[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Notices]
[Pages 12883-12889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6545]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Grant Program To Assess, Evaluate and Promote Development of 
Tribal Energy and Mineral Resources

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Solicitation of Proposals.

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SUMMARY: The Energy and Mineral Development Program (EMDP) provides 
funding to tribes with the mission goal of assessing, evaluating, and 
promoting energy and mineral resources on Indian trust lands for the 
economic benefit of Indian mineral owners. To achieve these goals, the 
Department of the Interior's Office of Indian Energy and Economic 
Development (IEED), through its Division of Energy and Mineral 
Development (DEMD) office, is soliciting proposals from tribes. The 
Department will use a competitive

[[Page 12884]]

evaluation process to select several proposed projects to receive an 
award.

DATES: Submit grant proposals on or before June 23, 2009. We will not 
consider grant proposals received after this date.

ADDRESSES: Mail or hand-carry to the Department of the Interior, 
Division of Energy and Mineral Development, Attention: Energy and 
Mineral Development Program, 12136 W. Bayaud Avenue, Suite 300, 
Lakewood, CO 80228.

FOR FURTHER INFORMATION CONTACT: If you have questions about the EMDP, 
or have technical questions about the commodity you wish to assess or 
develop, please contact the appropriate DEMD persons listed below:
    <bullet> General Questions about the EMDP Program and Submission 
Process: Robert Anderson, Tel: (720) 407-0602; E-mail: 
<a href="/cdn-cgi/l/email-protection#ee9c818c8b9c9ac08f808a8b9c9d8180ae8c878fc0898198"><span class="__cf_email__" data-cfemail="fa8895989f888ed49b949e9f88899594ba98939bd49d958c">[email protected]</span></a>;
    <bullet> For Additional Copies of the Proposal Writing Guidelines 
Manual: Tahnee KillsCrow, Tel: (720) 407-0655; E-mail: 
<a href="/cdn-cgi/l/email-protection#3e4a5f56505b5b10555752524d5d4c51497e5c575f10595148"><span class="__cf_email__" data-cfemail="c3b7a2abada6a6eda8aaafafb0a0b1acb483a1aaa2eda4acb5">[email protected]</span></a>;
    <bullet> Mineral Projects (Precious Metals, Sand and Gravel): Lynne 
Carpenter, Tel: (720) 407-0605, E-mail: <a href="/cdn-cgi/l/email-protection#39554057575c175a51584a4d585057145a584b495c574d5c4b795b5058175e564f"><span class="__cf_email__" data-cfemail="b5d9ccdbdbd09bd6ddd4c6c1d4dcdb98d6d4c7c5d0dbc1d0c7f5d7dcd49bd2dac3">[email protected]</span></a>, or David Holmes, Tel: (720) 407-0609, E-mail: 
<a href="/cdn-cgi/l/email-protection#f59194839c91db9d9a99989086b5979c94db929a83"><span class="__cf_email__" data-cfemail="046065726d602a6c6b6869617744666d652a636b72">[email protected]</span></a>;
    <bullet> Conventional Energy Projects (Oil, Natural Gas, Coal): Bob 
Just, Tel: (720) 407-0611, E-mail: <a href="/cdn-cgi/l/email-protection#1f6d707d7a6d6b31756a6c6b5f7d767e31787069"><span class="__cf_email__" data-cfemail="d9abb6bbbcabadf7b3acaaad99bbb0b8f7beb6af">[email protected]</span></a>;
    <bullet> Renewable Energy Projects (Biomass, Wind, Solar): Winter 
Jojola-Talburt, Tel: (720) 407-0668, E-mail: <a href="/cdn-cgi/l/email-protection#790e10170d1c0b57131613161518540d18151b0c0b0d391b1018571e160f"><span class="__cf_email__" data-cfemail="fa8d93948e9f88d490959095969bd78e9b96988f888eba98939bd49d958c">[email protected]</span></a>; or
    <bullet> Geothermal Energy: Roger Knight, Tel: (720) 407-0613, E-
mail: <a href="/cdn-cgi/l/email-protection#80f2efe7e5f2aeebeee9e7e8f4c0e2e9e1aee7eff6"><span class="__cf_email__" data-cfemail="86f4e9e1e3f4a8ede8efe1eef2c6e4efe7a8e1e9f0">[email protected]</span></a>.

