FundOpp_DE-FOA-0003109.pdf

ADMINISTRATIVE AND LEGAL REQUIREMENTS DOCUMENT (ALRD)

Department of Energy (DOE) National Energy Technology Laboratory (NETL)

Office of Fossil Energy and Carbon Management (FECM) Environmental Protection Agency (EPA)

Inflation Reduction Act (IRA) – Mitigating Emissions from

Marginal Conventional Wells

Administrative and Legal Requirements Document (ALRD) Number: DE-FOA-0003109

ALRD Type: Initial

Assistance Listing Number: 81.089 (Fossil Energy Research and Development)

ALRD Issue Date: August 30, 2023 Submission Deadline for Full Applications: September 30, 2023

5:00pm ET Expected Timeframe for Award Negotiations October/November 2023 Expected Timeframe for Award: December 2023

Registration Requirements

There are several one-time actions that must be completed before submitting an application in response to this Administrative and Legal Requirements Document (ALRD) (e.g., register with the System for Award Management (SAM), obtain a Unique Entity Identifier (UEI) number, register with Grants.gov, and register with FedConnect.net to submit questions). It is vital that applicants address these items as soon as possible. Some may take several weeks, and failure to complete them could interfere with an applicant’s ability to apply to this ALRD.

SAM – Applicants must register with SAM at https://www.sam.gov/ prior to submitting an application in response to this ALRD. Designating an Electronic Business Point of Contact (EBiz POC) and obtaining a special password called an MPIN are important steps in SAM registration. Failure to register with SAM will prevent your organization from applying through Grants.gov. The applicant must maintain an active SAM registration with current information at all times during which it has an active Federal award or application under consideration. More information about SAM registration for applicants is found at:

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=650d493e1bab7c105465 eaccac4bcbcb.

NOTE: If clicking the SAM links do not work, please copy and paste the link into your browser.

Due to the high demand of SAM registrations and UEI requests, entity legal business name and address validations are taking longer than expected to process. Entities should start the SAM and UEI registration process as soon as possible. If entities have technical difficulties with the SAM registration or UEI validation process they should utilize the HELP feature on SAM.gov. SAM.gov will work entity 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.

UEI – Applicants must obtain an UEI from the SAM to uniquely identify the entity. The

UEI is available in the SAM entity registration record.

NOTE: Subawardees/subrecipients at all tiers must also obtain an UEI from the SAM and provide the UEI to the Prime Recipient before the subaward can be issued. Full registration in SAM is not required to obtain an UEI for subaward reporting.

Grants.gov – Applicants must register with Grants.gov and set up your WorkSpace. You cannot submit an application through Grants.gov unless you are registered. Please read the registration requirements carefully and start the process immediately.

https://www.sam.gov/ https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=650d493e1bab7c105465eaccac4bcbcb https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=650d493e1bab7c105465eaccac4bcbcb https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0058422&sys_kb_id=1b5f22581b2115102fe5ed7ae54bcb4e&spa=1

1) The Authorized Organizational Representative (AOR) must register at:

https://www.grants.gov/web/grants/register.html.

2) An email is sent to the E-Business (E-Biz) POC listed in SAM. The E-Biz POC must approve the AOR registration using their MPIN from their SAM registration.

More information about the registration steps for Grants.gov is provided at:

https://www.grants.gov/web/grants/applicants/registration.html.

In addition:

o Add a Profile to a Grants.gov Account: A profile in Grants.gov corresponds to a single applicant organization the user represents (i.e., an applicant) or an individual applicant. If you work for or consult with multiple organizations and have a profile for each, you may log in to one Grants.gov account to access all of your grant applications. To add an organizational profile to your Grants.gov account, enter the UEI for the organization in the UEI field while adding a profile.

For more detailed instructions about creating a profile on Grants.gov, refer to:

https://www.grants.gov/web/grants/applicants/registration/add-profile.html.

o EBiz POC Authorized Profile Roles: After you register with Grants.gov and create an Organization Applicant Profile, the organization applicant's request for Grants.gov roles and access is sent to the EBiz POC. The EBiz POC will then log in to Grants.gov and authorize the appropriate roles, which may include the AOR role, thereby giving you permission to complete and submit applications on behalf of the organization. You will be able to submit your application online any time after you have been assigned the AOR role.

NOTE: When applications are submitted through Grants.gov, the name of the organization applicant with the AOR role that submitted the application is inserted into the signature line of the application, serving as the electronic signature. The EBiz POC must authorize people who are able to make legally binding commitments on behalf of the organization as a user with the AOR role;

this step is often missed, and it is crucial for valid and timely submissions.

For more detailed instructions about creating a profile on Grants.gov, refer to:

https://www.grants.gov/web/grants/applicants/registration/authorize-roles.html.

