[Federal Register Volume 76, Number 243 (Monday, December 19, 2011)]
[Notices]
[Pages 78684-78691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32363]


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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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[[Page 78685]]

SUMMARY: The Energy and Mineral Development Program (EMDP) provides 
funding to Indian 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 evaluation process to select 
several proposed projects to receive an award.

DATES: Submit grant proposals on or before March 16, 2012. We will not 
consider grant proposals received after this date.

ADDRESSES: Mail or hand-carry EMDP proposals 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, Colorado 80228. After November 30, 2011, the DEMD office will 
have a new address at 13922 Denver West Parkway, Suite 200, Lakewood, 
Colorado 80401. Applicants should also inform local Bureau of Indian 
Affairs (BIA) offices by forwarding a copy of their proposal to their 
own BIA Agency and Regional offices.
    Emailing your proposal is highly recommended this year. You may 
email your proposal to Amanda John at amanda.john@bia.gov or Amber 
Beckham at amber.beckham@bia.gov. We will respond back to you via email 
that we received your proposal and that it was readable.

FOR FURTHER INFORMATION CONTACT: If you have questions about the EMDP 
program or submission process, please contact either Amanda John, Tel: 
(720) 407-0672, email amanda.john@bia.gov or Robert Anderson, Tel: 
(720) 407-0602 or email: robert.anderson@bia.gov.
    For additional copies of the Proposal Writing Guidelines Manual, 
contact Tahnee KillsCrow at Tel: (720) 407-0655, or email: 
tahnee.killscrow@bia.gov.
    If you have technical questions about the commodity you wish to 
assess or develop, please contact the appropriate DEMD persons listed 
below:
     Mineral Projects (Precious Metals, Sand and Gravel): Lynne 
Carpenter, Tel: (720) 407-0605, email: lynne.carpenter@bia.gov, or 
David Holmes, Tel: (720) 407-0609, email: david.holmes@bia.gov;
     Conventional Energy Projects (Oil, Natural Gas, Coal): Bob 
Just, Tel: (720) 407-0611, or email: robert.just@bia.gov;
     Renewable Energy Projects (Biomass, Wind, Solar): Winter 
Jojola-Talburt, Tel: (720) 407-0668 or email: winter.jojola-talburt@bia.gov; and
     Geothermal Energy: Bob Just, Tel: (720) 407-0611, email: 
bob.just@bia.gov.
    You may also find additional information about the EMDP program 
from our Web site, such as sample proposals, sample tribal Resolutions, 
frequently asked questions, best practices for creating proposals, and 
general information about the technical assistance that the DEMD office 
can provide to tribes. To locate our Web page, navigate to the Indian 
Affairs Web site at www.bia.gov. Along the top tabs, click on the tab 
``WHO WE ARE.'' On that page, you will find a heading ``OUR 
ORGANIZATION STRUCTURE.'' Locate the ``Indian Energy and Economic 
Development (IEED)'' link and click on that. Under the ``SPOTLIGHT'' 
section there will be a new announcement titled ``Energy and Mineral 
Tribal Grant Program (EMDP).'' Clicking on that link will take to you 
to the page containing the EMDP program information.
    The full link to the same page is as follows: http://www.bia.gov/WhoWeAre/AS-IA/IEED/DEMD/TT/TF/index.htm. Copy the above link address 
and paste it into the address box on your Internet browser program.

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 IEED, through the DEMD office located in Lakewood, Colorado, 
administers and manages the EMDP program. 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 both 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).
    The 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 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 limited funds as fair and equitable as 
possible.
    The EMDP program is funded under the non-recurring appropriation of 
the BIA's 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.
    The information collection requirements contained in this notice 
have been reviewed and approved by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3504(h). The OMB 
control number is 1076-0174. The authorization expires on April 30, 
2013. An agency may not sponsor, and you are not required to respond 
to, any information collection that does not display a currently valid 
OMB Control Number.

