FundOpp_DE-FOA-0003401.pdf

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TRIBAL CLEAN ENERGY PLANNING AND DEVELOPMENT - 2025
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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. It solicits applications from Indian Tribes, Intertribal Organizations, and Tribal Energy Development Organizations to: (1) conduct clean energy planning; (2) assess the feasibility and viability of deploying clean energy technology; or (3) conduct clean energy project design and development activities for deployment on Tribal Buildings or Tribal Lands.

The FOA has three topic areas, with DOE funding ranging from $100,000 to $350,000 for Topic Area 1 (Tribal Clean Energy Planning), $100,000 to $1,000,000 for Topic Area 2 (Comprehensive Clean Energy Feasibility and Viability Assessment), and $250,000 to $2,500,000 for Topic Area 3 (Design and Development of Clean Energy Projects). The FOA expects to make approximately $25 million in total federal funding available for 20 to 40 new awards. Unless approved for a cost share reduction from 10% to 0%, applicants must provide at least 10% non-federal cost share. The submission deadline is January 23, 2025, with anticipated award selections in the summer of 2025. The FOA is authorized under the Indian Tribal Energy Development and Self Determination Act of 2005 and will be administered under 2 CFR Part 200 and 2 CFR Part 910.

DE-FOA-0003401

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DEPARTMENT OF ENERGY (DOE)

OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS

TRIBAL CLEAN ENERGY PLANNING AND DEVELOPMENT - 2025

Funding Opportunity Announcement (FOA) Number: DE-FOA-0003401

FOA Type: Initial Assistance Listing Number: 81.087

FOA Issue Date: September 27, 2024, 2024

Informational Webinar: October 24, 2024 at 3:00 pm Eastern Time

Submission Deadline for Applications: January 23, 2025 at 5:00 pm Eastern Time

Expected Date for DOE Selection Notifications:

Summer 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 Identifier (UEI) and registering in or maintaining an active account in the System for 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.

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 AREAS

1. Topic Area 1: Tribal Clean Energy 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

2. Topic Area 2: Comprehensive Clean Energy Feasibility and Viability Assessment

3. Topic Area 3: Design and Development of Clean Energy Projects

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 Reduction Request

3. Cost Share Allocation

4. Cost Share Types and Allowability

5. Cost Share Contributions by FFRDCs

6. Cost Share Verification

7. 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 and Cost Sharing File

7. Participant Letters of Commitment and Cost Sharing 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. Cost Share Reduction Request

13. Applicant Registration Certifications

14. SF-LLL: Disclosure of Lobbying Activities

15. Locations of Work File

16. Potentially Duplicative Funding Notice (PDFN) File

17. Supplemental Information File

18. Energy Options Analysis File (Required for Topic Area 2 Only)

19. Comprehensive Clean Energy Feasibility and Viability Assessment File (Required for Topic Area 3 Only)

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 Indian Tribes, which include Alaska Native Regional Corporations and Village Corporations (hereafter referred collectively as “Indian Tribes”), Intertribal Organizations, and Tribal Energy Development Organizations to (1) conduct clean energy planning (Topic Area 1); (2) comprehensively assess the feasibility and viability of deploying clean energy technology (Topic Area 2); or (3) conduct clean energy design and development activities (Topic Area 3). (See Section III.A.

for eligibility information and Appendix A for the definitions).

Total Amount to be Awarded

Approximately $25 million in federal funds. DOE anticipates making approximately 20 to 40 awards under this FOA. DOE may issue awards in one, multiple, or none of the Topic Areas.

Award Amount (Minimum and Maximum)

DOE funding per individual award under each Topic Area will range from:

(1) Clean Energy Planning (Topic Area 1): No less than $100,000 to a maximum of $350,000,

(2) Clean Energy Feasibility and Viability Assessment (Topic Area 2): No less than $100,000 to a maximum of $1,000,000, and

(3) Development of Clean Energy Projects (Topic Area 3): No less than $250,000 to a maximum of $2,500,000.

