[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Notices]
[Pages 77155-77161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30282]
[[Page 77155]]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[134D0102DRDS5B800000DR.5B811.IA000913DLB000000.000000]
Grant Program To Assess, Evaluate, and Promote Development of
Tribal Energy and Mineral Resources
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Solicitation of Proposals.
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SUMMARY: The Secretary of the Interior, through the Office of Indian
Energy and Economic Development (IEED), solicits grant proposals from
federally recognized Indian tribes and tribal energy resource
development organizations for projects that promote processing, use, or
development of energy and mineral resources on Indian lands. Grant
awards are subject to the availability of funds as appropriated by
Congress. Awards must be used by an Indian tribe to develop a tribal
energy and mineral resource inventory, a tribal energy and mineral
resource on Indian land, or a report necessary to develop energy and
mineral resources on Indian lands.
DATES: Submit grant proposals on or before February 18, 2014. We will
not consider grant proposals received after this date.
ADDRESSES: Email your proposal to [email protected]. We will
respond to you via email if we receive your proposal and it is
readable. If you cannot email your EMPD proposal, then mail or hand-
carry it to the Department of the Interior, Division of Energy and
Mineral Development, Attention: Energy and Mineral Development Program,
c/o Dawn Charging, 13922 Denver West Parkway--Suite 200 (253),
Lakewood, Colorado 80401-3142.
FOR FURTHER INFORMATION CONTACT: If you have questions about the
application process, please contact Dawn Charging, telephone 720-407-
0652 or email [email protected].
If you have technical questions about the energy and mineral
resources you wish to assess, evaluate or promote, please contact the
appropriate representatives listed below:
Mineral Projects (Precious Metals, Sand and Gravel): Lynne
Carpenter, telephone 720-407-0605, email: [email protected], or
David Holmes, telephone 720-407-0609, email: [email protected]
Conventional Energy (Oil, Natural Gas, Coal): Bob Just,
telephone 720-407-0611, email [email protected]
Renewable Energy (Biomass, Wind, Solar): Jennifer Reimann,
telephone 720-407-0669, email [email protected]
Geothermal Energy: Bob Just, telephone 720-407-0611, email
[email protected]
On-Line Information: There is additional information about EMDP
grants on our Web site, http://www.bia.gov/WhoWeAre/AS-IA/IEED/DEMD/TT/TF/index.htm. There you will find sample proposals, sample Tribal
resolutions, frequently asked questions, best practices for creating
proposals, and general information about technical assistance, which
DEMD can provide upon request.
SUPPLEMENTARY INFORMATION:
A. Background
B. Items To Consider Before Preparing an Application for an Energy
and Mineral Development Program 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 Funding and Transfer of Funds
I. Reporting Requirements for Award Recipients
J. Requests for Technical Information
K. Paperwork Reduction Act Statement
A. Background
The Energy Policy Act of 2005 (25 U.S.C. 3501 et seq.) requires the
Secretary to, ``establish and implement an Indian energy resource
development program to assist consenting Indian tribes and tribal
energy resource development organizations.'' It also requires the
Secretary to, ``provide grants to Indian tribes and tribal energy
resource development organizations for use in carrying out projects to
promote the integration of energy resources, and to process, use, or
develop those energy resources, on Indian land[hellip].''
IEED, through the Division of Energy and Mineral Development (DEMD)
office in Lakewood, Colorado, administers the Energy and Mineral
Development Program (EMDP) program. This solicitation seeks proposals
for energy and mineral development projects that explore for energy and
mineral resources, inventory or assess known resources, or perform
feasibility or market studies that tend to promote the use and
development of known energy and mineral resources.
Energy and mineral resources may include conventional energy
resources (e.g., oil, gas, coal, uranium, and coal bed gas) or
renewable energy resources (e.g., 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). We want to encourage energy resource
development for the nation as a whole, and at the same time help tribes
achieve economic benefits from their energy resources. We seek to
expand not only tribal knowledge of their energy resources, but the
ability yo bring those resources to market in an environmentally
acceptable manner.
In past years, we have received more EMDP grant proposals than we
could fund that year. Therefore, we have applicants compete for
funding, and DEMD then awards funds to a limited number of the best
proposals. The DEMD has established ranking procedures with defined
criteria for rating proposal merits so that awards are as fair and
equitable as possible.