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

1. Trust Land Status
    The EMDP funding can only be made available to tribes whose lands 
are held in trust or restricted fee by the federal

[[Page 78686]]

government. Congress has appropriated these funds for the 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 
approve projects. Tribes that expend funds on unapproved functions may 
forfeit remaining funds in that proposal year, and possibly for any 
future EMDP funding. The DEMD may also conduct a review of prior award 
expenditures before making a decision on funding current year 
proposals, and may request explanation from tribes who have outstanding 
project funds from previous years.
3. BIA Sanction List
    Tribes who are currently under BIA sanction at Level 2 or higher 
resulting from non-compliance with the Single Audit Act may be 
ineligible from being considered for an award. Tribes at Sanction Level 
1 will be considered for funding.
4. Completion of Previous Energy and Mineral Development Projects
    Generally, the DEMD will not support nor recommend additional 
funding for a new project until a previous year's project has been 
completed, documented and reviewed by the DEMD.
    However delays sometime occur that are beyond the control of the 
tribe or their consultant. These situations will be taken into 
consideration when making decisions on new EMDP awards. Examples of 
events which cause delays 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. Multiple Projects
    The DEMD will accept separate applications for multiple projects, 
even if the project concerns the same commodity. For example, the tribe 
may have a viable renewable energy resource, but needs to better define 
the resource with further exploration work or analysis. Concurrently 
the tribe also needs to evaluate the market place for selling their 
resource. In this situation, two separate proposals can be submitted 
and DEMD will apply the same objective ranking criteria to each 
proposal, although EMDP budget levels may limit the full application of 
this guideline. Contact DEMD if you have questions concerning multiple 
projects.
6. 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.
    The EMDP projects requiring funding beyond one-year intervals 
should be submitted as single-year proposals with an explanation that 
the tribe expects additional time will be required to complete the 
project and will, therefore, be submitting applications in following 
years. The DEMD will make every effort to fund a tribe's project in 
following years although there is no guarantee of EMDP awards being 
available for future years of a multi-year project due to the 
discretionary nature of EMDP award funding.
7. Use of Existing Data
    The DEMD maintains a comprehensive set of tribal data and 
information and has spent considerable time and expense in collecting 
digital land grids, geographic information system (GIS) data and 
imagery data for many reservations. Well and production data, 
geophysical data (such as seismic data), geology and engineering data, 
are all stored at DEMD's offices. All of these data sets can be made 
available to tribes or their consultants 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 still have considerable 
value. Using today's data processing and interpretation techniques, 
older data may be updated or improved, either by the DEMD or by the 
tribe's consultant.
8. 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 isobaths, 
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.
9. 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;
     Salaries or fringe benefits for tribal employees; except 
for clearly defined technical project related tasks. Salary requests 
must comply with the detailed budget component as described under 
Mandatory Component 3;
     Indirect costs as defined by the Federal Acquisition 
Regulation, and overhead;
     Purchase of equipment such as computers, vehicles, field 
gear, anemometer (Met) towers, etc. that are used to perform pre-
development activities. However, the leasing of this type of equipment 
for the pre-development activities is allowed;
     Purchasing 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

[[Page 78687]]

exploration holes for testing, sampling, coring, or temperature 
surveys);
     Legal fees;
     Application fees associated with permitting;
     Academic research projects;
     Development of unproven technologies;
     Training (for assistance on training and workforce 
development, contact IEED's Division of Workforce Development, Mr. 
Francis Dunne, at (202) 495-9843);
     Contracted negotiation fees;
     Purchase of data that is available through DEMD;
     Any other activities not authorized by the tribal 
resolution or by the award letter; and,
     Environmental Impact Studies (EIS).
10. Who Performs Energy and Mineral Development Studies?
    The tribe determines who they wish to perform the energy and 
mineral development work, such as a consultant, a private company, or 
other sources described in the list below:
     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;
     A federal government agency (such as U.S. Geological 
Survey or the U.S. Department of Energy or a state government agency 
(such as a state geological survey);
     The DEMD office, although in this case, funds would not be 
transferred to the tribe but would be obligated by DEMD.
    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, depending on the tribe's own contracting policies 
and procedures.

