[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Notices]
[Pages 41297-41300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17612]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Grant Program To Build Tribal Energy Development Capacity
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Solicitation of Proposals.
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SUMMARY: The Secretary of the Interior (Secretary), through the Office
of Indian Energy and Economic Development (IEED), is soliciting grant
proposals from Federally-recognized Indian tribes for projects to build
tribal capacity for energy resource development under the Department of
the Interior's (DOI) Tribal Energy Development Capacity (TEDC) grant
program. Under the Energy Policy Act of 2005, 25 U.S.C. 3502 (Act),
Congress appropriates funds on a year-to-year basis to DOI for grants
of funds to Indian tribes for use in assessing, developing, and
sustaining the managerial and technical capacity needed to develop
energy resources on Indian land and properly accounting for resulting
energy resource production and revenues. We will use a competitive
evaluation process based on criteria stated in the SUPPLEMENTARY
INFORMATION section of this notice to select projects for funding
awards.
DATES: Submit grant proposals August 29, 2011. Grant proposals must be
postmarked by this date or they may not be considered.
ADDRESSES: Mail or hand-carry grant proposals to the Department of the
Interior, Office of Indian Energy & Economic Development, Attention:
Ashley Stockdale, 1951 Constitution Avenue, NW., MS 20-SIB, Washington,
DC 20245, or e-mail to Ashley Stockdale at Ashley.Stockdale@bia.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions about the TEDC
program, or have technical questions about the tribal energy resource
capacity you wish to develop, please contact David B. Johnson at the
Office of Indian Energy and Economic Development, 1951 Constitution
Avenue, NW., MS 20-SIB, Washington, DC 20245, telephone 202-208-3026,
fax 202-208-4564, e-mail DavidB.Johnson@bia.gov.
SUPPLEMENTARY INFORMATION:
A. Background
The IEED administers the TEDC grant program for the benefit of
Federally-recognized Indian tribes that wish to build capacity to
develop conventional or renewable energy resources on tribal lands. The
TEDC grant program helps such tribes in assessing, developing or
sustaining the managerial and technical capacity needed to develop
energy resources on Indian land and to properly account for resulting
energy production and revenues, as provided for in the Act, Title V,
Section 503.
Title V, Section 503 of the Act also amended Title XXVI (Indian
Energy) of the Energy Policy Act of 1992 to provide for Tribal Energy
Resource Agreements (TERAs). The TERAs are agreements between
Federally-recognized Indian tribes and the Secretary that allow the
tribe, at its discretion, to enter into leases, business agreements,
and rights-of-way for energy resource development on tribal lands
without further review and approval by the Secretary. The Act and the
implementing regulations (25 CFR Part 224) provide that the Secretary
must determine that a tribe has the capacity to regulate the
development of its energy resource(s) before approving a TERA. The TEDC
grants are, therefore, particularly useful to tribes that may wish to
pursue a TERA, since the funds are used to help fulfill one of the key
requirements for TERA approval--demonstrating capacity to perform the
administrative and technical functions included in a TERA. Tribes that
are not considering entering into a TERA may also benefit from a TEDC
grant for energy resource development on Indian land under other
options available to tribes, such as Indian Mineral Development
Agreements.
The information collection requirements contained in this notice
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have been reviewed and approved by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3504(h). The OMB
control number is 1076-0177. The authorization expires on July 31,
2014. An agency may not conduct or sponsor, and you are not required to
respond to, any information collection that does not display a
currently valid OMB Control Number.
B. General Requirements for TEDC Grant Proposals
1. The TEDC grant proposals must be submitted to IEED in digital
format and postmarked by the date in the DATES section.
2. Proposals should be presented succinctly, yet in enough detail
to allow the TEDC grant evaluation team to quickly and thoroughly
understand the purpose, scope and objectives of the proposal.
3. Projects proposed under the TEDC grant program must be capable
of being completed within one year of a grant award.
4. The TEDC grant projects may not duplicate previous or ongoing
energy resource development capacity building projects.
5. The TEDC grant projects may not include any activities that
duplicate efforts of other projects for which federal funds have
previously been awarded.
6. Tribes currently under Bureau of Indian Affairs sanction
resulting from non-compliance with the Single Audit Act may be
ineligible for consideration of a grant award.
7. The TEDC grant proposals will be deemed incomplete, or, at a
minimum, points will be deducted, if all mandatory components are not
included.
C. Purposes of TEDC Grants
The TEDC grants are intended to help Indian tribes meet the
following goals as they relate to assessing, developing, and/or
sustaining tribal energy resource development capacity for energy
resource(s) the tribe intends to or is developing on Indian land:
1. Determine the current level of the tribe's scientific,
technical, administrative, or financial management capacity for
identified energy resource development activities;
2. Determine which scientific, technical, administrative, or
financial management capacities for tribal energy resource development
need enhancement;
3. Determine what process(es) and/or procedure(s) may be used to
eliminate capacity gaps or sustain the continued development of energy
resource development capacity (including training); and
4. Determine how the process(es) and/or procedure(s) identified in
(c) will be implemented.
