Final Tribal Grant Guidance - Fiscal Year 2023

OMB No. 1093-0012
Expires: XX/XX/XXXX

UNITED STATES DEPARTMENT OF THE INTERIOR
BIPARTISAN INFRASTRUCTURE LAW SEC. 40601 ORPHANED WELL PROGRAM
FINAL TRIBAL GRANT GUIDANCE
FISCAL YEAR 2023
I.

INTRODUCTION
President Biden signed the Infrastructure Investment and Jobs Act (Public Law 117-58)
(also known as the Bipartisan Infrastructure Law or BIL) on November 15, 2021, making
a once-in-a-generation investment in the Nation’s infrastructure and economic
competitiveness. This landmark investment will rebuild America’s critical infrastructure,
tackle the climate crisis, address legacy polluted sites, advance environmental justice, and
drive the creation of good-paying union jobs. By addressing long overdue infrastructure
and environmental improvements and strengthening our resilience to the changing
climate, this investment in our communities across the country will grow the economy
sustainably and equitably for decades to come. The Department will make every effort to
utilize the Buy Indian Act in procurement of goods and services related to carrying out
these activities.
Section 40601(d) of the BIL creates an orphaned well site plugging, remediation, and
reclamation grant program within the DOI to address orphaned wells and well sites on
Tribal lands. 1
This document:
1. Sets forth the application process for Tribes to carry out activities under Sec.
40601(d) of the BIL; and
2. Describes requirements for implementing and reporting on the activities of a
program to plug, remediate, and reclaim orphaned wells on Tribal lands.
The document summarizes the information that is required in Tribal grant applications
and for expenditure of grant funding. DOI consulted with Tribal Leaders on this
guidance in September 2022 and, to the extent possible under statute, incorporated into
the final guidance recommendations and feedback received through the consultation
process. Tribes are required to apply these practices to promote consistent standards for
well plugging and reclamation activities, and proper tracking of the program’s benefits.
This guidance applies to the Fiscal Year 2023 grant cycle. Additional guidance will be
developed specific to future fiscal years.

Section 40601 amends Section 349 of the Energy Policy Act of 2005, but for simplicity all references to the
amended Section 349 will be written as components of Section 40601 of the BIL in this document.
1

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II.

DEFINITIONS
“Administrative costs" identified in Sec. 40601(d)(2)(B), limited to not more than 10
percent of the funds received, 2 are those costs that cannot be directly attributed to well
plugging and site reclamation projects, but instead to general grants management or
program administration. Administrative costs can be expended for personnel or nonpersonnel costs, and can be direct or indirect, but should represent the costs to the Tribe
for managing the overall grant-funded work rather than preparation for and execution of
individual projects.
“Date of receipt of funds” - as identified in Sec. 40601(d)(6), is the effective date of the
grant and the start of its period of performance, as determined by the DOI Agreement
Officer and the receiving Tribe.
“Indian Tribe” is 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.
“Orphaned Well” - The term “orphaned well” with respect to Tribal land, means a well
that is not used for an authorized purpose, such as production, injection, or monitoring,
and for which no operator can be located, the operator of which is unable to plug the well
and to remediate and reclaim the well site.
“Pre-Award Costs” – Per 2 CFR 200.458, Pre-Award Costs are those incurred after the
award date and before the effective date of the Federal award and only with the written
approval of the Federal awarding agency (DOI). DOI will evaluate pre-award costs on a
case-by-case basis.
“Tribal land” is defined in Sec. 40601(a)(6) as any land or interest in land owned by an
Indian Tribe, the title to which is (A) held in trust by the United States, or (B) subject to a
restriction against alienation under Federal law. This includes plugging, abandonment,
and reclamation of wells drilled into minerals that are held in trust or restricted status for
a Tribe, even if the surface estate is not; and remediation of surface that is held in trust or
restricted status for a Tribe, even if the minerals are not.
“Unobligated” - For purposes of determining the deadline for expenditure under Sec.
40601(d)(6), “funds that remain unobligated” covers any funding that is not subject to a
definite commitment that creates a legal liability of the Tribe for an immediate or future

Except as provided by Section 40601(d)(2)(B)(ii), which allows larger amounts to be used for administrative costs
necessary for the development of a Tribal orphaned well program.

2

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payment for goods or services ordered or received, including by contract or sub-contract
award. 3
III.

