Frequently Asked Questions

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Per Section IV.H.3. (beginning on page 61), “DOE’s decision whether and how to distribute federal funds under this FOA is subject to NEPA” and DOE must conduct a NEPA review for all proposed project activities prior to authorizing the use of federal funds.

Section VI.B.6. states, “DOE’s decision whether and how to distribute federal funds under the subject FOA is subject to the National Environmental Policy Act as codified and amended at 42 U.S.C. § 4321, et seq.. NEPA requires federal agencies to integrate environmental values into their decision-making processes by considering the potential environmental impacts of their proposed actions. For additional background on NEPA, please see DOE’s NEPA website, at http://energy.gov/nepa.

While NEPA compliance is a federal agency responsibility and the ultimate decisions remain with the federal agency, all Applicants selected for an award will be required to assist in the timely and effective completion of the NEPA process in the manner most pertinent to their proposed project. If DOE determines certain records must be prepared to complete the NEPA review process (e.g., biological evaluations or environmental assessments), the costs to prepare the necessary records can be included as part of the proposed project budget.”

If selected, each Applicant will be required to complete an environmental questionnaire and provide as much information as possible to allow DOE to make a NEPA determination. Depending on the scale of the project, the technology, and site-specific environmental considerations,  a NEPA a determination may be able to be made prior to award. However, if a NEPA determination cannot be made prior to award, environmental studies or analyses may be required to support a determination, and therefore, incorporated as part of the grant agreement. Note that until DOE has made a final NEPA determination, only activities that have been determined to not have an adverse effect on the environment or limit the choice of reasonable alternatives prior to DOE completing the NEPA review process, would be allowed and all other federal and cost share funds would not be authorized until a final NEPA determination has been made.

As such, NEPA studies or analysis need not be completed prior to applying for funding; however, environmental factors need to be considered and DOE must conduct a NEPA review for all proposed project activities prior to authorizing the use of federal funds.

As stated in Section III.F. Questions Regarding Eligibility (page 40) 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 Applicant Eligibility requirements have not changed between the 2020 and 2024 FOA as they are defined in statute. Eligibility for award under both FOAs remains “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.”

If your question is in reference to Section II.A.3. (New Applications Only) which states, “DOE will accept only new applications under this FOA. DOE will not consider applications for renewals or continuations of existing DOE funded awards through this FOA”:  Applications for similar activities would be eligible provided it is not a renewal or continuation of an existing DOE funded award and the Applicant and the proposed project met all other requirements of the FOA.

If you are referring to whether the Tribal community would be considered a new Applicant as it refers to the Program Policy Factors (Applicants who have not previously received a grant from the Office of Indian Energy): The Tribal community would not be considered a new Applicant as the community received a prior grant.

The FOAs are similar; however, not identical. It is therefore essential you review the FOA to determine whether the Tribal community and the proposed project meet the requirements of DE-FOA-0003298.

If the above does not answer your question, please clarify your question.

As stated in Section III.F. Questions Regarding Eligibility (page 40) 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 defined under Section I.B. and under Appendix A, ““Renewable energy system(s),” for the purposes of this FOA, include systems for: (1) electric power generation; and/or (2) heating or cooling systems.

(1) Renewable energy system(s) for electric power generation include, but are not limited to, photovoltaic (solar electric), biomass (including waste to energy), wind power, hydropower (diversion, run-of-river, small impoundment and incremental), or other renewable energy hybrid systems for electricity power generation. Note that, for purposes of this FOA, ground or air source heat pumps are considered an energy efficiency measure.

(2) Heating or cooling system(s) include, but are not limited to, the use of biomass for high efficiency combustion systems (i.e., stoves and boilers), active solar thermal systems for space or water heating, wind energy for heating, direct-use hydrothermal (geothermal) resources for water and space heating, or other renewable energy hybrid systems for heating and/or cooling.”

Also as defined under Section I.B. and Appendix A, ““Combined Heat and Power System(s),” for the purposes of this FOA include, but are not limited to, integrated systems that simultaneously generate heat and power using energy efficient turbines, reciprocating engines, micro-turbines, fuel cells, or waste heat recovery systems (capturing heat discarded by an existing process and using that heat directly or to generate power). Combined heat and power systems may be fueled by any fuel source (natural gas, landfill or sewage gas, fuel and gas oils, coal, lignite, coke, biomass or biogas, renewable natural gas, renewable hydrogen, solid waste, waste gases, or waste process heat).”

Based on the above definitions, nuclear would not be considered a renewable energy system or combined heat and power system.

Per Section I.B. (page 10 of the Funding Opportunity Announcement (FOA) document), “To be eligible, all proposed projects must have:

(1) Completed energy studies and analyses (comprehensive feasibility study and/or energy audit(s) or industrial energy assessment(s)), and

(2) Completed development (pre-construction) activities, and design and engineering (except final design and engineering).

Only final design and engineering activities directly resulting in the installation of clean energy technology or infrastructure, or verification of the actual energy generated, displaced, or saved (amount, cost, and percentage), are allowable activities under this FOA (see Section I.C., Applications Specifically Not of Interest).”

Specifically, per Section IV.C.18. (beginning on page 58 of the FOA document), “All Applicants must provide a Design and Engineering File consisting of completed design and engineering (except final design and engineering) documents that may include, but are not limited to, detailed engineering drawings, interconnection studies and/or agreements (if applicable), detailed materials and equipment lists, hardware specifications, warranties, and any other design or engineering data to supplement the Technical Volume. The Design and Engineering File supplements the Technical Volume in addressing the Technical Review Criteria included in Section V.A. of the FOA.”

In addition to the above requirements, please review those specific to the particular Subtopic Area of interest (Section I.B.) and the entire FOA to ensure your project meets all requirements.

As stated in Section III.F. Questions Regarding Eligibility (page 40) 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 8) of the FOA, applications are being solicited to: to: (1) install clean energy generating system(s) and energy efficiency measure(s) for Tribal Building(s) (Topic Area 1); or, (2) deploy community-scale clean energy generating system(s) or community energy storage on Tribal Lands (Topic Area 2); or, (3) install integrated energy system(s) for autonomous operation (independent of the traditional centralized electric power grid) to power a single or multiple Essential Tribal Buildings during emergency situations or for tribal community resilience (Topic Area 3); or, (4) provide electric power to unelectrified Tribal Buildings (Topic Area 4).