See the SUPPLEMENTARY INFORMATION section of this notice for 
information on requests for technical assistance.

SUPPLEMENTARY INFORMATION: 

A. Background
B. Items to Consider Before Preparing an Application for an Energy 
and Mineral Development Grant
C. How to Prepare an Application for Energy and Mineral Development 
Funding
D. Submission of Application in Digital Format
E. Application Evaluation and Administrative Information
F. When to Submit
G. Where to Submit
H. Transfer of Funds
I. Reporting Requirements for Award Recipients
J. Requests for Technical Information

A. Background

    Section 103 of the Indian Self-Determination Act, Public Law 93-
638, as amended by Public Law 100-472, contains the contracting 
mechanism for energy and mineral development funded programs.
    The Department of the Interior's Office of IEED, through the DEMD 
office located in Lakewood, Colorado, administers and manages the EMDP. 
The objectives of this solicitation are to receive proposals for energy 
and mineral development projects in the areas of exploration, 
assessment, development, feasibility and market studies.
    Energy includes conventional energy resources such as oil, gas, 
coal, uranium, and coal bed gas, and renewable energy resources such as 
wind, solar, biomass, hydro and geothermal. Mineral resources include 
industrial minerals (e.g., sand, gravel), precious minerals (e.g., 
gold, silver, platinum), base minerals (e.g., lead, copper, zinc), and 
ferrous metal minerals (e.g., iron, tungsten, chromium).
    DEMD's goal is to assist tribes to achieve economic benefits from 
their energy and mineral resources. The purpose of the program is to 
expand the knowledge base through which tribes, either by themselves or 
with industry partners, can bring new energy and mineral resources into 
the marketplace through a comprehensive understanding of their 
undeveloped resource potential. A strong knowledge base will also 
ensure that new resources are produced in an environmentally acceptable 
manner.
    Each year, DEMD usually receives more energy and mineral 
development request applications than can be funded in that year. The 
DEMD has discretion for awarding funds and requires that the tribes 
compete for such funds on an annual basis. The DEMD has established 
ranking and paneling procedures with defined criteria for rating the 
merits of proposals to make the award of the limited funds as fair and 
equitable as possible.
    The EMDP program is funded under the non-recurring appropriation of 
the Bureau of Indian Affairs's (BIA) budget. Congress appropriates 
funds for EMDP funding on a year-to-year basis. Thus, while some 
projects may extend over several years, funding for successive years 
depends on each fiscal year's appropriations.

B. Items To Consider Before Preparing an Application for an Energy and 
Mineral Development Grant

1. Trust Land Status

    The EMDP's funding can only be made available to tribes whose lands 
are held in trust or restricted fee by the Federal government. Congress 
has appropriated these funds for the Federal development of energy and 
mineral resources only on Indian trust or restricted fee lands.

2. Tribes' Compliance History

    The DEMD will monitor all EMDP grants for statutory and regulatory 
compliance to assure that awarded funds are correctly applied to 
approved projects. Tribes that expend funds on unapproved functions may 
forfeit remaining funds in that proposal year, and possibly for any 
future EMDP funding. Consequently, DEMD may request a tribe to provide 
a summary of any funds it has received in past years through other 
projects approved by DEMD, and DEMD may conduct a review of prior award 
expenditures before making a decision on current year proposals.

3. BIA Sanction List

    Tribes who are currently under BIA sanction resulting from non-
compliance with the Single Audit Act may be ineligible from being 
considered for an award.

4. Completion of Previous Energy and Mineral Development Projects

    Generally, the DEMD will not support nor recommend additional 
funding for a project until all project functions scheduled for 
completion the previous year have been documented by the tribe and 
reviewed by the DEMD.
    Under some circumstances, delays encountered in performing the 
project that are beyond the control of the tribe or its consultant will 
be taken into consideration when making decisions on future year EMDP 
awards. Such acceptable delays may include late delivery of funding 
awards to the tribal project, difficulty in finding appropriate 
contractors to perform project functions, permitting issues, and 
weather delays.