EMDP grants are based on non-recurring appropriations in the
Federal budget. These funds are provided on a year-to-year basis, and
may or may not be provided in future years.
B. Items To Consider Before Preparing an Application for an Energy and
Mineral Development Program Grant
1. Indian Tribe
The term Indian tribe for purposes of EMDP energy grants under the
Energy Policy Act of 2005 means any Indian tribe, band, nation, or
other organized group or community, including any Alaska Native village
or regional or village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43
U.S.C. 1601 et seq.], which is recognized as eligible for the special
programs and services provided by the United States to Indians because
of their status as Indians;
The term ``Indian tribe'' for purposes of EMDP grants for mineral
development under the Snyder Act means an Indian tribe under section
102 of the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 479a).
2. Tribal Energy Resource Development Organization
The term tribal energy resource development organization for
purposes of EMDP energy grants under the Energy Policy Act of 2005
means an organization of two or more entities, at least one of which is
an Indian tribe, that has the written consent of the governing bodies
of all Indian tribes participating in the organization to apply for a
grant, loan, or other assistance under 25 U.S.C. 3502.
[[Page 77156]]
3. Indian Land
The term Indian land for the purposes of EMDP energy grants under
the Energy Policy Act of 2005 means--
(a) Any land located within the boundaries of an Indian
reservation, pueblo, or rancheria;
(b) any land not located within the boundaries of an Indian
reservation, pueblo, or rancheria, the title to which is held--
(i) In trust by the United States for the benefit of an Indian
tribe or an individual Indian;
(ii) by an Indian tribe or an individual Indian, subject to
restriction against alienation under laws of the United States; or
(iii) by a dependent Indian community; and
(c) land that is owned by an Indian tribe and was conveyed by the
United States to a Native Corporation pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), or that was conveyed by
the United States to a Native Corporation in exchange for such land.
The term ``Indian land'' for purposes of EMDP grants for mineral
development under the Snyder Act means any tract, or interest therein,
in which the mineral estate is owned by one or more Indian tribes in
trust or restricted status.
4. Tribes' Compliance History
DEMD will monitor all EMDP grant awards for statutory and
regulatory compliance. Tribes that misuse funds may forfeit remaining
funds in that and future EMDP years. DEMD may review the use of any
prior awards before deciding to fund current year proposals, and may
request explanation from tribes with outstanding project funds from
previous years.
5. BIA Sanctions List
Tribes who are currently under BIA sanction at Level 2 or higher
resulting from non-compliance with the Single Audit Act are ineligible
for a EMPD grant award. Tribes at Sanction Level 1 will be considered
for funding.
6. Completion of Previous Energy and Mineral Development Projects
DEMD will not usually consider additional funding for a new EMDP
project proposal until any previous year's EMPD project from the same
applicant is complete and documented. We do understand, however, that
delays beyond the control of the applicant sometimes occur. DEMD will
consider any explanation provided in conjunction with a new EMDP grant
proposal. For instance, if previous year grant funds were seriously
delayed through no fault of the applicant, and the prior project is not
yet complete for that reason, DEMD would probably not reject a new EMPD
grant proposal on that basis.
7. Multiple Projects
DEMD will accept separate applications for multiple projects, even
if the project concerns the same energy and mineral resource. For
example, a tribe may have a known energy and mineral resource, but need
to better define it with further exploration work or analysis. The
tribe may also need to conduct a market analysis or feasibility study
to understand the economics of bringing that resource to market. In
this situation the applicant could submit two separate proposals. The
DEMD will apply the same objective ranking criteria to each proposal,
although EMDP budget levels may limit what, if anything, either or both
proposals might be awarded. Contact DEMD if you have questions
concerning multiple projects.
8. Multi-Year Projects
We cannot commit to awarding multi-year funding for a project. EMDP
funding is subject to annual appropriations by Congress, so DEMD can
only fund single-year projects.
