[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Notices]
[Pages 77161-77165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30281]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[134D0102DRDS5B800000DR.5B811.IA000913DLB000000.000000]


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 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 (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 obtaining the managerial and technical 
capacity needed to develop energy resources on Indian land and properly 
account for 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 by February 18, 2014. 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 Ave. NW., MS 20-SIB, Washington, DC

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20245, or email to Ashley Stockdale at [email protected].

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, email [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    IEED implements the Indian Energy Resource Development Program 
under Title V of the Energy Policy Act of 2005 to assist Indian tribes 
in the development of energy resources and further the goal of Indian 
self-determination. This includes the TEDC grant program for the 
benefit of Indian tribes that wish to build capacity to develop 
conventional or renewable energy resources on Indian lands. The TEDC 
grant program helps tribes in assessing, developing, or obtaining 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 Title V, Section 503, of the Energy Policy 
Act.
    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). TERAs are agreements between federally-
recognized Indian tribes and the Secretary of the Interior 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 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. 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 or self-
determination contracts or compacts.
    The information collection requirements contained in this notice 
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.

General Requirements for TEDC Grant Proposals

    1. 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. TEDC grant projects may not duplicate previous or ongoing energy 
resource development capacity building projects.
    5. 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. TEDC grant proposals will be deemed incomplete, or, at a 
minimum, points will be deducted, if all mandatory components are not 
included.

B. Purposes of TEDC Grants

    TEDC grants are intended to help Indian tribes and tribal energy 
resource development organizations meet the following goals as they 
relate to assessing, developing, or obtaining tribal energy resource 
development capacity for energy resource(s) they intend to or are 
developing on Indian land:
    1. Determine the current level of the tribe's or tribal energy 
resource development organization's technical, administrative, or 
management capacity for identified energy resource development 
activities;
    2. Determine which technical, administrative, or 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 obtain the development of energy resource 
development capacity (including training and policy and code 
development);
    4. Determine how the process(es) and/or procedure(s) identified in 
paragraph (c) will be implemented.

C. Definitions for Purpose of TEDC Grants

    1. Indian Tribe. The term ``Indian tribe'' for purposes of this 
announcement means any Indian tribe, band, nation, or other organized 
group or community, including any Alaska Native village or regional or 
village corporation as defined in or established pursuant to the Alaska 
Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], 
which is recognized as eligible for the special programs and services 
provided by the United States to Indians because of their status as 
Indians;
    2. Tribal Energy Resource Development Organization. The term 
``tribal energy resource development organization'' for purposes of 
this announcement means an organization of two or more entities, at 
least one of which is an Indian tribe, that has the written consent of 
the governing bodies of all Indian tribes participating in the 
organization to apply for a grant, loan, or other assistance under 25 
U.S.C. 3502.
    3. Indian land. The term ``Indian land'' for the purposes of this 
announcement means:
    (a) Any land located within the boundaries of an Indian 
reservation, pueblo, or rancheria;
    (b) any land not located within the boundaries of an Indian 
reservation, pueblo, or rancheria, the title to which is held:
    (i) In trust by the United States for the benefit of an Indian 
tribe or an individual Indian;
    (ii) by an Indian tribe or an individual Indian, subject to 
restriction against alienation under laws of the United States; or
    (iii) by a dependent Indian community; and
    (c) land that is owned by an Indian tribe and was conveyed by the 
United States to a Native Corporation pursuant to the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et seq.), or that was conveyed by 
the United States to a Native Corporation in exchange for such land.

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 obtain the 
tribe's or tribal

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energy resources development organization's capacity for:
     Reviewing proposals for leases, business agreements, or 
rights-of-way;
     Negotiating and reviewing leases, business agreements, or 
rights-of-way;
     Evaluating the environmental effects of energy resource 
development projects the applicant 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 
the applicant may enter into;
     Establishing or managing energy development-related 
departments or administrative divisions within the tribe or tribal 
energy resource development organization;
     Providing for energy development-related technical, 
scientific, and/or engineering expertise within the tribe or tribal 
energy resource development organization;
     Developing or enhancing tribal policies, 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 or tribal energy resource development 
organization. This document should be signed by a duly authorized 
tribal official representing the tribe's governing body or evidence of 
the authority of a tribal energy resource development organization to 
apply for grants.