5. Multi-Year Projects

    The DEMD cannot award multi-year funding for a project. Funding 
available for the EMDP is subject to annual appropriations by Congress 
and therefore DEMD can only consider single-year funded projects. 
Generally, energy and mineral development projects are designed to be 
completed in one year. It is acceptable that a project may require more 
than one year to complete due to circumstances such as weather, 
availability of the consultant, or scope of project.
    The EMDP's projects requiring funding beyond one-year intervals 
should be grouped into discrete, single-year units of operation, and 
then submitted as individual proposals for

[[Page 12885]]

consideration of EMDP award funding. Tribes must be aware, however, 
that there is no absolute guarantee of EMDP awards being available for 
future years of a multi-year project due to the discretionary nature of 
EMDP award funding.

6. Use of Existing Data

    The DEMD maintains a comprehensive set of tribal data and 
information. The DEMD has spent considerable time and expense in 
collecting digital land grids, geographic information system (GIS) data 
and imagery data for many reservations. Monthly well status and 
production data, geophysical data (such as seismic data), geology and 
engineering data, etc., are all stored at DEMD's offices. All of these 
data sets are available to tribes to reduce the cost of their 
investigations.
    Budget line items will not be allowed for data or products that 
reside at DEMD. The tribe or the tribe's consultant must first check 
with DEMD for availability of these data sets on the reservation they 
are investigating. If DEMD does not have a particular data set, then 
EMDP funds may be used to acquire such data.
    When a proposal includes the acquisition of new data, the tribe 
should thoroughly search for preexisting data to ensure there is no 
duplication. If older data does exist, it may have considerable value. 
It may be updated or improved upon, either by the DEMD or by the 
tribe's consultant.

7. Using Technical Services at DEMD

    The DEMD has many in-house technical capabilities and services that 
the tribes may wish to use. All services provided by DEMD are without 
charge to the tribes. Tribes can obtain maximum benefit from energy and 
mineral development studies by first using DEMD's services, or by using 
DEMD services in conjunction with outside consultants. Services 
available at DEMD include:
    <bullet> Technical literature search of previous investigations and 
work performed in and around reservations using reference materials 
located nearby, such as the U.S. Geological Survey (USGS) library in 
Denver, Colorado, or the Colorado School of Mines library in Golden, 
Colorado;
    <bullet> Well production history analysis, decline curve and 
economic analysis of data obtained through DEMD's in-house databases;
    <bullet> Well log interpretation, including correlation of 
formation tops, identification of producing horizons, and generation of 
cross-sections;
    <bullet> Technical mapping capabilities, using data from well log 
formation tops and seismic data;
    <bullet> Contour mapping capabilities, including isopachs, 
calculated grids, color-fill plotting, and posting of surface features, 
wells, seismic lines and legal boundaries;
    <bullet> Seismic data interpretation and data processing;
    <bullet> Three dimensional modeling of mine plans;
    <bullet> Economic analysis and modeling for energy and solid 
mineral projects; and
    <bullet> Marketing studies.

8. What the Energy and Mineral Development Program Cannot Fund

    As stated above, these funds are specifically for energy and 
mineral development project work only. Examples of elements that cannot 
be funded include:
    <bullet> Establishing or operating a tribal office, and/or purchase 
of office equipment not specific to the assessment project. Tribal 
salaries may be included only if the personnel are directly involved in 
the project and only for the duration of the project;
    <bullet> Indirect costs and overhead as defined by the Federal 
Acquisition Regulation (FAR);
    <bullet> Purchase of equipment that is used to perform the EMDP 
project, such as computers, vehicles, field gear, etc. (however, the 
leasing of this type of equipment for the purpose of performing energy 
and mineral development is allowed);
    <bullet> Purchasing and/or leasing of equipment for the development 
of energy and mineral resources (this would include such items as well 
drilling rigs, backhoes, bulldozers, cranes, trucks, etc.);
    <bullet> Drilling of wells for the sale of hydrocarbons, geothermal 
resources, other fluid and solid minerals (however, funds may be used 
for the drilling of exploration holes for testing, sampling, coring, or 
temperature surveys);
    <bullet> Legal fees;
    <bullet> Application fees associated with permitting;
    <bullet> Research and development of unproved technologies;
    <bullet> Training;
    <bullet> Contracted negotiation fees;
    <bullet> Purchase of data that is available through DEMD; and
    <bullet> Any other activities not authorized by the tribal 
resolution or by the award letter.

