[Federal Register Volume 75, Number 80 (Tuesday, April 27, 2010)]
[Notices]
[Pages 22153-22159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9663]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


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

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Solicitation of proposals.

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SUMMARY: The Energy and Mineral Development Program (EMDP) provides 
funding to Indian tribes with the mission goal of assessing, 
evaluating,

[[Page 22154]]

and promoting energy and mineral resources on Indian trust lands for 
the economic benefit of Indian mineral owners. To achieve these goals, 
the Department of the Interior's Office of Indian Energy and Economic 
Development (IEED), through its Division of Energy and Mineral 
Development (DEMD) office, is soliciting proposals from tribes. The 
Department will use a competitive evaluation process to select several 
proposed projects to receive an award.

DATES: Submit grant proposals on or before June 28, 2010. We will not 
consider grant proposals received after this date.

ADDRESSES: Mail or hand-carry grant proposals to the Department of the 
Interior, Division of Energy and Mineral Development, Attention: Energy 
and Mineral Development Program, 12136 W. Bayaud Avenue, Suite 300, 
Lakewood, CO 80228, or e-mail to Robert Anderson at 
[email protected].

FOR FURTHER INFORMATION CONTACT: If you have questions about the EMDP 
program, or have technical questions about the commodity you wish to 
assess or develop, please contact the appropriate DEMD persons listed 
below:
     General Questions about the EMDP Program and Submission 
Process: Robert Anderson, Tel: (720) 407-0602; e-mail: 
[email protected];
     For Additional Copies of the Proposal Writing Guidelines 
Manual: Tahnee KillsCrow, Tel: (720) 407-0655; e-mail: 
[email protected];
     Mineral Projects (Precious Metals, Sand and Gravel): Lynne 
Carpenter, Tel: (720) 407-0605, e-mail: [email protected], or 
David Holmes, Tel: (720) 407-0609, e-mail: [email protected];
     Conventional Energy Projects (Oil, Natural Gas, Coal): Bob 
Just, Tel: (720) 407-0611, e-mail: [email protected];
     Renewable Energy Projects (Biomass, Wind, Solar): Winter 
Jojola-Talburt, Tel: (720) 407-0668, e-mail: [email protected];
     Geothermal Energy: Roger Knight, Tel: (720) 407-0613, e-
mail: [email protected].

SUPPLEMENTARY INFORMATION: 

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

A. Background

    Section 103 of the Indian Self-Determination Act, Public Law 93-
638, as amended by Public Law 100-472 contains the contracting 
mechanism for energy and mineral development-funded programs.
    The IEED, through the DEMD office located in Lakewood, Colorado, 
administers and manages the EMDP program. The objectives of this 
solicitation are to receive proposals for energy and mineral 
development projects in the areas of exploration, assessment, 
development, feasibility and market studies.
    Energy includes conventional energy resources (such as oil, gas, 
coal, uranium, and coal bed gas) and renewable energy resources (such 
as wind, solar, biomass, hydro and geothermal). Mineral resources 
include industrial minerals (e.g., sand, gravel), precious minerals 
(e.g., gold, silver, platinum), base minerals (e.g., lead, copper, 
zinc), and ferrous metal minerals (e.g., iron, tungsten, chromium).
    This year, there will be an emphasis placed on renewable energy 
projects, as a portion of DEMD's grant budget is earmarked for 
renewable energy. Also, there are funds set aside for construction 
minerals, such as sand and gravel. However, the project's outcome 
should also have an impact on creating new jobs and income for the 
tribal community. Both objectives will have an influence on DEMD's 
selection of projects to fund.
    DEMD's goal is to assist tribes to achieve economic benefits from 
their energy and mineral resources. The purpose of the program is to 
expand the knowledge base through which tribes, either by themselves or 
with industry partners, can bring new energy and mineral resources into 
the marketplace through a comprehensive understanding of their 
undeveloped resource potential. A strong knowledge base will also 
ensure that new resources are produced in an environmentally acceptable 
manner.
    Each year DEMD usually receives more energy and mineral development 
applications than can be funded in that year. DEMD has discretion for 
awarding funds and requires that the tribes compete for such funds on 
an annual basis. DEMD has established ranking and paneling procedures 
with defined criteria for rating the merits of proposals to make the 
award of limited funds as fair and equitable as possible.
    The EMDP program is funded under the non-recurring appropriation of 
the Bureau of Indian Affairs' (BIA) budget. Congress appropriates funds 
for EMDP funding on a year-to-year basis. Thus, while some projects may 
extend over several years, funding for successive years depends on each 
fiscal year's appropriations.
    The information collection requirements contained in this notice 
have been reviewed and approved by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3504(h). The OMB 
control number is 1076-0174. The authorization expires on April 30, 
2013. An agency may not sponsor, and you are not required to respond 
to, any information collection that does not display a currently valid 
OMB Control Number.