To track your role request, refer to:

https://www.grants.gov/web/grants/applicants/registration/track-role-status.html.

https://www.grants.gov/web/grants/register.html https://www.grants.gov/web/grants/applicants/registration.html https://www.grants.gov/web/grants/applicants/registration/add-profile.html https://www.grants.gov/web/grants/applicants/registration/authorize-roles.html https://www.grants.gov/web/grants/applicants/registration/authorize-roles.html https://www.grants.gov/web/grants/applicants/registration/track-role-status.html https://www.grants.gov/web/grants/applicants/registration/track-role-status.html

Questions relating to the registration process, system requirements, or how an application form works must be directed to Grants.gov at 1-800-518-4726 or support@grants.gov.

FedConnect.net – Applicants must register with FedConnect to submit questions.

FedConnect website: https://www.fedconnect.net/ mailto:support@grants.gov https://www.fedconnect.net/

Table of Contents

Registration Requirements ................................................................................................................................... iv

Table of Contents................................................................................................................................................. vii

I. Funding Opportunity Description

A. Background and Context

i. Program Purpose

B. Objectives and Scope C. Applications Specifically Not of Interest D. Community Benefits Plan: Job Quality and Equity E. Authorizing Statutes

II. Award Information

A. Award Overview

i. Estimated Funding

ii. Period of Performance

iii. New Applications Only

B. DOE Funding Agreements

i. Formula Grants

III. Eligibility Information

A. Eligible Applicants

i. Restricted Eligibility

ii. Individuals

iii. Domestic Entities

iv. Foreign Entities

B. Cost Sharing C. Compliance Criteria D. Responsiveness Criteria

IV. Application and Submission Information

A. Application Process B. Application Forms C. Content and Form of the Full Application

i. Full Application Content Requirements

ii. SF-424: Application for Federal Assistance

iii. Project/Performance Site Location(s)

iv. Technical Volume

v. Resumes

vi. Community Partnership Documentation (if applicable)

vii. Budget Justification Workbook

viii. Subrecipient Budget Justification (if applicable)

ix. Head of State Government Letter

x. Pre-Award Information Sheet

xi. SF-LLL: Disclosure of Lobbying Activities

xii. Foreign Entity Waiver Requests and Foreign Work Waiver Requests

xiii. Community Benefits Plan: Job Quality and Equity

xiv. Environmental Plan

xv. Transparency of Foreign Connections

xvi. Potentially Duplicative Funding Notice (if applicable)

D. Unique Entity Identifier (UEI) and System for Award Management (SAM) E. Intergovernmental Review F. Funding Restrictions

i. Allowable Costs

ii. Administrative Cost Cap

iii. Pre-Award Costs

iv. Performance of Work in the United States (Foreign Work Waiver)

v. Construction

vi. Davis-Bacon Act Requirements

vii. Foreign Travel

viii. Equipment and Supplies

ix. Buy America Requirements for Infrastructure Projects

x. Lobbying

xi. Risk Assessment

xii. Prohibition related to Foreign Government-Sponsored Talent Recruitment Programs

xiii. Affirmative Action and Pay Transparency Requirements

xiv. Foreign Collaborations Considerations

V. Application Review Information

A. Compliance/Responsiveness Review

VI. Award Administration Information

A. Award Notices

i. Notice of Award

B. Administrative and National Policy Requirements

i. Award Administrative Requirements

ii. Foreign National Participation (April 2023)

iii. Subaward and Executive Reporting

iv. National Policy Requirements

v. Environmental Review in Accordance with Federal Authorities

vi. Flood Resilience

vii. Applicant Representations and Certifications

viii. Statement of Federal Stewardship

ix. Intellectual Property Provisions

x. Reporting

xi. Conference Spending

xii. Indemnity

xiii. Uniform Commercial Code (UCC) Financing Statements

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

xv. Interim Conflict of Interest Policy for Financial Assistance

xvi. Fraud, Waste and Abuse

xvii. Human Subjects Research

C. Federal Government Generated Statement of Project Objectives (SOPO)

VII. Questions/Agency Contacts

VIII. Other Information

A. ALRD Modifications B. Federal Government Right to Reject or Negotiate C. Commitment of Public Funds D. Treatment of Application Information E. Evaluation and Administration by Non-Federal Personnel F. Notice of Right to Conduct a Review of Financial Capability

G. Requirement for Full and Complete Disclosure H. Retention of Submissions I. Copyright J. Export Control K. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment L. Personally Identifiable Information (PII) M. Annual Independent Audits

Appendix A – State Formula Allocation List

Appendix B – Federal Government Generated Statement of Project Objectives (SOPO)

Appendix C – Waiver Requests For: 1. Foreign Entity Participation; and 2. Foreign Work

Appendix D – Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Buy America Requirement for Infrastructure Projects

Appendix E – Acronyms/Definitions

I. Funding Opportunity Description

A. Background and Context

In August 2022, Congress passed and President Biden signed the Inflation Reduction Act into law. The Inflation Reduction Act makes a historic commitment to build a new clean energy economy, powered by American innovators, American workers, and American manufacturers, that will create good-paying jobs with a free and fair chance to join a union, decrease the pollution fueling the climate crisis, and advance environmental justice.