Therefore, unless the EV chargers meet the Topic Areas above and as described in the FOA document, they would not meet the intent of the FOA. Further, per Section I.C. Applications Specifically Not of Interest, “Applications for commercial or utility-scale projects intended solely for revenue generation through the export of electricity off Tribal Lands for commercial sale” are not of interest. [Emphasis Added]

The Alternate Data Option Instructions on page 4 of the Cost Share Reduction Request Template states, “If an Applicant does not qualify for a cost share reduction based on the Census Bureau’s My Tribal Area and ACS Data Profiles by State data, the Applicant has the option to use self-reported data for the poverty rate and median household income of the tribal community(ies) where the project will be located. See Question #7 of the Cost Share Reduction Request template below for instructions.”

And Question #7 states, “If an Applicant does not qualify for a cost share reduction based on the Census Bureau’s My Tribal Area and ACS Data Profiles by State data (Question #3 through Question #6 above) or the data is unavailable, the Applicant has the option to use self-reported data for the poverty rate and median household income of the tribal community(ies) where the project will be located. If you wish DOE to consider a source other than on the Census Bureau’s My Tribal Area and ACS Data Profiles by State data, please provide the following information.” [Emphasis added]

Based on the above, the Tribe may provide self-reported data [or other sources of data] to support their request; however, per Section III.A. of the Funding Opporutnity Announcement, “DOE will not make sufficiency determinations prior to an application being submitted.”

Receipt of funding from another federal agency would not disqualify the Housing Authority or Tribe from submitting an application under the subject Funding Opportunity Announcement (FOA).  However, (1) the project being proposed under this FOA must be distinctly different from the project for which you were awarded funding from DOI, or (2) if the project being proposed under this FOA and the DOI project are the same, the DOI funds must either be proposed as an additional federal funds against the total project costs or (b) as non-federal cost share (see below).

As stated in Section IV.C.15 of the FOA, all Applicants are required to submit a Potentially Duplicative Funding Notice as part of their application. Specifically, “If the Applicant or Project Team member has other active awards of federal funds, the Applicant must determine whether the activities of those awards potentially overlap with the activities set forth in its application to this FOA. If there is a potential overlap, the Applicant must notify DOE in writing of the potential overlap and state how it will ensure any project funds (i.e., recipient cost share and federal funds) will not be used for identical cost items under multiple awards. Likewise, for projects that receive funding under this FOA, if a Recipient or Project Team member receives any other award of federal funds for activities that potentially overlap with the activities funded under the DOE award, the Recipient must promptly notify DOE in writing of the potential overlap and state whether project funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items under the DOE award. If there are identical cost items, the Recipient must promptly notify the DOE Contracting Officer in writing of the potential duplication and eliminate any inappropriate duplication of funding.”

Further, Section II.B. under Cost Sharing states, “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.”

As stated, per Section III.F. Questions Regarding Eligibility (page 40) 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 information provided in your question:

Provided the Tribal College’s buildings are located on Tribal Land and the eligible tribal entity has been granted certain rights and duties as defined in the FOA, those buildings would be considered Tribal Buildings. Students who are enrolled members of federally recognized Tribes would be considered part of the tribal community for the purpose of establishing “Essential Tribal Buildings” as defined in the FOA.

1. Costs for project oversight and grant management, such as direct personnel costs, are allowable costs under the grant. If, however, those activities were conducted by a consultant or outside firm, those costs would be considered contractual.
2. Although similar deployment funding opportunity announcements (FOAs) have been issued multiple times over the last 15 years, whether they will be issued in the future is dependent on numerous considerations, including mission priorities and availability of annual appropriations.  We cannot, therefore, state whether they will be offered in 2025 and 2026.
3. Page 6 of the FOA states, “Cost share commitments cannot be dependent on some future event, such as receiving a grant, obtaining a loan, monetizing tax incentives, or securing an investor. Furthermore, although the cost share requirement applies to the project as a whole (including work performed by members of the Project Team other than the Recipient) the Applicant is ultimately and legally responsible for providing the entire amount of cost share required, if an award is made, even if the cost share is being provided by a Subrecipient(s).” Therefore, cost share may be provided by project team members; however, cost share must come from non-federal sources and be clearly identified in the application, unless otherwise allowed by law. For more on Cost Sharing, see Section III.B. of the FOA.
4. The Applicant must be an eligible Tribal entity; however, there are no specific requirements or prohibitions on who the Tribe or other eligible Applicant chooses as project participants. Therefore, a non-tribal entity can be considered a “Participant” (e.g., a local utility company).
5. The process for requesting a cost share reduction from 20% to 10% is described under Section III.B.2. of the FOA. The Cost Share Reduction Request Template and Instructions can be downloaded from IE-Exchange at https://ie-exchange.energy.gov under Application Forms and Templates.

As stated in the Funding Opportunity Announcement (FOA), “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.”

For more information, please see the FOA at ie-exchange.energy.gov.

As stated in Section III.F. Questions Regarding Eligibility (page 40) 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 III.A. (Eligible Applicants) of the FOA (page 31), “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.” Based on the above, a Tribally-owned company would not, in and of itself, be eligible; however, per page 32 “Applications 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.” See the definition under Section III.A. or Appendix A of the FOA.

Per Section I.B. of the FOA (page 11), “Clean Energy Generating System(s)” for the purposes of this FOA include: (1) renewable energy system(s), or (2) combined heat and power system(s) using renewable fuels such as biomass, biogas, renewable natural gas, or renewable hydrogen. See definitions under Appendix A.” [Emphasis added] Therefore, provided the Applicant and application meet all the other requirements of the FOA, a “combined heat and power system(s) using renewable fuels such as biomass would be eligible under specific Subtopic Areas. Please review the Subtopic Areas described in the FOA and the associated Subtopic Area requirements to see if the planned project meets those requirements.

Similar deployment funding opportunity announcements (FOAs) have been issued multiple times over the last 15 years; however, whether they will be issued in the future is dependent on numerous considerations, including mission priorities and availability of annual appropriations.  We cannot, therefore, state whether they will be offered in future and if so, for how many year.

Although it is ultimately the tribe’s decision whether to obtain an amendment to its comprehensive feasibility study, we provide the information below to assist the tribe in making that decision.

Per Section I.B. of the Funding Opportunity Announcement (FOA), each Subtopic Area requires a comprehensive feasibility study, except Subtopic Area 1.b. (Energy Efficiency Measure(s)), which requires an energy audit(s) or industrial energy assessment(s). By way of example, if the tribe intends to submit an application under Subtopic 1.a., it needs to assure the required comprehensive feasibility study “clearly identifies the need, demonstrates the rationale for selecting the proposed clean energy generating system(s) as opposed to other options, demonstrates the availability of the resource, demonstrates the technical and economic viability, including interconnection analyses (if applicable) financial sustainability, of the proposed clean energy generating system(s).” As such, if the current feasibility study needs amending, it should address the items above as required for the specific Subtopic Area of interest.

