Grant Program to Build Tribal Energy Development Capacity, 24082-24085 [E8-9512]

Download as PDF 24082 Federal Register / Vol. 73, No. 85 / Thursday, May 1, 2008 / Notices pwalker on PROD1PC71 with NOTICES receive services under the Housing Improvement Program. The information is collected to determine applicant eligibility for services and applicant priority order to receive services under the program. (4) Description of Affected Entities: Individual members of federally recognized Indian tribes who are living within a designated tribal or legally defined service area. Lack of funding drives our number of respondents which we will estimate as one (1) to keep the information collection current. Estimated Number of Respondents: 8,000. Proposed Frequency of Response: Annually or less frequently, depending on length of waiting list, funding availability and dynamics of service population. Estimated Number of Annual Responses: 8,000. Estimated Time per Application: 1 hour. Estimated Total Annual Burden Hours: 8,000 hours. IV. Request for Comments We specifically request your comments concerning the following: 1. Whether the collection of information is necessary for the proper performance of the functions of the BIA, including whether the information will have practical utility; 2. The accuracy of the BIA’s estimate of the burden to collect the information, including the validity of the methodology and assumptions used; 3. The quality, utility and clarity of the information to be collected; and, 4. How to minimize the burden of the information collection on those who are to respond, including the use of appropriate automated electronic, mechanical or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; the comments will also become a matter of public record. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The comments, names and addresses of commenters will be available for public view during regular business hours. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, be advised that your entire comment— including your personal identifying information—may be made publicly available at any time. While you can ask VerDate Aug<31>2005 17:13 Apr 30, 2008 Jkt 214001 us in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so. We may withhold comments for other reasons, but we will not consider anonymous comments. The complete comments for businesses or organizations will be made public, including the representative’s name. OMB is required to respond to this request within 60 days after publication of this notice in the Federal Register, but may respond after 30 days; therefore, your comments should be submitted to OMB within 30 days to assure maximum consideration. Dated: April 25, 2008. Sanjeev ‘‘Sonny’’ Bhagowalia, Chief Information Officer—Indian Affairs. [FR Doc. E8–9529 Filed 4–30–08; 8:45 am] BILLING CODE 4310–4J–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Grant Program to Build Tribal Energy Development Capacity Bureau of Indian Affairs, Interior. ACTION: Solicitation of Proposals. AGENCY: SUMMARY: The Energy Policy Act of 2005 authorizes the Secretary to provide assistance to Indian tribes for use in developing and sustaining the managerial and technical capacity needed to develop energy resources on Indian land, and to properly account for resulting energy production and revenues. In furtherance of this goal, the Department of the Interior’s Office of Indian Energy and Economic Development is soliciting proposals from tribes and tribal energy resource development organizations. The Department will use a competitive evaluation process to select several proposed projects to receive an award. DATES: Submit grant proposals by June 30, 2008. We will not consider grant proposals received after this date. ADDRESSES: You must submit the Tribal Energy Development Capacity proposal by mail or hand-carry to the Department of the Interior, Office of Indian Energy and Economic Development, Attention: Tribal Energy Development Capacity Proposal, Room 20—South Interior Building, 1951 Constitution Avenue, NW., Washington, DC 20245. FOR FURTHER INFORMATION CONTACT: Darryl Francois, Office of Indian Energy and Economic Development, Room 20— South Interior Building, 1951 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 Constitution Avenue, NW., Washington, DC 20245, Telephone (202) 219–0740 or Fax (202) 208–4564. SUPPLEMENTARY INFORMATION: A. Background B. Items To Consider Before Preparing an Application for a Tribal Energy Development Capacity Grant C. How To Prepare an Application for Tribal Energy Development Capacity Funding D. Submission of Application in Digital Format E. Award Evaluation and Administrative Information F. When To Submit G. Where To Submit H. Transfer of Funds I. Reporting Requirements for Award Recipients A. Background Title V, section 503 of the Energy Policy Act of 2005 (Pub. L. 109–58) amends Title XXVI (Indian Energy) of the Energy Policy Act of 1992 to require the Secretary of the Interior (Secretary) to offer Indian tribes the opportunity to enter into a Tribal Energy Resource Agreement (TERA) with the Department of the Interior. The intent of these agreements is to promote tribal oversight and management of energy and mineral resource development on tribal lands and further the goal of Indian Self-Determination. A TERA offers a tribe an entirely new alternative for entering into energy-related business agreements and leases and for granting rights-of-way for pipelines and electric transmission and distribution lines without further approval of the Secretary. The Energy Policy Act of 2005 requires that the Secretary, before approving a TERA with a tribe, make a determination of a tribe’s capacity to manage the full scope of administrative, regulatory, and energy resource development that the tribe proposes to assume under an approved TERA. Recognizing that a tribe wanting to enter into a TERA with the Department may need technical assistance in building its management capacity, the Energy Policy Act of 2005 also authorizes the Secretary to provide financial assistance to Indian tribes for use in developing and sustaining the managerial and technical capacity needed to develop energy resources on Indian land, and to properly account for resulting energy production and revenues. In furtherance of this goal, the Department of the Interior’s Office of Indian Energy and Economic Development (IEED) is soliciting proposals from tribes and tribal energy resource development organizations to achieve the following goals: E:\FR\FM\01MYN1.SGM 01MYN1 Federal Register / Vol. 73, No. 85 / Thursday, May 1, 2008 / Notices • Evaluate the type and range of energy development activities that a tribe may want to pursue. • Determine the current level of scientific, technical, administrative, or financial management capacity of the tribe to assume responsibility for the identified development activities; and • Determine which scientific, technical, administrative, or financial management capacities need enhancement and what process and/or procedures the grantee may use to eliminate capacity gaps, or sustain the continued development of their energy development capacity into the future. B. Items To Consider Before Preparing an Application for a Tribal Energy Development Capacity Grant 1. Trust Land Status Tribal Energy Development Capacity (TEDC) funding can be made available only to tribes whose lands are held in trust or restricted fee by the Federal government. Congress has appropriated these funds to develop tribal capacity to manage the full scope of administrative, regulatory, and energy resource development only on Indian trust or restricted fee lands. 