FOA - TCU Planning for Clean Energy Transition-2025 (FOA-3403) 09-11-2024 Final.pdf

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This document is a Funding Opportunity Announcement (FOA) from the Department of Energy (DOE) Office of Indian Energy Policy and Programs soliciting applications from Tribal Colleges and Universities (TCUs) for planning to transition their campuses to clean energy.

The FOA provides details on the eligible planning activities, which may include strategic energy planning, energy options analysis, energy audits, developing an energy organization or office, climate resiliency planning, establishing energy policy/regulations/codes, and obtaining skills/training related to energy use and management. Applicants may propose a single eligible activity, multiple activities, or all activities, with the total DOE funding request not exceeding $350,000 per award. No recipient cost share is required. DOE expects to make approximately $5 million available for 15-35 new awards with project periods of 2-3 years. The FOA is funded under the DOE's Renewable Energy Research and Development program, CFDA 81.087. Applications are due December 18, 2024 and DOE anticipates making award selections in Spring 2025.

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DEPARTMENT OF ENERGY (DOE)

OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS

TRIBAL COLLEGES AND UNIVERSITIES PLANNING FOR CLEAN ENERGY

TRANSITION - 2025

Funding Opportunity Announcement (FOA) Number: DE-FOA-0003403

FOA Type: Initial Assistance Listing Number: 81.087

FOA Issue Date: September 26, 2024

Informational Webinar: October 17, 2024 at 3:00 pm Eastern Time

Submission Deadline for Applications: December 18, 2024 at 5:00 pm Eastern Time

Expected Date for DOE Selection Notifications:

Spring 2025

Expected Timeframe for Award Negotiations

90 days after receipt of any requested supplemental information

• To apply to this FOA, applicants must register with and submit application materials through IE-Exchange at https://ie-exchange.energy.gov, the DOE Office of Indian Energy Policy and Programs (Office of Indian Energy’s) online application portal.

• Applicants must designate primary and backup points-of-contact in IE-Exchange with whom DOE will communicate to conduct award negotiations. If an application is selected for award negotiations, it is not a commitment to issue an award. It is imperative that the applicant/selectee be responsive during award negotiations and meet negotiation deadlines. Failure to do so may result in cancelation of further award negotiations and rescission of the selection.

• In order to apply to this FOA, you must register in the systems identified under Registration Requirements (Section VI.B.1.), including obtaining a Unique Entity https://ie-exchange.energy.gov/

Questions about this FOA? Email: TribalGrants@hq.doe.gov.

Problems with IE-Exchange? Email: ExchangeHelp@hq.doe.gov.

Include FOA name and number in subject line.

Identifier (UEI) and registering in or maintaining an active account in the System for Award Management (SAM), prior to submitting an application and certify that these registrations are complete as part of the application (see Application Registration Certifications under Section IV.C.13.).

• Unique Entity Identifier (UEI) and System for Award Management (SAM):

Each applicant (unless the applicant is excepted from those requirements under 2 CFR 25.110) is required to:

(1) register in the SAM at https://www.sam.gov before submitting an application;

(2) provide a valid UEI number in the application; and

(3) maintain an active SAM registration with current information when the applicant has an active federal award or an application or plan under consideration by a federal awarding agency.

DOE may not make a federal award to an applicant until the applicant has complied with all applicable UEI and SAM requirements and, if an applicant has not fully complied with the requirements by the time DOE is ready to make a federal award, DOE will determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant.

NOTE: Due to the high number of UEI requests and SAM registrations, entity legal business name and address validations are taking longer than expected to process.

Entities should start the UEI and SAM registration process as soon as possible. If entities have technical difficulties with the UEI validation or SAM registration process they should use the HELP feature on SAM.gov. SAM.gov will address service tickets in the order in which they are received and asks that entities not create multiple service tickets for the same request or technical issue. Additional entity validation resources can be found here: GSAFSD Tier 0 Knowledge Base - Validating your Entity.

• Questions: Questions regarding the content of this FOA must be submitted to:

TribalGrants@hq.doe.gov no later than three (3) business days prior to the application due date. All questions and answers related to this FOA will be posted on IE-Exchange at: https://ie-exchange.energy.gov. In order to view questions specific to this FOA you must first select this specific FOA Number and then “Frequently Asked Questions (FAQs)”. DOE will attempt to respond to a question within three (3) business days, unless a similar question and answer has already been posted on IE-Exchange.

mailto:TribalGrants@hq.doe.gov mailto:ExchangeHelp@hq.doe.gov https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25/subpart-A/section-25.110 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25/subpart-A/section-25.110 https://www.sam.gov/ https://sam.gov/content/help https://sam.gov/content/home https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0058422&sys_kb_id=1b5f22581b2115102fe5ed7ae54bcb4e&spa=1