Further, be aware that in addition to a comprehensive feasibility study, applications submitted under the FOA are also required to include completed development (pre-construction) activities, and design and engineering (except final design and engineering). See page 10 of the FOA and each Subtopic Area under Section 1.B. The completed design and engineering (except final design and engineering) may include, but is not limited to, detailed engineering drawings, interconnection studies and/or agreements (if applicable), detailed materials and equipment list(s), hardware specifications, warranties, and any other design or engineering data to supplement the Technical Volume.

As stated, per Section III.F. Questions Regarding Eligibility (page 40) 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 information provided in your question:

Assuming the buildings identified do not comprise a “substantial” number of Tribal Buildings within a community, or a “substantial” portion of the community’s energy load”, then the proposed project would be facility scale and, as described, may fall under Topic Area 1.a. (Clean Energy Generating System(s)), where ““Clean Energy Generating System(s)” for the purposes of this FOA include: (1) renewable energy system(s), or (2) combined heat and power system(s) using renewable fuels such as biomass, biogas, renewable natural gas, or renewable hydrogen.”

Please review the requirements of Subtopic Area 1.a. and the entire FOA to ensure the planned project meets those requirements. Note that per Section I.B. of the FOA (page 10) to be eligible, all proposed projects must have: (1) Completed energy studies and analyses (comprehensive feasibility study and/or energy audit(s) or industrial energy assessment(s)), and (2) Completed development (pre-construction) activities, and design and engineering (except final design and engineering).

As stated in Section III.F. Questions Regarding Eligibility (page 40) 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 information provided in your question:

Per the Funding Opportunity Announcement (FOA), page 31, under section III A. Eligible Applicants, “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.” Unless your organization falls under one of these eligible applicants, your organization would not qualify.

Further, the subject FOA is solicitating applications to: “(1) install clean energy generating system(s) and energy efficiency measure(s) for Tribal Building(s) (Topic Area 1); or, (2) deploy community-scale clean energy generating system(s) or community energy storage on Tribal Lands (Topic Area 2); or, (3) install integrated energy system(s) for autonomous operation (independent of the traditional centralized electric power grid) to power a single or multiple Essential Tribal Buildings during emergency situations or for tribal community resilience (Topic Area 3); or, (4) provide electric power to unelectrified Tribal Buildings (Topic Area 4). The acquisition of three electric trash trucks, as described, does not appear to meet the type of applications being sought.

Finally, per the Executive Summary of page 3, “Applications must be submitted through IE-Exchange at https://ie-exchange.energy.gov, DOE’s online application portal. DOE will not review or consider applications submitted through other means.”

Please review the FOA for additional requirements to determine whether the proposed project meets the intent and requirements of the FOA.

Per the Funding Opportunity Announcement (FOA), page 31, under section III A. Eligible Applicants, “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.” Unless your organization falls under one of these eligible applicants, your organization would not qualify.

Section III.A. (Eligible Applicants) beginning on page 33 and Appendix A of the FOA provide the definition of Tribal Lands. Specifically,

“Tribal Lands,” for the purposes of this FOA, is defined as: (a) “Indian land” (see definition below); (b) lands held in fee simple (purchased or owned) by an Indian Tribe, Intertribal Organization, Tribal Energy Development Organization, or other eligible Applicant; (c) lands held under a long-term land lease (as a minimum, for the useful life of the proposed project) by an Indian Tribe, Tribal Energy Development Organization, or other eligible Applicant; and (d) land that was conveyed to a Native Corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. § 1601, et seq.) and subsequently conveyed to another entity, provided that entity is either a Native village or Tribal governmental entity or the land is held, invested, managed for and on behalf of a Native village or Tribal governmental entity.”

Therefore, funds do not necessarily need to be expended on ‘trust land or just lands owned by the Tribe. But the project must be located on Tribal Lands which may include trust land, lands held on fee simple (owned) by the Tribe, held under a long-term land lease, or land that was conveyed to a Native Corporation pursuant to the Alaska Native Claims Settlement and subsequently conveyed as detailed above. See the FOA for additional definitions.

There is not a teaming list for Funding Opportunity Announcement DE-FOA-0003298. To participate as a project team member in an application you would need to establish a business relationship directly with an eligible applicant.

Please see the answers to Question #5 and Question #14.

Thank you for your interest. Please find below response to your questions.

1. Commitments of donated time, equipment use, unrecovered fringe benefit costs or unrecoverable indirect costs by the Applicant are technically considered cash for budgetary purposes, whereas contributions of similar types of cost sharing by a third party are considered in-kind contributions. Notwithstanding, please identify the types and sources of cost share in the Tribal Council Resolution and as stated under item 7 on page 49 of the Funding Opportunity Announcement (FOA), regardless of the source of that cost share, the Applicant is “ultimately and legally responsible for providing the entire amount of cost share required, if an award is made, even if the cost share is being provided by a Subrecipient(s)” and must “[c]ommit to the total amount of cost share (specific dollar amount or up to a maximum amount and percentage of total proposed project costs)”.

2. A specific tract of land or building proposed as part of the project must be identified within the application; however, the Tribal Council Resolution need only commit that land or building(s) and as specified under number 9 on page 49 of the FOA, “[a]ffirm that the project is on Tribal Land as that term is defined in this FOA” and as specified under item 10, affirm “that the building(s) is a Tribal Building(s) (Topic Area 1 and Topic Area 4) or an Essential Tribal Building(s) (Topic Area 3), as those terms are defined in this FOA”.

As stated in Section III.F. Questions Regarding Eligibility (page 40) 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:

Provided the proposed project meets the requirements of an integrated energy system(s) for autonomous operation (independent of the traditional centralized electric power grid), subtopic Area 3.b. would apply if (1) the proposed system powered a ““substantial” number of Essential Tribal Buildings within a community, or a “substantial” portion of the community’s energy load, or an entire tribal community for community resilience, where for the purposes of this FOA, “substantial” means of “ample or considerable amount”” and (2) “[a]n explanation as to how the proposed project meets the “community-scale” requirement” is included as part of the Technical Volume and specifically addresses the “substantial” aspect of the proposed project. [Emphasis added]

If “100% of the most vulnerable households” equates to a “substantial” number of Essential Tribal Buildings within a community, or a “substantial” portion of the community’s energy load, then the proposed project would meet that requirement for Subtopic Area 3.b. Conversely, if the proposed project does not meet the requirement of ”substantial”, you may wish to consider Subtopic Area 3.a. (Powering Essential Tribal Building(s)).  

