2 April 23, 2018 Clarifications You submitted these follow-up inquiries to the agency (edited for brevity): 1. Did all the money shown on the charts go directly to the science center/funding? 2. Can BPA provide specifics on where the money went (seen on pg. I 0 here https://www.nwcouncil.org/media/74911 02/2017-2.pdf)? 3. Can BP A release the specifics on who the "private/non-profit/other" groups are, as shown on "Contractor Costs FY2016" (see on pg. 19 here https://www.nwcouncil.org/media/74911 02/2017-2.pdf)? 4. Also, the chart labels these as "contracts." Are these binding contracts? 5. Does BPA require a non-disclosure agreement with these agencies? Response Responsive to your FOIA request, the agency's Fish & Wildlife office has generated a report showing all expenditures for NOAA Fisheries during the fiscal years 2012 through 2017, by project. That responsive report, NOAA Contract Expenditures Fiscal Years 2012-2017 (I page), accompanies this communication. Responsive to your enumerated questions, above, the agency's Fish & Wildlife office has generated the following information and reports: 1. Did all the money shown on the charts go directly to the science center/funding? No, BP A funding for the Science Center goes through NOAA Fisheries. We have various contracts with NOAA Fisheries, but the Science Center is not necessarily involved in each project. That responsive report, "FY16 NOAA contracts (2 pages)," accompanies this communication and provides a list of31 active contracts during fiscal year 2016. 2. Can EPA provide specifics on where the money went? This information is found on a report accompanying this communication ("Direct Program Expenditures of FCRPS BiOp Projects, FY20 16 ( 4 Pages)"). Statements of Work for each project show the budgets assigned to each work element. Actual costs that BP A reimbursed to the NOAA Fisheries (which may be less than the amount budgeted) are listed on the report under Question 1. If this question refers to all FCRPS spending, see page 10 of the Northwest Council' s Govemors Report. 3. Can EPA release the specifics on the identities of''private/non-proflt/other" groups, as shown on "Contractor Costs FY2016"? Yes, the names of all of BPA 's fish and wildlife mitigation contractors are public and found within the website www.cbfish.org. BPA has also prepared a report showing this infonnation ("Direct Program Expenditures by Contractor Type, FY20I6 (4 Pages)"), and it accompanies this communication. 4. Also, the chart labels these as "contracts." Are these binding contracts? Yes, contracts are legally binding procurement contracts administered following the BPA 3 Purchasing Instructions. BPA does not use the Federal Acquisition Regulations used by most agencies. BP A uses contracts when funding goods and services needed by the agency, and uses either contracts or financial assistance agreements (grants) to fund other types of work, including Fish and Wildlife projects. You may review the BPA Purchasing Instructions and financial assistance instructions at the following links: httos://www.bpa.gov/Doing%20Business/purchase/Pages/default.aspx https://www.bpa.gov/Doing%20Business/finassist/Pages/default.aspx 5. Does BPA require a non-disclosure agreement with these agencies? BPA does not usually require non-disclosure agreements, and such agreements are subject to applicable disclosure laws including the Freedom of Information Act. Information about non­ disclosure can also be found in the BP A Purchasing Instructions linked above, primarily in section 17.6.2. In accord with the FOIA, BP A is herein releasing 1 l pages of responsive agency records/reports, as described above, with no redactions applied. Fee There are no fees applicable to your request for agency information. Certification Your FOIA request is now closed with all available agency records and information provided. Pursuant to I 0 C.F .R. § I 004. 7(b)(2), I am the individual responsible for the release and determinations described above. Appeal This decision, as well as the adequacy of the search, may be appealed within 90 calendar days from your receipt of this letter pursuant to 10 C.F.R. § I 004.8. Appeals should be addressed to: Director, Office ofHearings and Appeals, HG-1 , L'Enfant Plaza U.S. Department of Energy 1000 Independence Avenue, S.W. Washington, D.C. 20585-I615 The written appeal, including the envelope, must clearly indicate that a FOIA appeal is being made. You may also submit your appeal to [email protected], including the phrase "Freedom of Infonnation Appeal" in the subject line. The appeal must contain all of the elements required by I 0 C.F .R. § I 004.8, including a copy of the determination letter. Thereafter, judicial review will be available to you in the Federal District