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

    Each tribe's application must meet the criteria in this notice. A 
complete energy and mineral development request must contain the 
following three mandatory components:
    1. A current tribal resolution authorizing the proposed project;
    2. A proposal describing the planned activities and deliverable 
products; and,
    3. A detailed budget estimate.
    Any funding request that does not contain all of the mandatory 
components will be considered incomplete and will be returned to the 
tribe with an explanation. The tribe will then be allowed to correct 
all deficiencies and resubmit the proposal for consideration on or 
before the deadline.
    This year there will be a page limit restrictions on proposal 
components. However the applicant will be allowed (and encouraged) to 
make use of appendices. Brevity of the proposal's proposal and 
statement of work will assist reviewers and DEMD staff in dealing 
effectively with proposals. Therefore the project proposal, statement 
of work and description of deliverable products may not exceed 20 
pages. Visual materials, including charts, graphs, maps, photographs 
and other pictorial presentations are included in the 20-page 
limitation.
    However an application may use appendices for the following types 
of discussions:
     Use an appendix for the overview of a tribe's history; 
location, government structure, population makeup, etc.
     Use an appendix to document previous work that has been 
performed concerning this proposal, including any work that was done 
under a previous EMDP grant.
     Use an appendix to expand on particular technical 
technologies or methodologies that will assist DEMD reviewers to gain a 
better understanding of these methods.
    A detailed description of each of the required components follows.
1. Mandatory Component 1: Tribal Resolution
    The tribal resolution must be current, signed, and on tribal 
letterhead. 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. However the resolution should not specify a 
starting date for the project. The tribal resolution must include:
    (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., by DEMD in-house professional staff 
only, by DEMD staff in conjunction with tribal professional staff, by 
private contractors or consultants, or through other acceptable means).
    It is highly recommended that the following paragraphs also be 
included:
    (d) A statement that the tribe will consider public release of 
information obtained from the energy and mineral development study. 
(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. It does not mean providing copies 
of the data or reports to any individual, private company or other 
government agency without express written permission from the tribal 
government.)
    (e) We recommend that language also be inserted stating that the 
tribe requests and authorizes any resultant P.L. 93-638 contract 
(unless the tribe is a self-governance tribe), as this will expedite 
the process of the tribe entering into a 93-638 contract and receiving 
their funds more promptly. This is only a suggestion and up to the 
tribe to insert such language.

    Note: Any information in the possession of DEMD or submitted to 
DEMD throughout the EMDP process, including the final energy and 
mineral development study, constitutes 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 
this information, it will follow the procedures in 43 CFR Part 2.

2. Mandatory Component 2: Energy and Mineral Development Proposal
    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 the ADDRESSES section of this 
notice. The request should be made as early as possible to give DEMD 
time to provide 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 is no

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longer than one page. The summary should include the following:
     Elements of the proposed study;
     Reasons why the proposed study is needed;
     Total requested funding; and,
     Tribal project lead and tribal contact.
    (b) Project Objective and Technical Description, Scope of Work: 
Provide a 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 that 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 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 Culturally 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 Environmental Assessment phase of 
the proposed project.
     Describe why the tribe needs the proposed energy and 
mineral development. Discuss the short and long term benefits to the 
tribe.
     Describe the work being proposed, project goals and 
objectives expected to be achieved by the proposed project.
     Describe the location on the reservation where the work 
will be done. Include relevant page size maps and graphs.
     Provide a detailed description 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.
    (c) 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 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.
    (d) Resumes of Key Personnel: If the tribe is using a consultant's 
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 testing fees, travel and all other relevant project expenses. 
Preparation of the budget portion of an EMDP proposal should be 
considered a top priority. The 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 (staff-
hour) allocations for the proposed functions of a project.
     Personnel funded under the P.L 93-638 Energy and Mineral 
Development Program 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, how 
the consultant(s) are to be used, and a line item breakdown of costs 
associated with each consultant activity.
    (b) Travel Estimates: Estimates should be itemized by airfare, 
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. The DEMD will return proposals that are submitted without the 
digital components.
    Acceptable formats are Microsoft Word and Adobe Acrobat PDF. 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 in preparing the documents (e.g., doc, docx, 
.pdf). Documents that require an original signature, such as cover 
letters, tribal resolutions and other letters of tribal authorization 
can be scanned and submitted electronically.
    The files can be copied to compact disk (CD or DVD) and mailed, 
although a more preferable method is to email the complete application. 
The DEMD will immediately respond back that the application was 
received and was readable. The budget should be in table format which 
is recommended to be in Microsoft Excel.
    Emails of projects proposals, budget and tribal resolution should 
be sent to both Amanda John (amanda.john@bia.gov) and Amber Beckham 
(Amber.Beckham@bia.gov).
    If you have any additional questions concerning the Energy and 
Mineral Development Program proposal submission process, please contact 
Amanda John at (720) 407-0672 or Amber Beckham at (720) 407-0692.