As stated, per Section III.F. Questions Regarding Eligibility (page 40) 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 information provided in your question:

First, per Section III.A. “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.” Please review Section III.A. to ensure the applicant and the utilities service territory meet the definitions as defined within the FOA. Below are responses to your specific questions.  

1.           Per Section I.B.3. beginning on page 22 of the FOA, “Under Topic Area 3, the DOE Office of Indian Energy is soliciting applications to install integrated energy system(s) for autonomous operation (independent of the traditional centralized electric power grid) to power”, where the integrated energy system(s) “must, as a minimum, provide power to Essential 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.”

Provided an integrated energy system(s) is proposed, as stated on page 24, “Interconnection infrastructure such as distribution substations, circuits, circuit breakers, switchgear, busbars, distribution lines, distribution transformers, capacitors, voltage regulators, meters, and utility poles, may be proposed under Subtopic Area 3.b., provided the proposed interconnection infrastructure is essential to the proposed project. The justification as to why that infrastructure is essential to the proposed project must be addressed as part of the Technical Volume. Note that in order for the proposed interconnection infrastructure to be eligible, it must be essential, and the land on which that infrastructure is proposed must either be (1) on Tribal Land; or (2) the necessary site access such as right-of-way agreement(s) must have been obtained prior to submitting the application.” As described, a mobile substation, in and of itself, would not meet the definition of an integrated energy system(s).  

Per Section I.B.4. beginning on page 25, “[u]nder Topic Area 4, the DOE Office of Indian Energy is seeking applications to provide electric power to Tribal Building(s), which otherwise would be unelectrified, by deploying (1) integrated energy system(s) (Subtopic Area 4.a.) or (2) energy infrastructure (Subtopic Area 4.b.). Projects proposed under Topic Area 4 are intended for unelectrified Tribal Building(s), where “unelectrified” means Tribal Building(s) that are not connected to (1) the traditional centralized electric power grid, and not connected to (2) to a stand-alone (isolated) microgrid that operates autonomously from the traditional centralized electric power grid.” [Emphasis added] Based on the statement that the “mobile substation which will allow us to provide reliable electrical service in the event of an emergency and planned system repairs” the buildings would not meet the definition of unelectrified for purposes of this FOA.

Regardless of the Subtopic Area, as stated on page 10 of the FOA, “[t]o be eligible, all proposed projects must have:

(1)  Completed energy studies and analyses (comprehensive feasibility study and/or energy audit(s) or industrial energy assessment(s)), and

(2) Completed development (pre-construction) activities, and design and engineering (except final design and engineering).”

2.      Regarding cost share, as stated on page 6 of the FOA, “cost share must be available or accessible at the time of submission of the application, as described below. A written assurance (e.g., commitment) must be provided at the time of application submission (see Section IV.C.6., Applicant Tribal Council Resolution or Declaration of Commitment and Cost Sharing File). The written assurance (e.g., commitment) is a binding guarantee that funds are available or, with respect to the use of equipment, contributed labor hours, or unrecovered indirect costs, accessible. Cost share commitments cannot be dependent on some future event, such as receiving a grant, obtaining a loan, monetizing tax incentives, or securing an investor” and “the Applicant is ultimately and legally responsible for providing the entire amount of cost share required, if an award is made, even if the cost share is being provided by a Subrecipient(s).” Therefore, power revenues (funds paid for electrical service to the utility by individuals), would only be eligible if those funds were available and accessible at the time of submission of the application.

As stated, per Section III.F. Questions Regarding Eligibility (page 40) 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 information provided in your question:

A building for purposes of this FOA would typically be a structure with walls and a roof, where per Section I.B. of the Funding Opportunity Announcement (FOA):

““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.”

Additionally, for purposes of Topic Area 3 (Integrated Energy System(s) for Autonomous Operation), those Tribal Building(s) must be “Essential Tribal Building(s)”, which for  purposes for this FOA, are those Tribal Building(s) necessary for providing essential services. See Section I.B.3 or Appendix A for definitions. Further, for Topic Area 4 (Powering Unelectrified Tribal Buildings), those Tribal Building(s) must be unelectrified, where “unelectrified” means Tribal Building(s) that are not connected to (1) the traditional centralized electric power grid, and not connected to (2) to a stand-alone (isolated) microgrid that operates autonomously from the traditional centralized electric power grid (see Section I.B.4).

Based on the above, Tribal Building(s) associated with a golf course would, therefore, not be prohibited under Topic Area 1 (Clean Energy Generating System(s) and/or Energy Efficiency Measure(s) for Tribal

Building(s)) or Topic Area 2 (Community-Scale Clean Energy Generating System(s) or Community Energy Storage Deployment); however, those Tribal Building(s) associated with a golf course would not meet the requirements under Topic Area 3 or Topic Area 4.

For Topic Area 2 (Community-Scale Clean Energy Generating System(s) or Community Energy Storage Deployment), “All proposed projects (or buildings on which systems are proposed) must be on Tribal Lands, must be “owned or controlled” by the eligible entity, and must benefit the eligible Applicant (Indian tribe, Intertribal Organization, or Tribal Energy Development Organization) and the tribal community; however, the substantial number of buildings within a tribal community, where the energy is to be used, do not need to be “owned or controlled” by the eligible entity. See definitions under Appendix A.”

Therefore, provided the Tribal Building(s) meet the definition of Tribal Building(s) above and the requirements for Topic Area 2, those buildings would meet the Tribal Building(s) requirement of the FOA.

As stated in Section III.F. Questions Regarding Eligibility (page 40) 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 8) of the FOA, applications are being solicited to: to: (1) install clean energy generating system(s) and energy efficiency measure(s) for Tribal Building(s) (Topic Area 1); or, (2) deploy community-scale clean energy generating system(s) or community energy storage on Tribal Lands (Topic Area 2); or, (3) install integrated energy system(s) for autonomous operation (independent of the traditional centralized electric power grid) to power a single or multiple Essential Tribal Buildings during emergency situations or for tribal community resilience (Topic Area 3); or, (4) provide electric power to unelectrified Tribal Buildings (Topic Area 4).