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

Pursuant to its authorizing statute, DOE’s Office of Indian Energy will only consider applications from: (1) an Indian Tribe; (2) Intertribal Organization, or (3) Tribal Energy Development Organization; and (4) on whose Tribal Building(s) and Tribal Lands the assessed project(s) will be located (see Section III.A., Eligibility Information, and Appendix A for further definition). Applications from a consortium of Indian Tribes (Tribal Consortium) will be accepted but must be submitted by a single Indian Tribe acting as the Applicant representing the Consortium. Applications may also be submitted on behalf of Indian Tribe(s) by an authorized Tribal Organization, provided evidence of that authority is supplied as part of the application. See Section III.A. for eligibility requirements and definitions. DOE

[2]

Funding Opportunity Overview 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

A 10% cost share of the total allowable costs of the project (i.e., the sum of the federal share, and the non-federal Recipient cost share of allowable costs equals the total allowable cost of the project) is required, unless the 10% cost share requirement is reduced to 0% as described in the FOA. All cost share must come from non-federal sources unless otherwise allowed by law (see Section III.B. for instances where additional federal funds can be used against the total project costs or as non-federal cost share, as allowed to by law). If requested by the Applicant as part of its application, a cost share reduction from 10% to 0% may be considered, based on poverty rate and median household income of the tribal community relative to the statewide median household income (see Section III.B.2. and ‘Application Forms and Templates’ for this FOA on IE-Exchange).

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 submit more than one application to this FOA (including more than one application under a particular Topic Area), provided each application is for a distinctively different project and each application addresses only one Topic Area. Each application must have a distinct title, unique Control Number as assigned by IE-Exchange during the registration process, and be readily distinguishable. Each application must be limited to a single unique and distinct project; unrelated projects cannot be consolidated in a single application.

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 mailto:TribalGrants@hq.doe.gov mailto:ExchangeHelp@hq.doe.gov https://ie-exchange.energy.gov/ https://ie-exchange.energy.gov/Manuals.aspx https://ie-exchange.energy.gov/Manuals.aspx

[3]

Funding Opportunity Overview 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.

[4]

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 and Tribal Land eligibility as part of their application (see Section IV.C.5.).

• Statements of Commitment and Cost Sharing: All Applicants are required to submit a Commitment and Cost Sharing File, which must include a statement of commitment and cost sharing 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 under the Participant Letters of Commitment and Cost Sharing File (see Section IV.C.7.).

Tribal Organization Authority: If an application is being submitted on behalf of Indian

Tribe(s) by an authorized Tribal Organization, evidence of that authority is required as part of the application, along with a statement of commitment and cost sharing from the Tribal Organization, and a letter of commitment from all other project participants. Evidence may include, but is not limited to, a constitution, resolution, ordinance, executive order, charter, or other legal documentation (see Section IV.C.5., Eligibility Statements and Evidence).

• 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.).

[5]

• 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 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 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.

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 must be allowable under the applicable federal cost principles, as described in Section III.B. of the FOA.

In addition, cost share 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 Tribal Council Resolution or Declaration of Commitment and Cost Sharing 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 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 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E

[6] 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.

[7]

TRIBAL CLEAN ENERGY PLANNING AND DEVELOPMENT -

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 solutions. In support of these objectives, the DOE Office of Indian Energy is soliciting

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

[8] applications for the planning, assessment, and development of clean energy projects on Tribal Buildings or Tribal Lands.

Through grants, the DOE Office of Indian Energy intends to provide financial support under the provisions of the Title V of EPAct 2005. Specifically, DOE’s Office of Indian Energy is soliciting applications from Indian Tribes, which include Alaska Native Regional Corporations and Village Corporations (hereafter referred collectively as “Indian Tribes”), Intertribal Organizations, and Tribal Energy Development Organizations to: (1) conduct clean energy planning; (2) assess the feasibility and viability of deploying clean energy technology; or (3) conduct clean energy project design and development activities for deployment on Tribal Buildings or Tribal Lands.

See definitions below and in Appendix A.

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 Indian Tribe, Intertribal Organization, or Tribal Energy Development Organization must also demonstrate the organizational and technical readiness and 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 AREAS

The FOA is soliciting applications for:

1) Tribal Clean Energy Planning (Topic Area 1); or,

2) Comprehensive Clean Energy Feasibility and Viability Assessment (Topic Area 2); or,

3) Design and Development of Clean Energy Projects (Topic Area 3).

[9]

Projects selected under Topic Area 1 (Tribal Clean Energy Planning) 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.

Projects selected under Topic Area 2 (Comprehensive Clean Energy Feasibility and Viability Assessment) are intended to result in a comprehensive project plan sufficient to move a project to the design and development phase of a clean energy project on Tribal Buildings or Tribal Land (see Topic Area 3). It is anticipated that the proposed comprehensive feasibility and viability assessment, as a minimum, is based on a completed energy options analysis (see Topic Area 1). See Section I.B.2. for more information.