2. Tribes’ Compliance History The IEED will monitor all TEDC grants for statutory and regulatory compliance to assure that awarded funds are correctly applied to approved projects. Tribes that expend funds on unapproved functions may forfeit remaining funds in that proposal year, as well as future year TEDC funding. Consequently, IEED may request a tribe to provide a summary of any funds it has received in past years through other projects approved by IEED, and IEED may conduct a review of prior award expenditures before making a decision on current year proposals. 3. BIA Sanction List Tribes who are currently under BIA sanction resulting from non compliance with the Single Audit Act may be ineligible from being considered for an award. pwalker on PROD1PC71 with NOTICES 4. Multi-Year Proposals The IEED cannot fund multi-year TEDC proposals. Therefore, all proposals should be designed to be completed in one year. 5. What the Tribal Energy Development Capacity Award Cannot Fund As stated above, these funds are used specifically to assist tribes in an assessment of their ability to manage the full scope of administrative, regulatory, and technical energy resource VerDate Aug<31>2005 17:13 Apr 30, 2008 Jkt 214001 development work only. Examples of items that cannot be funded include, but are not limited to the following: • Purchasing and/or leasing of equipment for the development of energy and mineral resources; • Establishing or operating a tribal office, and/or purchase of office equipment not specific to the assessment project. Tribal salaries may be included only if they are directly involved in the proposal and only for the duration of the proposal; • Indirect costs and overhead as defined by the Federal Acquisition Regulation (FAR); • Purchase of project equipment such as computers, vehicles, field gear, etc.; • The payment of fees or procurement of any services associated with energy assessment or exploration or development activity; • Legal fees; • Research and development of unproven technologies; • Training; • Contracted negotiation fees; • Purchase of resource assessment data; and • Any other activities not authorized by the tribal resolution or by the contract. C. How To Prepare an Application for Tribal Energy Development Capacity Funding Applications must be prepared in accordance with this section. A complete application for TEDC funding must contain the following components: • A current tribal resolution authorizing the proposal; • A proposal describing the planned activities and deliverable products; • A detailed budget estimate. A detailed description of each of the required components follows. 1. Mandatory Component: Tribal Resolution. The tribal resolution must be current, and it must be signed. It must authorize tribal approval for a TEDC proposal in the same fiscal year as that of the proposal and must explicitly refer to the proposal being submitted. 2. Mandatory Component: Tribal Energy Development Capacity Proposal. A tribe must present its TEDC proposal in the format prescribed in this section. The proposal should be well organized, contain as much detail as possible, yet be presented succinctly to allow a quick and thorough understanding of the proposal by the IEED evaluation team. The proposal must include the following sections: (a) Tribal point of contact and contact information, including telephone and fax numbers, and tribal responsible PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 24083 parties for technical execution and administration of the project; (b) Include a short summary overview of the proposal that includes the reason for the proposed project, the total funding requested for the project, and the elements described in (c), (d), (e), (f), (g), (h), (i), and (j) of this part. (c) Energy resource development potential: Describe in relevant detail the tribe’s identified energy resources and existing or planned exploration and assessment. (d) Energy resource development history and current status: Provide examples of the tribe’s experience with energy resource development activities (both in the target area for capacity assessment and other energy resource development activities). (e) Existing energy resource development capabilities: Describe in relevant detail the tribe’s existing capabilities in comparison with the spectrum of capabilities and the spectrum of abilities necessary for successful energy development, including, but not limited to the following: • Land and lease management. • Technical, scientific, and engineering assessment. • Financial and revenue management. • Environmental monitoring and assessment. • Regulatory monitoring and development (especially Federal, State, and tribal environmental and safety regulations). (f) Describe in relevant detail plans the tribe has for energy development and growth including any current efforts to develop governmental institutions or independent business entities related to energy development activities. (g) Describe in relevant detail any existing or planned tribal projects or programs, including but not limited to, staff, training, or budget resources, that could be applied to completion of the objectives in the accompanying proposal and future development of those objectives. (h) Technical Summary and Current Status: Describe in relevant detail the proposal. Acknowledge any existing capacity assessments or building efforts already underway or previously completed. Give examples of the tribe’s experience with energy development activities (both in the target area for capacity assessment and other energy development activities). Describe future plans the tribe has for energy development and growth. The proposed new study should not duplicate previous work. Describe the tribe’s existing capabilities in comparison with the spectrum of abilities necessary for E:\FR\FM\01MYN1.SGM 01MYN1 pwalker on PROD1PC71 with NOTICES 24084 Federal Register / Vol. 73, No. 85 / Thursday, May 1, 2008 / Notices