Table of Contents

EXECUTIVE SUMMARY

DOE OFFICE OF INDIAN ENERGY REQUIREMENTS

I. FUNDING OPPORTUNITY DESCRIPTION

A. DESCRIPTION

B. TOPIC AREA

1. Topic Area: Clean Energy Project Planning

a. Strategic Energy Plan

b. Energy Options Analysis

c. Energy Audits

d. Energy Organization or Office Development

e. Climate Resiliency Planning

f. Energy Policy, Regulations or Code Development

g. Skills and Training

C. APPLICATIONS SPECIFICALLY NOT OF INTEREST

D. AUTHORIZING STATUTES

II. AWARD INFORMATION

A. AWARD OVERVIEW

1. Estimated Funding

2. Period of Performance

3. New Applications Only

B. DOE FUNDING AGREEMENTS

III. ELIGIBILITY INFORMATION

A. ELIGIBLE APPLICANTS

B. COST SHARING

1. Cost Share Legal Responsibility

2. Cost Share Types and Allowability

3. Cost Share Contributions by FFRDCs

4. Cost Share Verification

5. Cost Share Payment

C. COMPLIANCE CRITERIA

D. RESPONSIVENESS CRITERIA

E. LIMITATION ON NUMBER OF APPLICATIONS ELIGIBLE FOR REVIEW

F. QUESTIONS REGARDING ELIGIBILITY

IV. APPLICATION AND SUBMISSION INFORMATION

A. APPLICATION FORMAT AND SUBMISSION REQUIREMENTS

B. APPLICATION FORMS AND TEMPLATES

C. CONTENT AND FORM OF THE APPLICATION

1. Application for Federal Assistance SF-424

2. Summary Slide

3. Technical Volume

4. Workplan

5. Eligibility Statements and Evidence File

6. Applicant Commitment File

7. Participant Letters of Commitment File

8. Resumes File

9. Budget Justification Workbook Form (IE 540.132-01)

10. Subrecipient Budget Justification Workbook Form (IE 540.132-01)

11. Budget Support File

12. Applicant Registration Certifications

13. SF-LLL: Disclosure of Lobbying Activities

14. Locations of Work File

15. Potentially Duplicative Funding Notice (PDFN) File

16. Supplemental Information File

D. POST-SELECTION INFORMATION REQUESTS

E. UNIQUE ENTITY IDENTIFIER (UEI) AND SYSTEM FOR AWARD MANAGEMENT (SAM)

F. SUBMISSION DATES AND TIMES

G. INTERGOVERNMENTAL REVIEW

H. FUNDING RESTRICTIONS

1. Allowable Costs

2. Pre-Award Costs

3. Pre-Award Costs Related to National Environmental Policy Act (NEPA) Requirements

4. Performance of Work in the United States and Waivers (Foreign Work Waiver)

6. Foreign Travel

7. Construction

8. Equipment and Supplies

9. Buy America Requirements for Infrastructure Projects

10. Lobbying

11. Risk Assessment

12. Invoice Review and DOE Reimbursement

13. Prohibition Related to Foreign Government-Sponsored Talent Recruitment Programs

14. Affirmative Action and Pay Transparency Requirements

V. APPLICATION REVIEW INFORMATION

A. TECHNICAL REVIEW CRITERIA

B. STANDARDS FOR APPLICATION EVALUATION

C. PROGRAM POLICY FACTORS

D. EVALUATION AND SELECTION PROCESS

1. Overview

2. Pre-Selection Clarification

3. Recipient Responsibility and Qualifications

4. Selection

E. ANTICIPATED NOTICE OF SELECTION AND AWARD DATES

F. GOVERNMENT RIGHT TO REJECT OR NEGOTIATE

G. COMMITMENT OF PUBLIC FUNDS

H. REQUIREMENT FOR FULL AND COMPLETE DISCLOSURE

I. EVALUATION AND ADMINISTRATION BY NON-FEDERAL PERSONNEL

J. NOTICE OF RIGHT TO CONDUCT A REVIEW OF FINANCIAL CAPABILITY

K. TREATMENT OF APPLICATION INFORMATION

L. RETENTION OF SUBMISSIONS

VI. AWARD ADMINISTRATION INFORMATION

A. AWARD NOTICES

1. Ineligible applications

2. Application Notifications

3. Successful Applicants

4. Postponed Selection Determinations

5. Alternate Selection Determinations

6. Unsuccessful Applicants

B. ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS

1. Registration Requirements

a. IE-Exchange

b. Obtain a Unique Entity Identifier (UEI) number

c. System for Award Management (SAM)

d. FedConnect

e. Grants.gov

f. Electronic Authorization of Applications and Award Documents

2. Award Administrative Requirements

3. Foreign National Participation

4. Subaward and Executive Reporting under the Federal Funding and Transparency Act (FFATA)

5. National Policy Requirements

6. National Environmental Policy Act (NEPA) Review

7. Flood Resilience

8. Applicant Representations and Certifications

a. Lobbying Restrictions

b. Corporate Felony Conviction and Federal Tax Liability Representations (March 2014)

c. Nondisclosure and Confidentiality Agreements Representations

9. Statement of Federal Stewardship

10. Intellectual Property Provisions

11. Reporting

12. Conference Spending

13. Uniform Commercial Code (UCC) Financing Statements

14. Implementation of Executive Order 13798, Promoting Free Speech and Religious Liberty

15. Fraud, Waste and Abuse

17. Rights in Technical Data

18. Copyright

19. Notice of Potential Disclosure Under Freedom of Information Act (FOIA)

20. Protected Personally Identifiable Information

21. Annual Independent Audits

22. Procurement Standards and Competitive Selection of Subrecipients and Vendors

23. Approval of Non-competitively Selected Subrecipients and Vendors

24. Real Property and Equipment

25. Implementation of Executive Order 13798, Promoting Free Speech and Religious Liberty

VII. QUESTIONS/AGENCY CONTACTS

VII. OTHER INFORMATION

A. FOA MODIFICATIONS

B. INFORMATIONAL WEBINAR

APPENDIX A – DEFINITIONS

APPENDIX B – COST SHARE INFORMATION

APPENDIX C – REQUIRED USE OF AMERICAN IRON, STEEL, MANUFACTURED PRODUCTS, AND

CONSTRUCTION MATERIALS

APPENDIX D – LIST OF ACRONYMS

List of Tables

Table 1: Funding Opportunity Overview Table 2: Required Application Documents

[1]

EXECUTIVE SUMMARY

The following Funding Opportunity Overview (Table 1) provides a general description of this Funding Opportunity Announcement’s (FOA’s) intent and requirements. It does not reflect all evaluation factors and requirements for the FOA and cannot be relied upon as all inclusive.

