A04_SOW_(REVISED)_0002.docx

STATEMENT OF WORK

Support Services for Renewable Energy Accelerated Deployment for Indian Country (READI)

BACKGROUND

The United States has made unprecedented funding opportunities and policy changes to incentivize expanded clean energy development nationwide, including on Indian Lands. This means there will be an influx of needs for support of Tribal clean energy goals. However, the Bureau of Indian Affairs (BIA) does not have updated and clear regulations to ensure that renewable energy projects can be developed on Indian Lands. The Renewable Energy Accelerated Deployment Initiative (READI) for Indian Country is being implemented to develop a proactive process within the Bureau that supports Tribes and Individual Indian owners by increasing the pace of renewable energy development on Indian lands.

BIA has been actively serving tribes developing conventional energy since 1934 to support local tribal economies. However, while oil and gas regulations and procedures are very well defined, the same level of detail does not exist for renewable energy resources. READI must analyze in depth the current limitations and barriers of renewable energy regulations on Indian Lands, as well as feedback from Tribal engagement to improve the BIA’s ability to serve Tribes developing renewable energy.

Under President Biden's Executive Order 14008, Section 207, the Secretary of the Interior engaged with Tribal authorities regarding the development and management of renewable and conventional energy resources on Tribal lands. Tribes were able to submit written comments as well as participate in two phone consultations in April 2021. Tribes who responded had many comments and suggestions. One suggestion being better multi-agency collaboration and coordination to provide services, access, and permits to renewable energy projects on Indian Lands. Additionally, tribes wanted the government to develop clear frameworks and technical support for the renewable energy development processes on Tribal lands.

This proposed READI for Indian Country will assess current federal programs, regulations, and guidance documents, garner input from Tribes and Tribal renewable energy stakeholders, and develop recommendations for improvements. The primary outcome will be Tribal engagement on the Federal Government’s role for renewable energy development on Indian land. Additional outcomes may include, but are not limited to, multi-agency coordination and recommended updates to regulations, policies, and procedures, that improve BIA programs for proactive implementation of renewable energy on Indian land.

READI is sponsored by the BIA Office of Trust Services (OTS) through the Indian Energy Service Center (IESC) and Division of Energy and Mineral Development (DEMD).

· The mission of the Office of Trust Services (OTS) is to protect, develop, manage, and enhance Indian trust resources for the benefit of American Indian and Alaska Native peoples and expand economic opportunities through effective trust management that recognizes and supports Tribes' self-governance and self-determination.

· The mission of the IESC is to fulfill the Department of the Interior’s (DOI) Indian trust responsibility in the energy and mineral development arena. This includes modernizing business processes to efficiently develop the Indian energy and mineral estate while protecting trust assets by removing barriers to energy (renewable and conventional) and mineral development on Indian lands.

· The mission of the DEMD is to provide the best possible technical and economic advice and services in assisting Indian mineral and landowners with the environmentally sound development of their energy and mineral resources.

Relevant statutes, regulations, and procedures will include, but are not limited to:

· Statutes:

· Indian Tribal Energy and Self Determination Act, 25 U.S.C. §§ 3501-3507

· Indian Long-Term Leasing Act, 25 U.S.C. § 415

· HEARTH Act, 25 U.S.C. § 415(h)

· General Right-of-Way Act, 25 U.S.C. §§ 323-328

· Indian Mineral Leasing Act (IMLA), 25 U.S.C. §§ 396a-396g

· Indian Mineral Development Act (IMDA), 25 U.S.C. § 2101-2108

· National Environmental Policy Act (NEPA), 42 U.S.C. § 4332

· Regulations

· Indian Long-Term Leasing Act Regulations, 25 C.F.R. Part 162

· Subpart D – Business Leases

· Subpart E – Wind and Solar Leases

· Tribal Energy Resource Agreement Regulations, 25 C.F.R. Part 224

· General Right-of-Way Act Regulations, 25 C.F.R. Part 169

· IMLA Regulations, 25 C.F.R. Part 211

· IMDA Regulations, 25 C.F.R. Part 225

· Standard Operating Procedures and Handbooks

· Onshore Energy and Mineral Lease Management Interagency Standard Operating Procedure

· Business Leasing on Indian Lands Handbook, 52 IAM 14-H

· Rights of Way on Indian Lands Handbook, 52 IAM 9-H

· Fluid Mineral Estate Procedural Handbook, 52 IAM X-H

SCOPE OF WORK

In support of READI for Indian Country, BIA OTS is seeking a professional services contract for technical support to perform analysis and stakeholder engagement to answer the questions:

· What are Tribes’ needs from the BIA to proactively promote Tribal renewable energy development?

