Frequently Asked Questions

As stated in Section III.F. Questions Regarding Eligibility (page 25) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, for your purposes in making that decision, we offer the following based on the limited information provided in your question:

As described in Executive Summary (page 1) and Section I.A. (page 6) of the Funding Opportunity announcement (FOA), Powering Unelectrified Tribal Building(s) – 2022 (DE-FOA-0002771), applications are being solicited to provide electric power to Tribal Buildings, which otherwise would be unelectrified, by deploying (1) integrated energy system(s) (Topic Area 1) or (2) energy infrastructure (Topic Area 2).

Therefore, unless the EVSE infrastructure meets the Topic Areas above and as described in the FOA document, it would not meet the intent of the FOA.

If this response does not fully answer your questions, please submit another more specific question, providing additional information.

No, tribal governments not federally recognized are not eligible for funding. Specifically, per Section III.A. of the Funding Opportunity Announcement (beginning on page 23) “eligibility for award under this FOA is restricted to: (1) an Indian Tribe; (2) Intertribal Organization; or (3) Tribal Energy Development Organization; and (4) on whose Tribal Lands the project(s) will be located.

Where,

““Indian Tribe,” for the purposes of this FOA and as defined in in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 5304),2 means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [ 43 U.S.C. § 1601, et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See below for further definition.

For the purposes of this FOA, an eligible Indian tribe, band, nation or other organized group or community (including Alaska Native villages), must be federally recognized as listed in Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, published by the Department of Interior’s Bureau of Indian Affairs in the Federal Register on January 28, 2022, 87 FR 19.”

The form of commitment and cost sharing is dependent on the entity applying as the applicant and the authorities that entity has been granted. If the applicant is an Indian tribe that has a Tribal Council, the applicant must submit an executed Tribal Council Resolution – a Tribal Authority Letter is not sufficient. As set forth in the Funding Opportunity Announcement (FOA), Section IV.C.6., Applicant Tribal Council Resolution or Declaration of Commitment and Cost Sharing File, if an Indian tribe is the applicant, “that statement of commitment and cost sharing must be in the form of an executed Tribal Council Resolution, unless an Indian Tribe does not have a Tribal Council. If an Indian Tribe does not have a Tribal Council, the statement of commitment and cost sharing may be in a format other than a Tribal Council Resolution and must include evidence of the statutory or other legal authority authorizing that form of commitment in lieu of a Tribal Council Resolution. Such evidence must establish that the commitment submitted carries the same level of Tribal leadership commitment as a Tribal Council Resolution.”

If, however, an application is being submitted on behalf of Indian Tribe(s) by an authorized Tribal Organization, as that term is defined on page 24 of the FOA, “evidence of that authority is required as part of the application, along with a declaration (or resolution) from the Tribal Organization, and a letter of commitment from all other project participants. Evidence may include, but is not limited to, a constitution, resolution, ordinance, executive order, charter, or other legal documentation (see IV.C.5., Eligibility Statements and Evidence).”

Whereas, if an application is being submitted by a Tribal Energy Development Organization, as that term is defined on page 24 of the FOA, the FOA states on page 40, ”the statement of commitment and cost sharing may be in the form of a declaration or resolution signed by an authorized representative able to commit the entity.”

Yes, Tribal organizations  other than federally recognized tribes are eligible applicants under this Funding Opportunity Announcement (FOA), as specified under Section III.A.

Section III.A. (page 23) of the FOA states, “In accordance with EPAct 2005 authorities and consistent with 2 CFR § 910.126(b), eligibility for award under this FOA is restricted to: (1) an Indian Tribe; (2) Intertribal Organization; or (3) Tribal Energy Development Organization; and (4) on whose Tribal Lands the project(s) will be located.” See the definitions in Section III.A. or Appendix A of the FOA. Additionally, as stated on page 24 of the FOA, “[a]pplications may also be submitted on behalf of Indian Tribe(s) by an authorized “Tribal Organization”, provided evidence of that authority is included as part of the application.”

Therefore, “Native American tribal organizations (other than Federally recognized tribal governments)” as specified on Grants.gov are eligible, provided that the Native American tribal organization is an Intertribal Organization or Tribal Energy Development Organization as defined in Section III.A. of the FOA. Further, Tribal Organizations (as that term is defined on page 24 of the FOA) are not directly eligible; however, they may submit an application on behalf of an Indian tribe (as defined on page 23 of the FOA), provided they have evidence of that authority.

Non-federally recognized tribes and tribal organizations, other than the ones identified in Section III.A. of the FOA, are not eligible applicants.