Section 60113 of the Inflation Reduction Act (Methane Emissions Reduction Program (MERP)) amended the Clean Air Act (CAA) by adding section 136, “Methane Emissions and Waste Reduction Incentive Program for Petroleum and Natural Gas Systems” (also referred to as the “Methane Emissions Reduction Program”) (codified at 42 U.S.C. 7436). CAA section 136 appropriates funds to the U.S. Environmental Protection Agency (EPA) to provide financial and technical assistance (i.e., grants, rebates, contracts, loans, and other activities).

CAA section 136(b) allocates up to $700 million for financial and technical assistance activities at marginal conventional wells (MCWs), of which up to $350 million is being made available for activities under this ALRD. For purposes of this ALRD, a MCW is an onshore conventional well producing less than or equal to 15 barrels of oil equivalent per day (BOED), or less than or equal to 90 thousand cubic feet (Mcf) gas per day (1 BOE = 6 Mcf) over a calendar year. These are producing or idle wells with known operators/well owners.

i. Program Purpose

The U.S. Department of Energy (DOE) is partnering with EPA to make funds available to eligible States for the purpose of mitigating methane emissions from MCWs by providing financial assistance to operators/well owners to voluntarily and permanently plug and abandon MCWs (including elements of environmental restoration required to comply with applicable State or Federal plugging and abandonment standards and regulations) on non-Federal lands as well as monitor methane emissions from MCWs to verify that plugged wells are no longer emitting methane. It is noted that within the bounds of this ALRD, the specific monitoring sought is limited to collection of methane emissions measurements from MCWs prior to and following the well plugging to quantify mitigated methane emissions as well as for the purposes of informing the prioritization of well-plugging projects. Hereafter the term “measurement” is used to define the type of monitoring requested.

Applicants are highly encouraged to optimize the available allocated funds to maximize the volume of methane emissions mitigated through the plugging and abandonment efforts.

Applicants are encouraged to contact Tribal Governments for purposes of identifying and permanently plugging and abandoning MCWs located on Tribal lands within State borders, where applicable.

These activities are expected to result in methane and other greenhouse gas emission (GHG) reductions and provide environmental benefits through the restoration completed as part of well abandonment requirements for the wells.

Results of these activities are also anticipated to mitigate legacy air pollution (through reduction of associated non-greenhouse gas emissions) from oil and gas systems in low-income and disadvantaged communities and provide potential benefits to such communities, including improved ambient air quality, surface and groundwater quality, climate resiliency, and human health as well as creation of high-quality jobs. This ALRD is making available up to $350 million in formula grants through a non-competitive process to eligible States.

The formula is based on a State’s proportion of the total national MCWs located on non-Federal land, with a minimum allocation of $125,000 for any State with one or more MCWs. Allocations may be adjusted by the number of States applying to participate in the program.

With the funding allocated under this ALRD, the following goals are targeted:

• Mitigate, to the maximum extent possible, methane and other greenhouse gas emissions by assisting operators to voluntarily identify and permanently plug MCWs;

• Measure methane emissions to provide a preliminary screening of emissions from MCWs as a mechanism to inform plugging prioritization;

• Measure methane emissions from MCWs (in accordance with the forthcoming DOE methane measurement guidelines for MCWs) prior to and following plugging and abandonment to quantify mitigated emissions; and

• Support elements of environmental restoration required for full compliance with applicable State or Federal well plugging and abandonment standards and regulations.

As part of the whole-of-government approach to advance equity and encourage worker organizing and collective bargaining1,2,3 this ALRD and any related activities will seek to encourage meaningful engagement and participation of workforce organizations, including labor unions, as well as underserved communities and underrepresented groups, including Tribal nations4. Consistent with Executive Order 140085 this ALRD is designed to help meet the goal that 40% of the overall economic, environmental, and other benefits of certain federal investments flow to disadvantaged communities and to drive creation of accessible, good-paying jobs with the free and fair chance for workers to join a union.

B. Objectives and Scope

Applications are limited to projects that are directly related to the permanent plugging and abandonment of MCWs on non-Federal lands in accordance with applicable State or Federal standards and regulations. These activities will include:

• permanently plugging MCWs located on non-Federal lands;

• measuring methane emissions associated with MCWs; and

• administering the Statement of Project Objectives (SOPO) identified in the grant agreement in accordance with all applicable State and Federal standards and regulations.

These activities may also include:

• supporting elements of environmental restoration associated with the plugged MCWs as required for compliance with any applicable State and Federal standards and regulations for well plugging and abandonment.

In particular, projects will support permanent well plugging and abandonment activities on MCWs. These well plugging activities may include, but are not limited to:

1 EO 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” January 20, 2021. EO 14091, “Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” February 16, 2023.

2 EO 14025, “Worker Organizing and Empowerment,” April 26, 2021.

3 EO 14052, “Implementation of the Infrastructure Investment and Jobs Act,” November 18, 2021.

4 EO 13175, November 6, 2000, “Consultation and Coordination with Indian Tribal Governments,” charges all executive departments and agencies with engaging in regular, meaningful, and robust consultation with tribal officials in the development of federal policies that have tribal implications. Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships | The White House.