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

1. Trust Land Status

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

2. Tribes' Compliance History

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

3. BIA Sanction List

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

4. Completion of Previous Energy and Mineral Development Projects

    Generally, the DEMD will not support nor recommend additional 
funding for a project until all project functions scheduled for 
completion the previous

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year have been documented by the tribe and reviewed by the DEMD.
    Under some circumstances, delays encountered in performing the 
project that are beyond the control of the tribe or their consultant 
will be taken into consideration when making decisions on future year 
EMDP awards. Such acceptable delays may include late delivery of 
funding awards to the tribal project, difficulty in finding appropriate 
contractors to perform project functions, permitting issues, and 
weather delays.

5. Multiple Projects

    DEMD will accept more than one application from a tribe for 
projects, even if the project concerns the same commodity. For example, 
the tribe may have a viable renewable energy resource, but needs to 
better define the resource with further exploration work or analysis. 
Concurrently the tribe also needs to evaluate the market for their 
resource. In this situation two separate proposals can be submitted. 
DEMD will apply the same objective ranking criteria to each proposal.

6. Multi-Year Projects

    DEMD cannot award multi-year funding for a project. Funding 
available for the EMDP is subject to annual appropriations by Congress 
and therefore DEMD can only consider single-year funded projects. 
Generally, energy and mineral development projects are designed to be 
completed in one year. It is acceptable that a project may require more 
than one year to complete due to circumstances such as weather, 
availability of the consultant, or scope of the project.
    EMDP projects requiring funding beyond one-year intervals should be 
grouped into discrete, single-year units of operation, and then 
submitted as individual proposals for consideration of EMDP award 
funding. Tribes must be aware, however, that there is no absolute 
guarantee of EMDP awards being available for future years of a multi-
year project due to the discretionary nature of EMDP award funding.

7. Use of Existing Data

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

8. Using Technical Services at DEMD

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

9. What the Energy and Mineral Development Program Cannot Fund

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

10. Who Performs Energy and Mineral Development Studies?

    The tribe determines who they wish to perform the energy and 
mineral development work, such as a consultant, a private company, or 
other sources described in the list below. The tribe may also request 
the BIA to perform the work.
    A tribe has several choices in contracting work performed under an 
energy and mineral development project:
     A private company (although that company must not be 
competing for exploration or development rights on the tribe's lands);
     An experienced and qualified scientific consultant;
     A Federal government agency (such as USGS or the U.S. 
Department of Energy (DOE) or a State government agency (such as a 
State geological survey).

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    There are no requirements or restrictions on how the tribe performs 
their contracting function for the consultant or company. The tribe is 
free to issue the contract through a sole source selection or through 
competitive bidding. This determination will depend on the tribe's own 
policies for contracting procedures.

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

    Each tribe's application must meet the criteria in this notice. A 
complete energy and mineral development request must contain the 
following three components:
     A current tribal resolution authorizing the proposed 
project;
     A proposal describing the planned activities and 
deliverable products; and
     A detailed budget estimate.
    DEMD will consider any funding request that does not contain all of 
the mandatory components to be incomplete and will return it to the 
tribe with an explanation. The tribe will then be allowed to correct 
all deficiencies and resubmit the proposal for consideration on or 
before the deadline.
    A detailed description of each of the required components follows.

1. Mandatory Component 1: Tribal Resolution

    The tribal resolution must be current, and must be signed. It must 
authorize tribal approval for an EMDP proposed project in the same 
fiscal year as that of the energy and mineral development proposal and 
must explicitly refer to the assessment proposal being submitted. The 
tribal resolution must also include:
    (a) A description of the commodity or commodities to be studied;
    (b) A statement that the tribe is willing to consider development 
of any potential energy or mineral resource discovered;
    (c) A statement describing how the tribe prefers to have the energy 
or mineral program conducted (i.e., by DEMD in-house professional staff 
only, by DEMD staff in conjunction with tribal professional staff, by 
private contractors or consultants, or through other acceptable means).
    (d) A statement that the tribe will consider public release of 
information obtained from the energy and mineral development study. 
(Public release is meant to include publications, a poster session, 
attending a property fair, or giving an oral presentation at industry 
or Federal meetings and conferences. It does not mean providing copies 
of the data or reports to any individual, private company or other 
government agency without express written permission from the tribal 
government.)