Cost share is mandated by statute and therefore, the Office of Indian Energy does not have the discretion to remove the cost share requirement. Specifically, the statute as amended by the Energy Act of 2020 specifically states the “Secretary of Energy may reduce any applicable cost share required of an Indian tribe, intertribal organization, or tribal energy development organization in order to receive a grant under this 3 subsection to not less than 10 percent if the Indian tribe, intertribal organization, or tribal energy development organization meets criteria developed by the Secretary of Energy, including financial need.” [Emphasis added]

As such, see Section III.B., Cost Sharing, beginning on page 19 of the Funding Opportunity Announcement (FOA) document, that states “a 20% cost share of the total allowable costs of the project (i.e., the sum of the DOE share, and the Recipient share of allowable costs equals the total allowable cost of the project) is required.” However, applicants may request a cost share reduction from the required 20% to 10% as part of their application (see Section III.B.2).  

Please also be aware that the subject FOA is soliciting applications “to provide electric power to Tribal Buildings, which otherwise would be unelectrified, by deploying (1) integrated energy system(s) (Topic Area 1) or (2) energy infrastructure (Topic Area 2). For purposes of this FOA, “unelectrified” means Tribal Buildings that are not connected to (1) the traditional centralized electric power grid, and not connected to (2) an integrated energy system(s) operating independent of the traditional centralized electric power grid.” [Emphasis added]

Therefore, to be eligible, please ensure those Alaska communities are currently not served by an existing integrated energy system (i.e., microgrid). You may also wish to explore the Clean Energy Technology Deployment on Tribal Lands – 2022 FOA (DE-FOA-0002774).

1)     Per Section I.A. of the subject Funding Opportunity Announcement (FOA), DE-FOA-0002771, is soliciting applications “to provide electric power to Tribal Buildings, which otherwise would be unelectrified, by deploying (1) integrated energy system(s) (Topic Area 1) or (2) energy infrastructure (Topic Area 2). For purposes of this FOA, “unelectrified” means Tribal Buildings that are not connected to (1) the traditional centralized electric power grid, and not connected to (2) an integrated energy system(s) operating independent of the traditional centralized electric power grid.” [Emphasis added]

Therefore, Alaska Native communities with “islanded” microgrids would be considered connected to “an integrated energy system(s) operating independent of the traditional centralized electric power grid” and hence, electrified for purposes of this FOA and not eligible under the Powering Unelectrified Tribal Building(s) – 2022 FOA.

However, those Alaska communities with “islanded” microgrids may be interested in exploring Topic Area 3 under the Clean Energy Technology Deployment on Tribal Lands – 2022 FOA (DE-FOA-0002774).

2)     As stated in Section III.F. Questions Regarding Eligibility (page 31) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, for your purposes in making that decision, we offer the following:

Per Section I.B. of the FOA (page 11), ““Integrated Energy System(s)” under Topic Area 1 must, as a minimum, provide power to Tribal Building(s) and include: (1) clean energy generating system(s); (2) controls and management system(s); and (3) energy storage system(s). Such systems may also include (4) conventional energy generation device(s); however, conventional energy generation device(s) are eligible only if used solely as a dispatchable stand-by power source.”

The FOA also states on page 11, “[n]ote that some components of the proposed integrated energy system(s) may already exist and, therefore, not all of the components must be proposed for DOE funding; however, the integrated energy system(s) as a whole must meet the requirements under Topic Area 1. See definitions under Appendix A.”

3)     As stated under #2 above and in Section III.F. Questions Regarding Eligibility (page 31) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

As stated under #1 above and in Section I.A., for purposes of this FOA, ““unelectrified” means Tribal Buildings that are not connected to (1) the traditional centralized electric power grid, and not connected to (2) an integrated energy system(s) operating independent of the traditional centralized electric power grid.” [Emphasis added]

Therefore, if the facility does not current meet the definition of unelectrified as defined in the FOA, it is not eligible.

4)     Please see the response to #3 above.

5)     As stated under #2 and #3 above and in Section III.F. Questions Regarding Eligibility (page 31) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, for your purposes in making that decision, we offer the following:

Per Section I.A., for purposes of this FOA, ““unelectrified” means Tribal Buildings that are not connected to (1) the traditional centralized electric power grid, and not connected to (2) an integrated energy system(s) operating independent of the traditional centralized electric power grid.”

Therefore, if the collection of tribal facilities are currently are not connected to (1) the traditional centralized electric power grid, and not connected to (2) an integrated energy system(s) operating independent of the traditional centralized electric power grid, then those facilities would be considered unelectrified.

I have some questions regarding the Tribal Grants / Funding that are available. 

1. Regarding funding opportunities for Indian tribes, the Office of Indian currently has two Funding Opportunities Announcements (FOAs) current open, as follows:

1. Deploy clean energy technology on Tribal lands (DE-FOA-0002774)  

Applications due February 9, 2023

Information webinar November 29, 2022 (1:00-3:00 Mountain)

2. Power unelectrified Tribal buildings (DE-FOA-0002771)

Applications due February 23, 2023

Information webinar December 1, 2022 (1:00-3:00 Mountain)

Please review the FOAs for eligible technologies. You may also wish to explore the DOE Office of Indian Energy’s Current Funding Opportunities | Department of Energy and Funding - Energy Communities for other opportunities.