Applicants must read the entire FOA to determine the complete set of requirements and application elements required under this FOA.

Table 1: Funding Opportunity Overview

Funding Opportunity Overview

FOA Summary The DOE Office of Indian Energy is soliciting applications from Tribal Colleges and Universities (TCUs) for planning to transition their campuses to clean energy. (See Section III.A. for eligibility information and Appendix A for relevant definitions).

Total Amount to be Awarded

Approximately $5 million in federal funds. DOE anticipates making approximately 15 to 35 awards under this FOA.

Award Amount (Minimum and Maximum)

DOE funding per individual award under this FOA will range from no less than $100,000 to a maximum of $350,000.

Types of Funding Agreements

Grants

Period of Performance

DOE anticipates making awards with a period of performance of approximately two (2) to three (3) years.

Eligible Applicants

The DOE Office of Indian Energy will only consider applications from Tribal Colleges and Universities (TCUs). See Section III.A., Eligibility Information, and Appendix A for further definition. Applications from a consortium of Tribal Colleges and Universities (Consortium) will be accepted but must be submitted by a single Tribal College or University acting as the Applicant representing the Consortium. See Section III.A. for eligibility requirements and definitions. DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant. All Applicants are required to submit eligibility statements that document and provide evidence of Applicant and land status eligibility to support DOE’s eligibility determination.

Cost Share Requirement

No recipient cost share is required.

[2]

Funding Opportunity Overview

Additional Considerations in the Selection for Funding

In addition to the ability to consider geographic distribution and the optimum use of available DOE funding to achieve programmatic objectives, the Selection Official may, through the application of program policy factors (see Section V.C.), give additional consideration in the selection of applications for funding to: (1) whether the tribal community has high energy costs; (2) whether the tribal community is not connected to the traditional centralized electrical power grid; (3) and/or Applicants who have not previously received a grant from the Office of Indian Energy.

Technical Assistance

Within scope and budget, the DOE Office of Indian Energy may, upon request, provide technical assistance to eligible Applicants who apply under this FOA and whose applications are comprehensively reviewed, but not selected for negotiation.

Submission of Multiple Applications

Applicants may only submit one application to this FOA.

Means of Submission

Applications must be submitted through IE-Exchange at https://ie-exchange.energy.gov, DOE’s online application portal. DOE will not review or consider applications submitted through other means. The IE-Exchange User Guide for Applicants is found at https://ie-exchange.energy.gov/Manuals.aspx.

Application Forms

Required forms and templates are available under ’Application Forms and Templates’ for this FOA on IE-Exchange at https://ie-exchange.energy.gov.

Applicant Notification

DOE will notify all Applicants of its eligibility and selection determinations. The selection notification letter will inform the Applicant if its application was selected for award negotiations, or not. Alternatively, DOE may notify one or more Applicants that a final selection determination on a particular application(s) may be made at a later date, subject to congressional appropriations or other programmatic factors. Written feedback on all eligible applications will also be provided at the time of notification. Ineligible applications will not be reviewed or considered for award negotiations. If determined ineligible, the Contracting Officer will send a notification letter by email to the technical and administrative points of contact designated by the Applicant in IE-Exchange. The notification letter will state the basis upon which the application is ineligible and not considered for further review.

https://ie-exchange.energy.gov/ https://ie-exchange.energy.gov/Manuals.aspx https://ie-exchange.energy.gov/Manuals.aspx

[3]

DOE OFFICE OF INDIAN ENERGY REQUIREMENTS

The requirements below are not all inclusive and cannot exclusively be relied upon as they do not reflect all evaluation factors and requirements for this FOA. Applicants must read the entire FOA to determine the complete set of requirements under this FOA.

• Please read each Topic Area and Subtopic Area carefully for requirements specific to that Topic Area (see Section I.B.).

• Pre-award Costs: Only cost share contributions made during the period of performance of the grant, if awarded, can be considered. Any costs incurred prior to award selection cannot be considered as cost share or for reimbursement by DOE (see Section IV.H.).

• Eligibility Statements and Evidence: To support the DOE Office of Indian Energy’s eligibility determination, all Applicants are required to submit eligibility statements that document and provide evidence of Applicant eligibility as part of their application (see Section IV.C.5.).

• Statements of Commitment: All Applicants are required to submit an Applicant Commitment File, which must include a statement of commitment and cost sharing (if any) on the Applicants letterhead and signed by an authorized representative of the Applicant (see Section IV.C.6.).

Letters of Commitment: All other project participants (except Vendors) must submit letters of commitment and cost sharing (if any) under the Participant Letters of Commitment File (see Section IV.C.7.).

• Letters of Support or Endorsement: Letters of support or endorsement by anyone not participating in the proposed project are not required or desired, and should not be provided as part of the application (see Sections IV.C.6. and Section IV.C.7.).

• Post Award Payment: DOE payments will be made electronically on a reimbursement basis through the Automated Clearing House (ACH) system for electronic funds transfer. Provided the requisite support is submitted, reimbursement of costs will normally be made within seven to ten days; however, reimbursement may take up to 30 days (see Section IV.H.12.).