EMDP projects requiring funding beyond a single year should be
submitted as a single-year proposal with an explanation that the
applicant expects additional time will be needed to complete the
project and will therefore submit other applications in following
years, to the extent EMDP grants are available. The DEMD will try to
fund worthy EMDP projects over multiple years, but there is no
assurance EMDP grant funds will be available in future years, or that a
multi-year project will be selected again in future years, given DEMD's
awarding discretion.
9. Use of Existing Data
DEMD maintains extensive data and information on tribal energy and
mineral resources, including digital land grids, geographic information
system (GIS) data, and imagery data for many reservations. The DEMD can
often help with common requests such as well and production data,
geophysical data (including seismic data), geology and engineering
data. Ask and you may find that DEMD already has, or can get, much of
the data you need at its offices, thereby reducing the anticipated cost
of your project.
Correspondingly, DEMD will not allow budget line items for securing
data or products already available at DEMD. Check first if DEMD does
not have a particular data set, then EMDP funds may be used to acquire
such data.
There may also be other places an applicant can secure existing
data, thereby avoiding some or all of the cost of securing new data.
Before submitting a EMDP proposal that includes acquiring new data,
applicants should search thoroughly for preexisting data. Even older
data may still have considerable value. Modern data processing and
interpretation techniques may allow for updating or improving older
data. Applicants should look into this possibility with DEMD staff or
with a reputable consultant.
10. Using Technical Services at DEMD
DEMD offers tribes many in-house technical capabilities and
services at no charge Tribes can maximize the value of EMDP projects by
fully using DEMD's services, or by using DEMD services in conjunction
with reputable consultants. Services at DEMD include:
Searching nearby reference materials for technical
literature on previous investigations and work performed in and around
reservations, 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.
11. What the Energy and Mineral Development Program Cannot Fund
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
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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 (FAR), and overhead;
Purchasing equipment such as computers, vehicles, field
gear, anemometer (Met) towers, and the like, to perform pre-development
activities. However, we do allow leasing these types of equipments for
pre-development activities;
Purchasing or leasing equipment to develop energy and
mineral resources, such as well drilling rigs, backhoes, bulldozers,
cranes, trucks, etc.;
Drilling wells for the sale of hydrocarbons, geothermal
resources, other fluid or solid minerals. Funds may be used for
drilling exploration holes for testing, sampling, coring, or
temperature surveys;
Legal fees;
Application fees associated with permitting;
Academic research projects;
Development of unproven technologies;
Training;
Contracted negotiation fees;
Purchase of data available through DEMD;
Environmental Impact Studies (EIS); and
Any other activities not authorized by the tribal
resolution or by the award letter.
12. Performance of EMDP Projects
At the applicant's discretion, EMDP projects can be performed a
number of ways, including by--
Qualified tribal personnel;
A Federal government agency (such as DEMD, the U.S.
Geological Survey, or the U.S. Department of Energy (DOE));
A State government agency (such as a State geological
survey);
One or more qualified consultants; or
A private company or firm.
We place no requirements or restrictions on how an applicant may
contract with outside parties to perform EMDP functions, except that
the applicant must adhere to its own contracting policies and
procedures, such as applicable tribal laws. In addition, applicants
should avoid EMDP projects that place inexperienced personnel in key
positions or create or continue conflicts of interest, such as having a
resource assessment performed by an outside company that is also
competing for development rights in the resource being studied.
C. How To Prepare an Application for Energy and Mineral Development
Funding
A complete EMDP grant proposal must contain each of the following
mandatory components (described in detail below):
1. A current tribal resolution authorizing the proposed project;
2. A proposal describing the planned activities and deliverable
products;
3. A detailed budget estimate; and
4. A designated project lead person, authorized to make decisions.
A funding request that does not contain all of these mandatory
components will be considered incomplete and returned to the tribe with
an explanation. An applicant whose proposal is returned for this reason
will be allowed to address the incompletion and resubmit for
consideration, provided all issues are addressed before the application
deadline listed under DATES, above.
Further description of these mandatory components is as follows:
1. Mandatory Component 1: Tribal Resolution
(a) EMDP Energy Grants:
(i) Tribal application: If a tribe is applying, a tribal resolution
must be current, signed, and on tribal letterhead.
