endangered Species Act 16 U.S.C. s1531
•Wilderness Act. 16 U.S.C. 1131-1136, 78 Stat. 890.
CFDA # and Title 15.954
Single Source Justification Criteria 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;
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.

Point of Contact Tina Holland, email: tina_holland@nps.gov, phone: 307-344-2082

BACKGROUND AND OBJECTIVES

The objective of this Agreement is to

Yellowstone National Park is the heart of the Greater Yellowstone Ecosystem
(GYE).This ecosystem encompasses an uncommon abundance of geologic features
which gives rise to a diversity of habitats and wildlife species. Within Yellowstone Park over 51% of the surface area is covered by water. There are more than 220 named and hundreds of unnamed streams with a cumulative length of 4,300 kilometers, most of which are habitat for cold-water fish species. Included are a number of native fish species important both as a food source for predator species and visitor enjoyment.
Non-consumptive angling contributes significant experiential and economic value locally, regionally, and to visitors from around the world. To help ensure the long term viability of these resources and values, Yellowstone National Park (YNP) seeks a partner with demonstrated experience and expertise in public/private partnership collaboration and development, knowledge of Montana water rights, and a successful track record of carrying watershed improvement projects to completion.

The primary goal of this cooperative agreement is to facilitate a project that reduces irrigation water lost to infiltration and evaporation by replacing an open, unlined ditch with a flow metered pipe system. This saved water will be kept in the Reese Creek flow channel, reduce or eliminate dewatering events, and increase water available to benefit native trout, riparian habitat, and an ongoing USDA Forest Service restoration project. Cooperator must be able to assist with project coordination between NPS, USDA Forest Service, state permitting agencies, and private water rights holders. This project may also serve as a case study for education and outreach efforts to highlight public/private conservation successes.

Use staffing and funding of the NPS and the Recipient, to accomplish the following goals:
1. Protect, and where appropriate, restore the ecosystems associated with riparian and aquatic habitats for cold-water fisheries according to and within the legal and regulatory parameters of the NPS and Recipient organizational guidelines.
2. To preserve and restore indigenous subspecies of cutthroat trout and other native species through cooperative programs, i.e. habitat conservation assessments, watershed enhancement projects, etc.

3. Conduct education programs to:
a. Increase public awareness of the social and economic values of native fisheries, as well as the threats that exotic species threats.
b. Engage and enhance project stakeholders appreciation and understanding of habitat protection and management requirements for fisheries and habitat rehabilitation for Yellowstone watersheds in general and specifically for Reese Creek, and,
c. Promote public involvement and enjoyment of GYE’s recreational fishery resources, their enhancement and management.

4. Facilitate the transfer of funds, development, planning, and oversight of habitat improvement projects to benefit native fisheries.

a. Transfer funds to accomplish specific activities purchase supplies, equipment, services, or data between participants.

The primary goal of this cooperative agreement is to complete a project to reduce irrigation water lost to infiltration and evaporation by replacing an open, unlined ditch with a flow-metered pipe system. This saved water will be kept in the Reese Creek flow channel, reduce or eliminate dewatering events, and increase water available to benefit native trout populations and angling opportunities, improve riparian habitat, and benefit an ongoing USDA Forest Service restoration project. Cooperator must be able to assist with project coordination between NPS, USDA Forest Service, state permitting agencies, and private water rights holders.

Project elements include:
Survey existing irrigation infrastructure and elevations
Conduct professional review of student-designed engineering plans
Initiate required permits
Provide project oversight
Purchase supplies and materials needed to install pipeline

STATEMENT OF WORK

A. The Recipient agrees to:

This project will be jointly administered between the Recipient and Yellowstone National Park staff.
Purpose:
The purpose of this agreement is to establish a cooperative relationship between the participants to ensure that the Greater Yellowstone Ecosystem is protected, maintained and managed to achieve the goals established for the Park. Encompassed within those goals is the protection and management of ecosystems in such a way that the indigenous cold-water fisheries will be perpetuated for the enjoyment of present and future generations. The cooperative activities will include habitat management and enhancement, stakeholder outreach, joint project coordination, ecosystem inventory and monitoring, and public education.

Scope of Work Tasks to be completed by the recipient:
1. Survey existing irrigation infrastructure and elevations (see Survey SOW detail attachment for this task)
2. Conduct professional review of student-designed engineering plans by a certified civil Engineer, make corrections, review and certify 100% plans. (see attached draft plans)
3. Determine requirements and serve as applicant for all required project permits, including the following:
124 permit
404 Permit:
318 Authorization
Water Right Permit and Change Authorization
Stormwater Discharge Permits
4. Purchase supplies and materials needed to install pipeline.
5. Serve as co-lead with NPS for all project construction oversight

B. NPS agrees to:

Contribute $123,800 in funding, staff time, and in-kind contributions to the project.
Manage all NEPA and NHPA compliance.
Engage and direct student involvement to develop scoping alternatives, draft designs, and presentations.
Co-lead with recipient all project oversight.
Lead all post-construction restoration activities and monitoring.