Reimbursement of actual costs will only include those costs that are reasonable, allowable and allocable to the project as determined in accordance with the applicable cost principles prescribed in FAR Part 31.2 for for-profit entities; and 2 CFR Part 200 Subpart E - Cost mailto:TribalGrants@hq.doe.gov mailto:ExchangeHelp@hq.doe.gov https://www.acquisition.gov/far/part-31#FAR_Subpart_31_2 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E

[4]

Principles for all other non-federal entities. For more on invoice review and approval see Section IV.H.12.

As all sources of cost share (if any) are considered part of total project cost, the cost share dollars will be scrutinized under the same federal regulations as federal funding for the project. For more on cost sharing see Section III.B.

Note: No cost share is required for applications submitted under this FOA. If an Applicant chooses to provide cost share, however, the Applicant Commitment File must include the cost sharing information described under Section IV.C.6.

Documentation for all costs (evidence of expenditures) associated with the project will be required with each and every request for reimbursement from DOE for DOE’s portion of those costs (see Section IV.H.12.).

• Post Award Reporting Requirements: Selected Applicants will be required to document progress in quarterly reports and project outcomes in a comprehensive final report, as well as present at an annual Program Review to be held each fall in Colorado.

For planning purposes, Applicants should plan to attend and present grant activities each year during the period of performance of the grant. Travel costs for this annual review (typically five days in duration plus travel days) must be included, for each year of the grant, in the proposed budget, including the year the initial award is anticipated.

• Cost Share: Every cost share contribution (if any) must be allowable under the applicable federal cost principles, as described in Section III.B. of the FOA.

Note: No cost share is required for applications submitted under this FOA. If an Applicant chooses to provide cost share, however, the Applicant Commitment File must include the cost sharing information described under Section IV.C.6.

Cost share (if any) must be available or accessible at the time of submission of the application, as described below. A written assurance (e.g., commitment) must be provided at the time of application submission (see Section IV.C.6., Applicant Commitment File). The written assurance (e.g., commitment) is a binding guarantee that funds are available or, with respect to the use of equipment, contributed labor hours, or unrecovered indirect costs, accessible.

Cost share commitments cannot be dependent on some future event, such as receiving a grant, obtaining a loan, monetizing tax incentives, or securing an investor. Furthermore, although the cost share requirement applies to the project as a whole (including work performed by members of the Project Team other than the Recipient) the Applicant is mailto:TribalGrants@hq.doe.gov https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E

[5] ultimately and legally responsible for providing the entire amount of cost share required, if an award is made, even if the cost share is being provided by a Subrecipient(s). In addition, if an award is made, cost share will be verified, once invoiced.

[6]

TRIBAL COLLEGES AND UNIVERSITIES PLANNING FOR

CLEAN ENERGY TRANSITION - 2025

I. FUNDING OPPORTUNITY DESCRIPTION

A. DESCRIPTION

The Department of Energy (DOE) Office of Indian Energy Policy and Programs (hereafter referred to as the DOE Office of Indian Energy) assists Indian Tribes1 in addressing barriers to developing their vast energy resources and accelerating the deployment of clean energy technology on Tribal Lands. Specifically, the DOE Office of Indian Energy is charged by Congress under the Indian Tribal Energy Development and Self Determination Act of 2005 (Energy Policy Act of 2005 (EPAct 2005), Title V, § 502, codified at 42 U.S.C. § 7144e and 25 U.S.C. § 3501, et seq.), to “provide, direct, foster, coordinate, and implement energy planning, education, management, conservation, and delivery programs that –

(1) Promote Indian tribal energy development, efficiency, and use;

(2) Reduce or stabilize energy costs;

(3) Enhance and strengthen Indian tribal energy and economic infrastructure relating to natural resource development and electrification; and

(4) Bring electric power and service to Indian land and homes for tribal members located on

Indian lands or acquired, constructed, or improved (in whole or in part) with Federal funds.” 42 U.S.C. § 7144e(b)

For more information on the DOE Office of Indian Energy, see its website.

This FOA builds on efforts by the DOE Office of Indian Energy and the authorities granted to the DOE Office of Indian Energy under EPAct 2005, to accelerate the deployment of clean energy technology on Tribal Lands. In addition to the $75 million committed to tribal energy projects selected in 2023, between 2010 and 2022, the DOE Office of Indian Energy invested over $120 million in more than 210 tribal energy projects implemented across the contiguous 48 states and Alaska. These projects, valued at more than $215 million, are leveraged by over $93 million in Recipient cost share. See the DOE’s Office of Indian Energy website for a map and summaries of these competitively funded projects.

Through this FOA, the DOE Office of Indian Energy will continue its efforts to advance Tribal energy sovereignty and maximize the deployment of clean, reliable, affordable and local energy

1 Terms defined specifically for this FOA are italicized on first use.

mailto:ExchangeHelp@hq.doe.gov https://energy.gov/ https://energy.gov/indianenergy/office-indian-energy-policy-and-programs https://www.gpo.gov/fdsys/pkg/PLAW-109publ58/html/PLAW-109publ58.htm https://www.gpo.gov/fdsys/pkg/PLAW-109publ58/html/PLAW-109publ58.htm https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7144e&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=(title:25%20section:3501%20edition:prelim) https://uscode.house.gov/view.xhtml?req=(title:42%20section:7144e%20edition:prelim) http://energy.gov/indianenergy/office-indian-energy-policy-and-programs http://energy.gov/indianenergy/maps/tribal-energy-projects-map

[7] solutions. In support of these objectives, the DOE Office of Indian Energy intends to provide financial support to Tribal Colleges and Universities (TCUs) to plan the transition of their campuses to clean energy.

Through grants, the DOE Office of Indian Energy intends to provide financial support under the provisions of the Title V of EPAct 2005.