successful energy development, including but not limited to the following: • Land and lease management. • Technical, scientific and engineering assessment. • Financial and revenue management. • Environmental monitoring and assessment. • Regulatory monitoring and development (especially Federal, State, and tribal environmental and safety regulations). (i) Proposal Objectives, Goals and Scope of Work: Describe the work proposed and the project goals and objectives expected to be achieved by the proposal. Specifically, identify the areas on which the proposal’s assessment will focus. Describe in relevant detail the scope of work and justify a particular approach to be used in assessing the tribe’s capacity to manage energy development activities and determine proposed next steps to be taken to eliminate identified skill gaps. (j) Deliverable Products: Describe the deliverable products that the proposed project will generate. Discuss and provide deadlines for planned status reports as well as the final report. (k) Resumes of Key Personnel: Provide the resumes of key personnel who will do the project work. The resumes should provide information on each individual’s expertise. If subcontractors are used, these should also be disclosed. 3. Mandatory Component: Detailed Budget Estimate. A detailed budget estimate is required for the funding level requested. The detail not only provides the tribe with an estimate of costs, but it also provides IEED with the means of evaluating each proposal. This line-by-line budget must fully detail all projected and anticipated expenditures under the TEDC proposal. The ranking committee reviews each budget estimate to determine whether the budget is reasonable and can produce the results outlined under the proposal. Each proposal should have a budget. The budget should break out contract and consulting fees, travel, and all other relevant proposal expenses. Preparation of the budget portion of a proposal should be considered a top priority. A TEDC proposal that includes sound budget projections will receive a more favorable ranking over those proposals that fail to provide appropriate budget projections. The budget should provide a comprehensive breakdown for those proposal line items that involve several components or contain numerous subfunctions. The budget breakdown should include, at a minimum the following: VerDate Aug<31>2005 17:13 Apr 30, 2008 Jkt 214001 (a) Contracted Personnel Costs: This includes all contracted personnel and consultants, their respective positions and time (staff-hour) allocations for the proposed functions of a project. Personnel funded under the Public Law 93–638 Tribal Energy Development Capacity Program must have documented professional qualifications necessary to perform the work. Attach position descriptions to the budget estimate. If a consultant is to be hired for a fixed fee, itemize the consultant’s expenses as part of the project budget. Consultant fees must be accompanied by documentation that clearly identifies the qualifications of the proposed consultants, specifics how the consultant(s) are to be used and includes a line item breakdown of costs associated with each consultant activity. (b) Travel Estimates: Estimates should be itemized by airfare and vehicle rental, lodging and per diem, based on the current federal government per diem schedule. (c) Data Collection and Analysis Costs: These costs should be itemized in sufficient detail for the reviewer to evaluate the charges. (d) Other Expenses: Include computer rental, report generation, drafting, and advertising costs for a proposal. As previously stated, a tribe or tribal organization that expends TEDC funds on unapproved project functions is subject to forfeiture of any remaining funds in that project year as well as sanctions against receipt of any future year TEDC funding. D. Submission of Application in Digital Format Submit the application in digital form. Acceptable formats are MS Word, WordPerfect, and Adobe Acrobat PDF. Image and graphic files may be JPG, TIF, or other PC bit image file formats. Files must be saved with filenames that clearly identify the file being submitted. File name 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, and other letters of tribal authorization must also be submitted in hard copy (paper) form. If you have any additional questions concerning the Tribal Energy Development Capacity proposal submission process, please contact Darryl Francois at (202) 208– 7253. PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E. Award Evaluation and Administrative Information 1. Ranking Criteria The proposal ranking criteria factors and associated scores as follows: (a) Energy resource potential, 25 points. (b) Energy resource development history and current status, 15 points. (c) Existing energy resource development capabilities, 15 points. (d) Demonstrated willingness to develop independent energy resource development business entity, 20 points. (e) Intent to develop and retain energy development capacity within tribal government or business entities, 10 points. (f) Tribal commitment of staff, training, or monetary resources, 15 points. 2. Ranking of Proposals and Award Letters The TEDC review committee will rank the tribal energy development capacity proposals using the ranking criteria. The evaluation team will then forward the rated requests to the Director of IEED (Director) for approval. Once approved, the Director will submit all proposals to the Assistant Secretary—Indian Affairs for concurrence and announcement of awards to the selected tribes, via written notice. Those tribes not receiving an award will also be notified in writing. F. When To Submit The IEED will accept applications at any time before June 30, 2008, and will send a notification of receipt to the return address on the application package, along with a determination of whether or not the application is complete. However, the technical evaluation of the proposal will begin only after June 30, 2008. G. Where To Submit Applicants must submit the Tribal Energy Development Capacity proposals to IEED at ATTN: Tribal Energy Development Capacity Proposal, South Interior Building—Room 20, 1951 Constitution Avenue, NW., Washington, DC 20245. A tribe may fax a complete TEDC proposal to IEED prior to the deadline for submission of proposals; however, an original signature copy, including all signed tribal resolutions and/or letters of tribal authorization, must be received in IEED’s office within 5 working days after the deadline. H. Transfer of Funds IEED will transfer a tribe’s TEDC funds to the BIA Regional Office that E:\FR\FM\01MYN1.SGM 01MYN1 Federal Register / Vol. 73, No. 85 / Thursday, May 1, 2008 / Notices serves that tribe, via a sub-allotment funding document coded for the tribe’s TEDC proposal. The