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

2. Mandatory Component 2: Energy and Mineral Development Proposal

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

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

    (b) Technical Summary of Project: Provide a technical description 
of the project area, if sufficient information exists. Give examples of 
a typical resource occurrence to be examined under the proposal, such 
as the oil or gas deposit, etc. If possible, include criteria 
applicable to these types of resource occurrences.
     Multi-Phased Studies: Explain whether this assessment 
request will begin a new study or continue a study that has already 
been partially completed. Also explain how long the study will last. 
[Note: DEMD cannot guarantee funding for a project from one fiscal year 
to the next.]
     Known Energy/Mineral Resource: If a known energy or 
mineral deposit exists or produces near the reservation, discuss the 
possible extension or trend of the deposit onto the reservation.
     Existing Information: Acknowledge any existing mineral 
exploration information and provide references. The proposed new study 
should not duplicate previous work.
     Environmental or Cultural Sensitive Areas: Describe and 
verify if the resources are located in an archeological, 
environmentally or culturally sensitive area of the reservation. The 
tribe must also assist DEMD with the Environmental Assessment phase of 
the proposed project.
    (c) Project Objective, Goals and Scope of Work: Describe why the 
tribe needs the proposed energy and mineral development. Examples may 
include:
     Discussion of the short and long term benefits to the 
tribe.
     Initial identification of an energy or mineral resource 
for possible development.
     Additional information regarding the potential resource 
required for tribal decision making commitments on development 
proposals.
     Feasibility studies and market analyses on resource 
development potentials.
     Support for environmental studies.
     Support and technical assistance as part of the contract 
negotiations process.
     Description of the work proposed, and the project goals 
and objectives expected to be achieved by the proposed project.
     Description of the location on the reservation where the 
work will be done. Include relevant page size maps and graphs.
     Detailed description of the scope of work and 
justification of a particular method. For example, if a geochemical 
sampling survey is planned, an explanation might include the quantity 
samples to be obtained, what type of sampling will be targeted, the 
soil horizons to be tested, general location of the projected sampling, 
how the

[[Page 22157]]

samples are to be analyzed and why geochemistry was chosen as an 
exploration technique. Furnish similar types of explanations and 
details for geophysics, geologic mapping, core drilling, or any other 
type of assessment planned.
    (d) Deliverable Products: Describe all deliverable products that 
the proposed assessment project will generate, including all technical 
data to be obtained during the study. Describe the types of maps to be 
generated and the proposed scales. Also discuss how these maps and 
cross-sections will help define the energy and mineral potential on the 
reservation. Discuss any planned status reports as well as the 
parameters of the final report.
    (e) Resumes of Key Personnel: If the tribe is using a consultant 
services, provide the resumes of key personnel who will be performing 
the project work. The resumes should provide information on each 
individual's expertise. If subcontractors are used, these should also 
be disclosed.

3. Mandatory Component 3: Detailed Budget Estimate

    A detailed budget estimate is required for the funding level 
requested. The detail not only provides the tribe with an estimate of 
costs, but it also provides DEMD with the means of evaluating the cost-
benefit of each project. This line-by-line budget must fully detail all 
projected and anticipated expenditures under the EMDP proposal. The 
ranking committee reviews each budget estimate to determine whether the 
budget is reasonable and can produce the results outlined under the 
proposal.
    Each proposed project function should have a separate budget. The 
budget should break out contract and consulting fees, fieldwork, lab 
and testing fees, travel and all other relevant project expenses. 
Preparation of the budget portion of an EMDP proposal should be 
considered a top priority. EMDP proposals that include sound budget 
projections will receive a more favorable ranking over those proposals 
that fail to provide appropriate budget projections.
    The budget page(s) should provide a comprehensive breakdown for 
those project line items that involve several components, or contain 
numerous sub-functions.
    (a) Contracted Personnel Costs. This includes all contracted 
personnel and consultants, their respective positions and time (staff-
hour) allocations for the proposed functions of a project.
     Personnel funded under the Public Law 93-638 Energy and 
Mineral Development Program (EMDP) must have documented professional 
qualifications necessary to perform the work. Position descriptions or 
resumes should be attached to the budget estimate.
     If a consultant is to be hired for a fixed fee, the 
consultant's expenses should be itemized as part of the project budget.
     Consultant fees must be accompanied by documentation that 
clearly identifies the qualifications of the proposed consultants, how 
the consultant(s) are to be used, and a line item breakdown of costs 
associated with each consultant activity.
    (b) Travel Estimates. Estimates should be itemized by airfare, 
vehicle rental, lodging, and per diem, based on the current federal 
government per diem schedule.
    (c) Data Collection and Analysis Costs. These costs should be 
itemized in sufficient detail for the reviewer to evaluate the charges. 
For example, break down drilling and sampling costs in relation to 
mobilization costs, footage rates, testing and lab analysis costs per 
core sample.
    (d) Other Expenses. Include computer rental, report generation, 
drafting, and advertising costs for a proposed project.