2. Per the FOAs issued by the DOE Office of Indian Energy under Section III.B., “[u]nless DOE approves a requested cost share reduction, a 20% cost share of the total allowable costs of the project (i.e., the sum of the DOE share, and the Recipient share of allowable costs equals the total allowable cost of the project) is required.”

However, Applicants may request a cost share reduction as part of their application, as set forth in Section III.B. of the FOA documents. As stated under Section III.B.2, “[c]ost share reduction requests of less than 10% of the Total Project Costs will not be considered. Cost share reductions from the required 20% to 10% will be based on financial need, specifically (1) poverty rate, or (2) median household income of the tribal community as a percentage of statewide median household income.”

3. Regarding a third-party managing the grant application process and funding disbursements, the DOE Office of Indian Energy will only make awards and provide funding to eligible applicants or those eligible to submit an application on behalf of an eligible Indian tribe as defined in the FOA documents (Section III.A.).

Per the Executive Summary on page 2 of the Funding Opportunity Announcement (FOA) document, “Applicants may submit more than one application to this FOA (including more than one application under a particular Topic Area), provided each application is for a distinctively different project and each application addresses only one Topic Area. 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 be limited to a single unique and distinct project; unrelated projects cannot be consolidated in a single application.”

Per Section III.F. “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following in making your decision.

If the projects are in two distinct villages, albeit similar in scope, they would be considered unrelated and cannot be consolidated into a single application.

The DOE Office of Indian Energy is unable to accept applications through any other means than IE-Exchange.

For security purposes, two-factor authentication is now required to access IE-Exchange, requiring applicants to create a Login.gov profile. Further, the other required registrations are required to apply for and accept an award. Specifically,

1. System for Award Management (SAM) registration, including obtaining a Universal Entity Identifier (UEI), is required to apply for and accept a federal award;
2. FedConnect registration is required to receive federal award documents; and
3. Grants.gov registration is required in order to receive automatic updates when amendments to the FOA have been posted.

There are no prohibitions against an eligible applicant working with a DOE/National Nuclear Security Administration (NNSA) Federally Funded Research and Development Centers (FFRDCs), including DOE laboratories, or non-DOE/NNSA FFRDCs. For purposes of this response, the terms National Laboratory and FFRDC are used interchangeably.

However, project involvement of DOE/NNSA FFRDCs or non-DOE/NNSA FFRDCs comes with additional requirements. The use of an FFRDC must be consistent with its authority under its federal contract. Specifically, the cognizant Contracting Officer for the FFRDC must authorize, in writing, the use of the FFRDC on the proposed project and this authorization must be submitted with the application. The following wording is acceptable for this authorization:

Authorization is granted for the (insert National Laboratory name) to participate in the proposed project. The work proposed for the (insert National Laboratory name) is consistent with or complementary to the missions of the (insert National Laboratory name) and will not adversely impact execution of the federally assigned programs at the (insert National Laboratory name).

Additionally, the value of and funding for the FFRDC portion of the work may or may not be included in the award to a successful applicant. Rather, DOE will fund a DOE/NNSA FFRDC contractor through the DOE Annual Operating Plan (AOP) and non-DOE/NNSA FFRDCs will be funded through an interagency agreement with the sponsoring agency. However, in some cases, DOE FFRDCs are funded through a subrecipient agreement with the prime recipient of the federal award. The FFRDC then executes an agreement with the prime recipient to arrange work structure, project execution, and any other matters. Regardless of these arrangements, the entity that applied as the prime recipient for the project will remain the prime recipient for the project.

Because FFRDCs are funded by the federal government, costs they incur generally may not be used to meet the FOA cost share requirement. Although the FFRDC portion of the work is usually excluded from the award to a successful applicant, the applicant’s cost share requirement will be based on the total cost of the project, including the applicant’s, the subrecipient’s, and the FFRDCs portions of the project.

Further, the prime recipient will be the responsible authority regarding the settlement and satisfaction of all contractual and administrative issues including, but not limited to, disputes and claims arising out of any agreement between the prime recipient and the FFRDC contractor.

Per the Buy America requirements prescribed under Section 70914 of the Bipartisan Infrastructure Law and as included in Appendix C of the Funding Opportunity Announcement (FOA) beginning on page 93, “none of the project funds (includes federal share and Recipient cost share) may be used for a project for infrastructure unless:

1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
2. all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
3. all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.”

Please review Appendix C of the FOA beginning on page 93 to see whether the proposed project meets the definition of infrastructure and confirm that there are no battery storage systems available that meet the requirements above. If both apply, per Appendix C (page 95), “[i]n limited circumstances, DOE may waive the application of the Buy America requirements where DOE determines that: (1) applying the Buy America requirements would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. If an Applicant is seeking a waiver of the Buy America requirements, it may submit a waiver request after it has been notified of its selection for negotiation of award.” [Emphasis added] See Appendix C of the FOA (page 95) for the content of a waiver request.