tribe should be anticipating the transfer of funds and be in contact with their budget personnel contacts at the Regional and Agency office levels. Tribes receiving TEDC awards must establish a new 638 contract to complete the transfer process, or use an existing 638 contract, as applicable. one copy to the tribe’s BIA Agency office. Two printed and two digital copies will then reside with IEED. Dated: April 18, 2008. Carl J. Artman, Assistant Secretary—Indian Affairs. [FR Doc. E8–9512 Filed 4–30–08; 8:45 am] BILLING CODE 4310–04–P DEPARTMENT OF THE INTERIOR I. Reporting Requirements for Award Recipients Bureau of Land Management 1. Quarterly Reporting Requirements [CA–350–1610-DR] During the life of the TEDC project, quarterly reports are to be submitted to the IEED project coordinator assigned to your project. The beginning and ending quarter periods are to be based on the actual start date of the TEDC project. This date can be determined between the IEED project coordinator and the tribe. The quarterly report can be a one to two page summary of events, accomplishments, problems and/or results that took place during the quarter. Quarterly reports are due two weeks after the end of a project’s fiscal quarter. Notice of Availability of Record of Decision for the Alturas Resource Management Plan pwalker on PROD1PC71 with NOTICES 2. Final Reporting Requirements The tribe must deliver all products and data generated by the proposed assessment project to IEED through the TEDC project coordinator within two weeks after completion of the project. IEED requires that deliverable products be provided in digital format, along with printed hard copies. Reports can be provided in either WordPerfect, MS Word or PDF format. Spreadsheet data can be provided in MS Excel or PDF formats. Images can be provided in PDF, JPEG, TIFF, or any of the Windows metafile formats. When a tribe prepares a proposal for a TEDC project, it must describe the deliverable products and include a requirement that the products be prepared in standard format (see format description above). Each proposal’s budget estimate will provide funding for a total of six printed and six digital copies of the final report to be distributed as follows: (a) The tribe will receive two printed and two digital copies of the TEDC report. (b) IEED will receive four printed copies and four digital copies of the report sent to the IEED—Capacity Development Report, South Interior Building—Room 20, 1951 Constitution Avenue, NW., Washington, DC 20245. IEED will transmit one of these copies to the tribe’s BIA Regional Office, and VerDate Aug<31>2005 17:13 Apr 30, 2008 Jkt 214001 Bureau of Land Management. Notice of availability. AGENCY: ACTION: SUMMARY: In accordance with the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), and the Bureau of Land Management (BLM) policies, the BLM announces the availability of the Record of Decision (ROD)/Approved Resource Management Plan (RMP) for the Alturas Field Office. The California State Director has signed the ROD, which constitutes the final decision of the BLM and makes the Approved RMP effective immediately. ADDRESSES: Copies of the ROD and RMP are available upon request from the Field Manager, Alturas Field Office, Bureau of Land Management, 708 West 12th Street Alturas, CA 96101, or via the internet at http://www.blm.gov/ca/st/en/ prog/planning.html. FOR FURTHER INFORMATION CONTACT: For further information contact Jeff Fontana, Public Affairs Officer, Bureau of Land Management, 2950 Riverside Dr., Susanville, CA 96130, telephone (530) 257–0456, or e-mail your request to: necarmp@ca.blm.gov. SUPPLEMENTARY INFORMATION: The Alturas Field Office includes approximately 503,045 acres in northeastern California. The geographic area includes BLM-administered lands within the counties of Modoc, Lassen, Shasta, and Siskiyou, California. The Alturas RMP was developed in coordination with the Eagle Lake and Surprise Field Office RMPs to provide a consistent framework for managing public lands and resource uses in northeast California and far northwest Nevada. BLM officially initiated the planning process for the Draft Alturas Resource Management Plan (RMP) with publication of a Notice of Intent in the Federal Register on July 22, 2003 (Volume 68, Number 140). Issues related PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 24085 to resource management in the Alturas planning area were assembled during the scoping process consisting of public scoping meetings, field tours, socioeconomic workshops, and interactions with federal, state, tribal, and county collaborators. The RMP describes management actions to meet desired resource conditions for vegetation communities, wildlife habitats, and cultural and visual resources. It also outlines actions for recreation, protection of sensitive natural and cultural resources, livestock grazing, wild and scenic rivers, guidance for energy and mineral development, land tenure adjustments, and other planning issues raised during the scoping process. The Alturas RMP designated seven Areas of Critical Environmental Concern (ACECs): Ash Valley ACEC (1,322 acres); Timbered Crater (17,896 acres); Emigrant Trials (1,750 acres); Mountain Peaks (3,500 acres); Old-Growth Juniper (3,115 acres); Mount Dome (1,510 acres); and Yankee Jim/Likely Tablelands/ Fitzhugh Creek (1,400 acres). The following types of resource use limitations apply to these ACECs: (1) New rights-of-way exclusion; (2) Visual Resource Management Class II; (3) Certain restrictions to energy and mineral development; and (4) Motorized travel permitted only on designated open routes. The BLM’s Draft Alturas RMP/Draft Environmental Impact Statement (EIS) (April 2006) presented five alternatives to help the BLM and interested parties understand the various ways of addressing issues in the region. Upon evaluation of the alternatives and associated impacts described in the Draft RMP/EIS and based on public and agency comments on that document, the BLM prepared the Alturas Proposed RMP and Final EIS which was released on June 15, 2007. The Proposed RMP is comprised of the preferred alternative identified in the Draft RMP/EIS with small changes as a result of comments received. Two protest letters on the Alturas Proposed RMP were received and resolved by the BLM Director. The BLM determined that the Proposed Action, as described in the Proposed RMP and Final EIS, best meets the purpose and need for the project. The Governor of the State of California in his letter dated September 17, 2007 stated, ‘‘Pursuant to 43 CFR 1603–2, and after consulting with affected State and Local agencies, the Governor’s Office of Planning and Research (OPR) has not found any inconsistencies with any state or local plans, policies, or programs with E:\FR\FM\01MYN1.SGM 01MYN1

