Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices 12883 

TABLE 2—SUMMARY OF 42 SPECIES IN CALIFORNIA AND NEVADA FOR WHICH 5-YEAR REVIEWS WERE COMPLETED IN MID

TO LATE FY 2008.—Continued 

Common name Scientific name Recommendation Lead fish and wildlife office Contact 

Butte County meadowfoam ................. Limnanthes floccosa subsp. californica No status change Sacramento .......... Al Donner; 

(916) 414–6600 

California taraxacum ........................... Taraxacum californicum ...................... No status change Carlsbad ............... Jane Hendron; 

(760) 431 

Colusa grass ....................................... Neostapfia colusana ............................ No status change Sacramento .......... Al Donner; 

(916) 414–6600 

Contra Costa goldfields ....................... Lasthenia congugens .......................... No status change Sacramento .......... Al Donner; 

(916) 414–6600 

Contra Costa wallflower ...................... Erysimum capitatum var. angustatum No status change Sacramento .......... Al Donner; 

(916) 414–6600 

Few-flowered navarretia ...................... Navarretia leucocephala subsp. 

pauciflora.

No status change Sacramento .......... Al Donner; 

(916) 414–6600 

Gowen cypress .................................... Callitropsis goveniana ......................... No status change Ventura ................. Lois Grunwald; 

(805) 644 

Island barberry .................................... Berberis pinnata subsp. insularis ........ No status change Ventura ................. Lois Grunwald; 

(805) 644 

Island phacelia .................................... Phacelia insularis var. insularis ........... No status change Ventura ................. Lois Grunwald; 

(805) 644 

Lane Mountain milk-vetch ................... Astragalus jaegerianus ........................ Downlist ................ Ventura ................. Lois Grunwald; 

(805) 644 

Lyon’s pentachaeta ............................. Pentachaeta lyonii ............................... No status change Ventura ................. Lois Grunwald; 

(805) 644 

Marsh sandwort ................................... Arenaria paludicola .............................. No status change Ventura ................. Lois Grunwald; 

(805) 644 

Menzies’ wallflower ............................. Erysimum menziesii ............................ No status change Arcata ................... Matt Baun; 

(530) 842–5763 

Monterey gilia ...................................... Gilia tenuiflora subsp. arenaria ........... No status change Ventura ................. Lois Grunwald; 

(805) 644 

Morro manzanita ................................. Arctostaphylos morroensis .................. No status change Ventura ................. Lois Grunwald; 

(805) 644 

Peirson’s milk-vetch ............................ Astragalus magdalenae var. peirsonii No status change Carlsbad ............... Jane Hendron; 

(760) 431–9440 

Purple amole ....................................... Chlorogalum purpureum ...................... No status change Ventura ................. Lois Grunwald; 

(805) 644–1766 

Sacramento Orcutt grass .................... Orcuttia viscida .................................... No status change Sacramento .......... Al Donner; 

(916) 414–6600 

San Bernardino bluegrass ................... Poa atropurpurea ................................ No status change Carlsbad ............... Jane Hendron; 

(760) 431–9440 

San Clemente Island larkspur ............. Delphinium variegatum subsp. 

kinkiense.

Downlist ................ Carlsbad ............... Jane Hendron; 

(760) 431–9440 

San Jacinto Valley crownscale ........... Atriplex coronata var. notatior ............. No status change Carlsbad ............... Jane Hendron; 

(760) 431–9440 

Sebastopol meadowfoam .................... Limnanthes vinculans .......................... No status change Sacramento .......... Al Donner; 

(916) 414–6600 

Sonoma sunshine ................................ Blennosperma bakeri .......................... No status change Sacramento .......... Al Donner; 

(916) 414–6600 

Southern mountain buckwheat ............ Eriogonum kennedyi var. 

austromontanum.

No status change Carlsbad ............... Jane Hendron; 

(760) 431 

Vail Lake ceanothus ............................ Ceanothus ophiochilus ........................ No status change Carlsbad ............... Jane Hendron; 

(760) 431 

Willowy monardella ............................. Monardella linoides subsp. viminea .... No status change Carlsbad ............... Jane Hendron; 

(760) 431 

Authority This document is published 

under the authority of the Endangered 

Species Act of 1973, as amended (16 U.S.C. 

1531 et seq. ). 

Michael Fris, 

Acting Regional Director, Region 8, U.S. Fish 

and Wildlife Service. 

