Question 1:
Does a Tribal Energy Development Organization (TEDO) have to be certified with the BIA to be eligible as an applicant?
Answer 1:
Please note, DOE will not make individual eligibility determinations prior to the close of the application period. DOE does not require a TEDO be certified with the BIA to be eligible as an applicant. DOE will determine if an applicant is eligible as a TEDO based on the definitions provided in the NOFO Part 1. If an entity meets the definition of a TEDO that is provided in NOFO Part 1, they will be deemed eligible, regardless of whether the entity is certified as a TEDO with the BIA.
Question 2:
On page 12 of NOFO Part 1 it states, “The cost share must come from non-federal sources unless otherwise allowed by law.” What federal sources are allowable to be used as cost share?
Answer 2:
If funds from a federal source are being proposed either as additional federal funds against the total project costs or as cost share, as allowed by law, the Applicant must provide a commitment letter from the funding federal agency as part of the application that specifically commits those funds and identifies the statutory authority and specific statutory language that allows those funds to be used for the project being proposed. Any such commitment letter will be reviewed to determine allowability, by DOE Legal Counsel and the Contracting Officer, prior to accepting funds as either additional federal project funds or cost share from other federal sources.
The following are some instances where federal funds may be permissible for use as cost share.
NOTE: Per the Indian Self-Determination Act (Public Law 93-638) as codified and amended at 25 U.S.C. § 5301, et seq., funding under the Indian Self-Determination Act may be used as non-federal cost share by Indian Tribes on federal grants.
For Tribal self-governance funding agreements, see 25 U.S.C. § 5363,[1] Funds, “All funds provided under funding agreements entered into pursuant to this subchapter, and all funds provided under contracts or grants made pursuant to this subchapter, shall be treated as non-Federal funds for the purposes of meeting matching requirements under any other Federal law.”
For self-determination contract funding, see 25 U.S.C. § 5322,[2] Use as matching shares for other similar federal grant programs, “The provisions of any other Act notwithstanding, any funds made available to a tribal organization under grants pursuant to this section may be used as matching shares for any other Federal grant programs which contribute to the purposes for which grants under this section are made.”
For compact funding, see 25 U.S.C. § 5324,[3] "Notwithstanding any other provision of law, a tribal organization may use funds provided under a self-determination contract to meet matching or cost participation requirements under other Federal and non-Federal programs.”
Per the Native American Housing Assistance and Self-Determination Act (NAHASDA) of 1996 (Public Law 104–330 as codified at 25 U.S.C. § 4101, et seq.) and it’s implementing regulation (24 CFR § 1000.122): “There is no prohibition in NAHASDA against using grant funds as matching funds.”
[1] 25 U.S.C. § 458cc was editorially reclassified as section 5363 of this title.
2 25 U.S.C. § 450h(c) was editorially reclassified as section 5322 of this title.
3 25 U.S.C. § 450j-1(j) was editorially reclassified as section 5324 of this title.
Question 3:
Why are there two parts to this NOFO?
Answer 3:
The NOFO is divided into two parts to differentiate between funding announcement-specific information, and standard information that typically remains consistent across different DOE NOFOs. NOFO Part 1 is unique to this funding opportunity, while Part 2 contains DOE standard application requirements. Applicants should review both the NOFO Part 1 and the NOFO Part 2 prior to applying.
Question 4:
On page 33 of NOFO Part 1 there is a table with the application documents listed and the terms “Required”, “Optional”, and “If Applicable” under each Topic Area. Please clarify what the terms mean in this context.
Answer 4:
The list of application documents is inclusive of all possible documents that can be submitted with an application.
- The documents listed as “Required” are required from all applicants. Applications that do not have all required application documents will be deemed incomplete and will not be considered for funding.
- If a document is listed as “Optional”, it is not required for an application to be deemed complete. Optional documents provide applicants an opportunity to submit information that may better inform DOE’s decision on the application. Applicants are encouraged to submit optional materials if they have the requested information.
- Documents listed as “If Applicable” may be required depending on the applicant or any proposed subrecipients. Read the document descriptions carefully in the NOFO Part 1 to determine if they are required for your application.
Question 5:
On page 33 of NOFO part 1, two forms related to lobbying are listed as an application requirement “If Applicable.” The forms are SF-LLL (Disclosure of Lobbying Activities) and OMB 4040-0013 (Certification Regarding Lobbying). How do I know if these are applicable to my application or not?
Answer 5:
Entities that are eligible to apply to this NOFO as applicants do not need to submit these forms. However, subrecipients that would not be eligible to apply as a recipient must submit one of the two forms. If they have lobbying activities to disclose, they must submit an SF-LLL. If they have no lobbying activities to disclose, they must submit form OMB 4040-0013.
Question 6:
What is a Biographical Sketch, and can I submit resumes instead?
Answer 6:
The Biographical Sketch is a required application document for all covered individuals as defined in the NOFO Part 1. The Biographical Sketch is replacing resumes as an application requirement and must be created using the link in the NOFO Part 1 found on page 34 (SciENcv (Science Experts Network Curriculum Vitae)). Please look for the instructional document provided with the application templates for detailed instructions on how to create a DOE compliant Biographical Sketch for submission.