5 EO 14008, “Tackling the Climate Crisis at Home and Abroad,” January 27, 2021.

• preparation of well pad to permanently plug and abandon the well;

• removal of well bore casing and other associated equipment or infrastructure;

• placement of cement plugs in the borehole;

• excavation around well head and capping of the well prior to surface restoration as required by applicable State or Federal well plugging and abandonment standards and regulations; and

• support of activities necessary for well plugging.

Projects will also support monitoring (via discrete measurements) of methane emissions associated with the MCWs in accordance with the following guidelines.

Monitoring must include measurement of methane emissions prior to and following the plugging and abandonment of any MCW (in accordance with the forthcoming DOE methane measurement guidelines for MCWs), quantification of the methane emissions mitigated for plugged wells, and verification that plugged wells are no longer emitting methane emissions as required for full compliance with State or Federal well plugging and abandonment standards and regulations.

It is to be clearly noted that for these pre and post plugging methane measurements, States will follow the forthcoming DOE methane measurement guidelines for MCWs. These guidelines will include requirements associated with methane measurement under this specific MCW program.

Monitoring can also include the use of existing methane emissions data or direct detection and measurement of methane emissions to provide a preliminary screening of emissions from MCWs as a mechanism to inform plugging prioritization. Methane emissions measurement associated with screening may consider, but are not required to follow, the forthcoming DOE methane measurement guidelines for MCWs.

Projects may also support elements of environmental restoration required for full compliance with applicable State or Federal well plugging and abandonment standards and regulations.

In addition to the guidance provided above, DOE has generated a Statement of Project Objectives (SOPO) to be used on all awards resulting from this ALRD.

Applicants should review the SOPO to be aware of project requirements. The SOPO is located in Appendix B of this ALRD.

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 ALRD):

• Applications that fall outside the technical parameters specified in Sections I.A. and I.B. of the ALRD.

• Applications from States not included on the formula allocation list in Appendix A to this ALRD.

D. Community Benefits Plan: Job Quality and Equity

To support the goal of building a clean and equitable energy economy, the IRA-funded projects are expected to (1) support meaningful community and labor engagement; (2) invest in America’s workforce; (3) advance diversity, equity, inclusion, and accessibility (DEIA); and (4) contribute to the President’s goal that 40% of the overall benefits of certain federal investments flow to disadvantaged communities (the Justice40 Initiative). 6 To ensure these goals are met, applications must include a Community Benefits Plan that describes how the proposed project would incorporate the four objectives stated above.

Applicants are encouraged to submit Community and Labor Partnership Documentation from established labor and community-based organizations that demonstrate the applicant’s ability to achieve the above goals as outlined in the Community Benefits Plan. Within the Community Benefits Plan, the applicant is encouraged to provide details on how to ensure the delivery of measurable community and jobs benefits, ideally using negotiated agreements between the applicant and the community, and/or the applicant and labor unions referred to collectively here as “Workforce and Community Agreements.” These include good neighbor agreements, community benefits agreements, community workforce agreements, project labor agreements, and other collective bargaining agreements. See Section IV.C.xii. for the Community Benefits Plan content requirements.

6Pursuant to Executive Order (E.O.) 14008, “Tackling the Climate Crisis at Home and Abroad,” January 27, 2021, and the Office of Management and Budget’s Interim Justice40 Implementation Guidance M-21-28 and M-23-09 (whitehouse.gov), DOE recognizes disadvantaged communities as defined and identified by the White House Council on Environmental Quality’s Climate and Economic Justice Screening Tool (CEJST), located at https://screeningtool.geoplatform.gov/. DOE’s Justice40 Implementation Guidance is located at https://www.energy.gov/sites/default/files/2022- 07/Final%20DOE%20Justice40%20General%20Guidance%20072522.pdf and https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf defines disadvantaged communities https://screeningtool.geoplatform.gov/ https://www.energy.gov/sites/default/files/2022-07/Final%20DOE%20Justice40%20General%20Guidance%20072522.pdf https://www.energy.gov/sites/default/files/2022-07/Final%20DOE%20Justice40%20General%20Guidance%20072522.pdf

E. Authorizing Statutes

This ALRD is issued in accordance with statutory authority provided by:

Clean Air Act (CAA), Section 136, as added by Inflation Reduction Act (IRA), Section 60113, (codified at 42 U.S.C. 7436).

Awards made under this announcement will fall under the purview of 2 Code of Federal Regulation (CFR) Part 200 as amended by 2 CFR Part 910.

II. Award Information

A. Award Overview

i. Estimated Funding This ALRD is expected to make available up to $350 million for new awards under this announcement. Funds will be distributed on a formula basis in accordance with the formula allocations included as Appendix A – State Formula Allocation List to this ALRD.

ii. Period of Performance

DOE anticipates making awards that will run for up to approximately five (5) years in length with one coextensive project/budget period.

iii. New Applications Only DOE will accept only new applications under this ALRD. DOE will not consider applications for renewals of existing DOE-funded awards through this ALRD.

B. DOE Funding Agreements

i. Formula Grants DOE has the authority to provide financial support to prime recipients through formula grants.