9. Who Performs Energy and Mineral Development Studies?

    The tribe determines who will perform the energy and mineral 
development work, such as a consultant, a private company, or other 
sources described in the list below. The tribe may also request the BIA 
to perform the work.
    A tribe has several choices in contracting work performed under an 
energy and mineral development project:
    <bullet> A private company (although that company must not be 
competing for exploration or development rights on the tribe's lands);
    <bullet> An experienced and qualified scientific consultant; or
    <bullet> A Federal government agency (such as USGS or the U.S. 
Department of Energy (DOE)) or a State government agency (such as a 
State geological survey).
    There are no requirements or restrictions on how the tribe performs 
their contracting function for the consultant or company. The tribe is 
free to issue the contract through a sole source selection or through 
competitive bidding. This determination will depend on the tribe's own 
policies for contracting procedures.

C. How To Prepare an Application for Energy and Mineral Development 
Funding

    The application shall be prepared as set forth herein to provide a 
standard basis for evaluation and to ensure that each application will 
be uniform as to format and sequence. Applications are expected to be 
prepared in accordance with this section. A complete energy and mineral 
development request must contain the following components:
    <bullet> A current tribal resolution authorizing the proposed 
project;
    <bullet> A proposal describing the planned activities and 
deliverable products; and
    <bullet> A detailed budget estimate.
    DEMD will examine every request for the mandatory components. 
Energy and mineral development requests that do not contain all of the 
mandatory components will be considered incomplete and returned to the 
tribe, with an explanation. Tribes will then be allowed to correct all 
deficiencies and resubmit the proposal for consideration on or before 
the deadline.
    A detailed description of each of the required components follows.
    1. Mandatory Component 1: Tribal Resolution.
    The tribal resolution must be current, and must be signed. It must 
authorize tribal approval for an EMDP proposed project in the same 
fiscal year as that of the energy and mineral development proposal and 
must explicitly refer to the assessment proposal being submitted. The 
tribal resolution must also include:

[[Page 12886]]

    (a) A description of the commodity or commodities to be studied;
    (b) A statement that the tribe is willing to consider development 
of any potential energy or mineral resource discovered;
    (c) A statement describing how the tribe prefers to have the energy 
or mineral program conducted (i.e., through the sole utilization of 
DEMD in-house professional staff, in conjunction with tribal 
professional staff, private contractors/consultants, or through other 
acceptable means); and
    (d) A statement that the tribe will consider public release of 
information obtained from the energy and mineral development study upon 
request from DEMD. (Public release is meant to include publications, a 
poster session, attending a property fair, or giving an oral 
presentation at industry or Federal meetings and conferences.)

    Note: Any information in the possession of DEMD or submitted to 
DEMD throughout the EMDP process, including the final energy and 
mineral development study, are government records and may be subject 
to disclosure to third parties under the Freedom of Information Act 
(FOIA), 5 U.S.C. 552, and the Department of the Interior's FOIA 
regulations at 43 CFR part 2, unless a FOIA exemption or exception 
applies or other provisions of law protect the information. A tribe 
may, but is not required to, designate information it submits as 
confidential commercially or financially sensitive information, as 
applicable in any submissions it makes throughout the EMDP process. 
If DEMD receives a FOIA request for any such information, it will 
follow the procedures in 43 CFR part 2.

    2. Mandatory Component 2: Energy and Mineral Development Proposal
    A tribe may present their energy and mineral development proposal 
in any form they wish, so long as the proposal contains a description 
of planned activities and deliverable products that can be accomplished 
within the fiscal year for which funding is being requested. The 
proposal should be well organized, contain as much detail as possible, 
yet be presented succinctly to allow a quick and thorough understanding 
of the proposal by the DEMD ranking team.
    Many tribes utilize the services of a staff geoscientist or private 
consultant to prepare the technical part of the proposal. However, some 
tribes may not have these resources and, therefore, are urged to seek 
DEMD's technical assistance in preparing their EMDP proposal. Tribes 
who want technical assistance from DEMD should make this request in 
writing to the address provided in this notice. The request should be 
made as early as possible to give DEMD time to perform the assistance.
    The proposal should include the following sections.
    (a) Overview and Technical Summary of the Project: Prepare a short 
summary overview of the proposal that includes the following:

--Elements of the proposed study;
--Reasons why the proposed study is needed;
--Total requested funding;
--Responsible parties for technical execution and administration of the 
proposed project; and
--A tribal point of contact for the project and contact information.

