ULS Application for the Tribal Lands Bidding Credit Program
Markets Summary Screen
After completing basic applicant information, ULS will present the applicant with questions regarding the tribal lands bidding credit program. However, before the tribal lands bidding credit questions are presented, the applicant must first identify the markets to be included in the application.
At this point in the application process, the applicant must know if it intends to seek a tribal lands bidding credit in some or all markets won at auction. This is important for two reasons.
First, the intent to seek a tribal lands bidding credit must be indicated on the application prior to the close of the long-form filing window. Once the filing window is closed, applicants are not permitted to amend their application to change their intent to seek a tribal lands bidding credit from "No" to "Yes".
Second, if an applicant is seeking a tribal lands bidding credit in some but not all markets, we highly recommend that the applicant file two applications, one application with only the markets seeking a tribal lands bidding credit and another application with the markets not seeking the tribal lands bidding credit.
In the above example, CMA018 is the only market out of four that is being included in this application.
Tribal Lands Bidding Credit Intent Screen
If the applicant intends to seek a tribal lands bidding credit, answer "Yes" and ULS will continue to present the applicant with the appropriate tribal lands bidding credit screens.
If the applicant does not intend to seek a tribal lands bidding credit, answer "No" and ULS will continue with the standard application process.
Identify Markets for Tribal Lands Bidding Credits Screen
If the applicant previously stated its intent to seek a tribal lands bidding credit, it must now identify the markets in which it intends to seek the tribal lands bidding credit.
In the above example, the applicant is seeking a tribal lands bidding credit in market CMA018 for both channel blocks, A and B.
For the purpose of the tribal lands bidding credit, the winning bidder is not required to seek the tribal lands bidding credit for all channel blocks within the same market; the choice of channel blocks is the applicant’s. However, if more than one channel block within a market is selected, the same tribal lands must be served by all the channel blocks within the market seeking the tribal lands bidding credit.
If the applicant does not have the required certifications, check "No". The applicant has 180 days from the closing of the long-form application filing window to submit the required certifications in order to be eligible to receive a tribal lands bidding credit.
If the applicant has the required certifications at the long-form stage, check "Yes".
It is important to note that applicants can not select the tribal lands to be served until it has all the required tribal certifications. If the applicant is seeking a tribal lands bidding credit in multiple markets within the same application, the tribal lands must be selected for all markets and all certifications provide before the application can be submitted to the Commission.
“NO” Tribal Certifications Screen
If the applicant previously stated it did not have the required tribal certifications at this time, ULS will present this screen advising the applicant they have 180 days to amend their application to select the tribal lands to be served and to provide the required certifications. ULS will then continue with the standard application filing process.
“Yes” Tribal Certifications Screen
If the applicant previously stated it had the required certifications, it is time to identify the tribal lands to be served. For each market the applicant expressed its intent to seek a tribal lands bidding credit and for which it has the certifications, ULS will present a list of tribal lands within the market. The applicant should select the tribal lands it intends to serve and click on the "calculate" button (which is not shown above). ULS will calculate the tribal lands bidding credit.
In the example above, the applicant intends to serve the Manzanita Reservation.
The “add” button in the lower left can be used when a new tribal land has been added to the federally recognized tribal lands list and the Commission’s records have not yet been updated to reflect the change. The applicant must enter the tribal land name and the square kilometers of the tribal land within the specific market.
Tribal Lands Bidding Credit Summary Screen
ULS has calculated the amount of the tribal lands bidding credit for market CMA018 as $500,000. Since the applicant is seeking a tribal lands bidding credit using two channel blocks within the same market, ULS proportionately allocates the market bidding credit between to two channel blocks based on the gross bid for each channel block.
To upload the required certifications, use the “Attachment” link and select attachment type “Tribal Govt. Certification.”
Request Additional Tribal Lands Bidding Credit:
If the applicant is requesting an additional bidding credit, enter the additional amount in the designated box. In the above example, the applicant is requesting an additional $90,000 for market CMA018. When the applicant clicks on the "calculate" button, ULS will proportionately allocate the additional tribal lands bidding credit amount to each channel block.
If the applicant enters an additional bidding credit that exceeds the Commission’s cap, ULS will provide an error message and will not permit the applicant to request the amount entered.
As outlined in the Report and Order and Further Notice of Proposed Rule Making, adopted June 8, 2000, a request for an additional bidding credit must be accompanied by a waiver request demonstrating that the infrastructure costs exceed the available credit under the formula and it must include a certification by an independent auditor that the estimated costs are reasonable. The waiver request and the auditor certification must be uploaded using the “attachment” link and selecting the attachment type “Tribal Lands Waiver Request”.
Tribal Lands Bidding Credit Summary Screen
The above screen shows the calculated tribal lands bidding credit and the requested additional tribal lands bidding credit for the market CMA018 as well as these amounts allocated per channel block based on the gross winning bid.