III. Eligibility Information

To be considered for substantive evaluation, an applicant‘s submission must meet the criteria set forth below. If the application does not meet these eligibility requirements, it will be considered ineligible and removed from further evaluation.

A. Eligible Applicants

i. Restricted Eligibility

In accordance with 2 CFR 910.126, Competition, and Section 136, of the CAA, eligibility for award is restricted to the 30 states identified in Appendix A – State Formula Allocation List.

ii. Individuals U.S. citizens and lawful permanent residents are eligible to apply for funding as a subrecipient or subcontractor.

iii. Domestic Entities For-profit entities, educational institutions, and nonprofits that are organized, chartered, or incorporated (or otherwise formed) under the laws of a particular State or territory of the United States and have a physical location for business operations in the United States are eligible to apply for funding as a subrecipient or subcontractor.

iv. Foreign Entities

In limited circumstances, DOE may approve a waiver to allow a foreign entity to participate as a subrecipient. If the applicant seeks to include a foreign entity as a subrecipient, the applicant must submit a separate explicit written waiver request in the Full Application for each proposed foreign subrecipient.

Appendix C lists the information that must be included in a foreign entity waiver request. The applicant does not have the right to appeal DOE’s decision concerning a waiver request.

B. Cost Sharing

In accordance with Section 136 of the Clean Air Act CAA, cost sharing is not required under this ALRD.

C. Compliance Criteria

All applicant submissions must:

• Be submitted by an eligible State identified in Appendix A – State Formula Allocation List;

• Comply with the allocation amount for their respective State identified in Appendix A – State Formula Allocation List;

• Comply with the applicable content and form requirements listed in Section IV. of the ALRD;

• Include all required documents;

• Be successfully uploaded in Grants.gov at https://www.grants.gov/, including clicking the “Submit” button; and

• Be submitted by the deadline stated in the ALRD.

Applicants are strongly encouraged to submit their Full Applications at least 48 hours in advance of the submission deadline. Under normal conditions (i.e., at least 48 hours before the submission deadline), applicants should allow at least one hour to submit a Full Application. Once the Full Application is submitted in Grants.gov, applicants may revise or update that submission until the expiration of the applicable deadline. If changes are made to any of these documents, the applicant must resubmit the Full Application before the applicable deadline. DOE will not extend the submission deadline for applicants that fail to submit required information by the applicable deadline due to server/connection congestion.

D. Responsiveness Criteria

All “Applications Specifically Not of Interest,” as described in Section I.C. of the ALRD, are deemed nonresponsive and are not reviewed or considered.

https://www.grants.gov/

IV. Application and Submission Information

A. Application Process All submissions must conform to the form and content requirements described below, including maximum page lengths.

• Each must be submitted in Adobe PDF format unless stated otherwise;

• Each must be written in English;

• All pages must be formatted to fit on 8.5 x 11-inch paper with margins not less than one inch on every side. Use Calibri typeface, a black font color, and a font size of 12 point or larger (except in figures or tables, which may be 10-point font). A symbol font may be used to insert Greek letters or special characters, but the font size requirement still applies.

References must be included as footnotes or endnotes in a font size of 10 or larger. Footnotes and endnotes are counted toward the maximum page requirement;

• Page numbers must be included in the footer of every page; and

• Each submission must not exceed the specified maximum page limit, including cover page, charts, graphs, maps, and photographs when printed using the formatting requirements set forth above and single spaced. If applicants exceed the maximum page lengths indicated below, DOE will review only the authorized number of pages and disregard any additional pages.

B. Application Forms

The application forms and instructions are available on Grants.gov at https://www.grants.gov/.

Note: The maximum file size that can be uploaded to the Grants.gov website is 10MB. Files in excess of 10MB cannot be uploaded, and hence cannot be submitted for review. If a file exceeds 10MB but is still within the maximum page limit specified in the ALRD, it must be broken into parts and denoted to that effect. For example:

TechnicalVolume_Part_1 TechnicalVolume_Part_2

C. Content and Form of the Full Application

Applicants must complete the following application forms found on the Grants.gov website at https://www.grants.gov/.

i. Full Application Content Requirements Full Applications must conform to the following requirements and must not exceed the stated page limits.

Component File Format Page Limit File Name

SF-424 Form N/A N/A Project/Performance Site Location(s) Form N/A N/A

Technical Volume PDF 15 TechnicalVolume.pdf Resumes PDF 3 pages each Resumes.pdf

Community Partnership Documentation (if applicable)

PDF 10 PartnershipDocs.pdf

Budget Justification Workbook MS Excel N/A Budget_Justification.xls or xlsx Subrecipient Budget Justification (if applicable) MS Excel N/A Subrecipient_Budget_Justification.xls or xlsx Head of State Government Letter PDF 1 HGLetter.pdf

Pre-Award Information Sheet PDF N/A Pre-Award Info.pdf SF-LLL Disclosure of Lobbying Activities Form N/A N/A

Foreign Entity Waiver Requests and Foreign Work Waiver Requests

PDF N/A FN_Waiver.pdf

Community Benefits Plan: Job Quality and Equity

PDF 10 CBenefits.pdf

Environmental Plan PDF 3 EnvPlan.pdf Transparency of Foreign Connections PDF N/A BusinessSensitive.pdf Potentially Duplicative Funding Notice

(if applicable) PDF N/A PDFN.pdf

Note: The maximum file size that can be uploaded to the Grants.gov website is

10MB.