The level of commitment and capabilities of the Applicant and project participants to accomplish the proposed project will be major factors in selecting applications for funding. The application must also demonstrate the organizational and technical readiness and Applicant commitment to the proposed project.

In addition to specific technical evaluation criteria to be identified in the planned FOA, the Selection Official may also have the ability to consider the following program policy factors in making selections under the FOA: geographic distribution; the optimum use of available DOE funding to achieve programmatic objectives; whether the tribal community has high energy costs; whether the tribal community is not connected to the traditional centralized electrical power grid; and/or Applicants who have not previously received a grant from the Office of Indian Energy.

Within scope and budget, the DOE Office of Indian Energy may, upon request, provide technical assistance to eligible Applicants who apply under this FOA and whose applications are comprehensively reviewed, but not selected for negotiation.

B. TOPIC AREA

The FOA is soliciting applications for Tribal Clean Energy Planning.

Projects selected under this FOA are intended to result in specific outcomes (measurable results or end-products) which may include, but are not limited to: a strategic energy plan, energy options analysis; energy audits; climate resiliency plan; development of an energy organization or office; establishment of energy policy, regulations or codes; and skills development and training. Funds under this Topic Area may be used for internal personnel costs (e.g., energy and infrastructure management roles) and for community outreach. See Section I.B.1 for more information.

“Clean Energy” for purposes of this FOA, means (1) energy efficiency or (2) renewable energy, where "energy efficiency” means efficient energy use, or to reduce the amount of energy required to provide products and services through “energy efficiency measures” (see definition below) and “renewable energy” is power generated from sources that are constantly being replenished, including, but are not limited to, bioenergy, geothermal energy, hydrogen, hydropower, marine energy, solar energy, and wind energy.

[8]

See below for Appendix A for a comprehensive list of defined terms.

1. Topic Area: Clean Energy Project Planning

Under this FOA, the DOE Office of Indian Energy is soliciting applications to conduct clean energy planning. Projects selected are intended to result in specific outcomes (measurable results or end-products). Funds under this Topic Area are intended to cover internal personnel costs (e.g., energy and infrastructure management roles) and may be used for community outreach, including Native language translation.

Eligible planning activities under this Topic Area, may include, but are not limited to:

(a) Strategic energy planning;

(b) Conducting an Energy Options Analysis;

(c) Conducting energy audits to establish baseline energy use and energy efficiency options;

(d) Developing an energy organization or office;

(e) Conducting climate resiliency planning;

(f) Establishing energy policy, regulations, or codes to reduce energy use or promote energy development; and,

(g) Obtaining skills and training related to energy use, development, or management.

Applicants may propose a single eligible planning activity, multiple planning activities, or all eligible activities, provided the amount of DOE funding being requested does not exceed the maximum DOE funding per individual award specified under Section II.A.1.

a. Strategic Energy Plan

A “Strategic Energy Plan,” for purposes of this FOA, is a long-term roadmap to focus and guide efforts and actions toward a defined energy vision. Strategic Energy Plans catalog existing energy consumption, sources, and users; articulate goals; develop strategies and actions to meet the goals; and identify resources needed to ensure effective completion of these strategies. For more, see Tribal Strategic Energy Plan and Planning Handbook, Alaska Strategic Energy Plan and Planning Handbook, Strategic Energy Planning: A Guide for Rural Alaska Communities, Guide to Community Energy Strategic Planning | Department of Energy, and Blueprint 1: Energy Planning | Department of Energy.

b. Energy Options Analysis

An “Energy Options Analysis,” for purposes of this FOA, is a systematic assessment and evaluation of possible alternative approaches available for achieving specific energy objectives and determining which of the options are the most effective and provides the best solution to achieve those objectives. Such an analysis is intended to explore feasible technology mailto:TribalGrants@hq.doe.gov mailto:ExchangeHelp@hq.doe.gov https://www.energy.gov/node/950979 https://www.energy.gov/indianenergy/articles/alaska-strategic-energy-plan-and-planning-handbook https://www.energy.gov/indianenergy/articles/alaska-strategic-energy-plan-and-planning-handbook https://www.energy.gov/node/4428386 https://www.energy.gov/node/4428386 https://www.energy.gov/scep/slsc/guide-community-energy-strategic-planning https://www.energy.gov/scep/blueprint-1-energy-planning

[9] alternatives (e.g., conventional technologies, renewable technologies, energy efficiency measure(s)) and provide evidence that the proposed project choice can actually be implemented and is the best option available among feasible alternatives.

More specifically, an Energy Options Analysis should:

1) Define broad overall energy objectives;

2) Establish specific project goals;

3) Identify energy resources, needs, and technology options;

4) Define an approach to evaluating those energy options;

5) Screen energy options;

6) Conduct a pre-feasibility analysis;

7) Select energy option(s) to pursue; and

8) Develop an implementation plan.

A sample Energy Options Analysis format has been provided under ‘Application Forms and Templates’ on IE-Exchange. Note that Tribal Clean Energy Planning projects proposed under this FOA are not required to be based on a completed Energy Options Analysis and, therefore, the template provided is for informational purposes only.

The results of an Energy Options Analysis is intended to be of sufficient depth that, based on the analysis, a Comprehensive Clean Energy Feasibility and Viability Assessment of a preferred option(s) can be initiated (see Appendix A for definitions).

c. Energy Audits

“Energy Audits” (otherwise known as energy assessments or energy studies) establish baseline energy use (buildings, processes, and systems) for setting energy efficiency improvement goals as well as providing a comparison point for evaluating future efforts. “Baselining” is the act of measuring energy use and energy intensity at a determined level of detail for the purpose of establishing a benchmark for future comparison.