PERMISSIBLE USES AND STIPULATIONS OF TRIBAL GRANT FUNDING
A. As provided under Section 40601(d)(2)(A), a Tribe may use these grant funds to:
i.
ii.
iii.
iv.
v.
vi.

plug, remediate, or reclaim an orphaned well on Tribal land;
remediate soil and restore habitat that has been degraded due to the presence of an
orphaned well or associated pipelines, facilities, or infrastructure on Tribal land;
remediate Tribal land adjacent to orphaned wells and decommission or remove
associated pipelines, facilities, and infrastructure;
provide an accounting of the cost of plugging, remediation, and reclamation for
each orphaned well site on Tribal land;
identify and characterize undocumented orphaned wells on Tribal land; and
develop or administer a Tribal program to carry out any activities described in
activities III A. i through v, above.

B. In lieu of a grant, Sections 40601(d)(1)(B) and 40601(d)(B)(7) provide Tribes the
option to request that DOI administer and carry out plugging, remediation, and
reclamation activities on the Tribe’s behalf, subject to the availability of
appropriations. All use of funds and eligibility requirements listed herein apply to “in
lieu of grant” activities. In a given year, a Tribe may exercise the in lieu of option or
apply for a grant under Section 40601(d)(1)(A), but not both. Once DOI has accepted
to carry out plugging, remediation, and reclamation activities on a particular well or
well site at the Tribe’s request, the Tribe is not eligible to receive a Tribal
Implementation Grant (described under IV.A.i. below) to plug, remediate, or reclaim
the same wells or well sites.
C. Section 40601(d)(2)(B)(i) provides that a Tribe shall not use more than 10 percent of
the funds received during a fiscal year for administrative costs. This limitation does
not apply to any funds used to carry out an administrative action necessary for the
development of a Tribal program being established to carry out activities listed under
Sec. 40601(d)(2)(A) i through v.
D. Section 40601(d)(6) - Expenditure and Reimbursement: A Tribe that receives funds
under the Tribal grant authority shall reimburse the Secretary in an amount equal to
the funds that remain unobligated on the date that is five (5) years after the date of
receipt of the funds except in cases in which DOI has consulted with the Indian Tribe
and granted an extended deadline for completion of the eligible activities. Absent an

3

See Government Accountability Office definitions at: https://www.gao.gov/assets/gao-05-734sp.pdf

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approved extension, all funds must be obligated within five years of the date of
receipt or they shall be reimbursed to the Secretary.
E. Section 40601(d)(3) - In determining whether to provide to an Indian Tribe a grant
under this subsection, the Secretary shall take into consideration i.
the unemployment rate of the Indian Tribe on the date on which the Indian
Tribe submits an application; and
ii. the estimated number of orphaned wells on the Tribal land of the Indian Tribe.
iii. in addition to the requirements in Section 40601(d)(3), the Department during
its review of applications will consider the extent to which the proposed work
will eliminate human health and safety risks, restore habitat, and employ
community members and Tribally-owned businesses. In developing their
proposals, applicants are encouraged to innovate, seek efficiencies with
Federal and State entities, and utilize the Technical Assistance described in
section VII.
F. The total amount of funding to be made available for distribution to grant recipients
for FY23 will be limited to not more than $50 million.
IV.

INSTRUCTIONS FOR TRIBAL GRANT APPLICATIONS
A. Grant Types and Deadlines
Applications may be of three types: 1) Tribal Implementation Grants, 2) Program
Development Grants, and 3) work contracted by the Secretary, through the Bureau of
Indian Affairs, in lieu of a grant. An Indian Tribe may, in separate applications,
request funding in more than one category, but multiple types of funding may not be
used for the same work at the same orphaned well(s). The Department, through its
Office of Environmental Policy and Compliance (OEPC), will allocate funding over
the course of multiple years, to allow time for the same Tribe to conduct inventories
and then later plug wells and conduct surface reclamation.
i.

Tribal Implementation Grant
(a) Tribes may apply for this grant type to undertake activities listed in
sections III. A. i-v above.
(b) Such grants are subject to the 10% administrative cost limitation
described in Section 40601(d)(2)(B)(i).
(c) Deadline: Subject to the availability of funds, grant applications
are due by 11:59 pm Eastern Time on January 20, 2023.

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ii.