[[Page 78689]]

E. Application Evaluation and Administrative Information

1. Administrative Review
    Upon receiving an application, DEMD will perform a preliminary 
review of the proposal to determine whether it contains the prescribed 
information, includes a tribal resolution, and contains sufficient 
technical and scientific information to permit an evaluation, and does 
not duplicate or overlap previous or current funded EMDP projects.
    The DEMD staff may return an application that 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 DEMD Review and Ranking 
Panel using the six criteria described below. Each criterion has a 
weight percent which is used to determine a final score.
    (a) Resource Potential; Weight = 10%. If the resource is determined 
not to exist on the reservation, then the proposal 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 non-reservation 
lands may allow for a scientifically acceptable projection of favorable 
trends for energy or mineral occurrences on adjacent Indian lands.
    For renewable energy proposals, this factor applies to conditions 
favorable for the economic development of the renewable energy source 
being studied.
    Examples of types of questions that the DEMD ranking panel will be 
analyzing in their review include: Based on your own knowledge or 
investigations, does the resource exist on or adjacent to the 
reservation? Does the application adequately describe the existence of 
the resource being present on or near the reservation, providing ample 
supporting technical evidence to support this?
    (b) Marketability of the Resource; Weight = 15%. Reviewers will 
base their scoring on both the short- and long-term market conditions 
of the resources. Reviewers are aware that marketability of an energy 
or mineral commodity depends upon existing and emerging market 
conditions. Industrial minerals such as aggregates, sand/gravel and 
gypsum are dependent on local and regional economic conditions.
    Precious and base metal minerals such as gold, silver, lead; copper 
and zinc are usually more dependent upon international market 
conditions. Natural gas and coal bed methane production depends upon 
having relatively close access to a transmission pipeline, as does 
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.
    Examples of the types of questions that the DEMD ranking panel will 
be analyzing in their review include: Does the application describe an 
existing or potential market for the commodity in the area? Is the 
product suitable for the area or region? Does the tribe have a 
realistic plan to market this resource? Is the end product that the 
tribe wants to market commercially viable?
    (c) Economic Benefits Produced by the Project; Weight = 25%. This 
year there will be greater emphasis on funding projects that would have 
an impact on tribal jobs and income. To receive a high score for this 
ranking criterion, the proposal should clearly state how the project 
would achieve this result. If the project indirectly creates economic 
benefits, for example applying royalty income from oil and gas 
productions to create other tribal businesses, that would satisfy this 
criterion. Whatever the commodity being studied, the ultimate goal is 
to collect useful data and information that allows the tribe to 
stimulate development on their lands. This might occur with industry 
partners or the tribe may develop the resource themselves.
    Examples of the types of questions that the DEMD ranking panel will 
be analyzing in their review include: Are the economic goals and 
objectives of the project explained in the proposal? Does the proposal 
quantify the economic benefits (e.g., revenue, royalty income, number 
of jobs) that would result from completion of the project?
    (d) Tribes' Willingness to Develop and Commitment to the Project; 
Weight = 20%: 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 on whether to develop will always lie 
with the tribe. The willingness-to-develop statement should 
sufficiently explain how the tribe intends to accomplish this task. 
DEMD will also evaluate willingness to develop based upon the tribe's 
willingness to release energy or mineral data to potential developers.
    Concerning the tribe's commitment to the project, the tribe should 
explain how it will participate in the study, such as by appointing a 
designated lead and contact person (especially a person with some 
knowledge of the technical aspects of the projects, and direct contact 
with the tribe's natural resource department and tribal council), to be 
committed to the successful completion of the project.
    If the tribe has a strategic plan for development, this should be 
discussed in the proposal. A strategic plan outlines objectives, goals, 
and methodology for creating sustainable tribal economic development. 
The proposal should also explain how the