Projects selected under Topic Area 3 (Design and Development of Clean Energy Projects) are intended to result in projects ready for deployment (final design, installation, commissioning and monitoring) of clean energy technology on Tribal Buildings or Tribal Lands. It is intended that the proposed development activities are the result of a comprehensive feasibility and viability assessment (see Topic Area 2). See Section I.B.3 for more information.

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

“Clean Energy Technology” for the purposes of this FOA include: (1) clean energy generating system(s), (2) energy efficiency measures, or (3) integrated energy system(s), and (4) may include energy infrastructure. See definitions under Appendix A.

“Clean Energy Generating System(s)” for the purposes of this FOA include: (1) renewable energy system(s), or (2) combined heat and power system(s) using renewable fuels such as biomass, biogas, renewable natural gas, or renewable hydrogen. See definitions under Appendix A.

“Energy Efficiency Measure(s),” for the purposes of this FOA, means the implementation of a

(1) building efficiency measure(s), or an (2) industrial process efficiency measure(s). For the purposes of this FOA, “energy efficiency” is not the same as “energy conservation”, which is not eligible under this FOA (see Section I.C., Applications Specifically Not of Interest). See definitions under Appendix A.

“Integrated Energy System(s)”, for the purposes of this FOA, include: (1) clean energy generating system(s); (2) controls and management system(s); and (3) energy storage system(s). Such systems may also include (4) conventional energy generation device(s);

[10] however, conventional energy generation device(s) are intended only as a dispatchable stand-by power source. See definitions under Appendix A.

“Energy Infrastructure,” for the purposes of this FOA, means electric power distribution technologies to transport electricity from the transmission system to individual consumers and may include, but is not limited to, distribution substations, circuits, circuit breakers, switchgear, busbars, distribution lines, distribution transformers, capacitors, voltage regulators, meters, and utility poles.

“Tribal Building(s),” for the purposes of this FOA, is a single or multiple buildings located on Tribal Lands, where the eligible tribal entity has or has been granted certain rights and duties, specifically the ability to exercise authority, direction, and control over the project. Note that ownership may be private, collective, or common and some of those rights and duties may be held by different parties. Tribal Building(s) are those where the eligible tribal entity has the authority to augment or modify the building and where the building is owned by the eligible tribal entity or tribal members or tribal organization, or the eligible tribal entity has a long-term lease (as a minimum, for the useful life of the proposed project). Tribal Buildings may include, but are not limited to, tribal member homes, schools, community buildings, clinics/hospitals, tribal government buildings, fire stations, police stations, radio stations, washaterias, utility facilities (such as water/wastewater systems), or tribal businesses.

See Section III.A. (Eligible Applicants) or Appendix A for the definition of Tribal Lands.

1. Topic Area 1: Tribal Clean Energy Planning

Under Topic Area 1, the DOE Office of Indian Energy is soliciting applications to conduct clean energy planning. Projects selected under Topic Area 1 (Tribal Clean Energy Planning) 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 Topic Area 1, may include, but are not limited to:

(1) Strategic energy planning;

(2) Conducting an Energy Options Analysis;

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

(4) Developing an energy organization or office;

(5) Conducting climate resiliency planning;

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

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

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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 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 Topic Area 1 are not required to be based on a completed Energy Options Analysis and, therefore, the template provided is for informational purposes only.

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

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The results of an Energy Options Analysis is intended to be of sufficient depth that, based on the analysis, a comprehensive 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 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.

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• 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 tribal utility, energy office, Energy Service Company (ESCO), tribal energy committee, tribal energy commission, 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 of Applicant, 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 Applicants long-term strategic energy plan and implementation opportunities (i.e., utility, energy office, ESCO, tribal committee, or other organizational unit)

• Establishment of an energy organization or tribal unit for managing tribal energy resources or implementing the tribal strategic energy plan

• Enhancement of an existing tribal energy organizational unit or function for managing tribal energy resources or implementing the tribal strategic energy plan

• Establishment of a regional or National intertribal energy consortium

e. Climate Resiliency Planning

Climate Resiliency Planning activities are for conducting climate change preparedness and resiliency planning to help Indian Tribes, Intertribal Organizations and Tribal Energy Resource Development Organizations 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 on Tribal Lands Including an assessment of climate vulnerabilities to Tribal Lands 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.

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• 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 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 Tribal staff, 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 Applicant 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 Tribal 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).

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• 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 Applicant.