Program Development Grant
(a) Tribes may apply for this grant type to undertake activities listed in
section III.A.vi above.
(b) Such grants are subject to the administrative cost exception
described in Section 40601(d)(2)(B)(ii) and are limited to $1 million
per applicant.
(c) Program Development is defined as building the capacity to
sustain an orphaned well program and, in most cases, to apply for and
manage a Tribal Implementation Grant (IV.A.i. above). Such capacity
might include grant management, contract management, data
management, and the inventory and assessment of orphaned wells.
(d) To demonstrate progress in program development, new inventory
and assessment data must be reported to DOI beginning 12 months
from the effective date and new data reported with each performance
report thereafter for the duration of the grant.
(e) Deadline: Subject to the availability of funds, grant applications
are due by 11:59 pm Eastern Time on January 20, 2023.

iii.

In Lieu of a Grant
(a) A Tribe may request that the Secretary administer and carry out
plugging, remediation, and reclamation activities related to eligible
orphaned wells on behalf of the Tribe as described in Section
40601(d)(7).
(b) Deadline: Subject to the availability of funds, in lieu of a grant
requests are due by 11:59 pm Eastern Time on January 20, 2023.

All applications must be emailed to [email protected]. An email
acknowledging receipt will be provided to the sender within one business day of
receipt.
B. Required Elements
To be complete, the application must include sufficient details, as described
below, to provide assurances regarding the ability of the Tribe to carry out and
oversee the activities to be funded. To be eligible, an application must include the
following:
i. For the Tribal Implementation Grant (IV.A.i above) or the Program
Development Grant (IV.A.ii above), the following must be submitted by
a Tribe. Technical assistance in submitting this material is available from
DOI’s Interior Business Center.

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(a) Federal Forms: To be complete, the following Federal forms must
be submitted as part of the request for funding (the application).
Forms are available at Grants.gov,
1. SF-424v4 Application for Federal Assistance
2. SF-424A Budget Information for Non-Construction Programs
An SF-424A is a standard form that provides an estimate of
the work’s major cost centers (e.g., Tribal employee labor,
training, equipment, contracting and other operational
costs), where the sum total of the budget justification
equals the overall grant request.
3. SF-LLL Disclosure of Lobbying Activities
4. OMB Form 4040-0010 Key Contacts Form
5. OMB Control No. 1093-0012 (see subsection (d) below)
(b) Detailed Budget Proposal/Justification (SF-424A): This detailed
information supports and identifies the estimated costs provided in
the SF-424A and should include an itemized budget breakdown with
unit costs for the period of the grant funding and the basis for
estimating the costs of personnel salaries, fringe benefits, project staff
travel, materials and supplies, equipment, and consultants and
contracts. This document should also include narrative descriptions of
the items included in the project budget.
(c) Project Abstract Summary (OMB Form Number 4040-0019): A
project abstract of not more than one page will include the project
purpose, activities to be performed, expected deliverables or
outcomes, intended beneficiaries, and subrecipient activities (if
known).
(d) Work Plan (OMB Control No. 1093-0012): If grant funds are to
be used for field activities, including plugging, remediation, and
reclamation of orphaned wells, a complete application also will
contain the following information as applicable to the planned work:
1. a description of—
a. the Tribal program for orphaned well plugging,
remediation, and restoration, including legal
authorities, processes used to identify and prioritize
orphaned wells, procurement mechanisms, and other
program elements demonstrating the readiness of the
grantee to carry out proposed activities using the grant;
b. the activities to be carried out with the grant, including
an identification of the estimated health, safety,
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habitat, and environmental benefits of plugging,
remediating, or reclaiming orphaned wells; and
2. an estimate of—
a. the number of orphaned wells that will be plugged,
remediated, or reclaimed with the grant;
b. the amount of that projected cost that will be offset by
the forfeiture of financial assurance instruments, the
estimated salvage of well site equipment, or other
proceeds from the orphaned wells and adjacent land;
c. the number of jobs that will be created or saved
through the activities to be funded under this grant;
and
d. the amount of funds to be spent on administrative
costs;
3. A description of the plugging standards to be applied,
including the witnessing requirements (qualifications of
witness, documentation);
4. The methodology to be used to measure and track methane
and other gases associated with orphaned wells, including
how the Tribe will confirm the effectiveness of plugging
activities in reducing or eliminating such emissions;
5. The methodology to be used to measure and track
contamination of groundwater and surface water associated
with orphaned wells, including how the Tribe will confirm the
effectiveness of plugging activities in reducing or eliminating
such contamination;
6. The methodology to be used to decommission or remove
associated pipelines, facilities, and infrastructure and to
remediate soil and restore habitat that has been degraded due
to the presence of orphaned wells and associated
infrastructure;
7. Latitude/Longitude and all other data elements and associated
units of measure as indicated in the Orphaned Well Data
Reporting Template available at: Legacy Pollution
Remediation & Reclamation
8. How the Tribe will use funding to locate currently
undocumented orphaned wells;
9. Plans the Tribe has to engage third parties in partnerships
around well plugging and site remediation, or any existing
similar partnerships the Tribe currently belongs to;
10. Training programs, registered apprenticeships, and local and
economic hire agreements for workers the Tribe intends to
conduct or fund in well plugging or site remediation;
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11. Plans the Tribe has to support opportunities for all workers,
including workers underrepresented in well plugging or site
remediation, to be trained and placed in good-paying jobs
directly related to the project;
12. Procedures the Tribe will use to coordinate with Federal or
State agencies to determine whether efficiencies may exist by
combining field survey, plugging, or surface remediation
work across private, State, Federal, and Tribal land;
13. The Tribe’s authorities to enter private property, or a Tribe’s
procedures to obtain landowner consent to enter private
property, in the event that any wells to be plugged will be
accessed from privately owned surface;
14. A work schedule covering the period of performance of the
grant; and
15. If applicable, a federally approved Indirect Cost Rate
Agreement or statement regarding Tribe’s intention to
negotiate or utilize the de minimis rate.
ii.