DOE provides detailed guidance on the content and form of each component below.

ii. SF-424: Application for Federal Assistance

Complete the SF 424 form first to populate data in other forms. Complete all required fields in accordance with the instructions on the form. The list of certifications and assurances in Field 21 can be found at https://www.energy.gov/management/financial-assistance-forms-and-information-applicants-and-recipients, under Certifications and Assurances.

Note: The dates and dollar amounts on the SF-424 are for the complete project period of performance and not just the first project year, first phase or other subset of the project period of performance.

https://www.energy.gov/management/financial-assistance-forms-and-information-applicants-and-recipients https://www.energy.gov/management/financial-assistance-forms-and-information-applicants-and-recipients

iii. Project/Performance Site Location(s) Indicate the primary site where the administrative work will be performed by the prime recipient. If a portion of the administrative work will be performed at any other site(s), identify the site location(s) in the blocks provided.

Note that the Project/Performance Site Congressional District is entered in the format of the 2-digit state code followed by a dash and a 3-digit Congressional district code, for example VA-001. Hover over this field for additional instructions.

Use the Next Site button to expand the form to add additional Project/Performance Site Locations.

iv. Technical Volume

The Technical Volume must conform to the following content and form requirements.

Save the Technical Volume in a single PDF file named “TechnicalVolume.pdf” and click on “Add Mandatory Other Attachment” to attach.

The Technical Volume to the Full Application may not be more than 15 pages, including the cover page, table of contents, and all citations, charts, graphs, maps, photos, or other graphics, and must include all of the information in the table below.

Technical Volume Content Requirements

SECTION/PAGE LIMIT DESCRIPTION

Cover Page The cover page should include the project title, the specific ALRD Topic Area being addressed, both the technical and business points of contact, names of all team member organizations, names of project managers, senior/key personnel and their organizations, the project location(s) where the administrative work will be performed, and any statements regarding confidentiality.

Workplan The workplan should include the following information:

1. Approach:

a. Describe the proposed scope of activities to be carried out with the grant, including permanently plugging MCWs, measuring of methane emissions from MCWs, and supporting elements of environmental restoration required by applicable State or Federal well plugging and abandonment standards and regulations. Include a description of the proposed methods to:

i. Measure methane emissions to screen wells and inform plugging prioritization;

1. Document any planned use of existing emissions data for MCWs to be used in screening

2. Document any planned collection of new measurements of methane emissions or other data for MCWs to be used in screening

ii. Plug and abandon MCWs in accordance with applicable State or Federal standards and regulations; and

iii. Verify that plugged wells are no longer emitting methane at detectable levels, as required for full compliance with applicable State or Federal well plugging and abandonment standards and regulations.

b. Describe the proposed process and methodology that will be used to identify and prioritize plugging and abandonment of eligible MCWs, including elements of environmental restoration required by applicable State or Federal well plugging and abandonment standards and regulations.

2. Coordination and Engagement:

a. Describe the proposed methods the State will use to solicit input from and share process information with local and other State officials, Tribal Governments, and the public regarding the process to identify and prioritize MCWs.

b. Describe the proposed process for coordinating and/or collaborating with entities within the State (i.e., State agencies, municipalities, local Government) as necessary in the conduct of planned project activities.

i. Define any anticipated coordination among State entities that are required to be involved in the activities planned under the project, including identification of those entities and their anticipated role / responsibility associated with project activities.

ii. If a Tribal Government exists within State borders and MCWs are located on Tribal land, describe the proposed process for coordinating as relevant with the Tribal Government(s) or other types of relevant bodies for the identification, prioritization, plugging and abandonment of MCWs, and pre- and post-plugging methane emissions measurement from MCWs.

c. Describe how information regarding the activities of the State under this grant will be made available on a public website.

d. Describe any subawards that are expected to be issued to State regulatory agencies, municipalities, or other organizations.

3. Estimated Impacts of the Approach

a. Provide an estimate of the number of MCWs on non-Federal lands in the State that will be permanently plugged and abandoned under this program, including the basis of estimates.

b. Provide an estimate of the amount of methane emissions to be mitigated by well plugging activities, including the basis of estimates.

4. Buy America Requirements for Infrastructure Projects

a. Within the first 2 pages of the Workplan, include a short statement on whether the project will involve the construction, alteration, and/or repair of infrastructure in the United States. See Appendix D for applicable definitions and other information to inform this statement.

v. Resumes

A resume provides information that can be used by reviewers to evaluate the individual’s relevant skills and experience of the key project personnel.