[FR Doc. E9–5520 Filed 3–24–09; 8:45 am] 

BILLING CODE 4310–55–P 

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. 

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 


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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: 

• General Questions about the EMDP 

Program and Submission Process: 

Robert Anderson, Tel: (720) 407–0602; 

E-mail: robert.anderson@bia.gov; 

• For Additional Copies of the 

Proposal Writing Guidelines Manual: 

Tahnee KillsCrow, Tel: (720) 407–0655; 

E-mail: tahnee.killscrow@bia.gov; 

• Mineral Projects (Precious Metals, 

Sand and Gravel): Lynne Carpenter, Tel: 

(720) 407–0605, E-mail: lynne.chastaincarpenter@bia.gov, or David Holmes, 

Tel: (720) 407–0609, E-mail: 

david.holmes@bia.gov; 

• Conventional Energy Projects (Oil, 

Natural Gas, Coal): Bob Just, Tel: (720) 

407–0611, E-mail: robert.just@bia.gov; 

• Renewable Energy Projects 

(Biomass, Wind, Solar): Winter JojolaTalburt, Tel: (720) 407–0668, E-mail: 

winter.jojola-talburt@bia.gov; or 

• Geothermal Energy: Roger Knight, 

Tel: (720) 407–0613, E-mail: 

roger.knight@bia.gov. 

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 SelfDetermination 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, singleyear units of operation, and then 

submitted as individual proposals for 


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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: 

• 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; 

• Well production history analysis, 

decline curve and economic analysis of 

data obtained through DEMD’s in-house 

databases; 

• Well log interpretation, including 

correlation of formation tops, 

identification of producing horizons, 

and generation of cross-sections; 

• Technical mapping capabilities, 

using data from well log formation tops 

and seismic data; 

• Contour mapping capabilities, 

including isopachs, calculated grids, 

color-fill plotting, and posting of surface 

features, wells, seismic lines and legal 

boundaries; 

• Seismic data interpretation and data 

processing; 

• Three dimensional modeling of 

mine plans; 

• Economic analysis and modeling 

for energy and solid mineral projects; 

and 

• 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: 

• 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; 

• Indirect costs and overhead as 

defined by the Federal Acquisition 

Regulation (FAR); 

• 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); 

• 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.); 

• 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); 

• Legal fees; 

• Application fees associated with 

permitting; 

• Research and development of 

unproved technologies; 

• Training; 

• Contracted negotiation fees; 

• Purchase of data that is available 

through DEMD; and 

• 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: 

• A private company (although that 

company must not be competing for 

exploration or development rights on 

the tribe’s lands); 

• An experienced and qualified 

scientific consultant; or 

• 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: 

• A current tribal resolution 

authorizing the proposed project; 

• A proposal describing the planned 

activities and deliverable products; and 

• 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: 


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(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 inhouse 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. 

• 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.] 

• 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. 

• Existing Information: Acknowledge 

any existing mineral exploration 

information and provide references. The 

proposed new study should not 

duplicate previous work. 

• 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: 

• Discussion of the short and long 

term benefits to the tribe; 

• Initial identification of an energy or 

mineral resource for possible 

development; 

• Additional information regarding 

the potential resource required for tribal 

decision making commitments on 

development proposals; 

• Feasibility studies and market 

analyses on resource development 

potentials; 

• Support for environmental studies; 

• Support and technical assistance as 

part of the contract negotiations process; 

• Description of the work proposed, 

and the project goals and objectives 

expected to be achieved by the proposed 

project; 

• Description of the location on the 

reservation where the work will be done 

(include relevant page size maps and 

graphs); and 

• 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 lineby-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 


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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 subfunctions. 

(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. 

• 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. 

• If a consultant is to be hired for a 

fixed fee, the consultant’s expenses 

should be itemized as part of the project 

budget. 

• 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 timedependent 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 


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12888 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices 

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. 

• 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. 

• 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. 

• 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 datestamped 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 

• 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. 

• 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. 

• 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 


PWALKER on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices 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 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Indian Gaming 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of Approved Tribal-State 

Class III Gaming Amendments. 