    (b) Technical Summary of Project: Describe in relevant detail the 
technical description of the project area, if sufficient information 
exists. Give examples of a typical resource occurrence to be examined 
under the proposal, such as the oil or gas deposit, etc. If possible, 
include criteria applicable to these types of resource occurrences.
    <bullet> Multi-Phased Studies: Explain whether this assessment 
request will begin a new study or continue a study, which has already 
been partially completed. Also explain how long the study will last. 
[Note: DEMD cannot guarantee funding for a project from one fiscal year 
to the next.]
    <bullet> Known Energy/Mineral Resource: If a known energy and/or 
mineral deposit exists or produces near the reservation, discuss the 
possible extension or trend of the deposit onto the reservation.
    <bullet> Existing Information: Acknowledge any existing mineral 
exploration information and provide references. The proposed new study 
should not duplicate previous work.
    <bullet> Environmental or Cultural Sensitive Areas: Describe and 
verify if the resources are located in an archeological, 
environmentally or culturally sensitive area of the reservation. The 
tribe must also assist DEMD with the review under the National 
Environmental Policy Act, 42 U.S.C. 4321 et seq., for the proposed 
project.
    (c) Project Objective, Goals and Scope of Work: Describe why the 
tribe needs the proposed energy and mineral development. Examples may 
include:
    <bullet> Discussion of the short and long term benefits to the 
tribe;
    <bullet> Initial identification of an energy or mineral resource 
for possible development;
    <bullet> Additional information regarding the potential resource 
required for tribal decision making commitments on development 
proposals;
    <bullet> Feasibility studies and market analyses on resource 
development potentials;
    <bullet> Support for environmental studies;
    <bullet> Support and technical assistance as part of the contract 
negotiations process;
    <bullet> Description of the work proposed, and the project goals 
and objectives expected to be achieved by the proposed project;
    <bullet> Description of the location on the reservation where the 
work will be done (include relevant page size maps and graphs); and
    <bullet> Description, in relevant detail, of the scope of work and 
justification of a particular method. For example, if a geochemical 
sampling survey is planned, an explanation might include the quantity 
samples to be obtained, what type of sampling will be targeted, the 
soil horizons to be tested, general location of the projected sampling, 
how the samples are to be analyzed and why geochemistry was chosen as 
an exploration technique. Furnish similar types of explanations and 
details for geophysics, geologic mapping, core drilling or any other 
type of assessment planned.
    (d) Deliverable Products: Describe all deliverable products that 
the proposed assessment project will generate, including all technical 
data to be obtained during the study. Describe the types of maps to be 
generated and the proposed scales. Also, discuss how these maps and 
cross-sections will help define the energy and mineral potential on the 
reservation. Discuss any planned status reports as well as the 
parameters of the final report.
    (e) Resumes of Key Personnel: If using consultant services, provide 
the resumes of key personnel who will be performing the project work. 
The resumes should provide information on each individual's expertise. 
If subcontractors are used, these should also be disclosed.
    3. Mandatory Component 3: Detailed Budget Estimate
    A detailed budget estimate is required for the funding level 
requested. The detail not only provides the tribe with an estimate of 
costs, but it also provides DEMD with the means of evaluating the cost-
benefit of each project. This line-by-line budget must fully detail all 
projected and anticipated expenditures under the EMDP proposal. The 
ranking committee reviews each budget estimate to determine whether the 
budget is reasonable and can produce the results outlined under the 
proposal.
    Each proposed project function should have a separate budget. The 
budget should break out contract and consulting fees, fieldwork, lab 
and

[[Page 12887]]