· What should the BIA do to address Tribal needs for renewable energy development?

The work scope includes, but is not limited to, reviewing current federal level regulations, policies, and procedures for renewable energy development; facilitating technical workgroup sessions; planning and facilitating Tribal engagement; and developing a comprehensive final report of stakeholder input and recommendations.

Task Area 1 – Ongoing Technical Work Group Coordination and Management The Technical Work Group (TWG) will consist of representatives from BIA OTS and staff from other key federal agencies with a role in renewable energy development on Indian land. Many additional Federal Agencies have a role with energy development on Indian land, including, but not limited to the Department of Energy (DOE), Department of Transportation (DOT), and Department of Agriculture (USDA). The primary focus of READI is to improve BIA programs, regulations, and procedures, however other federal agencies may need to be considered regarding related programs, coordination, and overlap. The BIA project team will work to establish TWG membership. The Contractor will provide on-going facilitation, coordination, and management activities of the TWG throughout the life of the project.

It is understood that private industry entities may have a role in Tribal renewable energy development, such as a developer entering into a land lease agreement with a Tribe. Therefore, it is important to also garner input from industry regarding their perspectives. Direct industry engagement will be excluded from the Contractor’s responsibilities within the scope of this project, however, to address this need, BIA OTS will independently conduct industry outreach activities. Through TWG meetings and workshops, BIA will provide summary information on outcomes of industry engagement, as available. TWG members will also be welcome to share in this regard as well.

The Contractor’s work scope for TWG coordination and management includes, but is not limited to:

1.1 TWG Virtual Kick-off Meeting

No later than 10 days following commencement of the contract, a virtual kick off meeting will be held with the technical workgroup to review, and refine as needed, the objectives, scope and schedule of the project.

1.2 TWG Planning Workshop

The planning workshop is to be held at BIA OTS offices in Lakewood, CO no later than 45 days following commencement of the contract. The workshop will convene all TWG members to review results from the Literature Review (Task Area 2), plan Tribal engagement activities (Task Area 3), and other activities necessary to kick-off the project.

1.3 TWG Virtual Progress Meetings

Virtual progress meetings will be held with all TWG members periodically throughout the life of the project. Frequency may vary based on communication needs for the project but should be no less than once every two months. Progress meetings should allow for TWG input and recommendations regarding outcomes of Tribal engagement workshops.

1.4 TWG Close-out Workshop

The close out workshop is to be held at the BIA OTS offices in Lakewood, CO following completion of engagement activities (Task Area 3) and Draft Final Comprehensive Report (Task Area 4.1). The workshop will convene all TWG members to review results, develop consensus on final recommendations, next steps, and other activities necessary to close out the project.

Task Area 1 Deliverables

· Scheduled workshops and virtual meetings

· Meeting agendas

· Meeting minutes

· Summary meeting reports documenting attendees, accomplishments, and next steps

Task Area 2 – Literature Review The Contractor will conduct literature review of the current framework of federal laws, regulations, and programs pertaining to renewable and distributed energy development on Indian land. Work should include collection and review of other publicly available information, such as independent research studies. The intent of the literature review is to establish a baseline of current conditions to inform engagement topics and priorities for the project. The final literature review report is to be made publicly available through the BIA’s website and shared with stakeholders prior to commencement of engagement activities. Topics considered should include, but is not limited to:

· The full scope of renewable and distributed energy resources and applications, including, but not limited to solar, wind, hydro, geothermal, biofuel, microgrids, energy storage, hydrogen, and supporting infrastructure.

· The full life cycle of development activities, including, but not limited to planning, permitting, financing, development agreements, construction, operation and maintenance, and reclamation.

Task Area 2 Deliverables

· Written Literature Review report, due no later than 30 days following commencement of the contract.