C. The Recipient and NPS, jointly, agree to:

A. Use staffing and funding of the NPS and the Recipient, to accomplish the following goals:
B. Protect, and where appropriate, restore the ecosystems associated with riparian and aquatic habitats for cold-water fisheries according to and within the legal and regulatory parameters of the NPS and awardee organizational guidelines.
C. To preserve and restore indigenous subspecies of cutthroat trout and other native species through cooperative programs, i.e. habitat conservation assessments, watershed enhancement projects, etc.
D. Conduct education programs to:
Increase public awareness of the social and economic values of native fisheries, as well as the threats that exotic species threats.
E. Engage and enhance project stakeholders appreciation and understanding of habitat protection and management requirements for fisheries and habitat rehabilitation for Yellowstone watersheds in general and specifically for Reese Creek, and,
F. Promote public involvement and enjoyment of GYE’s recreational fishery resources, their enhancement and management.
G. Facilitate the transfer of funds, development, planning, and oversight of habitat improvement projects to benefit native fisheries.
H. Transfer funds to accomplish specific activities purchase supplies, equipment, services, or data between participants.

SINGLE-SOURCE JUSTIFICATION

NPS did not solicit full and open competition for this award based the following criteria:

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;

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.

Yellowstone National Park staff is currently working on a watershed enhancement project for
Reese Creek, located within the park in Gardiner Basin, MT. Reese Creek is unique because it
is the only watershed in Yellowstone NP where the park does not own all the water rights.
Privately held deeded water rights deplete in-stream flows annually, endangering native
Yellowstone Cutthroat trout. A park project is now under way to replace an open unlined
irrigation ditch with a closed, metered pipe system. This improvement will save water from
being lost through infiltration and evaporation, monitor water delivery, and alert park staff and
private water rights holders in real time of imminent stream dewatering events. Because this
project would occur on park and private land, Yellowstone staff seek a partner to co-lead this
effort with experience in public/private partnership building, knowledge of Montana water
rights, and demonstrated track record of successful project completion. The Montana office of
Trout Unlimited, Inc. currently has an MOU in place with Yellowstone National Park to
accomplish similar restoration goals and is uniquely qualified to serve as this partner, with Pat
Byorth identified as the key staff member to co-lead the Reese Creek project.

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;
The Trout Unlimited Montana Water Project was founded in 1997 with an eye toward restoring stream flows for native and wild trout in tributaries and main stem rivers over-appropriated under the prior appropriation doctrine. Since its founding, the Montana Water and Habitat program has: changed Montana water law to secure legal recognition of instream flows as a beneficial use; forced the state to recognize the integral nature of surface and groundwater; secured water leases on 32 streams across Montana, legally protecting approximately 269 cfs and improving habitat on 381 stream miles; and, secured major flow restoration on the Sun and Bitterroot Rivers by brokering major reservoir management changes in collaboration with irrigators. Their team includes 4 attorneys, two engineers, and an ecologist who each manage on-the-ground projects and engage policy questions.

Patrick Byorth leads the Greater Yellowstone Instream Flow Restoration Project, where TU has already helped to execute on-the-ground, collaborative restoration projects that produce tangible results in Greater Yellowstone region (see existing Yellowstone/TU MOA for Grayling Restoration, Appendix XX).

Lack of water is the most difficult aspect of stream restoration because it presents challenging policy hurdles that TU’s experienced staff is uniquely qualified to address. Mr. Byorth began investigating Yellowstone cutthroat trout’s response to dewatering in Yellowstone River tributaries for his graduate work in fisheries science, and spent the next 20 years implementing community-based, conservation and restoration projects in the Yellowstone, Madison, Gallatin, and Big Hole river basins to relieve wild and native trout populations from the effects of wide-spread drought and chronic dewatering. Mr. Byorth went to law school precisely to be able to address the broader legal and policy hurdles to implementing ambitious restoration goals.

Demonstrated experience and expertise in public/private partnerships

TU’s Montana Water and Habitat Project has been developing and exercising public and private partnerships for 20 years. TU was instrumental in creating the Blackfoot Challenge in partnership with the Big Blackfoot Chapter of TU. On the Big Hole river, Patrick Byorth, as FWP’s Arctic grayling biologist, helped to create the Big Hole Watershed Committee, another successful collaborative watershed group which has taken the lead in watershed conservation. Pat is a stakeholder in the Big Sky Sustainable Water Solutions Forum. Megan Casey, TU Staff Attorney, is project manager for the Upper Clark Fork currently working with the Watershed Restoration Coalition and Granite Headwaters watershed groups.
Stan Bradshaw, their senior attorney, has led instream flow transactions since helping to create the Blackfoot challenge, securing water leases and streamflow restoration in over 20 streams. The Blackfoot Challenge remains the paradigm example of community-based collaborative conservation, investing millions of public and private funding dollars in restoring this watershed. Laura Ziemer, Senior Counsel and Water Policy Advisor has brokered major water transactions in the Bitterroot River, where water from Painted Rocks Reservoir is now secure as instream flow and has worked closely with the Sun River Watershed group to change water management from Gibson Reservoir, transforming the Sun River from a parched gravel thread to a thriving trout fishery by working hand in hand with two large irrigation companies.