testing fees, travel and all other relevant project expenses. 
Preparation of the budget portion of an EMDP proposal should be 
considered a top priority. EMDP proposals that include sound budget 
projections will receive a more favorable ranking over those proposals 
that fail to provide appropriate budget projections.
    The budget page(s) should provide a comprehensive breakdown for 
those project line items that involve several components, or contain 
numerous sub-functions.
    (a) Contracted Personnel Costs. This includes all contracted 
personnel and consultants, their respective positions and time (man-
hour) allocations for the proposed functions of a project.
    <bullet> Personnel funded under the Public Law 93-638 EMDP must 
have documented professional qualifications necessary to perform the 
work. Position descriptions or resumes should be attached to the budget 
estimate.
    <bullet> If a consultant is to be hired for a fixed fee, the 
consultant's expenses should be itemized as part of the project budget.
    <bullet> Consultant fees must be accompanied by documentation that 
clearly identifies the qualifications of the proposed consultants, 
specifics as to how the consultant(s) are to be used, and provides a 
line item breakdown of costs associated with each consultant activity.
    (b) Travel Estimates. Estimates should be itemized by airfare and 
vehicle rental, lodging and per diem, based on the current federal 
government per diem schedule.
    (c) Data Collection and Analysis Costs. These costs should be 
itemized in sufficient detail for the reviewer to evaluate the charges. 
For example, break down drilling and sampling costs in relation to 
mobilization costs, footage rates, testing and lab analysis costs per 
core sample.
    (d) Other Expenses. Include computer rental, report generation, 
drafting, and advertising costs for a proposed project.

D. Submission of Application in Digital Format

    Submit the application, including the budget pages, in digital 
form. Proposals that are submitted without the digital components will 
be returned.
    Acceptable formats are Microsoft (MS) Word, MS Excel or Adobe PDF 
on compact disks (CDs) or floppy disks. The budget must be submitted in 
an Excel spreadsheet.
    Each file must be saved with a filename that clearly identifies the 
file being submitted. File name extensions must clearly indicate the 
software application used for preparation of the documents (i.e. , doc, 
pdf, xls).
    Documents that require an original signature, such as cover 
letters, tribal resolutions, and other letters of tribal authorization 
can be submitted in hard copy (paper) form.
    If you have any additional questions concerning the Energy and 
Mineral Development proposal submission process, please contact Robert 
Anderson, DEMD's EMDP Coordinator at (720) 407-0602.

E. Application Evaluation and Administrative Information

1. Administrative Review

    Upon receipt of an application, DEMD will determine whether the 
document contains the required prescribed information, includes a 
tribal resolution, contains sufficient technical/scientific information 
to conduct an evaluation, and does not duplicate or overlap previous or 
current funded EMDP projects.
    The DEMD staff may return an application which does not include all 
information and documentation required within this notice. During the 
review of a proposal, DEMD may request the submission of additional 
information.

2. Ranking Criteria

    Proposals will be formally evaluated by a Review and Ranking Panel 
using the six criteria listed below. Each criteria factor provides a 
percentage of the total rating of 100 points maximum.
    (a) Resource Potential; 10 points. If the resource does not exist, 
then the project will be rejected. The panel will base their scoring on 
both the information provided by the tribe and databases maintained by 
DEMD. It is critical that the tribe attempt to provide all pertinent 
information in their proposal in order to ensure that an accurate 
review of the proposal is accomplished. The reviewers are aware that 
many tribes have little energy or mineral resource data on reservation 
lands, and in some cases, resource data does not exist. However, 
geologic and historical mineral development data exist throughout most 
of the continental U.S. on lands surrounding Indian reservations.
    Many times a producing energy or mineral deposit exists outside but 
near the reservation boundary. The geologic setting containing the 
resource may extend onto the reservation, regardless of the size of the 
reservation. This would suggest potential of finding similar resources 
on the reservation. In some cases, available data on adjacent lands may 
allow for a scientifically acceptable projection of favorable trends 
for energy or mineral occurrences on those Indian lands in question.
    For renewable energy proposals, this factor would apply to 
conditions favorable for the economic development of the particular 
renewable energy source being studied.
    (b) Marketability of the Resource; 20 points. Reviewers will base 
their scoring on both the short and long-term market conditions of the 
resources. Reviewers are aware that the marketability of an energy or 
mineral commodity is time-dependent on existing and emerging market 
conditions. Industrial minerals such as aggregates, sand/gravel and 
gypsum are dependent on local/regional economic conditions. Precious 
and base metal minerals such as gold, silver, lead, copper and zinc are 
usually more dependent on international market conditions. Natural gas 
and coal bed methane production is economically dependent on having 
relatively close access to a transmission pipeline, as is renewable 
energy to an electric transmission grid. Coal and crude oil production, 
on the other hand, carry built-in transportation costs, making those 
resources more dependent on current and projected energy commodity 
rates. At any time, some commodities may have a strong sustained market 
while others experience a weak market environment, or even a market 
surge that may be only temporary.
    Reviewers are aware of pitfalls surrounding long term market 
forecasts of energy and mineral resources, so the proposal should 
address this element fully. Also, short-term forecasts may indicate an 
oversupply from both national and internationally developed properties, 
and therefore additional production may not be accommodated. Certain 
commodities such as electricity may be in high demand in some regional 
sectors, but the current state of the transmission infrastructure does 
not allow for additional kilowatts to be handled, thereby hindering a 
market opportunity.
    On the other hand, the potential for improving markets may be 
suggested by market indicators. Examples of market indicators include 
price history, prices from the futures markets, rig count for oil and 
gas, and fundamental factors like supply shortages, political unrest in 
foreign markets, and changes in technology.
    (c) Economic Benefits Produced by the Project; 20 points. This 
proposed study should make the tribe's land more attractive to industry 
for exploration and development or provide for the