Per Section I.B. (page 8) of the Funding Opportunity Announcement (FOA), “[p]roposed installations may be for either: (1) Existing “Tribal Building(s)”; or (2) New “Tribal Building(s)” that are currently being constructed or planned to be constructed during the proposed grant period”, provided the building not yet built would otherwise would be unelectrified as defined in the FOA.

Summaries of all projects funded through DOE’s Office of Indian Energy are posted on its website at Tribal Energy Projects Database | Department of Energy. Besides an interactive map, those funded projects are included in a table which can be sorted by year and technology. Further, a list of projects selected for negotiation of award in 2021 can be found at DOE Awards $12 Million to Tribal Communities to Maximize Deployment of Energy Technology | Department of Energy and those selected for negotiation of award on 2022 can be found at DOE Awards $9 Million to Tribal Communities To Enhance Energy Security And Resilience | Department of Energy.

Copies of applications submitted in response to a competitive Funding Opportunity Announcement (FOA) are not publicly available.

To be eligible as cost share, any investment or production tax credits received under the Inflation Reduction Act of 2022 would need to be monetized, received and contributed to the project during the grant period. Additionally, direct payments in lieu of tax credits are not considered federal funding after receipt by a grantee and may also be used as cost share, provided those funds are received and contributed to the project during the grant period.

Please see Section III.B.4., Cost Share Types and Allowability, on page 29 of the funding opportunity announcement for sources of funds which may not be used to meet cost share.

No, if existing distribution lines exist, the buildings those existing distribution lines provide electricity for would not be considered unelectrified for purposes of this funding opportunity announcement. Only energy infrastructure for Tribal Building(s), which otherwise would be unelectrified, are eligible.

Per Section III.F. (page 32) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, for your purposes in making that decision, we offer the following based on the limited information provided:

Regarding applicant eligibility, universities and small businesses are not, in and of themselves, eligible applicants, unless that entity is an Indian Tribe, Intertribal Organization; or Tribal Energy Development Organization, or an eligible entity applying on behalf of an Indian Tribe or Tribes, as defined under Section III.A. of the FOA.

Regarding building eligibility, universities and small business buildings are not precluded as eligible Tribal Building(s) as defined under the Funding Opportunity Announcement (FOA), provided as stated in Section I.B. (page 8) of the FOA that “the eligible tribal entity has or has been granted certain rights and duties, specifically the ability to exercise authority, direction, and control over the project” and the census tract in which those buildings reside have a majority of residents are persons who are Natives (as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. § 1602(b)) or are enrolled members of a federally recognized Tribe or village.

Note that ownership of those eligible Tribal Building(s) “may be private, collective, or common and some of those rights and duties may be held by different parties. Tribal Building(s) are those where the eligible tribal entity has the authority to augment or modify the building and where the building is owned by the eligible tribal entity or tribal members or tribal organization, or the eligible tribal entity has a long-term lease (as a minimum, for the useful life of the proposed project).”

More specifically, per page 8 of the FOA “Tribal Buildings may include, but are not limited to, tribal member homes, schools, community buildings, clinics/hospitals, tribal government buildings, fire stations, police stations, radio stations, washaterias, utility facilities (such as water/wastewater systems), or tribal businesses.” [Emphasis added]

There is no prohibition to higher education institutions being a subcontractor or sub-grantee to an eligible applicant under this funding opportunity announcement.

No, the cost of performing a feasibility study cannot be reimbursed or included in an application to the subject Funding Opportunity Announcement (FOA). Per Section I.C. of the FOA, Application Specifically Not of Interest, “[a]pplications proposing studies, design, and engineering (excluding final design and engineering), or development (pre-construction) activities; or any other activity which does not directly result in the installation of equipment to generate electricity and/or heating or cooling, reduce energy use, or enhance energy storage and delivery infrastructure” are not of interest. [Emphasis added]

Further, per Section I.B. of the FOA, a comprehensive feasibility study is required as part of the application and therefore, must be completed prior to the submittal of an application. Additionally, per Section III.B. “Except for pre-award costs with prior DOE approval, only cost share contributions made during the period of performance of the grant, if awarded, can be considered. Any costs incurred prior to award selection cannot be considered as cost share or for reimbursement by DOE.”

