[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Pages 55021-55026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19502]

[[Page 55021]]



Bureau of Indian Affairs


Energy and Mineral Development Program (EMDP); Solicitation of 

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.


SUMMARY: The Office of Indian Energy and Economic Development (IEED), 
through its Division of Energy and Mineral Development (DEMD), is 
soliciting grant proposals from Tribes and Tribal Energy Development 
Organizations for technical assistance funding to hire consultants to 
identify, evaluate or assess the market for energy or mineral resources 
that a Tribe will process, use, or develop.

DATES: Applications will be accepted until 5 p.m. Mountain Daylight 
Time on December 2, 2020].

ADDRESSES: Email applications to [email protected] in accordance with 
the directions at Step 4 of this notice.

FOR FURTHER INFORMATION CONTACT: Ms. Winter Jojola-Talburt, Deputy 
Chief, Division of Energy and Mineral Development, 13922 Denver West 
Pkwy., Suite 200, Lakewood, CO 80401; telephone (720) 207-8063; email: 
[email protected].


I. General Information
II. Number of Projects Funded
III. Background
IV. Eligibility for Funding
V. Who May Perform Feasibility Studies Funded by EMDP Grants
VI. Applicant Procurement Procedures
VII. Limitations
VIII. EMDP Application Guidance
IX. Review and Selection Process
X. Evaluation Criteria
XI. Transfer of Funds
XII. Reporting Requirements for Award Recipients
XIII. Conflicts of Interest
XIV. Questions and Requests for IEED Assistance
XV. Separate Document(s)
XVI. Paperwork Reduction Act
XVII. Authority

I. General Information

    Award Ceiling: $2,500,000.
    Award Floor: $10,000.
    CFDA Number: 15.038.
    Cost Sharing or Matching Requirement: No.
    Number of Awards: 25 to 30.
    Category: Minerals and Mining on Indian Land.

II. Number of Projects Funded

    DEMD anticipates award of approximately twenty-five (25) to thirty 
(30) grants under this announcement ranging in value from approximately 
ten thousand dollars ($10,000) to two million five hundred thousand 
dollars ($2,500,000). The program can fund projects only one year at a 
time. DEMD will use a competitive evaluation process based on criteria 
described in the Review and Selection Process section at section IX of 
this notice.

III. Background

    The Office of the Assistant Secretary--Indian Affairs, through 
IEED, is soliciting proposals from Indian Tribes, as described in 
Section IV of this notice, for projects that conduct resource 
inventories and assessments, feasibility studies, or other pre-
development studies necessary to process, use and develop energy and 
mineral resources. These resources and their uses include, but are not 
limited to, biomass (woody and waste) for heat or electricity; 
transportation fuels; hydroelectric, solar, or wind generation; 
geothermal heating or electricity production; district heating; other 
forms of distributed energy generation; oil, natural gas, geothermal, 
and helium; sand and gravel, coal, precious minerals, and base minerals 
(lead, copper, zinc, etc.).
    EMDP projects may include, but are not limited to:
     Initial resource exploration;
     Defining potential targets for development;
     Performing a market analysis to establish production/
demand for a commodity;
     Performing economic evaluation and analysis of the 
     Baseline studies related to energy and mineral projects; 
     Other pre-development studies necessary to promote the use 
and development of energy and mineral resources.
    The IEED administers this program through DEMD.
    These grants will be funded under a non-recurring appropriation of 
the BIA budget. Congress appropriates funds 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 funding periods and amounts referenced in this solicitation are 
subject to the availability of funds at the time of award, as well as 
the Department of the Interior (DOI) and Indian Affairs priorities at 
the time of the award. Neither DOI nor Indian Affairs will be held 
responsible for proposal or application preparation costs. Publication 
of this solicitation does not obligate DOI or Indian Affairs to award 
any specific grant or to obligate all or any part of available funds. 
Future funding is subject to the availability of appropriations and 
cannot be guaranteed. DOI or Indian Affairs may cancel or withdraw this 
solicitation at any time.