Therefore, unless the proposed blue ammonia facility fits under one of the Topic Areas above and as described in the FOA document, it would not meet the intent of the FOA. Further, per Section I.C. Applications Specifically Not of Interest, includes “[a]pplications proposing the evaluation of product marketing opportunities, assessment of manufacturing opportunities, research, design and engineering (except final design and engineering), product development, or the construction of manufacturing facilities or buildings.” [Emphasis Added]

As stated in Section III.F. Questions Regarding Eligibility (page 40) 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), page 31, under Section III A. Eligible Applicants, “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.” There are no prohibitions against an eligible entity proposing multiple project sites or project sites in multiple distinct and isolated communities, provided: (1) the project as a whole and at each proposed site meets the requirements of a single particular Subtopic Area and the scope proposed for each site is not distinctly different; (2) the cost of the project, as a whole (cumulative of all project sites), does not exceed the maximum amount of DOE funding per individual award (i.e., $2,500,000 or $5,000,000 depending on the Subtopic Area); (3) each proposed site meets the requirement of Tribal Lands; (4) the applicant has the ability to exercise authority, direction, and control over the project including each proposed site; and (5) the application complies with all other requirements of the FOA.  

A single Tribal organization serving multiple Tribes may submit an application provided it meets the eligibility requirements under Section III.A. of the FOA beginning on page 31 and has been granted the appropriate authorities and evidence of that authority is included as part of the application. Alternatively, each Tribe could submit its own application or a Tribal Consortium, as defined for the purposes of this FOA to mean a

group of Indian Tribes, may submit a single application provided the application is submitted by a single Indian Tribe representing the Consortium.

The budget forms, Budget Justification Workbook and Subrecipient Budget Justification Workbook, if applicable, can be downloaded from IE-Exchange (https://ie-exchange.energy.gov) under ‘View Application Forms and Templates’. The last tab in the multi-tab workbook is the SF-424A, Budget Information form, populated with information included on the specific cost category tabs that precede that tab. See instructions on the first tab of the Workbook.

You may also find the informational webinar held March 14, 2024 useful. The webinar provided information on the FOA to potential applicants. The webinar recording can be found at Clean Energy Technology Deployment on Tribal Lands – 2024 FOA Webinar | Department of Energy.

As stated, per Section III.F. Questions Regarding Eligibility (page 40) 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 information provided in your question:

Per the Funding Opportunity Announcement (FOA), page 31, under Section III A. Eligible Applicants, “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.” Also, note that the definition of Indian Tribe includes 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.]. See definition on page 32 of the FOA or Appendix A. [Emphasis added]

In addition to the eligible applicants identified above, page 32 of the FOA states that “applications 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.”

Further, a Tribal Energy Development Organization is eligible to submit an application. Per page 33 of the FOA or Appendix A, a Tribal Energy Development Organization is defined as (1) a “any enterprise, partnership, consortium, corporation, or other type of business organization that is engaged in the development of energy resources and is wholly owned by an Indian tribe”; or (2) “any “organization” of two or more entities, at least one of which is an Indian tribe, that has the written consent of the governing bodies of all Indian tribes participating in the organization to apply for a grant, loan, or other assistance under 2602 of EPAct (25 U.S.C. § 3502) or to enter into a lease or business agreement with, or acquire a right-of-way from, an Indian tribe pursuant to subsection (a)(2)(A)(ii) or (b)(2)(B) of 2604 of EPAct (25 U.S.C. § 3504), where “organization” means a partnership, joint venture, Limited Liability Company (LLC) or other unincorporated association or entity that is established to develop Indian energy resources.” [Emphasis added]

Therefore, the City could apply on behalf of a Tribal Energy Development Organization comprised of the Indian tribe and/or ANCSA corporation and the City (or all three entities), so long as the organization meets the requirements set out above.  By way of example, if the Indian tribe or ANCSA corporation and the City (or all three entities) created a partnership, joint venture, or unincorporated entity established under a memorandum of understanding or other formal agreement, the City could submit an application on behalf of that Tribal Energy Development Organization, provided that documentation of the agreement and evidence of the authority to apply on behalf of the Tribal Energy Development Organization (such as a Tribal Council Resolution from the Indian tribe and comparable documentation from the ANCSA corporation and City) are included as part of the application.

As stated, per Section III.F. Questions Regarding Eligibility (page 40) 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 information provided in your question:

Per Section I.B. of the Funding Opportunity Announcement (FOA), a single clean energy system or multiple clean energy systems may be proposed and either a single Tribal Building or multiple Tribal Buildings may be proposed under each Topic Area, except Subtopic Area 4.b. (Energy Infrastructure for Electrification), provided the application addresses only one Subtopic Area and is limited to a single unique and distinct project. Unrelated projects cannot be consolidated in a single application.

Energy storage system(s) combined with solar can only be proposed under Topic Area 3 (Integrated Energy System(s) for Autonomous Operation) or for unelectrified buildings, Subtopic Area 4.a. (Integrated Energy System(s) for Electrification), provided the proposed system(s) meet the definition of an integrated energy system (see the definition below or Appendix A of the FOA) and can operate autonomously to power Essential Tribal Building(s) under Topic Area 3 or unelectrified Tribal Buildings under Subtopic Area 4.a.

Per Section I.B.3. (beginning on page 22 of the FOA), “Under Topic Area 3, the DOE Office of Indian Energy is soliciting applications to install integrated energy system(s) for autonomous operation (independent of the traditional centralized electric power grid) to power (1) either a single or multiple Essential Tribal Buildings during emergency situations (Subtopic Area 3.a.) or (2) a substantial number of Essential Tribal Buildings for tribal community resilience (Subtopic Area 3.b.).” Therefore, if the proposed integrated energy system(s) for autonomous operation (independent of the traditional centralized electric power grid) are intended to “power “substantial” number of Essential Tribal Buildings within a community, or a “substantial” portion of the community’s energy load, or an entire tribal community for community resilience, where for the purposes of this FOA, “substantial” means of “ample or considerable amount””, then Subtopic Area 3.b. may be most appropriate, whereas if the proposed system(s) are only powering a single or multiple Essential Tribal Buildings during emergency operations, then Subtopic Area 3.a. might be more applicable.

Per page 22 of the FOA, ““Integrated Energy System(s)” under Topic Area 3 must, as a minimum, provide power to Essential 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. 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 3. See definitions under Appendix A.”

As stated, per Section III.F. Questions Regarding Eligibility (page 40) 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 information provided in your question:

Per Section I.B. (page 11) of the FOA and Appendix A, ““Clean Energy Generating System(s)” for the purposes of this FOA include: (1) renewable energy system(s), or (2) combined heat and power system(s) using renewable fuels such as biomass, biogas, renewable natural gas, or renewable hydrogen. See definitions under Appendix A.” [Emphasis added] Additionally as cited in your question, “conventional energy generation device(s) are eligible only if used solely as a dispatchable stand-by power source.”