Applicants must submit a no more than three-page resume for each project manager and Senior/Key personnel that includes the following:

1. Contact Information;

2. Education: Include all academic institutions attended, major/area, degree;

3. Training: e.g. certification or credential from a Registered Apprenticeship or Labor Management Partnership

4. Professional Experience: Beginning with the current position, list professional/academic positions in chronological order with a brief description;

5. List all current academic, professional, or institutional appointments, foreign or domestic, at the applicant institution or elsewhere, whether or not remuneration is received, and, whether full-time, part-time, or voluntary; and

6. There should be no lapses in time over the past ten years or since age 18, whichever time period is shorter.

Save the resumes in a single PDF file named “Resumes.pdf” and click on “Add Optional Other Attachment” to attach.

vi. Community Partnership Documentation (if applicable) In support of the Community Benefits Plan, applicants may submit documentation to demonstrate existing or planned partnerships with community entities, such as organizations that work with local stakeholders most vulnerable to or affected by the project. Examples of such as entities include organizations that carry out workforce development programs, labor unions, Tribal organizations, and community-based organizations that work with disadvantaged communities. The Partnership Documentation can be a letter on the partner’s letterhead outlining the planned partnership signed by an officer of the entity, a Memorandum of Understanding, or other similar agreement. Such letters must state the specific nature of the partnership and must not be general letters of support. If the applicant intends to enter into Workforce and Community Agreements as part of the Community Benefits Plan, they should include letters from proposed partners. Each letter must not exceed 1 page. In total, the partnership documentation must not exceed 10 pages.

Save the Community Partnership Documentation in a single PDF file named “PartnershipDoc.pdf” and click on "Add Optional Other Attachment" to attach.

vii. Budget Justification Workbook

Applicants must complete the Budget Justification Workbook. This workbook is included as an attachment to this announcement for use and to describe the level of detail required in the budget justification. Although the data requested is mandatory, the use of the budget justification workbook is not. Applicants must complete each tab of the Budget Justification Workbook for the project as a whole, including all work to be performed by the prime recipient and its subrecipients and contractors. Applicants should include costs associated with implementing the various requirements (e.g., Buy America Requirements for Infrastructure projects, Davis Bacon, Community Benefits Plan, reporting, oversight) and with required annual audits and incurred cost proposals in their proposed budget documents. Such costs may be reimbursed as a direct or indirect cost. The “Instructions and Summary” included with the Budget Justification Workbook will auto-populate as the applicant enters information into the Workbook. Applicants must carefully read the “Instructions and Summary” tab provided within the Budget Justification Workbook.

Save the Budget Justification Workbook in a single Microsoft Excel file named “Recipient_Budget_Justification.xls or xlsx” and click on “Add Optional Other Attachment” to attach.

viii. Subrecipient Budget Justification (if applicable)

Applicants must provide a separate budget justification for each subrecipient that is expected to perform work estimated to be more than $250,000 or 25 percent of the total work effort, if that amount is less than $250,000 (whichever is less). The budget justification must include the same justification information described in the “Budget Justification Workbook” section above.

Save each subrecipient budget justification in a Microsoft Excel file named “Subrecipient_Budget_Justification.xls or xlsx” and click on “Add Optional Other Attachment” to attach.

ix. Head of State Government Letter Applicants shall provide a “Head of State Government Letter”, documenting their appointment as the sole entity within the State to apply for, receive, and administer the award as authorized by this ALRD.

Save the information in a single PDF file named “HGLetter.pdf” and click on “Add

x. Pre-Award Information Sheet

Applicants are required to complete a Pre-Award Information Sheet and submit it with their application. The Pre-Award Information Sheet is included as an attachment to this announcement.

Save the information in a single PDF file named “Pre-Award Info.pdf” and click on “Add Optional Other Attachment” to attach.

xi. SF-LLL: Disclosure of Lobbying Activities

Recipients and subrecipients may not use any federal funds to influence or attempt to influence, directly or indirectly, congressional action on any legislative or appropriation matters.

Recipients and subrecipients are required to complete and submit SF-LLL, “Disclosure of Lobbying Activities” (https://www.grants.gov/web/grants/forms/sf-424-individual-family.html) to ensure that non-federal funds have not been paid and will not be paid to any person for influencing or attempting to influence any of the following in connection with the application:

• An officer or employee of any federal agency;

• A member of Congress;

• An officer or employee of Congress; or

• An employee of a member of Congress.

xii. Foreign Entity Waiver Requests and Foreign Work Waiver Requests

Foreign Entity Participation For projects selected under this ALRD, all subrecipients and subcontractors must qualify as domestic entities. To request a waiver of this requirement, the applicant must submit an explicit waiver request in the Full Application.

Appendix C lists the information that must be included in a waiver request.

https://www.grants.gov/web/grants/forms/sf-424-individual-family.html

Foreign Work Waiver Request As set forth in Section IV.F.iv., all work for projects selected under this ALRD must be performed in the United States. To request a waiver of this requirement, the applicant must submit an explicit waiver request in the Full Application. Appendix C lists the information that must be included in a foreign work waiver request.