Specific to Topic Area 1, Integrated Energy System(s) for Electrification, page 11 of the Funding Opportunity Announcement (FOA) states, ““Integrated Energy System(s)” under Topic Area 1 must, as a minimum, provide power to Tribal Building(s) and include: (1) clean energy generating system(s); (2) controls and management system(s); and (3) energy storage system(s). Such systems may also include (4) conventional energy generation device(s); however, conventional energy generation device(s) are eligible only if used solely as a dispatchable stand-by power source.” [Emphasis added]

On that same page, the FOA, defines ““Conventional Energy Generation Device(s),” for the purposes of this FOA include, but are not limited to, gas turbine, steam turbine, combustion gas turbines, stirling engine, internal combustion engine (e.g., diesel generator), and combined heat and power system.” It further states, “Note that some components of the proposed integrated energy system(s) may already exist and, therefore, not all of the components must be proposed for DOE funding; however, the integrated energy system(s) as a whole must meet the requirements under Topic Area 1. See definitions under Appendix A.”

Section I.C., Applications Specifically Not of Interest, of the FOA (page 14) states “Applications proposing conventional energy generation device(s), unless used solely as dispatchable stand-by power source” are not of interest. And further states that a “conventional energy generation device(s) is only eligible as dispatchable stand-by power source and only under Topic Area 1.”

No, the DOE Office of Indian Energy is not planning on setting up a matching portal for Buy America compliant battery storage systems for this Funding Opportunity Announcement (FOA). Any business arrangements must be made directly with the Indian tribe or other eligible tribal applicant.

Per Section I.A. (page 7) of the Funding Opportunity Announcement (FOA), applications are being sought “to provide electric power to Tribal Building(s), which otherwise would be unelectrified, by deploying (1) integrated energy system(s) (Topic Area 1) or (2) energy infrastructure (Topic Area 2). For purposes of this FOA, “unelectrified” means Tribal Buildings that are not connected to (1) the traditional centralized electric power grid, and not connected to (2) an integrated energy system(s) operating independent of the traditional centralized electric power grid. See definitions below and in Appendix A” [Emphasis added]

Therefore, the existence of a propane generator as the only current power source would not prohibit eligibility under the Powering Unelectrified Tribal Building(s) FOA (DE-FOA-0002771), provided those Tribal buildings are only using a propane generator and are not connected to (1) the traditional centralized electric power grid, and not connected to (2) an integrated energy system(s) operating independent of the traditional centralized electric power grid.

Further, “Integrated Energy System(s)” under Topic Area 1 may also include conventional energy generation device(s) such as a propane generator, provided that conventional energy generation device(s) is used solely as a dispatchable stand-by power source.

Only eligible applicants may apply under this Funding Opportunity Announcement (FOA). See Section III.A. beginning on page 23 for eligible applicants which for this FOA are limited to Indian Tribes, which include Alaska Native Regional Corporations and Village Corporations, Intertribal Organizations, and Tribal Energy Development Organizations, and on whose Tribal Lands the project(s) will be located. An ineligible entity may not apply on behalf of other eligible organizations. To apply, an eligible applicant requires a Unique Entity Identifier (UEI) number, obtained during the System for Award Management (SAM) registration or renewal process at https://www.sam.gov.  A UEI is required for all entities doing business with the federal government.

As the projects being sought under this funding Opportunity announcement are not considered ‘large construction projects’, contingency costs as a separate line item will not be considered. However, the budget estimates by cost category (e.g., labor, travel, equipment, contractual) within the proposed budget may consider uncertainty and those estimates should reflect those uncertainties. While these uncertainties may be included in the budget, please note only actual costs will be considered for reimbursement.

As stated in Section III.F. Questions Regarding Eligibility (page 25) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, for your purposes in making that decision, we offer the following based on the limited information provided in your question:

Per Section I.A., for purposes of this FOA, ““unelectrified” means Tribal Buildings that are not connected to (1) the traditional centralized electric power grid, and not connected to (2) an integrated energy system(s) operating independent of the traditional centralized electric power grid.” [Emphasis added]

If the portion of the building that has power receives that electricity from either the traditional centralized electric power grid or from an integrated energy system(s) operating independent of the traditional centralized electric power grid (as defined in the FOA), then the building would not be considered unelectrified for purposes of this FOA and therefore, not eligible.

If, however, the source of the power for the portion of the building that has power, receives that electricity from a distributed power source which is not connected to an integrated energy system(s) operating independent of the traditional centralized electric power grid (e.g., microgrid), then it may be eligible.  

Please review the requirements of this FOA to determine whether the building, as described, would qualify. If not, consider whether the Clean Energy Technology Deployment on Tribal Lands (DE-FOA-0002774) FOA may apply to your situation.

The DOE Office of Indian Energy understands the challenges elections have on a tribe’s ability to obtain the requisite Tribal Council Resolution due to the timing of the Funding Opportunity Announcement (FOA). Nevertheless, we are unable to extend the due date of this FOA and still obligate funds provided by Congress this fiscal year or to consider accepting an application without the needed commitments.

The Office of Indian Energy does, however, anticipate offering a similar funding opportunity soon which may provide you the time needed to obtain the requisite Tribal Council Resolution.