D. Submission of Application in Digital Format

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

E. Application Evaluation and Administrative Information

1. Administrative Review

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

2. Ranking Criteria

    Proposals will be formally evaluated by a Review and Ranking Panel 
using the six criteria listed below. Each criterion provides a 
percentage of the total maximum rating of 100 points.
    (a) Resource Potential; 10 points. If the resource is determined 
not to exist on the reservation, then the proposal will be rejected. 
The panel will base their scoring on both the information provided by 
the tribe and databases maintained by DEMD. It is critical that the 
tribe attempt to provide all pertinent information in their proposal in 
order to ensure that an accurate review of the proposal is 
accomplished. The reviewers are aware that many tribes have little 
energy or mineral resource data on reservation lands, and in some 
cases, resource data does not exist. However, geologic and historical 
mineral development data exist throughout most of the continental U.S. 
on lands surrounding Indian reservations.
    Many times a producing energy or mineral deposit exists outside but 
near the reservation boundary. The geologic setting containing the 
resource may extend onto the reservation, regardless of the size of the 
reservation. This would suggest potential of finding similar resources 
on the reservation. In some cases, available data on non-reservation 
lands may allow for a scientifically acceptable projection of favorable 
trends for energy or mineral occurrences on adjacent Indian lands.
    For renewable energy proposals, this factor applies to conditions 
favorable for the economic development of the renewable energy source 
being studied.
    (b) Marketability of the Resource; 20 points. Reviewers will base 
their scoring on both the short- and long-term market conditions of the 
resources. Reviewers are aware that marketability of an energy or 
mineral commodity depends upon existing and emerging market conditions. 
Industrial minerals such as aggregates, sand/gravel and gypsum are 
dependent on local and regional economic conditions.
    Precious and base metal minerals such as gold, silver, lead, copper 
and zinc are usually more dependent upon international market 
conditions. Natural

[[Page 22158]]

gas and coal bed methane production depends upon having relatively 
close access to a transmission pipeline, as does renewable energy to an 
electric transmission grid.
    Coal and crude oil production, on the other hand, carry built-in 
transportation costs, making those resources more dependent on current 
and projected energy commodity rates. At any time, some commodities may 
have a strong sustained market while others experience a weak market 
environment, or even a market surge that may be only temporary.
    Reviewers are aware of pitfalls surrounding long-term market 
forecasts of energy and mineral resources, so the proposal should 
address this element fully. Also, short-term forecasts may indicate an 
oversupply from both national and internationally developed properties, 
and therefore additional production may not be accommodated. Certain 
commodities such as electricity may be in high demand in some regional 
sectors, but the current state of the transmission infrastructure does 
not allow for additional kilowatts to be handled, thereby hindering a 
market opportunity.
    On the other hand, the potential for improving markets may be 
suggested by market indicators. Examples of market indicators include 
price history, prices from the futures markets, rig count for oil and 
gas, and fundamental factors like supply shortages, political unrest in 
foreign markets, and changes in technology.
    (c) Economic Benefits Produced by the Project; 35 points. This year 
there will be greater emphasis on funding projects that would have an 
impact on tribal jobs and income. To receive a high score for this 
ranking criterion, the proposal should clearly state how the project 
would achieve this result. If the project indirectly creates economic 
benefits, for example applying royalty income from oil and gas 
productions to create other tribal businesses, that would satisfy this 
criterion. Whatever the commodity being studied, the ultimate goal is 
to collect useful data and information that allows the tribe to 
stimulate development on their lands. This might occur with industry 
partners or the tribe may develop the resource themselves.
    (d) Tribes' Willingness to Develop; 10 points: The tribe's 
willingness to consider developing any potential resource must be 
clearly stated in the proposal and the tribal resolution. Note that 
this is not a statement for mandatory development of any potential 
resource, but just that the tribe is willing to develop. The decision 
on whether to develop will always lie with the tribe. The willingness-
to-develop statement should sufficiently explain how the tribe intends 
to accomplish this task.
    DEMD will also evaluate willingness to develop based upon the 
tribe's willingness to release energy or mineral data to potential 
developers.
    (e) Tribal Commitment to the Project; 25 points: To receive a high 
score for this criterion, the tribe should explain how it will 
participate in the study, such as by appointing a designated lead and 
contact person (especially a person with some knowledge of the 
technical aspects of the projects, and direct contact with the tribe's 
natural resource department and tribal council), to be committed to the 
successful completion of the project.
    If the tribe has a strategic plan for development, this should be 
discussed in the proposal. A strategic plan outlines objectives, goals, 
and methodology for creating sustainable tribal economic development. 
The proposal should also explain how the tribe's EMDP proposal fits 
within that strategic plan.

