Grant Program To Assess, Evaluate, and Promote Development of Tribal Energy and Mineral Resources, 77155-77161 [2013-30282]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Notices]
[Pages 77155-77161]
From the Federal Register Online via the Government Printing 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 dawn.charging@bia.gov. 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 dawn.charging@bia.gov.
    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: lynne.carpenter@bia.gov, or 
David Holmes, telephone 720-407-0609, email: david.holmes@bia.gov
     Conventional Energy (Oil, Natural Gas, Coal): Bob Just, 
telephone 720-407-0611, email robert.just@bia.gov
     Renewable Energy (Biomass, Wind, Solar): Jennifer Reimann, 
telephone 720-407-0669, email Jennifer.Reimann@bia.gov
     Geothermal Energy: Bob Just, telephone 720-407-0611, email 
bob.just@bia.gov
    On-Line Information: There is additional information about EMDP 
grants on our Web site, https://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.

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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