Agencies

[Federal Register Volume 73, Number 85 (Thursday, May 1, 2008)]
[Notices]
[Pages 24082-24085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9512]


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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.

-----------------------------------------------------------------------

SUMMARY: The Energy Policy Act of 2005 authorizes the Secretary to 
provide assistance to Indian tribes for use in developing and 
sustaining the managerial and technical capacity needed to develop 
energy resources on Indian land, and to properly account for resulting 
energy production and revenues. In furtherance of this goal, the 
Department of the Interior's Office of Indian Energy and Economic 
Development is soliciting proposals from tribes and tribal energy 
resource development organizations. The Department will use a 
competitive evaluation process to select several proposed projects to 
receive an award.

DATES: Submit grant proposals by June 30, 2008. We will not consider 
grant proposals received after this date.

ADDRESSES: You must submit the Tribal Energy Development Capacity 
proposal by mail or hand-carry to the Department of the Interior, 
Office of Indian Energy and Economic Development, Attention: Tribal 
Energy Development Capacity Proposal, Room 20--South Interior Building, 
1951 Constitution Avenue, NW., Washington, DC 20245.

FOR FURTHER INFORMATION CONTACT: Darryl Francois, Office of Indian 
Energy and Economic Development, Room 20--South Interior Building, 1951 
Constitution Avenue, NW., Washington, DC 20245, Telephone (202) 219-
0740 or Fax (202) 208-4564.

SUPPLEMENTARY INFORMATION:

A. Background
B. Items To Consider Before Preparing an Application for a Tribal 
Energy Development Capacity Grant
C. How To Prepare an Application for Tribal Energy Development 
Capacity Funding
D. Submission of Application in Digital Format
E. Award Evaluation and Administrative Information
F. When To Submit
G. Where To Submit
H. Transfer of Funds
I. Reporting Requirements for Award Recipients