For the Program Development Grant (IV.A.ii above), the application must
include all applicable elements listed in (IV.B.i above) and
(a) Work Plan: The Tribe will include a work plan that clearly
describes 1-6 below (subject to OMB approval). If the Tribe plans to
use funds for intrusive field activities (i.e., plugging, remediation,
reclamation), the Work Plan components listed in IV.B.i.d above
must also be included:
1. Why the Tribe expects to find, or is aware of the existence of,
orphaned wells on Tribal Lands.
2. The number and purpose of each personnel supported under
this grant,
3. The training and equipment to be received by each personnel
and how they relate to an orphaned well program,
4. How inventory and assessment information will be generated
and reported to DOI,
5. How the Program Development Grant will evolve into a
Tribal Implementation Grant proposal or other orphaned well
plugging, remediation, and reclamation actions within 3 years
of the effective date.
6. If personnel are to be hired using a program development
grant, what is the Tribe’s plan to fund those personnel when
the window to obligate funding expires after five years.

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iii.

For the In lieu of a grant option (IV.A.iii above), the application consists of
a written statement by the Tribe, submitted to the email address provided in
IV.A. above, that the Tribe has at least one eligible orphaned well and
requests that the Secretary administer and carry out plugging, remediation,
and reclamation activities relating to the orphaned well(s) on behalf of the
Indian Tribe. The request should include, if available, lease number(s) and
well name(s), and location data, in addition to any information the Tribe has
related to whether proposed wells pose environmental risks or human health
hazards. This information will assist DOI in prioritizing “in lieu of”
proposals.

C. Restrictions on funding use
Tribes may not use more than 10 percent of the funds received as authorized under
Sec. 40601(d)(2)(B)(i) for administrative costs associated with activities listed in
Section III. This limitation does not apply to administrative costs necessary for the
development of a Tribal orphaned well program (40601(d)(2)(B)(ii)), i.e., a Program
Development Grant.
V.

STANDARDS FOR MEASUREMENT, PLUGGING, AND REMEDIATION
A. Pre- and Post-Plugging Measurement or Estimation of Air and Water Pollution
i.

Tribes will conduct an inspection of each orphaned well site being considered
under this grant to measure or estimate current contamination of surface water and
groundwater and to measure or estimate current emissions of methane, hydrogen
sulfide, and other gases when performing eligible activities. Tribes also will
conduct post-plugging inspections and measurements to verify the lack of gaseous
emissions or water contamination from plugged wells and the achievement of
vegetation performance standards appropriate to the site’s future land uses. Such
post-plugging inspection and measurement will be documented to create a
verifiable record of activities performed under the grant.

ii.

Tribes will follow the methane measurement protocol developed by DOI and
available here. If, as allowed in the protocol, the Tribe proposes to use an
estimating methodology, such methodology must be described in the Project
Narrative and will be subject to DOI approval based on a technical evaluation by
a panel of subject matter experts.

iii.

Pre- and post-plugging measurements or estimates, by well, of water
contamination, gaseous emissions (particularly methane), and acres restored must
be included in the Final Performance Report described in Section VII.C. below.