Knowledge of Water Rights

For twenty years, TU’s Montana Water Project attorneys have crafted reforms in Montana water law and secured legal protections for instream flows. Having led the legislative movement to authorize instream flow leasing, TU holds leases in 32 streams across the state, each of which required several permits and navigating administrative processes before the Department of Natural Resources and Conservation. TU attorneys have led cases before the Montana Water Court and appeared as plaintiffs and lead attorneys before the Montana Supreme Court in paradigmatic cases such as Bean Lake III, 311 Mont. 327 (establishing instream flow and in lake water as beneficial uses), Montana Trout Unlimited v. DNRC,2006 MT 72 (forcing the state to integrate management of surface and ground water), Beaverhead Water v. Montana TU, 2011 MT 151 (establishing standing for non-water right owners in Montana’s statewide adjudication). TU attorneys have also published academic analyses of water law issues, including: L. Zeimer, S. Bradshaw, and M. Casey, Changing Changes; a Road map for Montana’s Water Management, 14 Denver Water L. Rev. 47 (2010), and P. A. Byorth, Conflict to Compact: Federal Reserved Water Rights, Instream Flows, and Native Fish Conservation on National Forests in Montana, 30 Public Land and Res. L. Rev. 35 (2009).

Successfully Carrying Water Projects to Completion

As stated above, TU currently holds water leases on 32 streams across Montana in the Yellowstone, Gallatin, Madison, Upper Clark Fork, and Big Blackfoot watersheds. Each water lease requires patience and persistence to: create relationships with willing water users, conduct due diligence on water rights, research and document historic use, prepare change in use applications, navigate the administrative processes required to protect water rights as instream flow, and raise funds in support of projects. Projects have been funded from a variety of granting sources, such as private foundations (e.g. Turner Foundation, Cross Foundation, Hewlett Foundation, Ishyama Foundation, Cinnabar Foundation) and public funding (e.g. the Columbia Basin Water Transactions Program and Montana Future Fisheries Improvement Program). The time dedicated to successfully complete each of these projects ranges from 1.5 years to 10 years, requiring patience and persistence.

Permitting

Each streamflow restoration project may require a variety of permits in addition to administrative change in water rights. TU staff has experience across the spectrum of state and federal permitting required for stream restoration. In particular, Patrick Byorth, Director of Montana Water, Trout Unlimited’s Western Water and Habitat Project has a 27 year career in acquiring and administering permitting including reviewing and issuing over 3,000 permits as a Fisheries Biologist for Montana Fish, Wildlife, and Parks including Natural Streambed and Land Preservation Act (310), Stream Protection Act (124), Private Pond Licensing, Clean Water Act (404 and 318). In addition to administering permits, Pat has personally acquired permits for over 15 habitat restoration projects as both project applicant and advisor.
Patrick Byorth joined the Montana Water Program at Trout Unlimited as a staff attorney in August, 2009 and became Director of Montana Water in 2013. His work at Trout Unlimited focuses on restoration of instream flows and habitats to benefit native and wild fishes through community-based efforts. He spent nearly 17 years as a fisheries biologist with Montana Fish, Wildlife, and Parks working to restore Arctic grayling, Yellowstone and west slope cutthroat trout in their native waters. Pat shifted gears in 2006, entering the legal profession to focus on water law, instream flow restoration, and water policy reform, earning a J.D. at UM School of Law in 2009. He earned a B.A. in biology and chemistry from Carroll College and an M.S. in fish and wildlife management from Montana State University. Pat served as President of the Montana Chapter of the American Fisheries Society and was recognized as the Chapter’s Fisheries Professional of the Year in 2006. He was the founding Chairman of Montana Aquatic Resources Services, Inc., an aquatic mitigation company innovating new strategies for restoring Montana’s streams, lakes and wetlands and continues to serve on MARS’ executive committee. Pat served as Vice Chair of the Greater Gallatin Water Council. He joined the board of the Four Corners Community Foundation in 2017.

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;
Even though Yellowstone National Park has had agreements in place with the Montana Trout Unlimited office for twenty years, neither party solicited assistance for Reese Creek restoration. The NPS invested in water monitoring, surveys, designs, and irrigation infrastructure to deliver deeded water rights to private landowner neighbors. TU conducted fundraising activities to support projects throughout the region. The Cooperative agreement would be an innovative approach to combine NPS resource management expertise, site knowledge, and education capacity with TU funding, permitting, construction, and water right experience. This combination would prove advantageous to both organizations and advance restoration goals

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.

2. The Student Conservation Association was also considered as this organization has a great deal of experience staffing restoration projects in park settings. However, they did not have staff with the requisite water permitting and Montana water rights knowledge needed for project success.

3. The Youth Conservation Corps was also considered, but dismissed for the same lack of specific expertise as SCA.

For these reasons, Yellowstone National Park staff request a sole source justification to engage in a cooperative agreement with Trout Unlimited, Inc.