A. Background

    Title V, section 503 of the Energy Policy Act of 2005 (Pub. L. 109-
58) amends Title XXVI (Indian Energy) of the Energy Policy Act of 1992 
to require the Secretary of the Interior (Secretary) to offer Indian 
tribes the opportunity to enter into a Tribal Energy Resource Agreement 
(TERA) with the Department of the Interior. The intent of these 
agreements is to promote tribal oversight and management of energy and 
mineral resource development on tribal lands and further the goal of 
Indian Self-Determination. A TERA offers a tribe an entirely new 
alternative for entering into energy-related business agreements and 
leases and for granting rights-of-way for pipelines and electric 
transmission and distribution lines without further approval of the 
Secretary.
    The Energy Policy Act of 2005 requires that the Secretary, before 
approving a TERA with a tribe, make a determination of a tribe's 
capacity to manage the full scope of administrative, regulatory, and 
energy resource development that the tribe proposes to assume under an 
approved TERA. Recognizing that a tribe wanting to enter into a TERA 
with the Department may need technical assistance in building its 
management capacity, the Energy Policy Act of 2005 also authorizes the 
Secretary to provide financial assistance to Indian tribes for use in 
developing and sustaining the managerial and technical capacity needed 
to develop energy resources on Indian land, and to properly account for 
resulting energy production and revenues. In furtherance of this goal, 
the Department of the Interior's Office of Indian Energy and Economic 
Development (IEED) is soliciting proposals from tribes and tribal 
energy resource development organizations to achieve the following 
goals:

[[Page 24083]]

     Evaluate the type and range of energy development 
activities that a tribe may want to pursue.
     Determine the current level of scientific, technical, 
administrative, or financial management capacity of the tribe to assume 
responsibility for the identified development activities; and
     Determine which scientific, technical, administrative, or 
financial management capacities need enhancement and what process and/
or procedures the grantee may use to eliminate capacity gaps, or 
sustain the continued development of their energy development capacity 
into the future.

B. Items To Consider Before Preparing an Application for a Tribal 
Energy Development Capacity Grant

1. Trust Land Status

    Tribal Energy Development Capacity (TEDC) funding can be made 
available only to tribes whose lands are held in trust or restricted 
fee by the Federal government. Congress has appropriated these funds to 
develop tribal capacity to manage the full scope of administrative, 
regulatory, and energy resource development only on Indian trust or 
restricted fee lands.

2. Tribes' Compliance History

    The IEED will monitor all TEDC grants for statutory and regulatory 
compliance to assure that awarded funds are correctly applied to 
approved projects. Tribes that expend funds on unapproved functions may 
forfeit remaining funds in that proposal year, as well as future year 
TEDC funding. Consequently, IEED may request a tribe to provide a 
summary of any funds it has received in past years through other 
projects approved by IEED, and IEED may conduct a review of prior award 
expenditures before making a decision on current year proposals.

3. BIA Sanction List

    Tribes who are currently under BIA sanction resulting from non 
compliance with the Single Audit Act may be ineligible from being 
considered for an award.

4. Multi-Year Proposals

    The IEED cannot fund multi-year TEDC proposals. Therefore, all 
proposals should be designed to be completed in one year.

5. What the Tribal Energy Development Capacity Award Cannot Fund

    As stated above, these funds are used specifically to assist tribes 
in an assessment of their ability to manage the full scope of 
administrative, regulatory, and technical energy resource development 
work only. Examples of items that cannot be funded include, but are not 
limited to the following:
     Purchasing and/or leasing of equipment for the development 
of energy and mineral resources;
     Establishing or operating a tribal office, and/or purchase 
of office equipment not specific to the assessment project. Tribal 
salaries may be included only if they are directly involved in the 
proposal and only for the duration of the proposal;
     Indirect costs and overhead as defined by the Federal 
Acquisition Regulation (FAR);
     Purchase of project equipment such as computers, vehicles, 
field gear, etc.;
     The payment of fees or procurement of any services 
associated with energy assessment or exploration or development 
activity;
     Legal fees;
     Research and development of unproven technologies;
     Training;
     Contracted negotiation fees;
     Purchase of resource assessment data; and
     Any other activities not authorized by the tribal 
resolution or by the contract.