Therefore, as described, the combined heat and power system running on pipeline natural gas, would not be an eligible clean energy technology unless it used renewable natural gas, nor would it be eligible as a conventional energy generation device since it would be used for baseload power and not used solely as a dispatchable stand-by power source as required.

Just the solar and battery portion of the project could be proposed, provided that, in and of itself, it meets the definition and requirements of an Integrated Energy System.

Under DOE funding opportunity announcements, federal loan proceeds are generally considered to be a recipient’s own funds (i.e., no longer “federal” funds) and may be used to finance a recipient’s cost share, provided such use is permissible under the rules governing the relevant federal loan program.  The DOE Office of Indian Energy therefore recommends that you contact the Department of Agriculture Rural Utilities Service to determine whether its loan funds are eligible for use as non-federal cost share for another agency’s funding opportunities.  If you intend to use those funds as cost share for this FOA, you should provide USDA’s confirmation of eligibility with your application.

You should also be aware that, if loan proceeds are used as cost share under this FOA, (1) any equipment acquired under the project cannot be used as collateral for the loan, and (2) the federal lending entity may retain a property interest in any equipment acquired with the loan proceeds.  More specifically, under DOE Office of Indian Energy Requirements on page 4 of the Funding Opportunity Announcement (FOA), it states, “Subject to the conditions provided in 2 CFR § 200.313 - Equipment, title to equipment acquired under a Federal award will conditionally vest upon acquisition with the non-Federal entity. The non-Federal entity cannot encumber this equipment and must follow the requirements of 2 CFR § 200.313 before disposing of the equipment.” [Emphasis added] Specifically 2 CFR § 200.313 states, “Title must vest in the non-Federal entity subject to the following conditions” one of which is to “[n]ot encumber the property without approval of the Federal awarding agency or pass-through entity.”

Page 6 of the FOA also states, “Cost share commitments cannot be dependent on some future event, such as receiving a grant, obtaining a loan, monetizing tax incentives, or securing an investor.” Further, per page 6 of the FOA, “In addition, cost share must be available or accessible at the time of submission of the application”.

Therefore, if USDA indicates its loan funds are eligible to provide as cost share on another agency’s funding opportunity, the loan is not collateralized with equipment acquired under the award, and the loaned (or borrowed) funds are available and accessible at the time the application is submitted, those funds could be considered as cost share.  

To be eligible for consideration, the requirements of the Funding Opportunity Announcement (FOA) must be met at the time of submission. Accepting an application that does meet those requirements and allowing addition time for a single applicant to complete afterwards would not be fair to other applicants who met the requirements of the FOA at the time of submission as required.

Be aware that similar funding opportunities may be available in the future, thereby allowing time to complete the studies and analysis, development activities, and design and engineering required for an eligible application. 

Infrastructural upgrade costs associated with preparing the roofs for solar panels would not be an eligible project cost under the subject Funding Opportunity Announcement (FOA), regardless of whether such costs it would be requested for DOE reimbursement or as cost share. Section I.C. identifies applications specifically not of interest which includes:    

“Applications proposing the cost of construction for a building(s) or structure(s) such as carports. Only the incremental costs associated with the installation of clean energy generating system(s), energy storage system(s), integrated energy system(s), or energy efficiency measures will be considered allocable to the proposed DOE funded project and not the cost of constructing the building(s) or structure(s), unless those structures are integral to the proposed project.” [Emphasis added] Infrastructural roof upgrades would not be considered integral to the proposed project and are therefore not of interest under this FOA.

“Applications proposing construction as a primary activity. For the purpose of this FOA, “construction” is defined as, but not limited to, building, erecting, altering, remodeling, or repairing a particular building or structure, as well as making major renovations or additions to existing buildings or structures.” [Emphasis added] Infrastructural roof upgrades would be considered repairing a particular building or structure and are therefore, not of interest under this FOA.

Be aware that “[t]o be eligible, all proposed projects must have: (1) Completed energy studies and analyses (comprehensive feasibility study and/or energy audit(s) or industrial energy assessment(s)), and (2) Completed development (pre-construction) activities, and design and engineering (except final design and engineering). Only final design and engineering activities directly resulting in the installation of clean energy technology or infrastructure, or verification of the actual energy generated, displaced, or saved (amount, cost, and percentage), are allowable activities under this FOA (see Section I.C., Applications Specifically Not of Interest).” As such, a “concept,” as referenced in your question, may not be eligible unless you have completed energy studies and analyses, and design and engineering.

Whether your company should be identified as a subrecipient will depend on whether it meets the definition of a “Subrecipient” or a “Vendor” under the FOA. Per the Budget Support file template provided under Applications Forms and Templates on IE-Exchange (ie-exchange.energy.gov), a Subrecipient is “defined as an entity, usually but not limited to non-federal entities, that receives a Subaward (see definition) from a pass-through entity to carry out part of a federal award; but does not include payments to a contractor or payments an individual that is a beneficiary of such award”. Under that same template, a Vendor is “defined as a legal entity contracted to provide goods and services within normal business operations, who provides similar goods or services to many different purchasers, and operates in a competitive environment”.

Additional clarification is included in the Budget Justification Workbook form, also available under Application Forms and Templates on IE-Exchange, which defines the terms as follows:

           a.     Vendor is a legal entity contracted to provide goods and services within normal business operations, who provides similar goods or services to many different purchasers, and operates in a competitive environment.

           b.     Subrecipient is a subawardee who is providing cost share or with a vested interest in the proposed project, beyond providing goods and services to the proposed project, where subawardee is any legal entity to which a subaward is made and which is accountable to the Recipient for the use of the funds or property provided under a Financial Assistance Award. Note that Subrecipients cannot receive fee or profit.

Section III.B.4. (Cost share Types and Allowability) on page 38 of the Funding Opportunity Announcement (FOA) states, “Allowable contributions include, but are not limited to, contributed labor, unrecovered indirect costs, unrecovered facilities and administrative costs, rental value of buildings (not the purchase price), lease value of land or equipment (not the purchase value), and the value of a service, other resource, or in-kind contributions.” [Emphasis added]

Additionally, Section IV.C.6 (Applicant Tribal Council Resolution or Declaration of Commitment and Cost Sharing File) and Section IV.C.7, Participant Letters of Commitment and Cost Sharing File on pages 50-52 state, “Cost share must be available or accessible at the time of submission of the application, as described below. A written assurance (e.g., commitment) must be provided at the time of application submission. The written assurance (e.g., commitment) is a binding guarantee that funds are available or, with respect to the use of equipment, contributed labor hours, or unrecovered indirect costs, accessible. Cost share commitments cannot be dependent on some future event, such as receiving a grant, obtaining a loan, monetizing tax incentives, or securing an investor.” Those same sections also state, “Note that "Cost Sharing" is not limited to cash investment. Allowable contributions (e.g., contribution of time, unrecovered indirect costs, facilities and administrative costs, rental value of buildings (not the purchase value), lease value of land or equipment (not the purchase value), and the value of a service, other resource, or third-party in-kind contributions) incurred as part of the project may be considered as all or part of the cost share. Only cost share contributions made during the period of performance of the grant can be considered.” Also see Appendix B (Cost Share Information) for more on acceptable contributions and valuing and documenting those contributions.  