Component 2--TEDC Grant Project Description

    (a) Applicant point of contact, including name, title, mailing 
address, telephone and fax numbers, and email 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 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 or tribal energy resource development organization'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 or tribal energy resource development 
organization's capacity (in assessing, developing or obtaining 
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 or tribal energy resource 
development organization's employees, consultants, subcontractors) who 
will work on the proposed project, including information on expertise; 
and
    (k) Description of the tribe's or tribal energy resource 
development organization's current staff and/or tribal financial 
resources the applicant plans to apply to performance or completion of 
the objectives in its TEDC grant proposal.

Component 3--Existing and Prior Energy Resource Development Experience

    (a) Description and examples of the tribe's or tribal energy 
resource development organization'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);
    (b) Description of the tribe's or tribal energy resource 
development organization'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 or tribal energy 
resource development organization has received Federal funds, the 
source or the funds (e.g., Department of Energy, U.S. Department of 
Agriculture, U.S. Environmental Protection Agency, or Department of the 
Interior), 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 or tribal energy resource 
development organization's planned energy resource development 
activities including energy plan, capacity assessment, energy resource 
assessment, feasibility studies, exploration for or development of 
specific energy resource(s); and
    (b) Description of the tribe's or tribal energy resource 
development organization's plans for managing energy resource 
development and growth (including plans to develop or

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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) Itemized 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) documentation of professional qualifications necessary to 
perform the work for tribal personnel to be funded and attach position 
descriptions;
    (c) documentation that clearly identifies the qualifications and 
utilization of any proposed consultants;
    (d) itemized 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) itemized 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) itemized data collection and analysis costs in sufficient 
detail for the IEED TEDC grant evaluation team to evaluate the proposed 
expenses; and
    (g) 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 Indian tribe or tribal energy resource development 
organization 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 applicant in terms of capacity 
building to benefit its 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 or tribal 
energy resource development organization's existing and prior energy 
resource development experience as part of its evaluation of the 
project proposal to determine the applicant's current level of 
capacity. Prior or current energy resource development will not, by 
itself, result in fewer or more assigned points. Please include an 
accurate description of the applicant's baseline capacity.
    (3) Mandatory Component 4--Planned Energy Resource Development--25 
points
    The IEED TEDC grant evaluation team will use the tribe's or tribal 
energy resources development organization's planned energy resource 
development as part of its evaluation of the project proposal to 
determine the applicant'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. The Director will notify in writing tribes and tribal energy 
development organizations of selection or non-selection of proposals 
for awards.

I. Funding and Transfer of Funds

    Our obligation under this solicitation is contingent on receipt of 
congressionally appropriated funds. No liability on the part of the 
U.S. Government for any payment may arise until funds are made 
available to the Contracting Officer for this grant and until the 
recipient receives notice of such availability, to be confirmed in 
writing by the Contracting Officer.
    All Payments under this agreement will be made by the U.S. 
Government by electronic funds transfer (through the Treasury Fedline 
Payment System (FEDLINE)). The recipient must submit an official 
invoice to the Bureau of Indian Affairs, Division of Fiscal Services, 
12220 Sunrise Valley Drive, Reston, VA 20191. After the invoice is 
reviewed and approved, payment will be processed. Invoices should be 
based on progress and should not be submitted more than once a month. 
All payments will be deposited in accordance with the banking 
information designated for the applicant in the System for Award 
Management (SAM).

J. Post-Award Requirements

    Applicants awarded grants for TEDC projects must adhere to the 
following requirements:
    1. Expend TEDC grant funds only on approved project functions. 
Tribes and tribal energy resource development organizations 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;
    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 applicant states in its TEDC 
grant project description;
    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.

K. Submission of Proposal

    Submit proposals in digital form to the following electronic 
address: [email protected]. 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

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Project Coordinator, U.S. Department of the Interior, 1951 Constitution 
Avenue NW., South Interior Building--Room 20, Washington, DC 20245.

    Dated: December 6, 2013.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
[FR Doc. 2013-30281 Filed 12-19-13; 8:45 am]
BILLING CODE 4310-4M-P