(ii) Tribal Energy Resource Development Organization application:
the organization must be comprised of two or more entities, at least
one of which is an Indian Tribe, that has the written consent of the
governing bodies of all Indian Tribes participating in the organization
to apply for a grant or other assistance. The tribal resolution must
specify the fiscal year for which the EMDP project and grant proposal
are intended.
(b) EMDP Mineral Grants:
EMDP grants for mineral development under the Snyder Act means any
tract, or interest therein, in which the mineral estate is owned by one
or more Indian tribes in trust or restricted status. The tribe applying
must submit a current tribal resolution, signed, and on tribal
letterhead.
Tribal resolutions should not specify a starting date for the
project to avoid complications in the event of funding delays or
similar contingencies. Each tribal resolution must include:
A description of the energy and mineral resource to be
studied;
A statement that the tribe is willing to consider
developing any potential energy and mineral resource discovered; and
A statement describing how the tribe wishes to have the
EMDP project performed (i.e., by whom);
We also recommend including in the resolution, a statement to the
effect that the tribe will consider public release of information
obtained from the EMDP project. By this, we mean summary information
suitable for publications, press releases, or presentation at
government or private meetings and conferences. We do not mean
providing copies of detailed proprietary data or reports to any
individual, private company or government agency without the tribe's
written permission.
Note: Any information in the possession of DEMD or submitted to
DEMD throughout the EMDP process, including final work product,
constitute as 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. Applicants may, but are
not required to, designate submitted information in connection with
the EMDP as confidential commercially or financially sensitive
information, as applicable. That may help DEMD shield such
information from FOIA disclosure under the procedures described in
43 CFR part 2.
2. Mandatory Component 2: EMDP Proposal
EMDP grant proposals must be as brief and clear as possible, with a
project proposal, statement of work, and description of deliverable
products not to exceed 20 letter-sized pages. Visual materials,
including charts, graphs, maps, photographs and other pictorial
presentations are included in the 20-page limit.
While the EMDP grant proposal itself is limited to 20 pages, an
applicant may use appendices for supplemental materials, such as:
An overview of a tribe's history, location, government
structure, population makeup, etc;
Descriptions of previous work performed relating to the
EMPD grant proposal, including work done under any previous EMDP grant
award; and/or
Further detail on technologies or methodologies in the
proposal with which DEMD reviewers may be unfamiliar.
Tribes that do not have a staff geoscientist or private consultant
available to prepare the technical part of an EMDP grant proposal may
contact DEMD for guidance. Since DEMD will be reviewing EMDP grant
proposals, there are limits to what DEMD staff can do to help in
preparing a proposal. However, DEMD can assist in identifying outside
companies or consultants to assist Tribes. If needed, contact DEMD as
indicated in the
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ADDRESSES section of this notice. Make requests as early as possible to
give DEMD time to help well before the application deadline.
The EMDP proposal should include the following sections:
(a) Overview and Technical Summary of the Project: Prepare a brief
overview of the proposal, no longer than one page. Include:
Elements of the proposed project;
Reasons for the project;
Total funding requested; [and]
EMDP project lead (authorized to make decisions) and an
applicant contact (whether the same or different from the project
lead).
(b) Project Objective and Technical Description, Scope of Work: To
the extent possible--
Identify the resource to be examined, such as particular
oil or gas deposit, or the regional market for the use of wind power.
If the energy and mineral resource is known to exist or is
being produced nearby, discuss the possible extension or trend of the
deposit onto the Indian lands identified in the proposal.
Describe the location on Indian lands where the energy and
mineral resource is located, and where the project is to be performed.
Include relevant page size maps and graphs.
Describe any existing energy and mineral resource
information pertinent to the application and provide references. The
proposal should not seek to create data or information already in
existence.
Describe whether the project is new or builds on previous
work that is partially complete. Explain how the project is phased, how
long it is expected to take through completion, and what element the
current project is intended to satisfy. Note: EMDP grant funding is
appropriated annually. There is no guarantee that funding for a multi-
stage project will be available or awarded from one fiscal year to the
next.
Describe whether the project proposal involves work or
resources located in an archeological, environmentally or culturally
sensitive area. The applicant must cooperate with DEMD when considering
and addressing any such concerns.