Court either: 1) in the Direct Program Expenditures by Contractor Type, FY2016 Contractor Type Prime Contractor 2016 FEDERAL NATIONAL MARINE FISHERIES (NOAA) $6,916,950 BPA OVERHEAD (& NON-CONTRACTED PROJECT COSTS) $20,288,062 US FISH & WILDLIFE SERVICE (USFWS) $3,027,580 US BUREAU OF RECLAMATION (BOR) $263,562 US ARMY CORP OF ENGINEERS (COE) $1,278,361 PACIFIC NW NATIONAL LABORATORY/DEPT. OF ENERGY $793,662 US FOREST SERVICE (USFS) $962,585 US GEOLOGICAL SURVEY (USGS) $1,809,300 FEDERAL TOTAL $35,340,062 STATE OREGON DEPARTMENT OF FISH & WILDLIFE $15,246,156 OREGON WATERSHED ENHANCEMENT BOARD $55,535 OREGON Subtotal $15,301,691 IDAHO DEPARTMENT OF FISH & WILDLIFE $11,875,775 IDAHO SOIL & WATER CONSERVATION COMMISSION IDAHO STATE OFFICE OF SPECIES CONSERVATION $3,352,210 IDAHO Subtotal $15,227,985 WASHINGTON DEPARTMENT OF FISH & WILDLIFE $12,793,663 WASHINGTON DEPARTMENT OF ECOLOGY WASHINGTON Subtotal $12,793,663 MONTANA FISH, WILDLIFE AND PARKS (MFWP) $3,810,995 MONTANA Subtotal $3,810,995 STATE TOTAL $47,134,334 TRIBE BURNS PAIUTE TRIBE $797,849 COEUR D'ALENE TRIBE OF IDAHO $2,722,811 COLUMBIA RIVER INTERTRIBAL FISH COMMISSION $9,140,737 COLVILLE CONFEDERATED TRIBES $15,137,000 CONFEDERATED TRIBES OF GRAND RONDE $163,102 CONFEDERATED TRIBES OF SILETZ INDIANS $124,210 CONFEDERATED TRIBES OF WARM SPRINGS $6,615,140 COWLITZ INDIAN TRIBE $661,308 FORT McDERMITT TRIBE $4,650 KALISPEL TRIBE OF INDIANS $3,359,054 KOOTENAI TRIBE $15,188,307 NEZ PERCE TRIBE $16,526,287 SALISH AND KOOTENAI TRIBES CONFEDERATED TRIBES $632,232 SHOSHONE-BANNOCK TRIBES $3,422,313 SHOSHONE-PAUITE TRIBES $936,944 SPOKANE TRIBE OF INDIANS $3,403,933 UMATILLA CONFEDERATED TRIBES $10,584,971 UPPER COLUMBIA UNITED TRIBES (UCUT) $466,896 UPPER SNAKE RIVER TRIBES FOUNDATION $381,505 YAKAMA CONFEDERATED TRIBES $27,344,154 TRIBE TOTAL $117,613,403 p. 1 Contractor Type Prime Contractor 2016 INTERSTATE COMPACT PACIFIC STATES MARINE FISHERIES COMMISSION (PSMFC) $13,908,920 UNIVERSITY UNIVERSITIES $3,036,343 OTHER PRIVATE/NON-PROFIT/OTHER $25,183,985 American Indian Science and Engineering 7,944 Clackamas River Basin Council 84,294 Columbia Land Trust 1,802,730 Columbia River Estuary Study Taskforce (CREST) 2,718,296 Friends of Buford Park 20,807 Grande Ronde Model Watershed Foundation 862,568 Greenbelt Land Trust 156,488 Lake Roosevelt Development Association 187,210 Lake Roosevelt Forum 19,140 Long Tom Watershed Council 298,688 Lower Columbia Estuary Partnership 3,664,902 Luckiamute Watershed Council 18,987 Methow Salmon Recovery Foundation 538,037 Northwest Power and Conservation Council 629,204 Tri-State Steelheaders 70,124 Trout Unlimited (TU) 1,109,499 Upper Columbia Salmon Recovery Board 320,895 Wallowa Resources 6,651 Washington Resource Conservation and Development 861,628 Willamette Riverkeeper 84,374 Bioanalysts, Inc. 1,141,618 Cardno Inc 38,625 Cramer Fish Sciences 202,302 Cultural Resource Consultants Inc -3,055 Eco Logical Research 1,876,952 Falling Springs, LLC 503,566 HDR Engineering, Inc. 256,855 ICF Jones & Stokes Inc 6,156 Intermountain Communications 148,412 Jones and Stokes Associates 174,925 Luis A Prado 954 Mackay Sposito 1,363 McMillen Jacobs Associates 449,630 Natural Systems Design 462,646 Pacific Habitat Services Inc 22,895 PBS Engineering and Environmental 9,280 PC Trask and Associates 308,130 Pyramid Communications Inc 18,726 Quantitative Consultants Inc 1,709,060 Sitka Technology Group 1,151,684 South Fork Research, Inc. 754,014 Terraqua, Inc. 2,167,509 Tetra Tech, Inc. 286,372 Synergy Consulting Inc 32,901 LOCAL/SEMI GOVERNMENT $7,743,399 Chelan County 155,910 p. 2 Contractor Type Prime Contractor 2016 City of Yakima -7,712 Clatsop County Fisheries 477,313 Gardena Farms Irrigation District #13 96,063 Hudson Bay District Improvement Company 56,680 Walla Walla Basin Watershed Council 1,002,406 Westland Irrigation District 512,811 Asotin County Conservation District 488,912 Benton Soil and Water Conservation District 7,441 Cascadia Conservation District 40,174 Columbia Conservation District (SWCD) 848,030 Custer Soil and Water Conservation District (SWCD) 830,799 Gilliam County Soil and Water Conservation District (SWCD) 78,377 Jefferson County Soil and Water Conservation District (SWCD) 158,488 Kittitas County Conservation District 20,095 Latah Soil and Water Conservation District (SWCD) 883,471 Nez Perce Soil and Water Conservation District (SWCD) 260,606 Sherman Soil and Water Conservation District (SWCD) -40,388 Underwood Conservation District (UCD) 51,421 Union County Soil and Water Conservation District (SWCD) 1,574,072 Walla Walla County Conservation District (SWCD) 6,641 Wasco County Soil and Water Conservation District (SWCD) 162,196 Wheeler County Soil and Water Conservation District (SWCD) 79,591 LAND ACQUISITIONS2