D. Activities Eligible for TEDC Grant Funding
Examples of activities eligible for TEDC grants include, but are
not limited to, assessing or determining how to develop or sustain the
tribe's capacity for:
Reviewing proposals for leases, business agreements, and
rights-of-way;
Negotiating and reviewing leases, business agreements, or
rights-of-way;
Evaluating the environmental effects of energy resource
development projects a tribe may enter into, including those related to
cultural resources;
Monitoring the compliance of a third party with the terms
and conditions of any leases, business agreements, and rights of-way a
tribe may enter into;
Establishing and/or managing energy development-related
departments or administrative divisions within the tribe;
Providing for energy development-related technical,
scientific, and/or engineering expertise within the tribe;
Developing or enhancing tribal codes, regulations, or
ordinances related to regulating energy resource development; and
Accounting for energy resource production and revenues.
E. Activities Ineligible for TEDC Grant Funding
Feasibility studies and energy resource assessments;
Purchase of resource assessment data;
Research and development of speculative or unproven
technologies;
Purchase or lease of equipment for the development of
energy resources;
Payment of fees or procurement of any services associated
with energy assessment or exploration or development activity;
Payment of tribal salaries for employees not directly
involved in conducting the assessment project and payment of salaries
beyond the one-year project;
Establishment or operation of a tribal office or
purchasing office equipment not specific to the capacity building
project;
Indirect costs and overhead as defined by the Federal
Acquisition Regulations (FAR);
Purchase or lease of project equipment such as computers,
vehicles, field gear, etc;
Legal fees;
Contract negotiation fees; and
Any other activities not authorized by the tribal
resolution or by the approved proposal.
F. TEDC Grant Proposal Mandatory Components
Component 1--Tribal Resolution
Provide a current tribal resolution or other formal, official
action of the tribe's governing entity, such as a tribal council or
tribal business committee or executive committee, as established under
tribal or Federal law and recognized by the Secretary. This document
should be signed by a duly authorized tribal official representing the
tribe's governing body.
Component 2--TEDC Grant Project Description
(a) Tribal point of contact, including name, title, mailing
address, telephone and fax numbers, and e-mail address;
(b) Name and title of responsible party(ies) for technical
execution and administration of the project;
(c) Amount of funding requested for the project;
(d) Description of the tribe's identified energy resource(s);
(e) Scope of work describing the proposed project, including:
capacity areas related to the identified energy resource on which the
proposal's assessment(s) will focus and the approach and justification
of the approach to be used in assessing, developing or sustaining the
tribe's capacity to manage energy resource development activities and
to determine next steps to be taken to eliminate any identified
capacity gaps;
(f) Objectives of the proposal describing how the proposed project
will contribute to the tribe's capacity building (in assessing,
developing or sustaining particular identified areas to be included in
the project);
(g) Method of measurement of meeting stated objectives of the
proposed project, including data collection and analysis;
(h) Description of deliverable products the proposed project will
generate;
(i) Completion date for proposed project, date for interim progress
report, and date for final report (see Section I--Post-Award
Requirements below);
(j) Resumes of key personnel (tribal employees, consultants,
subcontractors) who will work on the proposed project, including
information on expertise; and
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(k) Description of the tribe's current staff and/or tribal
financial resources the tribe plans to apply to performance or
completion of the objectives in the tribe's TEDC grant proposal.
Component 3--Existing and Prior Energy Resource Development Experience
(a) Description and examples of the tribe's experience with energy
resource development activities, including any previous or current
capacity assessment and energy resource assessment, feasibility
studies, exploration for or development of specific energy resource(s);
and
(b) Description of the tribe's experience and level of existing
capacity to manage and regulate energy resource development in areas
including, but not limited to:
(1) Land and lease management (including evaluation, negotiation,
and enforcement of terms);
(2) Technical, scientific, and engineering evaluation;
(3) Financial and revenue management;
(4) Production accounting;
(5) Environmental review, monitoring, compliance, and enforcement;
(6) Regulatory monitoring (Federal, state, and tribal environmental
and safety regulations); and
(7) Tribal environmental code, regulation, or ordinance development
or enhancement.
(c) List of all previous or on-going energy resource development
capacity building projects for which the tribe has received Federal
funds, the source or the funds (e.g., Department of Energy, US
Environmental Protection Agency, or DOI), the year(s) for which funds
were awarded, and whether such projects were completed and completion
dates.
Component 4--Planned Energy Resource Development
(a) Description of the tribe's planned energy resource development
activities including capacity assessment, energy resource assessment,
feasibility studies, exploration for or development of specific energy
resource(s); and
(b) Description of the tribe's plans for managing energy resource
development and growth (including plans to develop or enhance tribal
offices or independent tribal business entities related to energy
resource development, if any).