Further, the Cost share tab of the Budget Justification Workbook Form (IE 540.132-01) provided as a template under Application Forms and Templates on IE-Exchange, states:

“Types of Cost Share contributions include either cash or in-kind:

    i.  Cash contributions are contributions to the project made by the Applicant or Subrecipient for costs incurred and paid for during the project. This includes when the Applicant or Subrecipient pays for Personnel, Supplies, Equipment, or Other costs with their own resources. All contributions of Personnel, Supplies, Equipment or Other costs by the Applicant are considered cash. The basis of cash contributions must be justified and explained in the "Description and Basis of Cost Estimate" section below. Note that reduced Subrecipient fees are not allowable.

    ii. In-kind contributions are contributions to the project made by a Subrecipient (not by the Applicant) that represent donated items or services. In-kind contributions may include, but are not limited to, volunteer Personnel hours, donated Equipment, and donated Supplies. The cash value of in-kind contributions must be justified and explained in the "Description and Basis of Cost Estimate" section below.” [Emphasis added]

Therefore, based on the above, personnel salary, fringe, and indirect costs for employee(s) of the Tribe overseeing the project can be contributed as cost share; however, DOE would consider those cash contributions as opposed to in-kind contributions.

As stated, per Section III.F. Questions Regarding Eligibility (page 40) 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 information provided in your question:

Eligibility under Funding Opportunity Announcement (FOA), DE-FOA-0003298, as prescribed under Section III.A. “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.” Definitions of those eligible entities are provided in the FOA.  Individual Tribal members are not eligible.

More specifically, to qualify as an eligible Indian Tribe under the FOA (Section III.A), an applicant must meet the definition in section 4 of the Indian Self Determination and Education Assistance Act (25 U.S.C. § 5304): “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.”

Further, for purposes of the FOA, “an 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 8, 2024, 89 FR 5.” See the link for the list of federally recognized Indian tribes.

Please review the FOA to ensure the eligibility of the planned project, the applicant, and Tribal Lands.

As stated, per Section III.F. Questions Regarding Eligibility (page 40) 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 information provided in your question:

1. Based on the limited information provided, it is not apparent that the designated emergency “property” would meet the substantial requirement under Topic Area 3.b. However, it does appear to meet the definition under Topic Area 3.a. where the “DOE Office of Indian Energy is soliciting applications to install integrated energy system(s) for autonomous operation (independent of the traditional centralized electric power grid) to power a single or multiple Essential Tribal Building(s) during emergency situations.”

2. If the application does not meet the requirements of Topic Area 3.b., it will not automatically default to Topic Area 3.a.; however, DOE may provide the opportunity for the Tribe to decide whether it would like its application considered under Topic Area 3.a. rather than not being considered.

No preference is provided to an application based on whether a cost share reduction is requested.

Section IV.C. (Content and Form of the Application) beginning on page 42 of the Funding Opportunity Announcement (FOA) provides instructions for each of the required application documents. Section IV.C.7 (Participant Letters of Commitment and Cost Sharing File) beginning on page 51 of the FOA provides instructions on to content and form of that particular file. Specifically, “[l]etters of commitment and cost sharing are required from all other project participants (excluding Vendors). The letters must be specific to this FOA and if cost share is being committed, include a statement of the total amount and type of cost share being committed and a detailed estimate of the cash value (basis of and the nature of) of all contributions to the project by the project participant.” That section further states that “[l]etters of support by anyone not participating in the proposed project are not required or desired, and should not be provided as part of the application.”

Per the Budget Support file template provided under Applications Forms and Templates on IE-Exchange (ie-exchange.energy.gov), a Subrecipient is “defined as an entity, usually but not limited to non-federal entities, that receives a Subaward (see definition) from a pass-through entity to carry out part of a federal award; but does not include payments to a contractor or payments an individual that is a beneficiary of such award”. Under that same template, a Vendor is “defined as a legal entity contracted to provide goods and services within normal business operations, who provides similar goods or services to many different purchasers, and operates in a competitive environment”.

Additional clarification is included in the Budget Justification Workbook form, also available under Application Forms and Templates on IE-Exchange, which defines the terms as follows:

a.    Vendor is a legal entity contracted to provide goods and services within normal business operations, who provides similar goods or services to many different purchasers, and operates in a competitive environment.

b.    Subrecipient is a subawardee who is providing cost share or with a vested interest in the proposed project, beyond providing goods and services to the proposed project, where subawardee is any legal entity to which a subaward is made and which is accountable to the Recipient for the use of the funds or property provided under a Financial Assistance Award. Note that Subrecipients cannot receive fee or profit.

Based on the above, a letter of commitment to the proposed project is required for all project participants (excluding Vendors as defined above), if any, and if the participant (including Subrecipients as defined above) is providing cost share that letter must, include a statement of the total amount and type of cost share being committed and a detailed estimate of the cash value (basis of and the nature of) of all contributions to the project by the project participant.

A template has not been provided; however, the letter should be on the entity’s letterhead and signed by a representative of that particulaur participant who can commit to the project and commit to cost share if any is being provided. See Section IV.C.7 for additional information.  

Thank you for identifying the FOA inconsistency regarding “Essential Tribal Building(s)” requirements under Subtopic Area 3.b. The intent of the FOA was to allow projects without Essential Tribal Buildings(s) as one option under Subtopic Area 3.b. The language of Section I.B.3.b. of the FOA (beginning on page 23), sets forth the correct standard:

Under Subtopic Area 3.b., the DOE Office of Indian Energy is soliciting applications to install community-scale integrated energy system(s) for autonomous operation (independent of the traditional centralized electric power grid) to power a “substantial” number of Essential Tribal Buildings within a community, or a “substantial” portion of the community’s energy load, or an entire tribal community for community resilience. [Note the emphasis on ‘or’ added in the FOA text.]