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B. Well Plugging and Site Remediation Standards

VI.

i.

Tribes with established and documented well plugging standards and regulations
will require their contractors to meet those requirements. For a Tribe that does not
have established well plugging standards, the minimum standard will be Bureau
of Land Management’s Onshore Oil and Gas Order No. 2 Section III.G for
plugging wells
(https://www.blm.gov/sites/blm.gov/files/energy_onshoreorder2.pdf).

ii.

For Tribes with established well abandonment standards (inclusive of those
actions necessary to complete surface reclamation and revegetation), all well
closures shall meet those requirements. If a Tribe does not have well
abandonment standards, a well site must reflect, at minimum, the Bureau of Land
Management’s Reclamation and Abandonment Standards to be considered
plugged and fully abandoned, such that it can be reported as a completed unit. For
additional details, see: https://www.blm.gov/sites/blm.gov/files/Chapter%206%20%20Reclamation%20and%20Abandonment.pdf

FEDERAL AND STATE COORDINATION
Efficiency and cost-effectiveness in well plugging and site remediation will be
maximized by ensuring proper coordination of these activities between States, Tribes,
and the Federal government. As early as practical, preferably before Tribal grant
applications are submitted, Tribes are encouraged to contact the relevant State or Federal
land management agencies to ensure the maximum level of coordination among entities
that may be conducting similar orphaned well activities in proximity to one another
Tribes may reach out to the Bureau of Indian Affairs/Indian Energy Service Center
(IESC) or the U.S. Department of the Interior/Office of Environmental Policy and
Compliance (OEPC) for a list of appropriate contacts.
When undertaking work on Federal land under a cost-sharing, Good Neighbor, or other
arrangement with the Federal government, Tribes must collect the data required to be
reported under the BIL for wells plugged and sites remediated on Federal land. Early
coordination with Federal agencies is encouraged to ensure that Tribes are collecting the
proper data in a format that can most easily be transferred to the Federal government.
Tribes are also encouraged to consult with Federal and State agencies to ensure
appropriate and efficient collaboration on compliance issues (e.g., cultural resources,
endangered species, sacred sites) and to minimize disruption of planned events,
operations, or land management activities. Such coordination does not include
application of State law or jurisdiction on Tribal land.

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VII.

Technical Assistance
A. Technical assistance in the following areas will be available to grant applicants
and recipients in the form of training or consultation through, among others, the
Indian Energy Service Center:
i. Grant application preparation, grant management, contract management,
and related administrative topics.
ii. Well inventory and orphan assessment; methane measurement;
contamination protocols; well plugging, remediation, and reclamation,
including well plug witnessing and documentation.

VIII.

REPORTING REQUIREMENTS
A. Semi-Annual Reports: Consistent with 2 C.F.R. § 200.328, Tribes must submit
financial and performance reports to the DOI every 6 months, with the first report
due 6 months from the date of receipt of funds, and every 6 months thereafter
through the grant period of performance. Financial reporting will use SF-425.
B. Personal Property report: Tribes will be required to submit an annual Tangible
Personal Property Report (SF-428) if grant funds are used to purchase equipment.
C. Final Financial and Performance Reports: Consistent with 2 C.F.R. § 200.329,
Tribes must submit a final financial and performance reports to the DOI within
120 days of period of performance end date. Financial reporting will use SF-425.
D. Data Collection and Reporting
i. In order to standardize reporting requirements and ensure that the Federal

resources are well-spent and meet statutory objectives, Tribes must track
the data outlined below for all actions taken using orphaned well grant
funding. As appropriate, data tracking may be accomplished through
existing systems such as the Groundwater Protection Council’s RiskBased Data Management Solutions (RBDMS) or provided to DOI in a
compatible format (e.g., Excel) for entry into a centralized database:
(a) Well location information (e.g., latitude/longitude);
(b) Well type (e.g. orphaned production or disposal well);
(c) Bureau of Labor Statistics NAICS codes for each of the employees
working on each well site, along with the hours each employee
spent on each site;
(d) The population living within a half mile radius of each well being
plugged;
(e) Pre-plugging methane emission measurement or estimate;
(f) Post-plugging methane emission measurement or estimate;
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(g) Surface water contamination identified;
(h) Surface water contamination remediated;
(i) Groundwater contamination identified;
(j) Groundwater contamination remediated;
(k) Acreage impacted by well and infrastructure (site footprint);
(l) Revegetation performance standard monitoring start date;
(m) Revegetation performance standard attainment date (project
complete);
(n) Actual total cost per well of plugging and surface reclamation
ii. This list highlights important parameters that DOI will report to Congress
annually and is a subset of the larger data set that Tribes must report as
part of the performance reports (VII.A.) and final report (VII.C.). This
information is included in the Orphaned Well Data Reporting Template
available at: https://www.doi.gov/oepc/legacy-pollution-remediation-andreclamation.
E. After providing the grantee an opportunity to redact personally identifiable or
proprietary information, the DOI will post successful grant applications on a
publicly available web site.
F. The DOI will publish a summary of performance accomplishments on a publicly
available web site, following submission by the Tribes of the reports required in
Section VII of this guidance.
IX.