Describe the tribe's motivation to develop the proposed
energy and mineral resource, including any short and long term benefits
to the tribe.
Describe the project goals and objectives.
Provide a detailed description of the scope of work and
explain the selection of the proposed methodology. For example, if the
project involves a geochemical sampling survey, explain how and why the
applicant decided upon the quantity samples to be obtained, what type
of sampling to target, the soil horizons to be tested, the general
location of sampling, how the samples are to be analyzed, and why the
applicant chose geochemistry as its exploration technique. Furnish
similar explanations and details for geophysics, geologic mapping, core
drilling, or any other type of assessment planned.
(c) Deliverable Products: Describe all deliverable products the
proposed EMDP project is to generate, including all technical data to
be obtained during the study. Describe any maps to be generated and how
they will help define energy and mineral resource potential. Discuss
the content of any planned status reports as well as the final EMDP
project report.
(d) Resumes of Key Personnel: Provide the resumes of key personnel
intended to perform EMDP project work and the nature of their
involvement, including their relationship to the applicant as tribal
staff, consultant, subcontractor, etc.
3. Mandatory Component 3: Detailed Budget Estimate
The EMDP budget must be sufficiently detailed for DEMD staff to
gain a reasonable understanding of all elements of the project
proposal, plus the relative emphasis placed on each element. Budget
details should reflect all reasonably anticipated costs and
contingencies, be internally consistent with the rest of the proposal,
and allow the review panel to analyze the benefit of all project
components. The budget breakdown and organization must indicate that
the EMDP project proposal has been closely considered, and would
neither waste funds nor fail to support important project elements.
If the EMDP proposal has distinct phases or elements handled by
different persons at different times, or discrete categories of expense
that can be helpful to break out, budget organization should present
sub-budgets or summaries that emphasize those phases, elements or
categories. For instance, contract and consulting fees, fieldwork, lab
and testing fees, travel and similar categories of expense should be
grouped in a budget summary, even if they would not occur sequentially
as the project proceeds, so that reviewers can evaluate the overall
reasonableness of these expenses against the value of the EMDP proposal
as a whole.
In particular, a well-presented budget will clearly show the
following:
(a) Contracted Personnel Costs. All contracted personnel and
consultants must be identified in the budget, along with their
respective positions and the hours allocated for their proposed
function(s).
The function and qualifications of any consultant or
contracted personnel must be clearly identified in Mandatory Component
2: EMDP Proposal.
If hired for a fixed fee, the contracted personnel's or
consultant's expenses should be itemized as part of the project budget.
If not hired for a fixed fee, provide the estimated cost
of their activities and the basis of that estimate.
(b) Travel Estimates. Provide estimates for airfare, vehicle
rental, lodging, and/or per diem, based on the current Federal
government per diem schedule for the applicable region of the country
and time of travel.
(c) Data Collection and Analysis Costs. Itemize these costs in
sufficient detail for reviewers 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. Separately identify computer or equipment
rental, report generation, drafting, advertising, and similar costs for
the proposed project.
4. Mandatory Component 4: Representative Contact Information
The EMDP grant proposal must identify a representative to oversee
the project work, make authorized decisions during the course of the
project, and be responsible for submitting quarterly and final progress
reports, plus financial status reports, as discussed later in this
announcement.
Include the following contact information:
Name of applicant representative;
Mailing address;
Telephone number;
Fax number (if computer-based document transmission is
unavailable, or simply as a back-up method of communication);
Email address; and
If different from the project's authorized representative,
also provide similar information for a primary contact responsible for
communications regarding the EMDP grant proposal.
D. Submission of Application in Digital Format
Submit the entire EMDP grant proposal, including the budget, in
digital form. Unless specifically approved in advance by DEMD,
applicants should break down the application submission into three
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separate files: (1) EMDP Proposal (including the project's
representative contact information); (2) Tribal Resolution; and (3)
Budget.
Proposals not provided in digital form will be considered
incomplete. An applicant who is unable to submit its proposal
electronically may copy its files to a compact disc (CD or DVD) and
mail it.
Acceptable formats are Adobe Acrobat PDF and Microsoft Word and
Excel. The budget should be in table format, preferably Microsoft
Excel. Files must have descriptive file names to help DEMD quickly
locate specific components of the proposal, and use file name
extensions that clearly indicate the software application used to
prepare 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.