Based on the above, an entity may solely power a “substantial” number of Essential Tribal Buildings, or a “substantial” portion of the community’s energy load, or an entire tribal community for community resilience. Therefore, an applicant may choose to power an entire community without Essential Tribal Buildings for community resilience as described as the scope of your application. Also note that the examples of essential services in the FOA are not all inclusive and could simply be homes where refrigeration is essential to keep medicine cold, electricity for oxygen machines, continued essential government functions or other essential services as determined by the applicant.

Please refer to the responses to Frequently Asked Question (FAQ) #11 and #18 on the FAQ webpage.

As stated, per Section III.F. Questions Regarding Eligibility (page 40) 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 information provided in your question:

1. If the land a solar farm is constructed on is owned and controlled by an eligible Tribal Corporation the land may be considered Tribal Land provided it meets the definition under Section III.A. of the FOA. However, if the land is then leased to a third party who will own and operate the solar farm, the solar farm project is then not considered owned or controlled by the eligible Tribal Corporation, but rather the third-party, and therefore not eligible.

2. As reflected in the FOA definition of “owned or controlled,” the eligible applicant itself (e.g., eligible Tribal Corporation or some other eligible entity such as a Tribal Energy Development Organization) must have the ability to exercise authority, direction, and control over the project. Such authority, direction or control cannot rest with a third party. In the event of third-party interest in the project, the eligible applicant must be the entity that exercises the authority, direction and control and any ownership arrangement must comply accordingly.

3. As reflected in the FOA definition of “owned or controlled,” the eligible applicant itself (e.g., Tribal Corporation or other eligible entity) must have the ability to exercise authority, direction, and control over the project. Such authority, direction or control cannot rest with a third party. In the event of third-party interest in the project, the eligible applicant must be the entity that exercises the authority, direction and control and any ownership arrangement must comply accordingly. This requirement exists for the entire period of the grant. In addition, equipment acquired under the award may not be dispositioned (sold or transferred) without explicit DOE approval for the life of the equipment or until the fair market value of that equipment is less than 5,000, not just for the duration of the grant.

No, your conclusion to assume a BABA waiver is not correct. 

First, applications submitted under this Funding Opportunity Announcement (FOA) are not specifically scored on a cost benefit basis; rather they are reviewed against the Technical Review Criteria under Section V.A. of the FOA. Although applications are reviewed with respect to economic viability and sustainability and outcomes (which are not exclusively economic) and many other criteria, the budget is not considered as part of the technical review. You should also be aware that each technical review criterion is weighted, and economic viability, sustainability and outcomes are not weighted over numerous other factors considered.

Second, BABA compliance is not a consideration during the technical review. However, in determining which applications to select for award negotiations, the Selection Official may consider certain program policy factors, one of which is whether the Applicant has made a commitment to procure U.S. iron, steel, manufactured products, and construction materials in its project (see Section V.C. beginning on page 69). Also, within the Workplan, Applicants must provide a short statement on whether the project will involve the construction, alteration, and/or repair of infrastructure in the United States (see Appendix C). Per Appendix C (page 108), “[t]he DOE financial assistance agreement will require each Recipient: (1) to fulfill the commitments made in its application regarding the procurement of U.S.-produced products and (2) to fulfill the commitments made in its application regarding the procurement of other key component metals and manufactured products domestically that are deemed available in sufficient and reasonably available quantities or of a satisfactory quality at the time of award negotiation.” And, only in “limited circumstances, DOE may waive the application of the Buy America requirements.”

Therefore, it is not recommended that an Applicant assume it may obtain a BABA waiver in the future; rather, the application should be completed in compliance with the BABA requirements and Appendix C (page 106), which states: “[i]n accordance with Section 70914 of the Bipartisan Infrastructure Law, unless waived, 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….; (2) all manufactured products used in the project are produced in the United States……; and (3) all construction materials¹⁴ are manufactured in the United States….”

As included on page 4 and under Section IV.C.6 (beginning on page 48) of the FOA document, “[f]or Indian Tribes, the 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.” [Emphasis added]

Therefore, if the Tribe has a Tribal Council, a Tribal Council Resolution is required; a draft resolution will not be accepted. There are no provisions for waivers to this requirement or other options such as email as described in the question.  An executed Applicant Tribal Council Resolution or Declaration of Commitment and Cost is required to be submitted by the due date for an application to be complete and considered.

There is no intent to extend the application due date for this Funding Opportunity Announcement beyond May 30, 2024. However, the DOE Office of Indian Energy may offer similar opportunities in the future. To be notified of future tribal energy related funding opportunities through the DOE Office of Indian Energy, across DOE and other agencies, see our Current Funding Opportunities | Department of Energy of subscribe to receive the DOE Office of Indian Energy (govdelivery.com) email newsletter. Additionally, the Office of Indian Energy provides technical assistance at no-cost to Indian Tribes and Tribal entities. For more on the types of technical assistance and how to request technical assistance, see Request Technical Assistance | Department of Energy.

Please note that the response below is only in reference to the current Funding Opportunity Announcement (DE-FOA-0003298). As each FOA is unique, you will need to evaluate the requirements for each future FOA to ensure applicability.

As stated in Section III.F. Questions Regarding Eligibility (page 40) of the 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 requirement is that any proposed project be on Tribal Lands as defined under Section III.A in the FOA beginning on page 31.  As described in your question, the land could possibly meet a number of the types of land defined as Tribal Lands in the FOA, including:

(1)  land that is owned by an Indian tribe and was conveyed by the United States to a Native Corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. § 1601, et seq.), or that was conveyed by the United States to a Native Corporation in exchange for such land; or

(2)  any land located in a census tract in which the majority of residents are Natives (as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. § 1602(b)). If, the land had been transferred to the Village Council, it could have also meet the requirement for land that was conveyed to a Native Corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. § 1601, et seq.) and subsequently conveyed to another entity, provided that entity is either a Native village or Tribal governmental entity or the land is held, invested, managed for and on behalf of a Native village or Tribal governmental entity.

If the Village Tribal Council, as the applicant, were to propose to implement a project on Village Corporation land and secure site control, two other types of Tribal Land as defined in the FOA may be more applicable, including:

(1)  lands held in fee simple (purchased or owned) by an Indian Tribe, Intertribal Organization, Tribal Energy Development Organization, or other eligible Applicant; or

(2)  lands held under a long-term land lease (as a minimum, for the useful life of the proposed project) by an Indian Tribe, Tribal Energy Development Organization, or other eligible Applicant.

Therefore, based on the above, the Village Tribal Council as the applicant could (1) have the land subsequently conveyed (transferred) from the Village Corporation; (2) purchase the land; or (3) enter into a long-term land lease for as a minimum, the useful life of the proposed project.