3. Ranking of Proposals and Award Letters

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

F. When To Submit

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

G. Where To Submit

    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.
    A tribe may fax the cover letter and resolution for the proposal 
before the deadline, which will guarantee that the proposal will be 
considered as being received on time. However, DEMD asks that tribes or 
consultants do not send the entire proposal via fax, as this severely 
overloads the fax system.
    The cover letter should also state that the proposal is being sent 
via FedEx or mail. An original signature copy must be received in 
DEMD's office within 5 working days after the deadline, including all 
signed tribal resolutions and letters of tribal authorization.
    BIA Regional or Agency level offices receiving a tribe's submitted 
EMDP proposal do not have to forward it on to DEMD. It is meant to 
inform them of a tribe's intent to perform energy or mineral studies 
using EMDP funding. BIA Regional or Agency offices are free to comment 
on the tribe's proposal, or to ask DEMD for other information.

H. Transfer of Funds

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

I. Reporting Requirements for Award Recipients

1. Quarterly Reporting Requirements

    During the life of the EMDP project, quarterly written reports are 
to be submitted to the DEMD project monitor for the project. The 
beginning and ending quarter periods are to be based on the actual 
start date of the EMDP project. This date can be determined between 
DEMD's project monitor and the tribe.
    The quarterly report can be a one- to two-page summary of events, 
accomplishments, problems and results that took place during the 
quarter. Quarterly reports are due 2 weeks after the end of a project's 
fiscal quarter.

2. Final Reporting Requirements

     Delivery Schedules. The tribe must deliver all products 
and data generated by the proposed assessment project to DEMD's office 
within 2 weeks after completion of the project.
     Mandatory Requirement to Provide Reports and Data in 
Digital Form. DEMD maintains a repository for all energy and mineral 
data on Indian

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lands, much of it derived from these energy and mineral development 
reports. As EMDP projects produce reports with large amounts of raw and 
processed data, analyses and assays, DEMD requires that deliverable 
products be provided in digital format, along with printed hard copies.
    Reports can be provided in either Microsoft Word or Adobe Acrobat 
PDF format. Spreadsheet data can be provided in Microsoft Excel, 
Microsoft Access, or Adobe PDF formats. All vector figures should be 
converted to PDF format. Raster images can be provided in PDF, JPEG, 
TIFF, or any of the Windows metafile formats.
     Number of Copies. When a tribe prepares a contract for 
energy and mineral development, it must describe the deliverable 
products and include a requirement that the products be prepared in 
standard format (see format description above). Each energy and mineral 
development contract will provide funding for a total of six printed 
and six digital copies to be distributed as follows:
    (a) The tribe will receive 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. These copies 
should be forwarded to the DEMD offices in Lakewood, Colorado, to the 
attention of the ``Energy and Mineral Development Program.''
    All products generated by EMDP studies belong to the tribe and 
cannot be released to the public without the tribe's written approval. 
Products include all reports and technical data obtained during the 
study such as geophysical data, geochemical analyses, core data, 
lithologic logs, assay data of samples tested, results of special 
tests, maps and cross sections, status reports, and the final report.

J. Requests for Technical Assistance

    DEMD staff may provide technical consultation (i.e., work directly 
with tribal staff on a proposed project), provide support documentation 
and data, provide written language on specialized sections of the 
proposal, and suggest ways a tribe may obtain other assistance, such as 
from a company or consultant specializing in a particular area of 
expertise. However, the tribe is responsible for preparing the 
executive summary, justification, and scope of work for their proposal.
    The tribe must notify DEMD in writing that they require assistance, 
and DEMD will then appoint staff to provide the requested assistance. 
The tribe's request must clearly specify the type of technical 
assistance desired.
    Requests for technical assistance should be submitted 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. DEMD will not accept requests for technical assistance that 
are received after May 27, 2010. Tribes not seeking technical 
assistance should also attempt to submit their EMDP proposals well in 
advance of the deadline to allow DEMD staff time to review the 
proposals for possible deficiencies and allow time to contact the tribe 
with requests for revisions to the initial submission.

    Dated: April 8, 2010.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.
[FR Doc. 2010-9663 Filed 4-26-10; 8:45 am]
BILLING CODE 4310-4M-P