Yes, your response is sufficient. The Eligibility Statement and Evidence file template (question 1.g) provided on IE-Exchange under Application Forms and Templates, states “Note: it is not required to attach the Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, published by the Department of Interior’s Bureau of Indian Affairs in the Federal Register on January 28, 2022, 87 FR 19. Instead, simply indicate your evidence of authority is the BIA list of Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs.”

Please see the Eligibility Statement and Evidence file template for instructions on the information and documentation needed for that Tribal eligibility file.

For the purpose of calculating the payback period, the calculation should include the proposed “total project costs” (as that term is defined in the FOA), and any other federal funds that will be used for the proposed project. The application should address whether funds from other federal sources are being proposed as either federal funds against the total project costs or as non-federal cost share, as allowed by law, and the economic analysis and payback calculations reflect how those other federal funds are being proposed.

More specifically, the Technical Volume under economic viability (see Section 2.4 of the Technical Volume template) should include “the payback period, in years, against both (1) the total project investment (DOE share and recipient cost share) and (2) solely against the recipient cost share; describe planned sources of funding (e.g., grant, loans, investor financing) and the terms associated with use of those funds”.

Please note that per Section III.B. of the Funding Opportunity Announcement,  “If funds from a federal source are being proposed either as additional federal funds against the total project costs or as non-federal cost share, as allowed by law, the Applicant must provide a commitment letter from the federal agency as part of the application that specifically commits those funds and identifies the statutory authority that allows those funds to be used for the project being proposed. Additionally, if those funds are to be used as non-federal cost share, the commitment letter must also include the excerpt from the statutory authority that allows those funds to be used as non-federal cost share. These commitment letters 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 non-federal cost share from other federal sources.”

Please see the response to Question 14 on the FOA-specific Frequently Asked Question (FAQs) webpage.  

As such, monetized investment or production tax credits would not be considered federal funds, but rather contributed by the entity who chose to monetize those tax credits and contribute the resulting cash to the proposed project. Therefore, a letter of commitment and cost sharing from the entity monetizing and contributing those tax credits would be required, not from the federal agency providing those tax credits.

Additionally, direct payments in lieu of tax credits are not considered federal funding after receipt by a grantee and may also be used as cost share, provided those funds are received and contributed to the project during the grant period and therefore, a letter of commitment and cost sharing from the entity contributing those direct payments in lieu of tax credits would be required, not from the federal agency providing those direct payments.  

An Option Analysis is not required under this Funding Opportunity Announcement (FOA); the parenthetical language you reference is an error.  However, the comprehensive feasibility study should demonstrate the rationale for the proposed system as opposed to other options. As you note, the documents for a complete application are included in Table 3, Required Application Documents, beginning on page 28 of the FOA document.

As stated in Section III.F. Questions Regarding Eligibility (page 31) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, for your purposes in making that decision, we offer the following based on the limited information provided in your question:

Per Section I.C., Applications Specifically Not of Interest, on page 14 of the Funding Opportunity Announcement (FOA), “Any application where the Applicant has already taken irreversible actions regarding the proposed DOE funded project” is not of interest. Additionally, per Section IV.H.3., “DOE’s decision whether and how to distribute federal funds under this FOA is subject to NEPA. Applicants should carefully consider and should seek legal counsel or other expert advice before taking any action related to the proposed project that would have an adverse effect on the environment or limit the choice of reasonable alternatives prior to DOE completing the NEPA review process.”  

As described in your question, if the “Z” funds are part of the proposed project to DOE, the project activities related to the signed contract must not have begun prior to DOE approval (if the application is selected for award) and the act of contracting for those project activities must not be irreversible, regardless of whether they have been paid for.

If, however, project activities associated with the “Z” funds have not begun prior to DOE approval (if the application is selected for award) and the act of contracting for those project activities is reversible, then those costs could possibly be considered as cost share, provided the totality of activities associated with the “Z” funds combined with the “Y” funds meet the requirements under the FOA and under the Topic Area it is submitted.

There is not a template for the Tribal Counsel Resolution. However, Section IV.C.6. of the Funding Opportunity Announcement provides information on the required content.

As stated in Section III.F. Questions Regarding Eligibility (page 31) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, for your purposes in making that decision, we offer the following based on the limited information provided in your question:

Per the Funding Opportunity Announcement (FOA) only commercially proven warrantied technology is eligible, and only if it meets the requirements of the Topic Area under which it is proposed. See Appendix A of the FOA for the definition of “commercially proven” and “warrantied”, Section I.B. for Topic Area requirements, and Section I.C. for applications specifically not of interest.

Please consult with the U.S. Department of Treasury, Internal Revenue Service, or seek legal counsel.

