Grant Program to Build Tribal Energy Development Capacity, 24082-24085 [E8-9512]
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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
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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
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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:
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• 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.
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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
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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
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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 subfunctions. The budget breakdown
should include, at a minimum the
following:
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(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.
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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.
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
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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
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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 https://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
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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
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]]>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]
-----------------------------------------------------------------------
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:
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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