E. Application Evaluation and Administrative Information
1. Administrative Review
Upon receiving an EMDP grant proposal, DEMD will perform a
preliminary review to determine if it contains the four mandatory
components, appears to have enough technical and scientific information
to permit an evaluation, and does not duplicate or overlap previous or
currently funded EMDP projects.
DEMD staff may return a proposal that it deems incomplete, or in
appropriate circumstances it may retain the proposal and request
additional information.
2. Ranking Criteria
A DEMD panel will review and rank each complete EMDP grant proposal
using these six weighted criteria:
(a) Resource Potential, Weight = 10%. If DEMD determines the energy
and mineral resource does not exist in meaningful quantities on the
Indian lands indicated by the proposal, based on both information
provided by the applicant and databases maintained by DEMD, the
proposal will be rejected. Thus, in cases of doubt, it is critical to
provide all pertinent information needed to help convince the panel
that the identified energy resource actually does exist in meaningful
quantities. DEMD understands that many tribes and tribal energy
resource development organizations have little energy and mineral
resource data on their Indian lands, and that in some cases resource
data does not exist. Geologic and historical energy and mineral
resource data exist throughout most of the continental U.S. on lands
surrounding Indian lands, however, and can provide meaningful evidence
of their likelihood in the applicant's region.
Many times a producing energy and mineral deposit exists outside
but near a reservation's boundary. The geologic setting containing the
resource may extend onto the reservation, regardless of the
reservation's size. This would suggest the 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 and mineral occurrences on adjacent
Indian lands. Similar projections can be made for other kinds of energy
resources as well, including renewable energy.
Assuming that the panel is convinced the resource is most likely
available, it next must believe that there is enough of it to consider
developing. It is on this point that the panel will rate the proposal
from a low of 0% to a high of 10%. Consider that the DEMD ranking panel
will be asking questions during its review such as: Does the proposal
adequately identify or predict the existence of a meaningful level of
the resource on or near the reservation, and provide enough supporting
technical evidence?
(b) Marketability of the Resource, Weight = 15%. Reviewers will
base their scoring on both the short- and long-term market conditions
for developing the resource in question. Reviewers are aware that
marketability of an energy resource 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, for
instance, just as does renewable energy depends in large part on access
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 understand the dangers of making long-term energy
resource market forecasts, so a good EMDP grant proposal should
directly and candidly address that sort of uncertainty. Also, short-
term forecasts may indicate an oversupply from both national and
internationally developed properties, thus impacting production
strategy. Commodities such as electricity may be in high demand in some
regional sectors, but the current state of transmission infrastructure
may not allow for an additional supply of kilowatts, thereby hindering
an otherwise promising market opportunity. These factors should be
considered in a competitive EMDP grant proposal.
Conversely, some market indicators may suggest improving markets
and opening opportunities. Price history, prices from the futures
markets, oil and gas rig counts, supply shortages, foreign political
unrest, technological innovation and the like, may suggest favorable
circumstances that the applicant reasonably believes will work in their
favor. Do not leave promising and reasonably predictable factors out of
your EMDP grant application.
Consider that DEMD's ranking panel will be asking questions during
its review such as: Does the application describe an existing or
potential market for its energy and mineral resource? Is the product
suitable for that area or region? Does the applicant have a realistic
marketing plan?
(c) Economic Benefits Produced by the Project, Weight = 25%. This
year we will emphasize funding projects with a positive impact on
tribal jobs and income. To receive a high score for this ranking
criterion, the proposal should clearly state how the project would
benefit, not only the local tribal economy, but tribal employment rates
and personal income too. There may be direct employment that developing
the energy and mineral resource would foster; by all means mention
that. But even if the project would only encourage more employment
indirectly, for instance when oil and gas production royalties are used
to create other spin-off tribal businesses, the applicant should
indicate reasonable projections for that phenomenon in its proposal.
Whatever the energy and mineral resource project may be, the ultimate
goal is to collect useful data and information that allows the
applicant to stimulate both energy and mineral and economic development
on their lands.