Component 5--Detailed Budget Estimate
(1) Provide a detailed, line-by-line budget, including all
projected and anticipated expenditures under the TEDC grant proposal,
covering the amount of funding requested;
(2) Provide in the budget a breakdown for the proposal's line items
that involve several components or contain numerous sub-functions to
include, at a minimum:
(a) Itemize costs for all contracted personnel and consultants,
their respective positions and time (staff hour) allocations for the
proposed functions of the project or part(s) of the project;
(b) Document professional qualifications necessary to perform the
work for tribal personnel to be funded under Pub. L. 93-638 and attach
position descriptions;
(c) Specify how consultants (if any) are to be used and include
documentation that clearly identifies the qualifications of any
proposed consultants;
(d) Itemize consultant fees and include a line item breakdown of
costs associated with each consultant activity. If a consultant is to
be hired for a fixed fee, itemize the consultant's expenses as part of
the project budget;
(e) Itemize travel estimates by airfare, vehicle rental, training
and conference fees (if any), and lodging and per diem, based on the
current Federal Government per diem schedule;
(f) Itemize data collection and analysis costs in sufficient detail
for the IEED TEDC grant evaluation team to evaluate the proposed
expenses; and
(g) Include other expenses such as computer and other equipment
rental, report generation, drafting, and advertising costs for a
proposal.
G. Evaluation and Ranking Criteria
The IEED TEDC grant evaluation team will review and evaluate grant
proposals on a 100 point system based on the following factors
(Mandatory Component 1, the tribal resolution, will not be evaluated):
(1) Mandatory Component 2--TEDC Grant Project Description--30 Points
The IEED TEDC grant evaluation team will use the grant project
description objectives, measurement methods, deliverables, and
commitment of staff and/or resources to the project as part of its
evaluation of the project proposal to determine how likely the project
is to result in quantifiable results to the tribe in terms of capacity
building to benefit the tribe's future energy resource development.
(2) Mandatory Component 3--Existing and Prior Energy Resource
Development Experience--20 Points
The IEED TEDC grant evaluation team will use the tribe's existing
and prior energy resource development experience as part of its
evaluation of the project proposal to determine the tribe's current
level of capacity. Prior or current energy resource development will
not, by itself, result in fewer or more assigned points. It is an
accurate description of the tribe's baseline capacity that we seek.
(3) Mandatory Component 4--Planned Energy Resource Development--25
Points
The IEED TEDC grant evaluation team will use the tribe's planned
energy resource development as part of its evaluation of the project
proposal to determine the tribe's potential for proceeding with planned
energy resource development, whether or not it has prior or current
energy resource development experience.
(4) Mandatory Component 5--Detailed Budget Estimate--25 Points
The IEED TEDC grant evaluation team will use the budget proposal as
part of its evaluation of the project to determine whether the budget
is reasonable and can produce the results outlined in the proposal
under Mandatory Component 2. A TEDC grant proposal budget that includes
sound budget projections directly related to the project objectives
will receive a more favorable ranking than those proposals that fail to
provide appropriate budget projections or that fail to reasonably
relate budget projections to the project objectives.
H. Award Notification Process
1. The TEDC grant evaluation team will forward the ranked proposals
to the Director of IEED for approval.
2. After the Director's approval, the Director will submit the
proposals to the Assistant Secretary-Indian Affairs for concurrence.
3. The Director will notify in writing tribes and tribal energy
development organizations of selection or non-selection of proposals
for awards.
I. Post-Award Requirements
Tribes that are awarded grants for TEDC projects must adhere to the
following requirements:
1. Expend TEDC grant funds only on approved project functions.
Tribes are subject to forfeiture of any remaining funds in the project
year as well as sanctions against award of any future year TEDC grant
funding for expenditures which are not approved;
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2. Prepare and submit an interim report (which may consist of a
summary of events, accomplishments, problems, and/or results) to the
IEED project coordinator by the date the tribe states in its proposal
in mandatory component 2;
3. Complete the TEDC project within one year of the award date;
4. Prepare and submit a final report, including all deliverable
products generated by the TEDC project within two weeks of completion
of the TEDC project or the anniversary of the award date, whichever
comes first; and
5. Provide all reports and deliverable products and data generated
by the TEDC project to IEED by providing one digital form and two
printed copies to IEED at: TEDC Project Coordinator, IEED, U.S.
Department of the Interior, 1951 Constitution Avenue, NW., South
Interior Building--Room 20, Washington, DC 20245.
J. Submission of Proposal
Submit proposals in digital form to the following electronic
address: Ashley.Stockdale@bia.gov. Save files with filenames that
clearly identify the file being submitted. File extensions must clearly
indicate the software application used for preparation of the
documents, (i.e., wpd, doc, pdf). Documents requiring an original
signature, such as cover letters, tribal resolutions, or other letters
of tribal authorization, must also be submitted in paper form to: ATTN:
Tribal Energy Development Capacity Proposal, TEDC Project Coordinator,
U.S. Department of the Interior, 1951 Constitution Avenue, NW., South
Interior Building--Room 20, Washington, DC 20245.
Complete proposals may be faxed to IEED at 202-208-4564 no later
than the date listed in the DATES section of this notice; however an
original signature copy, including all tribal resolutions or other
letters of tribal authorization must be received in IEED's office
within 5 working days of the deadline noted above.
Dated: June 13, 2011.
Donald E. Laverdure,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2011-17612 Filed 7-12-11; 8:45 am]
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