Task Area 3 – Tribal Engagement In partnership with the TWG, the Contractor will plan and facilitate tribal engagement activities to garner input from Tribes on their needs from the BIA to proactively promote Tribal renewable energy development. Work scope includes but is not limited to:

3.1 Tribal Engagement Plan and Schedule

A Tribal engagement plan and schedule must be finalized and approved by the BIA no later than 60 days following commencement of contract. The plan should provide a finalized approach for the hybrid workshops (Task Area 3.3), virtual workshops (Task Area 3.4), and written comment platform (Task Area 3.5), and include an engagement topic agenda, the number and type of meetings to be held, meeting locations, dates, and target audience. Necessary outreach and communication to promote planned engagement sessions should also be accounted for in the plan. The TWG Planning Workshop (Task Area 1.2) should be used to garner TWG input on plan development. The approach should ensure broad participation of Tribal entities that is representative of the unique characteristics that exist across Indian Country. Individual Indian Owners may also be included. The Contractor will implement activities in the plan only after receiving notice to proceed from the BIA. The BIA will issue notice to proceed or otherwise respond within a reasonable timeframe that does not delay project implementation.

3.2 Outreach and Promotion

Following the approach approved in Task area 3.1, the Contractor will plan and conduct outreach and promotion activities, in partnership with the BIA and TWG as needed.

The BIA Office of Trust Services (OTS) will be responsible for implementing Dear Tribal Leader Letter (DTLL) protocols.

3.3 Hybrid Workshops

Following the approach approved in Task Area 3.1, the Contractor will plan and facilitate 3-6 hybrid (combined in-person and virtual) engagement workshops at different BIA Regional Offices. Regional locations should be planned to ensure geographical diversity and ease of access from respective target audiences. The BIA OTS will coordinate with BIA Regional Offices to manage meeting room reservations at selected regional locations. Availability of hybrid meeting equipment will vary based on BIA regional location. The Contractor will be responsible for coordination with the BIA, and, when needed, for provision of necessary equipment and technical support for the hybrid setting.

3.4 Virtual Workshop

Following the approach approved in Task Area 3.1, the Contractor will plan and facilitate no less than one, 100% virtual tribal engagement workshop to allow for additional participation from tribes unable to attend a hybrid workshop.

3.5 Written Comment Platform

Following the approach approved in Task Area 3.1, the Contractor will plan and facilitate a mechanism for receiving written comments from Tribal stakeholders on engagement topics.

Task Area 3 Deliverables

· BIA approved Tribal engagement plan and schedule

· Outreach and promotion of planned engagement sessions

· Hybrid Tribal engagement workshops

· Virtual Tribal engagement workshop

· Written comment platform

· Engagement meeting agendas

· Engagement meeting minutes

· Summary meeting reports documenting attendees and accomplishments.

Task Area 4 – Comprehensive Report and Recommendations Based on input garnered from all workgroup sessions and engagement activities, the Contractor will prepare a comprehensive report that provides for detailed compilation of recommendations garnered for better defining the BIA’s role with renewable energy development on Indian land.

4.1 Draft Comprehensive Recommendations Report

Prepare a draft report that compiles all input received from Tribal engagement and TWG meeting. The report will be made available to TWG members prior to the TWG close-out meeting for review and comment. The report should be structured to include, but is not limited to:

· A tabular compilation of all recommendations received, categorized by

· Tribal entity

· Geographical region

· Resource type

· Recommendation type (such as funding resources, technical assistance, regulatory updates, intergovernmental coordination, etc.

· Analysis of expected impacts of recommendations, including cost-benefit analysis.

4.2 Final Comprehensive Recommendations Report

Prepare a final report that incorporates feedback from the BIA and TWG, along with outcomes of the TWG Close-out Workshop (Task Area 1.4). In addition to details outlined in the draft report, the final product should include, but is not limited to final TWG consensus recommendations, roadmap for implementation, and a publicly available executive summary of overall outcomes of the project. The executive summary will be made available on BIA’s website at conclusion of the project.

Task Area 4 Deliverables

· Draft comprehensive report and recommendations, due no later than September 30, 2023

· Final comprehensive report and recommendations, due no later than October 30, 2023

PROGRESS REPORTS

Progress reporting will coincide with TWG Virtual Progress meetings. Frequency may vary based on communication needs for the project but should be no less than once every two months.

PERIOD OF PERFORMANCE

From date of award through October 30, 2023* *Subject to change, based on the actual award date

SCHEDULE OF DELIVERABLES

All deliverables must be reviewed and approved by the BIA prior to being accepted final. Any comments provided by the BIA during agency review of deliverables must be addressed in final products before approval will be granted.