The lease value of land used for the project may be considered as cost share for the period of the grant, provided evidence of the basis used to determine that lease value is provided. The purchase value of the land may not be used as cost share. The estimated lease value for the period of the grant would be included in the “Other’ cost category on the Budget Justification Workbook form (IE 540.132-01) and on the Cost Share tab of the same workbook. Additionally, the land status would be described in the Eligibility Statements and Evidence File and a commitment (declaration, resolution, or letter) would be included as part of the Participant Letters of Commitment and Cost Sharing File. See Section IV.C.6. and Section IV.C.7 of the funding opportunity announcement for the information required as part of the Applicant Tribal Council Resolution or Declaration of Commitment and Cost Sharing file and the Participants Letter of Commitment and Cost Sharing file. Also, see Appendix B (page 90 and 91) for information on valuing and documenting contributions and property.  

If you plan to select a vendor through a competitive process, please indicate that in the Budget Support file, using ‘TBD vendor’ on the Budget Justification Workbook, and providing a subcontract plan as part of the Budget Support file. The materials from a potential vendor may, however, be used to support your budget estimate in the Budget Justification Workbook and should be provided as an attachment to the Budget Support file.

If, however, you intend for the vendor to be selected noncompetitively, state that in the Budget Support form, identify the vendor in the Budget Justification Workbook form and attach any budget support materials to the Budget Support form. Please be aware, that noncompetitively selecting a vendor must be in compliance with your procurement policy and if your application is selected for negotiation, will require a sole source justification and approval by the DOE Contracting Officer.  

Please see the Budget Support template available on IE-Exchange for more information and instructions.  

The assistance of a DOE employee would not disqualify the application from consideration. Any assistance provided prior to the application being selected for negotiation would not be considered cost share. Only contributions made after selection, with DOE approval, could be considered as an in-kind contribution.

We would, however, suggest you contact your Ethics Official to assure there are no ethics issues associated with the described assistance.

The maximum amount of DOE funding per award under each of the Topic Areas is as follows: (1) $2,000,000 for Topic Area 1; (2) $4,000,000 for Topic Area 2; (3) $2,000,000 for Topic Area 3.a.; and (4) $4,000,000 for Topic Area 3.b. See the Executive Summary (page 1) and Section II.A.1. (page 22) of the Funding Opportunity Announcement (FOA) document. Per the Executive Summary (page 2) and Section III.E., Limitation on Number of Applications Eligible for Review, of the FOA document, “Applicants may submit more than one application to this FOA (including more than one application under a particular Topic Area), provided each application is for a distinctively different project and each application addresses only one Topic Area. 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 be limited to a single unique and distinct project; unrelated projects cannot be consolidated in a single application.”

Therefore, since an applicant may submit more than one application under a particular Topic Area, there is theoretically no maximum amount that could be requested, provided each application is for a distinctly different project and only addresses one Topic Area.

Under this FOA, cost share is calculated on the total allowable costs of the project (i.e., the sum of the Government share and the Recipient share of allowable costs equals the total allowable cost of the project), not as a percentage of the funds being requested from DOE. See Section III.B. FOA document. Per Section III.B.2 (page 28) of the FOA, “[u]nless DOE approves a requested cost share reduction, all Applicants are required to provide non-federal cost share of at least 20% of the total allowable costs of the project (i.e., the sum of the Government share and the Recipient share of allowable costs equals the total allowable cost of the project). However, per Section III.B.2., a cost share reduction from 20% to 10% may be requested, and if approved, the minimum cost share required would be 10%.

Therefore, based on a 20% cost share and a cumulative request from DOE of $10,000,000, the cost share would be 20% of the total allowable project costs of $12,500,000, or cost share of $2,500,000. To calculate the total allowable project costs, divide the cumulative requested DOE amount ($10,000,000) by the percentage of DOE’s share (80% in this example) and to calculate the amount of cost share, subtract the requested cumulative DOE amount ($10,000,000) from the total allowable project costs ($12,500,000) to obtain the amount of cost share ($12,500,000 - $10,000,000 = $2,500,000). See Appendix A of the FOA document for more on how cost share is calculated.

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As stated in Section III.F. Questions Regarding Eligibility (page 31) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, for your purposes in making that decision, we offer the following based on the limited information provided in your question:

Even though all may be located on an Indian reservation, only buildings that meet the definition of Tribal Building(s) as defined in the Funding Opportunity Announcement (FOA) would be eligible. The definition is included below for reference.

““Tribal Building(s),” for the purposes of this FOA, is a single or multiple buildings located on Tribal Lands, where the eligible tribal entity has or has been granted certain rights and duties, specifically the ability to exercise authority, direction, and control over the project. Note that ownership may be private, collective, or common and some of those rights and duties may be held by different parties. Tribal Building(s) are those where the eligible tribal entity has the authority to augment or modify the building and where the building is owned by the eligible tribal entity or tribal members or tribal organization, or the eligible tribal entity has a long-term lease (as a minimum, for the useful life of the proposed project). Tribal Buildings may include, but are not limited to, tribal member homes, schools, community buildings, clinics/hospitals, tribal government buildings, fire stations, police stations, radio stations, washaterias, utility facilities (such as water/wastewater systems), or tribal businesses.” [Emphasis added]  

Eligible tribal entities under the FOA include: (1) an Indian Tribe; (2) Intertribal Organization; or (3) Tribal Energy Development Organization; and (4) on whose Tribal Lands the project(s) will be located. See Section III.A. of the FOA for further definition.