DAVIS-BACON ACT REQUIREMENTS
All laborers and mechanics employed by the applicant, subrecipients, contractors or
subcontractors in the performance of construction, alteration, or repair work on an award
or project in excess of $2,000 funded directly by or assisted in whole or in part by funds
made available under these grants shall be paid wages at rates not less than those
prevailing on similar projects in the locality, as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40, United States Code commonly
referred to as the “Davis-Bacon Act” (DBA).
Applicants shall provide written assurance acknowledging the DBA requirements for the
award or project and confirming that all laborers and mechanics performing construction,
alteration, or repair work on projects in excess of $2,000 funded directly by or assisted in
whole or in part by and through funding under the award are paid or will be paid wages at
rates not less than those prevailing on projects of a character similar in the locality as
determined by the Secretary of Labor in accordance with Subchapter IV of Chapter 31 of
Title 40, United States Code (Davis-Bacon Act).

12

Recipients of funding will also be required to undergo DBA compliance training and to
maintain competency in DBA compliance. The U.S. Department of Labor offers free
Prevailing Wage Seminars several times a year that meet this requirement, at DOL
Seminars.
For additional guidance on how to comply with DBA provisions and clauses, see DavisBacon Act
X.

DOI STANDARD AWARD TERMS AND CONDITIONS
A. DOI Standard Award Terms and Conditions will be included in all Tribal grants, at the
time of award. These standard terms and conditions can be found at: Standard Award
Terms and Conditions.
B. Under 2 C.F.R. § 200.329, the Federal awarding agency may make site visits as
warranted to ensure appropriate fiscal accountability and oversight. Grant recipients shall
provide Federal awarding agency access to relevant documentation in recipient
possession and facilitate, to the extent allowable under applicable laws, Federal awarding
agency access to project sites.
C. The DOI Freedom of Information Act Office provides guidelines to requestors of grant
applications around what information may be redacted from applications. This
information includes patent rights, confidential financial information, personally
identifiable information (PII), and detailed budget, consultant, and business assets
information. 2 CFR § 200.338 places limitations on public access to award-related
documents.
D. Recipients of an award of Federal financial assistance from a program for infrastructure
are hereby notified that none of the funds provided under this award 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. The requirements of this section must be included in all subawards,
including all contracts and purchase orders for work or products.

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Attachment A
Annex to the Grant Guidance - This Annex provides instructions and awareness on standard
grants management requirements that are part of applying for a Federal award.
1.
2.
3.
4.
5.
6.
7.