[[Page 78690]]

tribe's EMDP proposal fits within that strategic plan.
    Examples of the types of questions that the DEMD ranking panel will 
be analyzing in their review include: Does the proposal explain how the 
tribe is committed to the project? Has the tribe appointed a designated 
lead or contact person within the tribe to serve as the project 
administrator (project champion)? Does the tribe have an existing 
strategic development plan and/or plan of action that includes the 
economic development of energy or mineral resources (plan of action 
could include: establishment of an energy task force/committees, 
resolutions, energy office, etc.)? Is the willingness to develop the 
resource clearly stated in the tribal resolution (is the full council 
on board with development)? Has the proposal clearly described the 
tribe's willingness to develop? Is the tribe willing to release non-
proprietary data to potential developers or partners? Is the tribe's 
current business environment conductive to development?
    (e) Budget Completeness, Cost Reasonableness, Cost Realism and 
Detail; Weight = 15%: The submitted budget should be evaluated as to 
the reasonableness and appropriateness of the costs for each line item, 
and the relationship to achieving the project's stated goals and 
objectives.
    Examples of the types of questions that the DEMD ranking panel will 
be analyzing in their review include: Does the budget comply with 
Mandatory Component 3 (Detail Budget Estimate) from the guidelines? Is 
the budget detailed enough to explain how funds are to be allocated? 
Are line item budget numbers appropriate and reasonable to complete the 
proposed tasks?
    (f) Appropriateness of the Technical Proposal and Statement of 
Work; Weight = 15%: The submitted application should address all the 
elements listed as Mandatory Component 2 in the guidelines from this 
Federal Register solicitation, and be technically clear to understand.
    Examples of the types of questions that the DEMD ranking panel will 
be analyzing in their review include: Does the proposal address all of 
elements listed as Mandatory Component 2 in the guidelines from the 
Federal Register solicitation? Is the technical proposal clear to 
understand and adequately written? Are the techniques and methodologies 
being applied technically reasonable and follow best practices? Does 
the technical proposal adequately explain how the techniques and 
methods to be used in the project would meet the goals and objectives 
of the proposal?
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 
section. The DEMD will then forward the rated requests to the Director 
of IEED 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 
to the tribal leader. Those tribes not receiving an award will also be 
notified immediately in writing to the tribal leader.

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.

G. Where To Submit

    Submit the energy and mineral development proposals to DEMD at the 
address listed in the ADDRESSES section of this notice. Applicants 
should also forward a copy of their proposal to their own BIA Agency 
and Regional offices.
    However, DEMD asks that tribes or consultants do not send the 
entire proposal via fax, as this severely overloads DEMD's fax system.
    The 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

    The 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 
anticipate the transfer and be in contact with budget and self 
determination personnel 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 if 
necessary (unless the tribe is a self-governance tribe).

I. Reporting Requirements for Award Recipients

1. Quarterly Reporting Requirements
    During the life of the EMDP project, quarterly written progress and 
financial status 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 status report can be a one- to two-page summary of 
events, accomplishments, problems and results that took place during 
the quarter. Quarterly reports are due 2 weeks after the end of a 
project's fiscal quarter. The financial status information is reported 
via a SF169A or SF425.
    Applicants should also forward a copy of their reports to their own 
BIA Agency and Regional offices for which the 638 contract exists. 
Additionally, the BIA Agency and Regional office may have reporting 
requirements in the 638 contract which may or may not correspond with 
DEMD's EMDP reports which must still be in compliance.
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 2 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 Microsoft Word or Adobe Acrobat 
PDF format. Spreadsheet data can be provided in Microsoft Excel, 
Microsoft Access, or Adobe PDF formats. All vector figures should be 
converted to PDF format. Raster 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, it 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 printed 
and six digital copies to be distributed as follows:

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    (a) The tribe will retain 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. The DEMD will transmit one of these copies to the 
tribe's BIA Regional Office, and one copy to the 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 belong to the tribe and 
cannot be released to the public without the tribe's written approval. 
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 (including tribal 
commitment), 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 to DEMD's 
Division Chief well in advance of the proposal deadline established in 
the DATES section of this solicitation to allow DEMD staff time to 
provide the appropriate assistance. Tribes not seeking technical 
assistance should also attempt to submit their EMDP proposals well in 
advance of the deadline to allow DEMD staff time to review the 
proposals for possible deficiencies and allow time to contact the tribe 
with requests for revisions to the initial submission.

    Dated: December 5, 2011.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.
[FR Doc. 2011-32363 Filed 12-16-11; 8:45 am]
BILLING CODE 4310-4M-P