A04_SOW_0001.pdf

STATEMENT OF WORK

Consulting Services for the 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 recommended updates to regulations, policies, and procedures, that improve BIA programs for proactive implementation of renewable energy on Indian land. Additional outcomes may include, but are not limited to, Tribal engagement on the Federal Government’s role for renewable energy development on Indian land and multi-agency coordination through technical and executive work groups

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:

Statues:

o Indian Tribal Energy and Self Determination Act, 25 U.S.C. §§ 3501-3507 o Indian Long-Term Leasing Act, 25 U.S.C. § 415 o HEARTH Act, 25 U.S.C. § 415(h) o General Right-of-Way Act, 25 U.S.C. §§ 323-328 o Indian Mineral Leasing Act (IMLA), 25 U.S.C. §§ 396a-396g o Indian Mineral Development Act (IMDA), 25 U.S.C. § 2101-2108 o National Environmental Policy Act (NEPA), 42 U.S.C. § 4332

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

Subpart D – Business Leases

Subpart E – Wind and Solar Leases o Tribal Energy Resource Agreement Regulations, 25 C.F.R. Part 224 o General Right-of-Way Act Regulations, 25 C.F.R. Part 169 o IMLA Regulations, 25 C.F.R. Part 211 o IMDA Regulations, 25 C.F.R. Part 225

Standard Operating Procedures and Handbooks o Onshore Energy and Mineral Lease Management Interagency Standard Operating Procedure o Business Leasing on Indian Lands Handbook, 52 IAM 14-H o Rights of Way on Indian Lands Handbook, 52 IAM 9-H o 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 question: “What should the BIA do to proactively promote Tribal 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 and Industry stakeholder 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, including but 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 the 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 engagement activities (Task Area 3 and 4), 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.

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 4) and Draft Final Comprehensive Report (Task Area 5). The workshop will convene all TWG members to review results, recommendations, next steps, and other activities necessary to close out the project.

Task Area 1 Deliverables Scheduled workshops and virtual meetings Meeting agenda, minutes, and summary report for each TWG meeting and workshop.

Task Area 2 – Literature Review The Contractor will conduct literature review of the current framework of federal laws, regulations, and programs pertaining to energy development on Indian land. Work should include collection and review of other relevant information as available, such as recent consultation comments or 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. Topics considered should include, but is not limited to:

The full scope of energy resources and applications, including, but not limited to: solar, wind, hydro, geothermal, biofuel, microgrids, energy storage, hydrogen, conventional energy, 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, summarizing findings and recommendations for engagement discussion topics. Report to be made available to all stakeholders and workgroups prior to commencement of engagement activities.

Task Area 3 – Tribal Engagement The Contractor will plan and facilitate tribal engagement meetings to garner input regarding topics identified from the Literature Review and TWG planning workshop. Engagement activities should ensure for broad geographical representation of Tribal entities and include both Federal Recognized Tribal Entities and Individual Indian landowners. This task area should also account for necessary outreach and communication to promote planned engagement sessions. A final engagement plan and schedule must be finalized, with BIA approval, no later than 60 days following commencement of contract. To ensure broad participation and input, the Contractor’s tribal engagement approach should include, but is not limited to the following minimum requirements:

3.1 Hybrid Workshops

Plan and facilitate 3-4 hybrid (combined in-person and virtual) engagement workshops at different regional locations. Regional locations should be planned to ensure geographical diversity. The BIA Office of Trust Services will manage meeting room reservations at each regional location. The Contractor will need to coordinate with BIA for ensuring provision of necessary equipment and technical support for the hybrid setting.

3.2 Virtual Workshop

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.

3.3 Written Comment Platform

Plan and facilitate a mechanism for receiving written comments from Tribal stakeholders on engagement topics. (Industry stakeholders may be allowed to provide written comments through this platform as well)

Task Area 3 Deliverables Tribal engagement plan and schedule Outreach and promotion of planned engagement sessions Hybrid Tribal engagement workshops Virtual Tribal engagement workshop Written comment platform Meeting agenda, minutes, and summary report for each tribal engagement session.

Task Area 4 – Industry Engagement The Contractor will plan and facilitate industry engagement meetings to garner industry stakeholder input regarding topics identified from the Literature Review and TWG planning workshop. This task area should also account for necessary outreach and communication to promote planned engagement sessions. A final engagement plan and schedule must be finalized, with BIA approval, no later than 60 days following commencement of contract. To ensure appropriate participation and input, the Contractor’s industry engagement approach should include, but is not limited to:

4.1 Virtual Workshops

Plan and facilitate no less than 2 virtual engagement workshops with industry stakeholders. Efforts should ensure receipt of no less than 20 responses from industry stakeholders.

Task Area 4 Deliverables Industry engagement plan and schedule Outreach and promotion of planned engagement sessions Virtual Tribal engagement workshop Meeting agenda, minutes, and summary report for each industry engagement session.

Task Area 5 – 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 review on the adequacy of existing statutes, regulations, policies, and programs for BIA’s role with renewable energy development on Indian land. Final recommendations should be outlined and include draft language for identified updates to regulations, policies, procedures, etc. The report should also provide expected impacts of recommendations, cost-benefit analysis, and a roadmap for final implementation.

Task Area 5 Deliverables Written final comprehensive report and recommendations, due no later than October 30, 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 November 30, 2023*

*Subject to change, based on the actual award date

SCHEDULE OF DELIVERABLES

Deliverable Due Date

TWG Kick-off Meeting 10 days following commencement of contract

Literature Review report 30 days after commencement of contract

TWG Planning Workshop 45 days after commencement of contract

TWG Virtual Progress meetings TBD, no less than bi-monthly

TWG agendas 2 days prior to workshop/meeting date

TWG meeting minutes and summary report 5 days following workshop/meeting date

Engagement Plan and Schedule (Tribal and Industry)

60 days after commencement of contract

Engagement outreach and promotion To be defined in Engagement Plan

Tribal engagement sessions (Hybrid, Virtual, Written)

To be defined in Engagement Plan

Industry engagement sessions To be defined in Engagement Plan

Engagement session meeting minutes and summary report

5 days following workshop/meeting date

Comprehensive Recommendations Report October 30, 2023

TWG Close-out Workshop 10 days following Comprehensive Report