If the Tribal Council Resolution has not yet been executed, it is recommended to include an “up to maximum” amount and percentage. Per Section IV.C.6., the Tribal Council Resolution must “commit to the total amount of cost share (specific dollar amount or up to a maximum amount and percentage of total proposed project costs)”. [Emphasis added]

If, however, the Tribal Council Resolution has already been executed, it would be recommended that the proposed budget in the application be less than or equal to that committed amount, and if the application is selected for negotiation, the budget and associated forms and commitments could be updated then. You may also want to address this issue as part of the Budget Support File and include a letter of explanation as part of the Applicant Tribal Council Resolution or Declaration of Commitment and Cost Sharing File.  

As stated in Section III.F. Questions Regarding Eligibility (page 31) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, for your purposes in making that decision, we offer the following based on the limited information provided in your question:

The project proposed under the subject FOA must encompass the entirety of the project as defined under Section I.B. of the FOA, not just a segregated portion. Further, per Section III.B., “All Recipient cost share must come from non-federal sources and be clearly identified in the application, unless otherwise allowed by law (see note below).” [Emphasis added] The subsequent note under Section III.B. identifies numerous sources of federal funding for Indian tribes which might be a source of cost share.

Based on the limited information on the ‘DOE total project’ and the ‘overall total cost’ it is difficult to advise you on how to reflect those costs. For the purposes of submitting an application, please reflect the ‘DOE total project’ on the Application for Federal Assistance (SF-424) and the Budget Justification Workbook form (IE 540.132-01), including explanatory note(s) in the Budget Justification Workbook form regarding the additional federal funds and include additional information, including the source of those funds, in the Budget Support file. If your application is selected for funding, we would determine the best way to reflect those ‘other resources’. On the Summary slide, please include the ‘DOE total project cost’ and separately reflect the ‘other resources’ with a brief explanation.

Please see Section III.B. for additional information on federal funding. An excerpt is included below for your reference.

“If funds from a federal source are being proposed either as additional federal funds against the total project costs or as non-federal cost share, as allowed by law, the Applicant must provide a commitment letter from the federal agency as part of the application that specifically commits those funds and identifies the statutory authority that allows those funds to be used for the project being proposed. Additionally, if those funds are to be used as non-federal cost share, the commitment letter must also include the excerpt from the statutory authority that allows those funds to be used as non-federal cost share. These commitment letters 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 non-federal cost share from other federal sources.”

The Applicant is required to attest to the land status in their Applicant Tribal Council Resolution or Declaration of Commitment and Cost Sharing file and certify to the land status in the Eligibility Statements and Evidence file and attach applicable evidence or supporting documentation, as needed, to support DOE’s land status eligibility determination (e.g., land lease or other agreements). DOE has not specified the form of that evidence.

As stated in Section III.F. Questions Regarding Eligibility (page 31) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, for your purposes in making that decision, we offer the following based on the limited information provided in your question:

The FOA does not preclude intertribal organizations from applying, provided the entity meets the eligibility requirements of the Funding Opportunity Announcement (FOA) and the requisite commitments are included in the application. Please review the definition of each eligible entity under Section III.A. of the FOA to determine the applicant type that best represents your organization (e.g., consortium of Indian tribes, Tribal Organization, Intertribal Organization, Tribal Energy Development Organization).

Additionally, the FOA does not preclude multiple projects sites, provided (1) the application meets the requirements of the FOA and specific Topic Area, (2) each site is on Tribal Lands as defined in the FOA, (3) the proposed buildings meet the definition of ‘Tribal Buildings’ as defined in the FOA (see page 8 or Appendix A) including that the “eligible tribal entity has the authority to augment or modify the building and where the building is owned by the eligible tribal entity or tribal members or tribal organization, or the eligible tribal entity has a long-term lease (as a minimum, for the useful life of the proposed project)”, and (4) the scope proposed is for a single project under only one particular Subtopic Area.  

Per Section IV.C.6., Applicant Tribal Council Resolution or Declaration of Commitment and Cost Sharing File, “All Tribal Council Resolution(s), declarations, or resolutions must . . . identify a representative of the Applicant as the Business Contact and authorize that person to act on behalf of the Applicant”.

Provided the Tribe’s designated Business Contact and Project Manager are identified on the coversheet of the Technical Volume (name, title, contact information) and the person to be contacted regarding matters involving this application (field 8.f.) is identified on the Application for Federal Assistance (SF-424), the Tribal Council Resolution may omit the use of names and only use titles for the designated Business Contact and Project Manager.