For purposes of this FOA, establishing baseline energy use may include, but is not limited to, the following steps:

• Step 1: Decide on boundaries Defining the boundaries will establish “what is in and what is out.” For example, it may include homes and community buildings and exclude manufacturing operations, or it may only include industrial and/or manufacturing facilities, or major energy users, or an entire community or village.

• Step 2: Choose a baseline year or years The baseline year typically is the most recent year or years for which there is reliable data.

• Step 3: Gather energy data

[10]

Step 3 includes gathering energy records for the baseline year. The energy records must include a breakdown of the energy used by type (e.g., electricity, natural gas, oil, coal).

Step 3 has three parts: a) determining the amount of fuel purchased by type, b) determining the net electricity purchased, and c) calculating the amount of primary energy consumed.

• Step 4: Survey energy use and identify significant energy users Step 4 typically involves an energy audit (otherwise known as an energy assessment or energy study) to determine where, when, why, and how energy is used, or lacking in a building, and to identify opportunities to improve efficiency. Audit types include:

American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHREA) Level 1, walk-thru audit, which is typically used for smaller buildings; ASHREA 2, energy survey and analysis, which is typically used for larger buildings; and ASHREA 3, detailed survey and analysis (also referred to as an investment grade audit), which is a more rigorous analysis used for more expensive capital projects.

• Step 5: Identify opportunities for energy savings Once the energy users are identified, opportunities for reducing energy use can be developed. An energy audit should identify those opportunities, including the cost of each energy efficiency measure and associated energy and costs savings.

• Step 6: Develop an energy action plan Step 6 involves prioritizing the actions to be taken and establishing a timeline for implementation.

d. Energy Organization or Office Development

Energy Organization or Office Development activities may include, but are not limited to, planning and/or establishment of an energy organization such as a campus energy office, campus energy committee, or other organizational unit, or the enhancement of an existing organizational unit.

This effort is expected to be in response to a specific need or goal, have specific outcomes (measurable results or end-products), and have identified sources of funding or revenue to sustain the operation beyond DOE funding.

Activities may include, but are not limited to:

• Evaluation of organizational structures as they relate to the TCUs long-term strategic energy plan and implementation opportunities (i.e., campus energy office, energy committee, or other organizational unit).

• Establishment of an energy organization or unit for managing campus energy resources and assets or implementing a campus-wide strategic energy plan.

• Enhancement of an existing campus energy organizational unit or function for managing campus energy resources and assets or implementing a campus-wide strategic energy plan.

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e. Climate Resiliency Planning

Climate Resiliency Planning activities are for conducting climate change preparedness and resiliency planning to understand how to mitigate and plan for the impacts of climate change.

Such activities could include, but are not limited to:

• Greenhouse gas and carbon reduction assessment and planning Including an assessment of current greenhouse gas emissions and identification of practical steps to reduce those emissions to meet specific tribal goals, where assessments would consider emissions related to buildings, transportation, and energy sectors.

• Identification of energy impacts of climate change Including an assessment of climate vulnerabilities and infrastructure to help prioritize mitigation and adaptation strategies.

• Climate mitigation action planning Including prioritizing mitigation strategies to address projected and known impacts of climate change and natural disasters.

• Evaluation of critical facilities To include identifying critical facilities and address energy action planning to prepare those facilities for climate impacts or natural disasters.

• Addressing energy issues related to past climate and natural disaster events Including an assessment of energy-related issues caused by a past climate or natural disaster event and create an action plan for increased resilience in the future.

f. Energy Policy, Regulations or Code Development

Energy Policy, Regulations or Code Development activities are intended to address energy governance issues that may include, but are not limited to:

• Energy policy development Including crafting energy policy, such as renewable energy standards, building codes, or energy related by-laws to address energy issues or reach tribal energy goals.

• Federal, state, and local policy, regulatory, and incentive assessment Including an assessment of federal, state, and local policies that impact tribal energy development, which may include, but are not limited to, renewable portfolio standards, renewable energy credits, tax codes, taxation, clean energy programs, and state and local incentives.

g. Skills and Training

Skills and Training activities are intended to increase capabilities or skills, knowledge base, awareness, or expertise of Tribal leaders, staff, or members related to energy use and development. Applications addressing this area should provide a correlation between the

[12] proposed activities and the strategic plan or energy development activities. Skills and Training activities should increase knowledge-based skills (gaining knowledge of specific subjects, procedures, and information necessary to perform particular tasks) of TCU faculty, students or Tribal members and be relative to energy use and development.

This effort is expected to be in response to a specific need or goal of the TCU and be of limited duration with specific outcomes (measurable results or end-products). Applications addressing Skills and Training should clearly define how these new energy-related capabilities will be integrated into existing TCU activities, programs, or initiatives.

Skills and Training activities may include, but are not limited to:

• Apprenticeship or mentorship (learning a job or skill by working for a fixed period of time for someone who is very good at that job or skill).

• Internships (student or trainee who works in an organization, sometimes without pay, in order to gain work experience).

• Workshops (short-term interactive training).

• Seminars (short-term lecture-oriented training).

• Certification programs (e.g., energy auditor, energy efficiency practitioner, solar technician, utility operator).

Skills and Training activities proposed may include attending conferences for gaining general energy awareness, provided that attendance is justified and directly applicable to the stated goals of the TCU.

C. APPLICATIONS SPECIFICALLY NOT OF INTEREST

The following types of applications will be deemed nonresponsive and will not be reviewed or considered (See Section III.D. of the FOA):

• Applications that fall outside the technical parameters specified in Section I.B. of the FOA.