C. How To Prepare an Application for Tribal Energy Development Capacity 
Funding

    Applications must be prepared in accordance with this section. A 
complete application for TEDC funding must contain the following 
components:
     A current tribal resolution authorizing the proposal;
     A proposal describing the planned activities and 
deliverable products;
     A detailed budget estimate.
    A detailed description of each of the required components follows.
    1. Mandatory Component: Tribal Resolution.
    The tribal resolution must be current, and it must be signed. It 
must authorize tribal approval for a TEDC proposal in the same fiscal 
year as that of the proposal and must explicitly refer to the proposal 
being submitted.
    2. Mandatory Component: Tribal Energy Development Capacity 
Proposal.
    A tribe must present its TEDC proposal in the format prescribed in 
this section. The proposal should be well organized, contain as much 
detail as possible, yet be presented succinctly to allow a quick and 
thorough understanding of the proposal by the IEED evaluation team. The 
proposal must include the following sections:
    (a) Tribal point of contact and contact information, including 
telephone and fax numbers, and tribal responsible parties for technical 
execution and administration of the project;
    (b) Include a short summary overview of the proposal that includes 
the reason for the proposed project, the total funding requested for 
the project, and the elements described in (c), (d), (e), (f), (g), 
(h), (i), and (j) of this part.
    (c) Energy resource development potential: Describe in relevant 
detail the tribe's identified energy resources and existing or planned 
exploration and assessment.
    (d) Energy resource development history and current status: Provide 
examples of the tribe's experience with energy resource development 
activities (both in the target area for capacity assessment and other 
energy resource development activities).
    (e) Existing energy resource development capabilities: Describe in 
relevant detail the tribe's existing capabilities in comparison with 
the spectrum of capabilities and the spectrum of abilities necessary 
for successful energy development, including, but not limited to the 
following:
     Land and lease management.
     Technical, scientific, and engineering assessment.
     Financial and revenue management.
     Environmental monitoring and assessment.
     Regulatory monitoring and development (especially Federal, 
State, and tribal environmental and safety regulations).
    (f) Describe in relevant detail plans the tribe has for energy 
development and growth including any current efforts to develop 
governmental institutions or independent business entities related to 
energy development activities.
    (g) Describe in relevant detail any existing or planned tribal 
projects or programs, including but not limited to, staff, training, or 
budget resources, that could be applied to completion of the objectives 
in the accompanying proposal and future development of those 
objectives.
    (h) Technical Summary and Current Status: Describe in relevant 
detail the proposal. Acknowledge any existing capacity assessments or 
building efforts already underway or previously completed. Give 
examples of the tribe's experience with energy development activities 
(both in the target area for capacity assessment and other energy 
development activities). Describe future plans the tribe has for energy 
development and growth. The proposed new study should not duplicate 
previous work. Describe the tribe's existing capabilities in comparison 
with the spectrum of abilities necessary for

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successful energy development, including but not limited to the 
following:
     Land and lease management.
     Technical, scientific and engineering assessment.
     Financial and revenue management.
     Environmental monitoring and assessment.
     Regulatory monitoring and development (especially Federal, 
State, and tribal environmental and safety regulations).
    (i) Proposal Objectives, Goals and Scope of Work: Describe the work 
proposed and the project goals and objectives expected to be achieved 
by the proposal. Specifically, identify the areas on which the 
proposal's assessment will focus. Describe in relevant detail the scope 
of work and justify a particular approach to be used in assessing the 
tribe's capacity to manage energy development activities and determine 
proposed next steps to be taken to eliminate identified skill gaps.
    (j) Deliverable Products: Describe the deliverable products that 
the proposed project will generate. Discuss and provide deadlines for 
planned status reports as well as the final report.
    (k) Resumes of Key Personnel: Provide the resumes of key personnel 
who will do the project work. The resumes should provide information on 
each individual's expertise. If subcontractors are used, these should 
also be disclosed.
    3. Mandatory Component: Detailed Budget Estimate.
    A detailed budget estimate is required for the funding level 
requested. The detail not only provides the tribe with an estimate of 
costs, but it also provides IEED with the means of evaluating each 
proposal. This line-by-line budget must fully detail all projected and 
anticipated expenditures under the TEDC proposal. The ranking committee 
reviews each budget estimate to determine whether the budget is 
reasonable and can produce the results outlined under the proposal.
    Each proposal should have a budget. The budget should break out 
contract and consulting fees, travel, and all other relevant proposal 
expenses. Preparation of the budget portion of a proposal should be 
considered a top priority. A TEDC proposal that includes sound budget 
projections will receive a more favorable ranking over those proposals 
that fail to provide appropriate budget projections. The budget should 
provide a comprehensive breakdown for those proposal line items that 
involve several components or contain numerous sub-functions. The 
budget breakdown should include, at a minimum the following:
    (a) Contracted Personnel Costs: This includes all contracted 
personnel and consultants, their respective positions and time (staff-
hour) allocations for the proposed functions of a project. Personnel 
funded under the Public Law 93-638 Tribal Energy Development Capacity 
Program must have documented professional qualifications necessary to 
perform the work. Attach position descriptions to the budget estimate. 
If a consultant is to be hired for a fixed fee, itemize the 
consultant's expenses as part of the project budget. Consultant fees 
must be accompanied by documentation that clearly identifies the 
qualifications of the proposed consultants, specifics how the 
consultant(s) are to be used and includes a line item breakdown of 
costs associated with each consultant activity.
    (b) Travel Estimates: Estimates should be itemized by airfare and 
vehicle rental, lodging and per diem, based on the current federal 
government per diem schedule.
    (c) Data Collection and Analysis Costs: These costs should be 
itemized in sufficient detail for the reviewer to evaluate the charges.
    (d) Other Expenses: Include computer rental, report generation, 
drafting, and advertising costs for a proposal.
    As previously stated, a tribe or tribal organization that expends 
TEDC funds on unapproved project functions is subject to forfeiture of 
any remaining funds in that project year as well as sanctions against 
receipt of any future year TEDC funding.