Question 7:
Is a Tribal Council Resolution required for all topic areas and applicant types?
Answer 7:
No. The explanation of this requirement is located on page 37 of the NOFO Part 1. It states, “For Indian Tribes, the statement of commitment and cost sharing must be in the form of an executed Tribal Council Resolution, unless an Indian Tribe provides a commitment in another format along with evidence of the statutory or other legal authority authorizing that form of commitment. Such evidence must establish that the commitment submitted carries the same level of Tribal leadership commitment as a Tribal Council Resolution.” All other eligible applicant types (Tribal and intertribal Organizations, Tribal Energy Development Organizations, and Tribal Colleges and Universities) must submit a statement of commitment signed by an authorized representative of the entity that is able to commit the entity to enter into a financial assistance contract with the Federal government.
Question 8:
Topic Area 1 requires a 10% cost share. Previous Indian Energy FOA’s had the option of a cost share reduction. Is this still an option?
Answer 8:
No. Unlike previous funding opportunities from Indian Energy, there is no option for a cost share reduction. All applicants have the same cost share requirements, which are determined by the Topic Area:
- Topic Area 1: Requires a 10% cost share.
- Topic Areas 2 and 3: Have no required cost share.
Question 9:
My Tribe is interested in exploring nuclear power and/or critical minerals. Are these technologies only allowable under Topic Area 3?
Answer 9:
Yes. Regarding nuclear power and critical minerals, these technologies are allowable under Topic Area 3. They are not eligible under the community-scale requirement for Topic Areas 1 and 2.
Question 10:
On page 25, NOFO Part 1 states that research and development projects are specifically not of interest. How does research and development differ from resource characterization required in energy development projects?
Answer 10:
Applications of interest to this NOFO focus on planning (including data gathering and analysis) and construction activities that support the actual deployment, installation, or implementation of energy technologies.
Applications not of interest to this NOFO focus on expanding scientific knowledge without immediate commercial application or translating research findings into new or improved products, processes, or services.
Question 11:
Would a project proposal to provide service to multiple distinct Tribal communities be eligible or would each Tribe or Village need to submit their own application?
Answer 11:
Multiple Tribes may submit as a consortium. A consortium of eligible applicants is eligible to apply. The application must be submitted by a single eligible applicant that has been provided authority to represent the consortium by its members. All members of the consortium must meet the eligibility requirements.
Question 12:
Is a consortium of individually eligible applicants eligible to apply?
Answer 12:
A consortium of eligible applicants is eligible to apply. The application must be submitted by a single eligible applicant that has been provided authority to represent the consortium by its members. All members of the consortium must meet the eligibility requirements.
Question 13:
What is the eligibility definition of Tribal Colleges and Universities under this NOFO?
Answer 13:
“Tribal Colleges and Universities (TCUs)” for purposes of this NOFO, are (1) institutions of higher education located in the 48 contiguous United States or Alaska and (2) defined and eligible based on the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. § 1801(a)(4)), and the Higher Education Act of 1965 (20 U.S.C. § 1001, et seq.), respectively, as follows:
- “Tribal Colleges and Universities," for purposes of the NOFO, mean institutions of higher education which are formally controlled, or have been formally sanctioned, or chartered, by the governing body of an Indian tribe or tribes, except that no more than one such institution shall be recognized with respect to any such Tribe;
including:
- Those institutions cited and eligible for funding undersection 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. § 301 note), any other institution that qualifies for funding under the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. § 1801 et seq.), and Diné College, authorized in the Navajo Community College Assistance Act of 1978, Public Law 95-471, title II (25 U.S.C. § 640a note).[4]
Question 14:
Are there any specific technologies or energy systems that would not be eligible for funding under this NOFO?
Answer 14:
To be eligible under Topic Area 1, applications must use commercially proven and warrantied technology. For all Topic Areas, the NOFO contains hypothetical examples of projects that could be considered for funding; these examples are not exhaustive and are provided for illustrative purposes only. The projects funded under the NOFO are intended to lower or stabilize Tribal energy costs, expand energy access, and advance development of energy projects for Tribal economic development. This NOFO supports Indian Country in unleashing affordable, reliable, and secure energy resources to meet its own needs and to share in the prosperity of American energy dominance.
Question 15:
Can an applicant apply for more than one topic area?
Answer 15:
Per Section II.B. on page 11 of the NOFO, “An eligible applicant, individually or as part of a consortium, may submit more than one application to this NOFO (including more than one application under a particular Topic Area), provided that each application describes a unique, distinct project. Each application must have a distinct title, unique Control Number as assigned by IE-eXCHANGE during the registration process, and be readily distinguishable. Each application must focus on a single project; unrelated projects cannot be consolidated in a single application. Applications can only be submitted under a single Topic Area.”
Question 16:
If multiple Tribes submit as a consortium, can the application request a larger amount of funds than the ceiling indicated in the NOFO?
Answer 16:
No. Per Section 1.A.1 under Funding Details on page 7 of the NOFO, for Topic Area 1 states, “Dollar amount of the individual awards” is up to $7,500,000; Topic Area 2, “Dollar amount of the individual awards” is up to $1,500,000; and Topic Area 3, “Dollar amount of the individual awards” is up to $2,500,000. [Emphasis Added].