D. AUTHORIZING STATUTES

The programmatic authorizing statute is the Indian Tribal Energy Development and Self

Determination Act of 2005 (Energy Policy Act of 2005 (EPAct 2005), Title V, § 502, codified at 42

U.S.C. § 7144e and 25 U.S.C. § 3501, et seq.).

Awards made under this FOA will fall under the purview of 2 CFR Part 200 as amended by 2 CFR Part 910.

https://www.gpo.gov/fdsys/pkg/PLAW-109publ58/html/PLAW-109publ58.htm https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7144e&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7144e&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=(title:25%20section:3501%20edition:prelim) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-B/chapter-IX/part-910 https://www.ecfr.gov/current/title-2/subtitle-B/chapter-IX/part-910

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II. AWARD INFORMATION

A. AWARD OVERVIEW

1. ESTIMATED FUNDING

DOE expects to make a total of approximately $5 million of federal funding available for new awards under this FOA, subject to the availability of appropriated funds. The actual level of funding, if any, depends on Congressional appropriations.

DOE anticipates making approximately 15 to 35 awards under this FOA.

DOE funding per individual award will range from no less than $100,000 to a maximum of $350,000.

2. PERIOD OF PERFORMANCE

DOE anticipates making awards with a period of performance of approximately two (2) to three

(3) years.

3. NEW APPLICATIONS ONLY

DOE will accept only new applications under this FOA. DOE will not consider applications for renewals or continuations of existing DOE funded awards through this FOA.

B. DOE FUNDING AGREEMENTS

Through grants, DOE provides financial and other support to projects that have the potential to realize the FOA objectives. DOE does not use such agreements to acquire property or services for the direct benefit or use of the United States government.

As specified under § 503 of EPAct 2005 (25 U.S.C. § 3502(b)(2)), DOE anticipates awarding grants under this FOA.

III. ELIGIBILITY INFORMATION

A. ELIGIBLE APPLICANTS

The DOE Office of Indian Energy will only consider applications from: (1) Tribal Colleges and Universities (TCUs). Applications from a consortium of TCUs (Consortium) will be accepted but must be submitted by a single TCU acting as the Applicant and representing the Consortium.

mailto:TribalGrants@hq.doe.gov https://www.govinfo.gov/content/pkg/USCODE-2014-title25/html/USCODE-2014-title25-chap37-sec3502.htm

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All Applicants will be required to provide eligibility statements and evidence (see Section IV.C.5.) to support DOE’s eligibility determination. DOE will not make sufficiency determinations prior to an application being submitted. Applicants who do not meet the requirements of this subsection will be deemed ineligible and their applications will not be reviewed or considered.

More specifically,

1) “Tribal Colleges and Universities (TCUs)” for purposes of this FOA, are (1) institutions of higher education located in the 48 contiguous United States or Alaska and (2) defined and eligible based on the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. § 1801(a)(4)), and the Higher Education Act of 1965 (20 U.S.C. § 1001, et seq.), respectively, as follows:

“Tribal Colleges and Universities," for purposes of the FOA, mean institutions of higher education which are formally controlled, or have been formally sanctioned, or chartered, by the governing body of an Indian tribe or tribes, except that no more than one such institution shall be recognized with respect to any such tribe;

including:

Those institutions cited and eligible for funding undersection 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. § 301 note), any other institution that qualifies for funding under the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. § 1801 et seq.), and Diné College, authorized in the Navajo Community College Assistance Act of 1978, Public Law 95-471, title II (25 U.S.C. § 640a note).2

“Consortium” (plural consortia), as defined for the purposes of this FOA, means a group of Tribal Colleges and Universities (as defined above), that have chosen to submit a single application. Under this FOA, a Consortium is eligible to submit an application provided the application is submitted by a single TCU representing the Consortium.

See Appendix A for definitions.

2 See also Executive Order 13270 (July 3, 2022), as extended by Executive Order 13316 (September 17, 2003).

Note: Although 25 U.S.C. § 640a note has now been omitted from the U.S. Code as being of special and not general application, Diné College remains an eligible TCU. See the Higher Education Opportunity Act of 2008, Pub.

L. 110–315 (August 14, 2008), §§ 945, 946 (establishing the Navajo Nation Higher Education Act of 2008 and reauthorizing the Navajo Community College Act).

mailto:TribalGrants@hq.doe.gov mailto:ExchangeHelp@hq.doe.gov https://uscode.house.gov/view.xhtml?path=/prelim@title25/chapter20&edition=prelim https://uscode.house.gov/view.xhtml?path=/prelim@title25/chapter20&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title20-chapter28&edition=prelim#:~:text=20%20USC%20Ch.%2028%3A%20HIGHER%20EDUCATION%20RESOURCES%20AND,20%E2%80%94EDUCATION%20CHAPTER%2028%E2%80%94HIGHER%20EDUCATION%20RESOURCES%20AND%20STUDENT%20ASSISTANCE https://www.govinfo.gov/link/uscode/7/301 https://www.govinfo.gov/link/uscode/25/1801 https://www.govinfo.gov/link/uscode/25/640a https://www.govinfo.gov/link/uscode/25/640a

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B. COST SHARING

No cost share is required for applications submitted under this FOA. If, however, the Applicant chooses to provide cot share the following sections apply.

Recipient cost share must come from non-federal sources. See 2 CFR § 200.306 and 2 CFR §

910.130 for the applicable cost sharing requirements.