D. Submission of Application in Digital Format

    Submit the application in digital form. Acceptable formats are MS 
Word, WordPerfect, and Adobe Acrobat PDF. Image and graphic files may 
be JPG, TIF, or other PC bit image file formats.
    Files must be saved with filenames that clearly identify the file 
being submitted. File name 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, and other letters of tribal authorization must also 
be submitted in hard copy (paper) form. If you have any additional 
questions concerning the Tribal Energy Development Capacity proposal 
submission process, please contact Darryl Francois at (202) 208-7253.

E. Award Evaluation and Administrative Information

1. Ranking Criteria

    The proposal ranking criteria factors and associated scores as 
follows:
    (a) Energy resource potential, 25 points.
    (b) Energy resource development history and current status, 15 
points.
    (c) Existing energy resource development capabilities, 15 points.
    (d) Demonstrated willingness to develop independent energy resource 
development business entity, 20 points.
    (e) Intent to develop and retain energy development capacity within 
tribal government or business entities, 10 points.
    (f) Tribal commitment of staff, training, or monetary resources, 15 
points.

2. Ranking of Proposals and Award Letters

    The TEDC review committee will rank the tribal energy development 
capacity proposals using the ranking criteria. The evaluation team will 
then forward the rated requests to the Director of IEED (Director) for 
approval. Once approved, the Director will submit all proposals to the 
Assistant Secretary--Indian Affairs for concurrence and announcement of 
awards to the selected tribes, via written notice. Those tribes not 
receiving an award will also be notified in writing.

F. When To Submit

    The IEED will accept applications at any time before June 30, 2008, 
and will send a notification of receipt to the return address on the 
application package, along with a determination of whether or not the 
application is complete. However, the technical evaluation of the 
proposal will begin only after June 30, 2008.

G. Where To Submit

    Applicants must submit the Tribal Energy Development Capacity 
proposals to IEED at ATTN: Tribal Energy Development Capacity Proposal, 
South Interior Building--Room 20, 1951 Constitution Avenue, NW., 
Washington, DC 20245.
    A tribe may fax a complete TEDC proposal to IEED prior to the 
deadline for submission of proposals; however, an original signature 
copy, including all signed tribal resolutions and/or letters of tribal 
authorization, must be received in IEED's office within 5 working days 
after the deadline.

H. Transfer of Funds

    IEED will transfer a tribe's TEDC funds to the BIA Regional Office 
that

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serves that tribe, via a sub-allotment funding document coded for the 
tribe's TEDC proposal. The tribe should be anticipating the transfer of 
funds and be in contact with their budget personnel contacts at the 
Regional and Agency office levels. Tribes receiving TEDC awards must 
establish a new 638 contract to complete the transfer process, or use 
an existing 638 contract, as applicable.

I. Reporting Requirements for Award Recipients

1. Quarterly Reporting Requirements

    During the life of the TEDC project, quarterly reports are to be 
submitted to the IEED project coordinator assigned to your project. The 
beginning and ending quarter periods are to be based on the actual 
start date of the TEDC project. This date can be determined between the 
IEED project coordinator and the tribe.
    The quarterly report can be a one to two page summary of events, 
accomplishments, problems and/or results that took place during the 
quarter. Quarterly reports are due two weeks after the end of a 
project's fiscal quarter.

2. Final Reporting Requirements

    The tribe must deliver all products and data generated by the 
proposed assessment project to IEED through the TEDC project 
coordinator within two weeks after completion of the project.
    IEED requires that deliverable products be provided in digital 
format, along with printed hard copies. Reports can be provided in 
either WordPerfect, MS Word or PDF format. Spreadsheet data can be 
provided in MS Excel or PDF formats. Images can be provided in PDF, 
JPEG, TIFF, or any of the Windows metafile formats.
    When a tribe prepares a proposal for a TEDC project, it must 
describe the deliverable products and include a requirement that the 
products be prepared in standard format (see format description above). 
Each proposal's budget estimate will provide funding for a total of six 
printed and six digital copies of the final report to be distributed as 
follows:
    (a) The tribe will receive two printed and two digital copies of 
the TEDC report.
    (b) IEED will receive four printed copies and four digital copies 
of the report sent to the IEED--Capacity Development Report, South 
Interior Building--Room 20, 1951 Constitution Avenue, NW., Washington, 
DC 20245. IEED will transmit one of these copies to the tribe's BIA 
Regional Office, and one copy to the tribe's BIA Agency office. Two 
printed and two digital copies will then reside with IEED.

    Dated: April 18, 2008.
Carl J. Artman,
Assistant Secretary--Indian Affairs.
[FR Doc. E8-9512 Filed 4-30-08; 8:45 am]
BILLING CODE 4310-04-P