[[Page 12888]]

tribe's own economic development. Whatever the commodity being studied, 
the ultimate goal is to collect useful data and information that 
generates interest within the development industry, attract potential 
developers to the Indian lands, and acquire data and information at a 
minimal cost to the tribe.
    (d) Tribes' Willingness to Develop; 20 points. The tribe's 
willingness to consider developing any potential resource must be 
clearly stated in the proposal and the tribal resolution. Note that 
this is not a statement for mandatory development of any potential 
resource, but just that the tribe is willing to develop. The decision 
as to whether or not to develop will always lie with the tribe. The 
willingness to development statement should provide sufficient 
explanation of how the tribe intends to accomplish this task. The 
willingness to develop will also be evaluated by the tribe's 
willingness to release energy or mineral data to potential developers.
    (e) Tribal Commitment to the Project; 25 points.
    <bullet> The tribe should appoint a designated lead and contact 
person (e.g., someone with direct contact to the council) to be 
committed to the successful completion of the project.
    <bullet> If the tribe has a strategic plan for development, does 
the EMDP proposal fit within that strategic plan? A strategic plan 
outlines objectives, goals, and methodology for sustainable tribal 
economic development.
    <bullet> The tribe's business environment must be conducive to 
development.
    (f) Additional Funding or Participation From Other Entities; 5 
points.
    Additional point consideration will be given if other government 
agencies (Bureau of Land Management, DOE, etc.) and/or private 
companies are involved and contribute to the project.

3. Ranking of Proposals and Award Letters

    The EMDP review committee will rank the energy and mineral 
development proposals using the selection criteria outlined in this 
manual under Section 6. The DEMD will then forward the rated requests 
to the Director of the IEED (Director) for approval. Once approved, the 
Director will submit all proposals to the Assistant Secretary--Indian 
Affairs for concurrence and announcement of awards to those selected 
tribes, via written notice. Those tribes not receiving an award will 
also be notified immediately in writing.

F. When to Submit

    The DEMD will accept applications at any time before the deadline 
stated in the DATES section of this notice, and will send a 
notification of receipt to the return address on the application 
package, along with a determination of whether or not the application 
is complete. The DEMD will not consider grant proposals after this 
date. A date-stamped receipt of submission by the BIA Regional or 
Agency-level office on or before the announced deadline will also be 
acceptable.

G. Where To Submit

    Applicants must submit the Energy and Mineral Development proposals 
to DEMD at the address listed in the ADDRESSES section of this notice. 
Applicants should also, as a matter of courtesy, forward a copy of 
their proposal to their own BIA Agency and Regional offices.
    A tribe may fax the cover letter and resolution for the proposal 
prior to the deadline, which will guarantee that the proposal will be 
considered as being received on time. However, DEMD asks that tribes or 
consultants do not send the entire proposal via the fax method, as this 
severely overloads the fax system due to the relatively large number of 
proposals that DEMD receives each year.
    The cover letter should also state that the proposal is being sent 
via FedEx or mail. An original signature copy must be received in 
DEMD's office within ten (10) working days after the deadline, 
including all signed tribal resolutions and/or letters of tribal 
authorization.
    BIA Regional or Agency level offices receiving a tribe's submitted 
EMDP proposal do not have to forward it on to DEMD. It is meant to 
inform them of a tribe's intent to perform energy or mineral studies 
using EMDP funding. The BIA Regional or Agency offices are free to 
comment on the tribe's proposal, or to ask DEMD for other information.