Except for pre-award costs with prior approval by DOE, only cost share contributions made during the period of performance of the grant, if awarded, can be considered. Any costs incurred prior to award selection cannot be considered as cost share or for reimbursement by

DOE.

If funds from a federal source are being proposed either as additional federal funds against the total project costs or as non-federal cost share, as allowed by law, the Applicant must provide a commitment letter from the federal agency as part of the application that specifically commits those funds and identifies the statutory authority that allows those funds to be used for the project being proposed. Additionally, if those funds are to be used as non-federal cost share, the commitment letter must also include the excerpt from the statutory authority that allows those funds to be used as non-federal cost share. These commitment letters will be reviewed to determine allowability, by DOE Legal Counsel and the Contracting Officer, prior to accepting funds as either additional federal project funds or non-federal cost share from other federal sources.

The following are some instances where federal funds may be permissible for use as cost share.

NOTE: Per the Indian Self-Determination Act (Public Law 93-638) as codified and amended at

25 U.S.C. § 5301, et seq., funding under the Indian Self-Determination Act may be used as non-federal cost share by Indian Tribes on federal grants.

For Tribal self-governance funding agreements, see 25 U.S.C. § 5363,3 Funds, “All funds provided under funding agreements entered into pursuant to this subchapter, and all funds provided under contracts or grants made pursuant to this subchapter, shall be treated as non-Federal funds for the purposes of meeting matching requirements under any other Federal law.”

For self-determination contract funding, see 25 U.S.C. § 5322,4 Use as matching shares for other similar federal grant programs, “The provisions of any other Act notwithstanding, any funds made available to a tribal organization under grants pursuant to this section may be used as matching shares for any other Federal grant

3 25 U.S.C. § 458cc was editorially reclassified as section 5363 of this title.

4 25 U.S.C. § 450h(c) was editorially reclassified as section 5322 of this title.

mailto:TribalGrants@hq.doe.gov mailto:ExchangeHelp@hq.doe.gov https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 https://www.ecfr.gov/current/title-2/subtitle-B/chapter-IX/part-910/subpart-B/section-910.130 https://www.ecfr.gov/current/title-2/subtitle-B/chapter-IX/part-910/subpart-B/section-910.130 https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg2203.pdf https://uscode.house.gov/view.xhtml?path=/prelim@title25/chapter46&edition=prelim https://www.govregs.com/uscode/title25_chapter46_subchapterIV_section5363 https://www.govregs.com/uscode/title25_chapter46_subchapterI_section5322

[16] programs which contribute to the purposes for which grants under this section are made.”

For compact funding, see 25 U.S.C. § 5324,5 "Notwithstanding any other provision of law, a tribal organization may use funds provided under a self-determination contract to meet matching or cost participation requirements under other Federal and non-Federal programs.”

Per the Native American Housing Assistance and Self-Determination Act (NAHASDA) of 1996 (Public Law 104–330 as codified at 25 U.S.C. § 4101, et seq.) and it’s implementing regulation (24 CFR § 1000.122): “There is no prohibition in NAHASDA against using grant funds as matching funds.”

To assist Applicants in calculating proper cost share amounts, DOE has included a cost share information sheet and sample cost share calculation as Appendix B to this FOA.

1. COST SHARE LEGAL RESPONSIBILITY

If cost share is proposed that cost share will apply to the project as a whole (including work performed by members of the Project Team other than the Recipient) and the Applicant is ultimately and legally responsible for providing the entire amount of cost share required, if an award is made, even if the cost share is being provided by a Subrecipient(s). The Recipient’s cost share obligation is expressed in the Assistance agreement as a static amount in U.S. dollars (cost share amount) and as a percentage of the Total Project Cost (cost share percentage). If the funding agreement is terminated prior to the end of the project period, the Recipient is required to contribute, as a minimum, the approved cost share percentage of total expenditures incurred through the date of termination.

2. COST SHARE TYPES AND ALLOWABILITY

If cost share is proposed, those cost share contributions must be allowable under the applicable federal cost principles, as described in Section IV.H.1. of the FOA. In addition, cost share must be verifiable at the time of submission of the application.

Project Teams may provide cost share in the form of cash or in-kind contributions; however, the Applicant is ultimately and legally responsible for providing the entire amount of cost share required, if an award is made, even if the cost share is being provided by a Subrecipient(s). Note that Subrecipients who provide cost share, either as cash or as in-kind contributions, or an entity that is deemed a Subrecipient per 2 CFR § 200.1 and 2 CFR § 200.331(a), are subject to all terms and conditions of the grant.

5 25 U.S.C. § 450j-1(j) was editorially reclassified as section 5324 of this title.

mailto:ExchangeHelp@hq.doe.gov https://www.govregs.com/uscode/title25_chapter46_subchapterI_section5324 https://www.congress.gov/104/plaws/publ330/PLAW-104publ330.pdf https://www.govregs.com/uscode/title25_chapter43 https://www.govregs.com/regulations/expand/title24_chapterIX_part1000_subpartB_section1000.122#regulation_12 https://www.ecfr.gov/current/title-2/section-200.1 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#p-200.331(a) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#p-200.331(a)

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Allowable contributions include, but are not limited to, contributed labor, unrecovered indirect costs, unrecovered facilities and administrative costs, rental value of buildings (not the purchase price), lease value of land or equipment (not the purchase value), and the value of a service, other resource, or in-kind contributions.

All cost share (if any) must come from non-federal sources unless otherwise allowed by law.

Project Teams may use funding or property received from state or local governments for cost share, so long as the funding was not provided to the state or local government by the federal government.

The Recipient may not use the following sources6 as…

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