Use of Contingency Funding for the Great American Outdoors Act, National Parks and Public Lands Legacy Restoration Fund Projects
The purpose of this Instruction Memorandum (IM) is to ensure contingency funds are allocated and used effectively, consistent with Departmental policy, to complete Great American Outdoors Act (GAOA), National Parks and Public Lands Legacy Restoration Fund (LRF) projects.
Mission.
The GAOA LRF Contingency Fund is used to provide additional funding for BLM GAOA LRF projects and to ensure the BLM can address fluctuations in construction costs due to the ongoing volatility in the construction market. Contingency funding for LRF projects is held in reserve and not allocated to specific projects until it is needed. Congressional approval is required for contingency requests exceeding 10 percent of the original project allocations. This IM is step down policy to the GAOA Program Management Office’s Memorandum, “Fiscal Year 2024 Quarterly Reporting and Contingency Fund guidance for GAOA LRF Projects,” (Attachment 1).
BLM is experiencing elevated construction costs due to increases in material and fuel prices, wages, and competition; therefore, the BLM’s contingency funding needs have increased and are forecasted to outpace contingency funds available. To maximize the number of projects that can be completed, contingency allocations must be strategically approached. Therefore, all requests for contingency allocations will be approved on a case-by-case basis utilizing the following criteria:
- Amounts requested must be intended to complete the full scope of the project or contract modification.
- All project funding must be allocated to the project, i.e. there should be no additional funding for the project programmed for out-years.
- Contingency requests for subprojects will only be considered if all other subprojects are fully funded and nearing substantial completion.
- Value Engineering (VE) must be complete and implemented in the design, if required.
- Cost estimate must be at 100% design and approved/reviewed by the appropriate Headquarter/National Operations Center Subject Matter Expert (SME) or based on the solicitation bid.
- Prior to a contingency request, the project must be evaluated to determine if a reduction in scope is feasible. If so, consult with the Branch of Engineering and Asset Management (HQ-754) on recasting the project (annual opportunity to change the scope or budget of a GAOA project).
- Project must be considered a GAOA high priority, i.e. contingent upon number of major impacts project contributes to GAOA criteria.
- The State/Center’s weighted obligation rate for all GAOA projects must be equal to or greater than 54%. This is based on the current median value of all state obligation rates as of December 31, 2024. Obligation rates will be re-calculated at the end of each fiscal quarter and provided to State Engineers by mid-month in October, January, April, and July. Reference Attachment 2 for your state’s Weighted GAOA Obligation Rates for Quarter 1 Fiscal Year 2025.
As part of the evaluation and recommendation for approval, HQ-754 will also evaluate the impacts to the overall contingency reserve. HQ-754 may request that another GAOA LRF project in your state or another state, be descoped or removed to assist in funding the requested amount.
States/Centers should request contingency funding reallocations from HQ-754 before any costs are incurred that would exceed project amounts allotted. Contingency fund requests are not to be used for changing project scope, terminating a project, adding a project, making project–to-project changes, or reallocating funding from a project to its contingency fund.
To request contingency funds, complete the Contingency Fund Allocation Request Form, Attachment 3, and email the completed form to the GAOA LRF Program Lead. Forms may be submitted at any time.
Effective Immediately.
None.
The GAOA Program Management Office established Contingency Fund guidance for GAOA LRF projects through Memorandum, “Fiscal Year 2024 Quarterly Reporting and Contingency Fund guidance for GAOA LRF Projects.” This policy stipulates, in part, “[S]ection 430(c) of Division E of the Consolidated Appropriations Act, 2024 outlines requirements for reallocating Bureau Contingency Funds to projects:
c. The Secretary of the Interior and the Secretary of Agriculture may reallocate amounts from each agency’s ‘‘Contingency Fund’’ [...] to any project funded by the National Parks and Public Land Legacy Restoration Fund within the same agency, from any fiscal year, that experienced a funding deficiency due to unforeseen cost overruns, in accordance with the following requirements:
- "Contingency Fund’’ amounts may only be reallocated if there is a risk to project completion resulting from unforeseen cost overruns;
- ‘‘Contingency Fund’’ amounts may only be reallocated for cost of adjustments and changes within the original scope of effort for projects funded by the National Parks and Public Land Legacy Restoration Fund; and
- The Secretary of the Interior or the Secretary of Agriculture must provide written notification to the Committees on Appropriations 30 days before taking any actions authorized by this subsection if the amount reallocated from the ‘‘Contingency Fund’’ line for a project is projected to be 10 percent or greater than the following, as applicable:
(A) The amount allocated to that project in the table titled ‘‘Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act); or
(B) The initial estimate in the most recent report submitted, prior to enactment of this Act, to the Committees on Appropriations pursuant to section 431(e) of division G of the Consolidated Appropriations Act, 2023 (Public Law 117–328).”
The Bureau is responsible for reviewing and validating contingency fund balances and ensuring they are sufficient to mitigate risks posed by the current construction market. This includes managing and maintaining these balances in amounts necessary to mitigate risks posed by the current construction market and enough to complete the full scope of FY 2021-FY 2025 projects.
None
If you have questions regarding this IM, please contact Geoff McManus, Acting GAOA LRF Program Lead, at (720) 594-8098 or [email protected]
Branch of Engineering and Asset Management (HQ-754), the Engineering Advisory Team (EAT), and State GAOA LRF Coordinators.