Save the Waivers in single PDF file named “FN_Waiver.pdf” and click on “Add

xiii. Community Benefits Plan: Job Quality and Equity The Community Benefits Plan: Job Quality and Equity (Community Benefits Plan or Plan) must set forth the applicant’s approach to ensuring that federal investments advance four goals: 1) community and labor engagement; 2) investing in job quality and workforce continuity; 3) advancing diversity, equity, inclusion, and accessibility (DEIA); and 4) contributing to the Justice40 Initiative.

The below sections include the requirements for each goal. The Community Benefits Plan should indicate the applicant’s intention to engage meaningfully with labor and community stakeholders on these goals, including the potential of entering into formal Workforce and Community Agreements. Given project complexity and sensitivities, applicants should consider pursuing multiple agreements.

For your convenience, a Community Benefits Plan template is available at: About Community Benefits Plans. Applicants are strongly encouraged to use the template to complete their specific Plan. If the template is not used, the Plan must address all of the elements described below, and as outlined in the template.

The applicant’s Community Benefits Plan must include at least one Specific, Measurable, Attainable, Realistic, and Timely (SMART) milestone per budget period to measure progress on the proposed actions. The Plan will be evaluated as part of the technical review process. If DOE selects a project, DOE will incorporate the Community Benefits Plan into the award, and the recipient must implement its Community Benefits Plan when carrying out its project. Public transparency around the plan and SMART commitments ensures accountability.

In addition, DOE will evaluate the recipient’s progress during the award period of performance, including as part of the Go/No-Go review process.

The Community Benefits Plan must not exceed 10 pages. It must be submitted in PDF format. This Plan must address the technical review criterion titled, “Community Benefits Plan: Job Quality & Equity.” See Section V. of the ALRD.

For additional information, see About Community Benefits Plans.

https://www.energy.gov/clean-energy-infrastructure/about-community-benefits-plans https://www.energy.gov/clean-energy-infrastructure/about-community-benefits-plans https://www.energy.gov/bil/community-benefits-plan-frequently-asked-questions-faqs

The Community Benefits Plan must address the following:

1. Community and Labor Engagement: The Community Benefits Plan must describe the applicant’s actions to date and plans to engage with community partners, such as local and/or Tribal Governments, labor unions, and community-based organizations that support or work with underserved communities, including Disadvantaged Communities as defined for purposes of the Justice40 Initiative. By facilitating community input, social buy-in, and accountability, such engagement can substantially reduce or eliminate stalls or slowdowns, litigation, and other risks associated with project implementation. Community and labor engagement should lay the groundwork for the negotiation of Workforce and Community Agreements, which could take the form of one or more kinds of negotiated agreements with communities, labor unions, or, ideally, both.

Registered apprenticeship programs, labor-management training partnerships, quality pre-apprenticeship programs, a card check provision, and local and targeted hiring goals are all examples of provisions that Workforce and Community Agreements could cover that would increase the success of a DOE-funded project.

Applicants should also provide Community and Labor Partnership Documentation from representative organizations reflecting substantive engagement and feedback on applicant’s approach to community benefits including job quality and workforce continuity; diversity, equity, inclusion, and accessibility; and the Justice40 Initiative detailed below.

2. Investing in Job Quality and Workforce Continuity: A well-qualified, skilled, and trained workforce is necessary to ensure project stability, continuity, and success, and to meet program goals. High-quality jobs are critical to attracting and retaining the qualified workforce required.

The Plan must describe the applicant’s approach to investing in workforce education and training of both new and incumbent workers and ensuring jobs are of sufficient quality to attract and retain skilled workers in the industry.

As the 1935 National Labor Relations Act states, employees’ ability to organize, bargain collectively, and participate, through labor organizations of their choosing, in decisions that affect them contributes to the effective conduct of business and facilitates amicable settlements of any potential disputes between employees and employers, providing assurances of project efficiency, continuity, and multiple public benefits.

The Plan must include:

a. A summary of the applicant’s plan to attract, train, and retain a skilled and well qualified workforce for both construction and ongoing operations/production activities. A collective bargaining agreement, labor-management partnership, or other similar agreement would provide evidence of such a plan. Alternatively, applicants may describe:

i) wages, benefits, and other worker supports to be provided as benchmarking against prevailing wages for construction and local median wages for other occupations;

ii) commitments to invest in workforce education and training, including measures to reduce attrition, increase productivity from a committed and engaged workforce, and support the development of resilient, skilled, and stable workforce for the project; and

iii) efforts to engage employees in the design and execution of workplace safety and health plans.

b. It is the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association. Applicant should provide a description of how and if they plan to affirmatively support worker organizing and collective bargaining. This might include a commitment to negotiate pre-hire project labor agreements for construction activity, a pledge to remain neutral during any union organizing campaigns, intention or willingness to permit union recognition through card check (as opposed to requiring union elections), intention or willingness to enter into binding arbitration to settle first contracts, a pledge to allow union organizers access to appropriate onsite non-work places (e.g., lunch rooms), a pledge to refrain from holding captive audience meetings, and other supportive commitments or pledges.

3. DEIA: The Community Benefits Plan must include a section describing how diversity, equity, inclusion, and accessibility (DEIA) objectives will be incorporated into the project.