Unique Entity Identifier and System for Award Management (SAM)
Conflict of Interest Disclosure
Single Audit Reporting Statement
Certification Regarding Lobbying and Disclosure Requirements
Data Availability
Agency Review Process
Additional Reporting Requirements
a. Significant Development Reports
b. Conflict of Interest Disclosures
c. Other Mandatory Disclosures
d. Reporting Matters Related to Recipient Integrity and Performance
8. Payments
1. Unique Entity Identifier and System for Award Management (SAM)
Before submitting an application, applicants must be registered in SAM.gov and have a Unique
Entity Identifier (UEI) which replaces the Data Universal Numbering System (DUNS) number
from Dun & Bradstreet in April 2022. Registration is through the SAM.gov website, which has
user guides and other information to assist you with registration under the “Help” tab if you are
not already registered. The Grants.gov “Register with SAM” page also provides detailed
instructions, and applicants can contact the supporting Federal Service Desk for help as needed.
A Federal award may not be made to an applicant that has not completed the SAM.gov
registration. Federal award recipients must renew and validate their SAM registration at least
once every 12 months to maintain an active SAM.gov registration with current information
through the life of their Federal award(s).
Applicants that are registered with SAM just need to login to get their UEI, SAM generates it
automatically.
2. Conflict of Interest Disclosure
Per the Financial Assistance Interior Regulation (FAIR), 2 CFR §1402.112, applicants must state
in their application if any actual or potential conflict-of-interest exists at the time of submission.
(a) Applicability.
(1) This section intends to ensure that non-Federal entities and their employees
take appropriate steps to avoid conflicts of interest in their responsibilities under
or with respect to Federal financial assistance agreements.
(2) In the procurement of supplies, equipment, construction, and services by
recipients and by subrecipients, the conflict-of-interest provisions in 2 CFR
200.318 apply.
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(b) Notification.
(1) Non-Federal entities, including applicants for financial assistance awards,
must disclose in writing any conflict of interest to the DOI awarding agency or
pass-through entity in accordance with 2 CFR 200.112.
(2) Recipients must establish internal controls that include, at a minimum,
procedures to identify, disclose, and mitigate or eliminate identified conflicts of
interest. The recipient is responsible for notifying the Grants Officer in writing of
any conflicts of interest that may arise during the life of the award, including
those that have been reported by subrecipients.
(c) Restrictions on lobbying. Non-Federal entities are strictly prohibited from using funds
under a grant or cooperative agreement for lobbying activities and must provide the
required certifications and disclosures pursuant to 43 CFR part 18 and 31 U.S.C. 1352.
(d) Review procedures. The Grants Officer will examine each conflict-of-interest
disclosure on the basis of its particular facts and the nature of the proposed grant or
cooperative agreement and will determine whether a significant potential conflict exists
and, if it does, develop an appropriate means for resolving it.
(e) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the
government may be cause for termination of the award. Failure to make required
disclosures may result in any of the remedies described in 2 CFR 200.339, Remedies for
Noncompliance, including suspension or debarment (see also 2 CFR part 180).
3. Single Audit Reporting Statement
All non-Federal entities expending $750,000 USD or more in Federal award funds in the
applicant’s fiscal year must submit a Single Audit report for that year through the Federal Audit
Clearinghouse’s Internet Data Entry System. U.S. States must state if your organization was or
was not required to submit a Single Audit report for the most recently closed fiscal year in your
application. If your organization was required to submit a Single Audit report for the most
recently closed fiscal year, provide the EIN (Tax ID) associated with that report and state if it is
available through the Federal Audit Clearinghouse website.
4. Certification Regarding Lobbying and Disclosure Requirements
Applicants requesting more than $100,000 in Federal funding must certify to the statements in 43
CFR Part 18, Appendix A-Certification Regarding Lobbying. If this application requests more
than $100,000 in Federal funds, the Authorized Official’s signature on the appropriate SF-424,
Application for Federal Assistance form also represents the entity’s certification of the
statements in 43 CFR Part 18, Appendix A.