H. Transfer of Funds

    IEED will transfer a tribe's EMDP award funds to the BIA Regional 
Office that serves that tribe, via a sub-allotment funding document 
coded for the tribe's EMDP project. The tribe should be anticipating 
the transfer of funds and be in contact with their budget personnel 
contacts at the Regional and Agency office levels. Tribes receiving 
EMDP awards must establish a new 638 contract to complete the transfer 
process, or use an existing 638 contract, as applicable.

I. Reporting Requirements for Award Recipients

1. Quarterly Reporting Requirements

    During the life of the EMDP project, quarterly written reports are 
to be submitted to the DEMD project monitor for the project. The 
beginning and ending quarter periods are to be based on the actual 
start date of the EMDP project. This date can be determined between 
DEMD's project monitor and the tribe.
    The quarterly report can be a one to two page summary of events, 
accomplishments, problems and/or results that took place during the 
quarter. Quarterly reports are due two weeks after the end of a 
project's fiscal quarter.

2. Final Reporting Requirements

    <bullet> Delivery Schedules. The tribe must deliver all products 
and data generated by the proposed assessment project to DEMD's office 
within two weeks after completion of the project.
    <bullet> Mandatory Requirement to Provide Reports and Data in 
Digital Form. The DEMD maintains a repository for all energy and 
mineral data on Indian lands, much of it derived from these energy and 
mineral development reports. As EMDP projects produce reports with 
large amounts of raw and processed data, analyses and assays, DEMD 
requires that deliverable products be provided in digital format, along 
with printed hard copies.
    Reports can be provided in either MS Word or Adobe PDF format. 
WordPerfect format will be accepted but is not preferred. Spreadsheet 
data can be provided in MS Excel, MS Access, or Adobe PDF formats. All 
vector figures should be converted to PDF format, as that has become a 
common format for such files. Faster images can be provided in PDF, 
JPEG, TIFF, or any of the Windows metafile formats.
    <bullet> Number of Copies. When a tribe prepares a contract for 
energy and mineral development, they must describe the deliverable 
products and include a requirement that the products be prepared in 
standard format (see format description above). Each energy and mineral 
development contract will provide funding for a total of six (6) 
printed and six (6) digital copies to be distributed as follows:
    (a) The tribe will receive two printed and two digital copies of 
the EMDP report.
    (b) The DEMD requires four printed copies and four digital copies 
of the EMDP report. DEMD will transmit one of these copies to the 
tribe's BIA Regional Office, and one copy to the

[[Page 12889]]

tribe's BIA Agency office. Two printed and two digital copies will then 
reside with DEMD. These copies should be forwarded to the DEMD offices 
in Lakewood, Colorado, to the attention of the Energy and Mineral 
Development Program.
    All products generated by EMDP studies may be subject to release 
under FOIA, as noted above. Products include all reports and technical 
data obtained during the study such as geophysical data, geochemical 
analyses, core data, lithologic logs, assay data of samples tested, 
results of special tests, maps and cross sections, status reports and 
the final report.

J. Requests for Technical Assistance

    The DEMD staff may provide technical consultation (i.e., work 
directly with tribal staff on a proposed project), provide support 
documentation and data, provide written language on specialized 
sections of the proposal and suggest ways a tribe may obtain other 
assistance, such as from a company or consultant specializing in a 
particular area of expertise. However, the tribe is responsible for 
preparing the executive summary, justification and scope of work for 
their proposal.
    The tribe must notify DEMD in writing that they require assistance, 
and DEMD will then appoint staff to provide the requested assistance. 
The tribe's request must clearly specify the type of technical 
assistance desired.
    Requests for technical assistance should be submitted by the 
deadline stated in the DATES section for such requests to allow DEMD 
time to provide the appropriate assistance. Tribes not seeking 
technical assistance should attempt to submit their EMDP proposals well 
in advance of the deadline to allow DEMD time to review the proposals 
for possible deficiencies and allow ample time to contact the tribe 
with requests for revisions to the initial submission.

    Dated: March 10, 2009.
George T. Skibine,
Deputy Assistant Secretary for Policy and Economic Development.
 [FR Doc. E9-6545 Filed 3-24-09; 8:45 am]
BILLING CODE 4310-4M-P


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