Consider that DEMD's ranking panel will be asking questions during
its review such as: Are the economic goals and objectives of the
project fully explained? Does the proposal quantify the economic
benefits (e.g., revenue,
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royalty income, number of jobs, increased income levels, etc.) that
would result from project completion?
(d) Applicant's Willingness to Develop and Commitment to the
Project, Weight = 20%. The tribal applicant, or the tribes
participating in a tribal energy and mineral resource development
organization, must be willing to consider developing any potential
resource identified in the EMDP grant proposal. Note that this is not a
commitment to develop the resource, just an assertion that the
applicant is committed to the goals of the EMDP and seriously willing
to consider developing the resource. Another way to put this is that
the applicant does not submit its EMDP grant proposal knowing, in
advance, that it is unlikely for any number or reasons to ever develop
its energy and mineral resource. The decision on when and whether to
develop its energy and mineral resources will always lie with tribal
government. At the same time, however, we want to make wise use of
limited EMDP grant funds. The willingness-to-develop statement should
sufficiently explain the applicant's attitude towards developing its
energy and mineral resource and its commitment level. DEMD will also
evaluate an applicant's willingness to develop based upon its
willingness to release energy and mineral data to potential developers
(assuming the applicant does not have sufficient in-house expertise to
undertake development on its own).
Concerning the applicant's commitment to the project, it should
explain how it will participate in the study, including the level of
involvement and technical expertise of its authorized project
representative and contact persons, whether the project will involve
direct contact with the applicant's natural resource department and/or
tribal council, etc.
If a tribal applicant or tribal energy and mineral resource
development organization has a strategic development plan outlining
objectives, goals, and methodology for creating sustainable tribal
economic development, the applicant should discuss it in the EMDP grant
proposal, along with how the proposal fits within that strategic plan.
Similarly, if the applicant has some other overall plan of action into
which the EMDP grant proposal fits (such as an existing energy and
mineral task force/committee, pertinent tribal resolutions, an energy
office, etc.), that too should be described.
Consider that DEMD's ranking panel will be asking questions during
its review such as: Does the proposal explain how the applicant is
committed to the project? Who has the applicant designated as its
authorized representative for the project proposal, and what are that
person's credentials? Does the applicant have an existing strategic
development plan and/or plan of action that includes developing its
energy and mineral resources? Is willingness to develop the energy and
mineral resource clearly stated in the tribal resolution supporting the
EMDP grant application (i.e., does the full council support
development)? Does the proposal otherwise clearly demonstrate 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%. DEMD will review EMDP grant budget proposals for
completeness, organization, and the reasonableness of identified costs,
all in the context of achieving the project's stated goals and
objectives.
Consider that DEMD's ranking panel will be asking questions during
its review such as: Does the budget comply with Mandatory Component 3
(Detail Budget Estimate) from the solicitation guidelines? Is the
budget detailed enough to explain how and when funds are to be spent?
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 EMDP grant proposal should address all the
elements listed in Mandatory Component 2 in the guidelines from this
Federal Register solicitation, and be clear to understand.
Consider that DEMD's ranking panel will be asking questions during
its review such as: 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 and well organized? Are
specified techniques and methodologies reasonable and in conformance
with 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 review committee will rank EMDP energy and mineral development
proposals using the selection criteria outlined in this section. DEMD
will then forward the rated requests to the Director of IEED for
approval. Those applicants not receiving an award will also be notified
promptly in writing.
F. When To Submit
We 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. EMDP grant
proposals submitted electronically will receive a prompt reply
indicating if the application was received and readable.
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.
BIA Regional or Agency-level offices receiving an EMDP grant
proposal do not have to forward it to DEMD. It is meant to inform them
of the applicant's intent to perform energy or mineral studies using
EMDP funding. BIA Regional or Agency offices are free to comment on the
applicant's proposal, or to ask DEMD for other information.
H. Funding and Transfer of Funds
Our obligation under this solicitation is contingent on receipt of
congressionally appropriated funds. No liability on the part of the
U.S. Government for any payment may arise until funds are made
available to the Contracting Officer for this grant and until the
recipient receives notice of such availability, to be confirmed in
writing by the Contracting Officer.