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Applicants and recipients must not use any federally appropriated funds (annually appropriated
or continuing appropriations) or matching funds under a Federal award to pay any person for
lobbying in connection with the award. Lobbying is influencing or attempting to influence an
officer or employee of any U.S. agency, a Member of the U.S. Congress, an officer or employee
of the U.S. Congress, or an employee of a Member of the U.S. Congress in connection with the
award. Applicants and recipients must complete and submit the SF-LLL, “Disclosure of
Lobbying Activities” form if the Federal share of the proposal or award is more than $100,000
and the applicant or recipient has made or has agreed to make any payment using nonappropriated funds for lobbying in connection with the application or award. The SF-LLL form
is available with this Funding Opportunity on Grants.gov. See 43 CFR, Subpart 18.100 for more
information on when additional submission of this form is required.
These restrictions and disclosure requirements are not applicable to such expenditures by an
Indian Tribe, Tribal organization, or any other Indian organization specifically permitted by
other Federal law.
5. Data Availability
Per the Financial Assistance Interior Regulation (FAIR): 2 CFR §1402.315
(a) All data, methodology, factual inputs, models, analyses, technical information,
reports, conclusions, valuation products or other scientific assessments in any medium or
form, including textual, numerical, graphic, cartographic, narrative, or audiovisual,
resulting from a financial assistance agreement is available for use by the DOI, including
being available in a manner that is sufficient for independent verification.
(b) The Federal Government has the right to:
(1) Obtain, reproduce, publish, or otherwise use the data, methodology, factual
inputs, models, analyses, technical information, reports, conclusions, or other
scientific assessments, produced under a Federal award; and
(2) Authorize others to receive, reproduce, publish, or otherwise use such data,
methodology, factual inputs, models, analyses, technical information, reports,
conclusions, or other scientific assessments, for Federal purposes, including to
allow for meaningful third-party evaluation.
6. Agency Review Process
The awarding agency conducts a review of the SAM.gov Exclusions database for all applicant
entities and their key project personnel prior to award. The awarding agency cannot award funds
to entities or their key project personnel identified in the SAM.gov Exclusions database as
ineligible, prohibited/restricted or otherwise excluded from receiving Federal contracts, certain
subcontracts, and certain Federal assistance and benefits, as their ineligibility condition applies to
this Federal program.
Prior to award, the awarding agency will evaluate the risk posed by applicants as required in 2
CFR 200.205. The awarding agency documents applicant risk evaluations using DOI’s
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“Financial Assistance Recipient Risk Assessment” form. Prior to approving awards for Federal
funding in excess of the simplified acquisition threshold (currently $250,000), the awarding
agency is required to review and consider any information about or from the applicant found in
the Federal Awardee Performance and Integrity Information System. The awarding agency will
consider this information when completing the risk review. The awarding agency uses the results
of the risk evaluation to establish monitoring plans, recipient reporting frequency requirements,
and to determine if one or more of the specific award conditions in 2 CFR 200.207 should be
applied to the award.
7. Additional Reporting Requirements
Significant Development Reports Events may occur between the scheduled performance
reporting dates which have significant impact upon the supported activity. In such cases,
recipients are required to notify the awarding agency in writing as soon as the recipient becomes
aware of any problems, delays, or adverse conditions that will materially impair the ability to
meet the objective of the Federal award. This disclosure must include a statement of any
corrective action(s) taken or contemplated, and any assistance needed to resolve the situation.
The recipient should also notify the awarding agency in writing of any favorable developments
that enable meeting time schedules and objectives sooner or at less cost than anticipated or
producing more or different beneficial results than originally planned.
Conflict-of-Interest Disclosures Recipients must notify the program immediately in writing of
any conflict of interest that arises during the life of their Federal award, including those reported
to them by any subrecipient under the award. Recipients must notify the program in writing if
any employees, including subrecipient and contractor personnel, are related to, married to, or
have a close personal relationship with any Federal employee in the Federal funding program or
who otherwise may have been involved in the review and selection of the award. The term
employee means any individual engaged in the performance of work pursuant to the Federal
award. Recipients may not have a former Federal employee as a key project official, or in any
other substantial role related to their award, whose participation put them out of compliance with
the legal authorities addressing post-Government employment restrictions. See the U.S. Office of
Government Ethics website for more information on these restrictions. The awarding agency will
examine each conflict-of-interest disclosure based on its particular facts and the nature of the
project and will determine if a significant potential conflict exists. If it does, the awarding agency
will work with the recipient to determine an appropriate resolution. Failure to disclose and
resolve conflicts of interest in a manner that satisfies the awarding agency may result in any of
the remedies described in 2 CFR 200.339 Remedies for Noncompliance, including termination of
the award.
Other Mandatory Disclosures Applicants must disclose, in a timely manner, in writing to the
Federal awarding agency or pass-through entity all violations of Federal criminal law involving
fraud, bribery, or gratuity violations potentially affecting the Federal award. Non-Federal entities
that receive a Federal award including the terms and conditions outlined in 2 CFR 200, Appendix
XII—Award Term and Condition for Recipient Integrity and Performance Matters are required
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to report certain civil, criminal, or administrative proceedings to SAM. Failure to make required
disclosures can result in any of the remedies described in 2 CFR 200.339 Remedies for
Noncompliance, including suspension or debarment.
Reporting Matters Related to Recipient Integrity and Performance If the total value of your
currently active grants, cooperative agreements, and procurement contracts from all Federal
awarding agencies exceeds $10,000,000 for any period of time during the period of performance
of this Federal award, then you as the recipient during that period of time must maintain the
currency of information reported to the System for Award Management (SAM) that is made
available in the designated integrity and performance system (currently the Federal Awardee
Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative
proceedings in accordance with Appendix XII to 2 CFR 200.
8. Payments
Domestic recipients are required to register in and receive payment through the U.S. Treasury’s
Automated Standard Application for Payments (ASAP), unless approved for a waiver by the
awarding agency program. The recipient will be notified of the ASAP enrollment process, or if
already enrolled, the process to link their ASAP account to the Agency.

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