2. Topic Area 2: Comprehensive Clean Energy Feasibility and Viability Assessment

Under Topic Area 2, the DOE Office of Indian Energy is soliciting applications to comprehensively assess the feasibility and viability of clean energy. The Comprehensive Clean Energy Feasibility and Viability Assessment is intended to result in a comprehensive project plan sufficient for to move the project to the design and development phase (see Topic Area 3) of a clean energy project on Tribal Buildings or Tribal Land. It is anticipated that the proposed Comprehensive Clean Energy Feasibility and Viability Assessment, as a minimum, is based on a completed energy options analysis (see Topic Area 1).

“Comprehensive Clean Energy Feasibility and Viability Assessment”, for purposes of this FOA, is an assessment of the practicality of a proposed project plan. A Comprehensive Clean Energy Feasibility and Viability Assessment should clearly identify the need, demonstrate the rationale for selecting the proposed clean energy technology as opposed to other options, demonstrate the availability of the resource, demonstrate the technical and economic viability, including an interconnection analyses (if applicable), and financial sustainability, of the proposed clean energy system(s).

A sample Energy Options Analysis format has been provided under ‘Application Forms and Templates’ on IE-Exchange. The use of the Energy Options Analysis template is not required, but the information included within the Energy Options Analysis template is required.

It is anticipated that the proposed Comprehensive Clean Energy Feasibility and Viability assessment, as a minimum, is based on a completed energy options analysis which: (1) identifies and quantifies the need, (2) establishes overall energy objectives, (3) defines specific project goals, (4) identifies and evaluates options, (5) screens options, and (6) selects a project concept for further analysis based on a pre-feasibility assessment.

A comprehensive assessment of the feasibility and viability of deploying clean energy technology must result in a report that:

• Clearly identifies the need,

• Demonstrates the rationale for selecting the proposed clean energy technology as opposed to other options,

• Demonstrates the availability of the resource, [16]

• Demonstrates the technical and economic viability, including interconnection analyses (if applicable) and financial sustainability, of the proposed clean energy technology project, and

• Defines a business plan, including a project business structure, financing plan and associated business agreements (e.g., power purchase agreements, transmission or interconnection agreements).

And,

• Be based on an energy options analysis (see Section I.B.1.b. above). A sample Energy Options Analysis format has been provided under ‘Application Forms and Templates’ on IE-Exchange.

More specifically, the comprehensive assessment of the feasibility and viability of deploying clean energy technology is intended to result in a comprehensive project plan sufficient for the design and development of a clean energy project.

The comprehensive assessment should include plans to conduct:

1) Site-specific energy resource assessment(s);

2) Load assessment(s);

3) Energy audits or industrial energy assessments, documenting current energy consumption or heating and cooling loads;

4) Transmission and interconnection evaluation, including net metering policies and ancillary interconnection infrastructure;

5) Technology analysis;

6) Economic analysis, including a pro forma income statement, pro forma cash flow analysis and its findings (e.g., Internal Rate of Return, Net Present Value), and payback period calculations;

7) Preliminary environmental evaluation (i.e., benefits and impacts), including identifying permits, studies and approvals needed;

8) Benefits assessment (e.g., employment, cultural and social);

9) Permitting and approvals assessments, including if applicable, lease and rights-of-way agreements;

10) Risk assessment, including identifying potential barriers and developing mitigations strategies;

11) Training and other tribal professional development planning;

12) Long-term operating and maintenance planning; and

13) Business planning (i.e. project business structure, financing plan, and associated business agreements (e.g., power purchase agreements, transmission or interconnection agreements)) for implementing a sustainable clean energy project.

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3. Topic Area 3: Design and Development of Clean Energy Projects

Under Topic Area 3, the DOE Office of Indian Energy is soliciting applications for the design and development of clean energy projects. Projects selected under Topic Area 3 (Design and Development of Clean Energy Projects) are intended to result in projects ready for deployment of commercially-proven warrantied clean energy technology on Tribal Buildings or Tribal Lands.

“Development” for purposes of this FOA refers to activities prior to hardware installation and may include, but is not limited to, design and engineering (except final design and engineering), economic analyses, environmental evaluations and studies, policy and regulatory assessment, market and interconnection studies, risk analysis and mitigation planning, operations and maintenance planning, organizational structure and financing planning.

“Deployment” for purposes of this FOA means the installation of clean energy technology and may include: final design and engineering, selection of contractors, obtaining permits and approvals,…

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