All Payment under this agreement will be made by the U.S.
Government by electronic funds transfer (through the Treasury Fedline
Payment System (FEDLINE)). The recipient must submit an official
invoice to the Bureau of Indian Affairs, Division of Fiscal Services,
12220 Sunrise Valley Drive, Reston, VA 20191. After the invoice is
reviewed and approved, payment will be processed. Invoices should be
based on progress and should not be submitted more than once a month.
All payments will be deposited in accordance with the banking
information designated for the applicant in the System for Award
Management (SAM).
I. Reporting Requirements for Award Recipients
1. Quarterly Reporting Requirements
During the life of the EMDP project, deliverables will include
quarterly
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project/technical progress updates, with a final written report
addressing components outlined in the scope of work. Quarterly written
progress and financial status reports are to be submitted to the DEMD
project monitor named in the award letter for the project. The
quarterly reports are on a calendar basis with the first reporting
quarter being that in which the project funds are transferred to the
applicant. This date will be established by DEMD's project monitor once
there has been an award.
The quarterly status report can be a one- to two-page summary of
events, accomplishments, problems and results that took place during
the quarter. The status report should also include a listing of the
funds expended during the quarter, how the funds were spent, and the
amount remaining. Quarterly reports are due two weeks after the end of
a project's quarter.
Applicants should also forward a copy of their reports to their own
BIA Agency and Regional offices.
2. Final Reporting Requirements
Delivery Schedules. The applicant must deliver all
products and data generated under the EMDP project to DEMD within two
weeks after project completion.
Digital Format Requirement for Reports and Data. DEMD
maintains a repository of all energy and mineral data on Indian lands,
much of it derived from these EMDP reports. As these projects produce
large amounts of raw and processed data, analyses and assays (in
addition to the summary report itself); DEMD requires that all
deliverable products to be in digital format, along with printed hard
copies.
Reports and data 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. The applicant's EMDP proposal should
account for our requirement that all final products be delivered in the
format described above, including six digital and six printed copies,
distributed as follows:
(a) The applicant retains two printed and two digital copies of the
EMDP report.
(b) 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 tribe's BIA Agency Office. Two
printed and two digital copies will then reside with DEMD. All DEMD's
copies should be forwarded to its office in Lakewood, Colorado, to the
attention of the ``Energy and Mineral Development Program.''
All products generated by EMDP studies belong to the applicant and
cannot be released to the public without the applicant'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
DEMD staff can provide applicants with a good deal of technical
help, such as working directly with tribal staff on a proposed project,
providing support documentation and data, and suggesting ways a tribe
may obtain other assistance, such as from a company or consultant with
special expertise. The applicant or its consultant must design,
organize, and write the EMDP grant proposal, however, including its
proposed budget. DEMD staff cannot objectively help an applicant
prepare an application when DEMD has primary responsibility for
evaluating it.
If an applicant needs DEMD's assistance with some aspect of the
EMDP grant application process, and DEMD's help would not create a
conflict of interest, please ask in writing. Submit requests 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. Applicants not seeking technical
assistance should also submit their EMDP proposals as far as possible
in advance of the application deadline, to allow DEMD staff time to
provide feedback concerning any possible deficiencies, and allow for
timely application revisions if necessary.
K. Paperwork Reduction Act Statement
The information collection requirements contained in this notice
have been approved by the Office of Management and Budget (OMB) under
44 U.S.C. 3504(h). The OMB control number is 1076-0174. The
authorization expires on June 30, 2016. 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.
The information collected is used to identify eligible recipients
of EMDP grants and to obtain progress reports from selected EMDP grant
recipients. The information is supplied by the respondents to obtain a
benefit. The public reporting burden is estimated to be 40 hours per
application and 1.5 hours per progress report per respondent. This
includes the time needed to understand the requirements, gather the
information, complete the application and progress report, and submit
to the Department. Comments regarding the burden or other aspects of
the information collection may be directed to the Information
Collection Clearance Officer--Indian Affairs, 1849 C Street NW., MS-
4141, Washington, DC 20240.
Dated: December 6, 2013.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
[FR Doc. 2013-30282 Filed 12-19-13; 8:45 am]
BILLING CODE 4310-4M-P