SUMMARY: This notice publishes 

approval of amendments to 13 Class III 

Tribal-State Gaming Compacts 

(Amendments). The 13 Class III Gaming 

Compacts are between the State of 

Arizona and each of the following 

Indian tribes, respectively: Ak-Chin 

Indian Community, Colorado River 

Indian Tribes, Cocopah Indian Tribe, 

Fort McDowell Yavapai Nation, Fort 

Mojave Indian Tribe, Havasupai Indian 

Tribe, Hualapai Indian Tribe, KaibabPaiute Indian Tribe, Navajo Nation, 

Tohono O’odham Nation, White 

Mountain Apache Tribe, YavapaiApache Tribe, and Zuni Tribe. 

DATES: Effective Date: March 25, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Paula L. Hart, Acting Director, Office of 

Indian Gaming, Office of the Deputy 

Assistant Secretary—Policy and 

Economic Development, Washington, 

DC 20240. Telephone: (202) 219–4066. 

SUPPLEMENTARY INFORMATION: Under 

section 11 of the Indian Gaming 

Regulatory Act of 1988 (IGRA), Public 

Law 100–497, 25 U.S.C. 2710, the 

Secretary of the Interior shall publish in 

the Federal Register notice of approved 

Tribal-State compacts for the purpose of 

engaging in Class III gaming activities 

on Indian lands. The approved 

Amendments are substantially identical. 

Generally, the Amendments consist of 

clarifications and minor changes to 

various sections of each tribe’s current 

compact (which are also substantially 

identical). The Amendments change the 

destination and frequency of the tribes’ 

payments from quarterly to yearly, 

based upon the individual gaming 

facility’s fiscal year. 

Dated: March 6, 2009. 

George T. Skibine, 

Deputy Assistant Secretary for Policy and 

Economic Development. 

[FR Doc. E9–6585 Filed 3–24–09; 8:45 am] 

BILLING CODE 4310–4N–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLWO35000.L14300000.ER0000.24–1A; 

OMB Control Number 1004–0153] 

Information Collection; Conveyance of 

Federally-owned Mineral Interests 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: 30-Day Notice and Request for 

Comments. 

SUMMARY: The Bureau of Land 

Management (BLM) has submitted an 

information collection request to the 

Office of Management and Budget 

(OMB) for a 3-year extension of OMB 

Control Number 1004–0153 under the 

Paperwork Reduction Act. The Bureau 

of Land Management (BLM) needs to 

collect the information in order to 

determine if surface-estate owners are 

eligible to receive title to the Federallyowned minerals lying beneath their 

land. 

DATES: The OMB is required to respond 

to this information collection request 

within 60 days but may respond after 30 

days. Therefore, written comments 

should be received on or before April 

24, 2009. 

ADDRESSES: You may submit comments 

directly to the Desk Officer for the 

Department of the Interior (OMB # 

1004–0153), Office of Management and 

Budget, Office of Information and 

Regulatory Affairs, by fax 202–395– 

7245, or by electronic mail at 

oira_docket@omb.eop.gov. 

In addition, please mail or hand-carry 

a copy of your comments to BLM 

Information Collection Clearance Officer 

(WO–630), Department of the Interior, 

1849 C Street, NW., Mail Stop 401 

LSWashington, DC 20240; or send a 

copy of your comments by electronic 

mail to jean_sonneman@blm.gov, ‘‘Attn: 

1004–0153’’. 

FOR FURTHER INFORMATION CONTACT: 

Alzata Ransom, Division of Lands, 

Realty and Cadastral Survey, at 202– 

452–7772 (Commercial or FTS). 

SUPPLEMENTARY INFORMATION: 

60-Day Notice: On September 23, 

2008, the BLM published a 60-day 

notice (73 FR 54849) requesting 

comments on the proposed information 

collection. The comment period ended 

November 24, 2008. No comments were 

received. 

Title: Conveyance of Federally-owned 

Mineral Interests (43 CFR Part 2720). 

OMB Number: 1004–0153. 

Form Numbers: Nonform information. 

Abstract: The information that is 

supplied allows the BLM to determine 

if private surface estate owners are 

eligible to receive title to the Federallyowned minerals lying beneath their 

land. 

Current Action: This proposal is being 

submitted to extend the expiration date 

of March 31, 2009. 

Type of Review: 3-year extension. 

Affected Public: Surface-estate owners 

who apply for title to Federally-owned 

minerals lying beneath their land. 

Obligation to Respond: Required to 

obtain or retain benefits. 

Application Fee per Response: $50. 

Estimated Number of Annual 

Responses: 21. 

Estimated Time per Response: 10 

hours. 


PWALKER on PROD1PC71 with NOTICES