Per Section III.A (page 11), “eligibility for award under this Funding
Opportunity Announcement is restricted to: (1) an Indian Tribe; (2) Tribal
Energy Resource Development Organization; or (3) Tribal Consortium; and on whose
(4) Indian Lands the project(s) will be located.” Beware, however, that for
purposes of this Funding Opportunity Announcement (FOA), Indian Tribe means any
“Indian Tribe, Band, Nation or other organized group or community (see below for
further definition), including any Alaska Native village, regional corporation,
or village corporation as defined in and established pursuant to the Alaska
Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. §§ 1601 et seq.], which
are recognized as eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.” Therefore, if the
“Tribal Corporation” is an Alaska Native regional corporation or a village
corporation as defined in and established pursuant to the Alaska Native Claims
Settlement Act (ANSCA), then that “Tribal Corporation” is directly eligible to
apply to this FOA. If, however, the “Tribal Corporation” is not an Alaska Native
regional corporation or a village corporation, then it is not directly eligible,
but may be able to submit an application on behalf of an eligible entity.
If, for instance, the “Tribal Corporation” is a legally established
organization of an Indian Tribe, which is controlled, sanctioned, or chartered
by the recognized governing body of that Indian Tribe, then it may be able to
apply on behalf of the Indian Tribe as a “Tribal Organization.” For purposes of
this FOA, a “Tribal Organization” may include, but is not limited to, a
subsidiary, subdivision, or instrumentality of an Indian Tribe, established
under Congressional, State or Tribal law to act on behalf of an Indian Tribe.
Applications may be submitted by an authorized “Tribal Organization”, provided
evidence of the authority to submit an Application, relative to the proposed
project, is supplied as part of the Application. Evidence may include, but is
not limited to, a constitution, resolution, ordinance, executive order, charter
or other legal documentation. EERE will determine the sufficiency of the
authorization based on the evidence submitted as part of the Application.
If, however, the “Tribal Corporation” is “any organization comprised of two
or more Indian Tribes, established under Congressional, State, or Tribal law to
act on behalf of the participating Indian Tribes”, then for purposes of this
FOA, it may be defined as an “Inter-Tribal Organization” and able to apply on
behalf of an eligible entity. “Inter-Tribal Organizations” may include, but are
not limited to, inter-tribal councils, regional tribal organizations or
associations, and tribal federations. Applications may be submitted by an
authorized “Inter-Tribal Organization”, provided evidence of the authority to
submit an Application, relative to the proposed project, is supplied as part of
the Application. Evidence may include, but is not limited to, a resolution,
ordinance, executive order, charter, P.L. 93-638 contract, self-governance
compact, or other legal documentation. EERE will determine the sufficiency of
the authorization based on the evidence submitted as part of the
Application.
Please also see the definitions of “Tribal Energy Resource Development
Organization” and “Tribal Consortium” under Section III.A (pages 11-12) to see
if those definitions might apply to the “Tribal Corporation” in question.