IV. Eligibility for Funding

    Only Indian Tribes, as defined at 25 U.S.C. 5304(e), and Tribal 
Energy Development Organizations (TEDOs), as defined at 25 U.S.C 
3501(12), are eligible for EMDP grants. Under the statutory definition, 
Indian Tribes 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, 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.
    TEDOs are: (1) Any enterprise, partnership, consortium, 
corporation, or other type of business organization that is engaged in 
the development of energy resources and is wholly owned by an Indian 
Tribe (including an organization incorporated under 25 U.S.C. 5124 or 
5203); and (2) any 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 or 
to enter into a lease or business agreement with, or acquire a right-
of-way from, an Indian Tribe pursuant to 25 U.S.C. 3504(a)(2)(A)(ii) or 
    Eligible applicants will be referred to as ``Tribes'' and ``TEDOs'' 
throughout this notice.
    EMDP grants may only fund projects occurring on Indian land. The 
term ``Indian land'' means:
     Any land located within the boundaries of an Indian 
reservation, pueblo, or rancheria;
     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
     Land that is owned by an Indian Tribe and was conveyed by 
the United

[[Page 55022]]

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. See 25 
U.S.C. 3501(2).

V. Who May Perform Feasibility Studies Funded by EMDP Grants

    The applicant determines who will conduct its feasibility study. An 
applicant has several choices, including but not limited to:
     Universities and colleges;
     Private consulting firms; or
     Non-academic, non-profit entities.

VI. Applicant Procurement Procedures

    The applicant is subject to the procurement standards in 2 CFR 
200.318 through 200.326. In accordance with 2 CFR 200.318, an applicant 
must use its own documented procurement procedures which reflect Tribal 
laws and regulations, provided that the procurements conform to 
applicable Federal law and standards identified in 2 CFR part 200.

VII. Limitations

    EMDP grant funding must be expended in accordance with applicable 
statutory and regulatory requirements, including 2 CFR part 200. As 
part of the grant application review process, DEMD may conduct a review 
of an applicant's prior IEED grant awards(s).
    Applicants that are currently under BIA sanction Level 2 or higher 
resulting from non-compliance with the Single Audit Act are ineligible 
for an EMDP award. Applicants at Sanction Level 1 will be considered 
for funding.
    An applicant may submit more than one grant application for 
multiple, distinct projects. For example, an applicant may submit one 
application to identify sand and gravel resources and another 
application to identify wind energy resources; however, an applicant 
cannot combine these two subjects into one application. Each project 
requires its own stand-alone project narrative, budget, designated 
Tribal project lead, and verification of eligibility, and will be 
evaluated based on its own merit.
    EMDP awards may not be used for:
     Projects not occurring on Indian land;
     Establishing or operating a Tribal office, and/or purchase 
of office equipment;
     Salaries or fringe benefits for Tribal employees, except 
for clearly defined technical related tasks. Salary requests must 
comply with the detailed budget components as described under Step 2--
Budget (Mandatory Component 4);
     Indirect costs as defined in 2 CFR part 200 and overhead 
     Purchasing equipment such as computers, software, 
vehicles, field gear, anemometer (Met) towers, and the like, to perform 
pre-development activities. However, leasing these types of equipment 
for pre-development activities is permitted;
     Purchasing or leasing equipment to develop energy and 
mineral resources, such as solar panels, well drilling rigs, backhoes, 
bulldozers, cranes, trucks, etc. However, leasing this equipment for 
pre-development activities is allowable;
     Drilling wells for the commercial sale of hydrocarbons, 
geothermal resources, and other fluid or solid minerals. Funds may be 
used for testing, sampling, coring, or temperature surveys. DEMD will 
not fund the drilling, completion, or recompletion of an oil/gas well, 
but will fund the testing and/or sampling of a well if the data 
collected is deemed necessary to achieve the objective outlined in the 
grant proposal;
     Legal fees;
     Application fees associated with permitting unless it can 
be demonstrated that the task requiring a permit is an essential 
component of the grant;
     Academic research projects;
     Development of unproven technologies that are not 
     Contracted negotiation fees;
     Purchase of data currently available at DEMD and 
accessible to applicants. Contact DEMD to verify data availability. 
DEMD will provide a Tribe with available data upon request;
     Studies directly related to meeting National Environmental 
Policy Act (NEPA) requirements for project development. However, the 
EMDP will support a preliminary environmental issue analysis used to 
evaluate project feasibility;
     Attending conventions, or travel to foreign countries. 
However, in some cases, domestic conventions that have relevance to the 
scope of the EMDP project will be allowed. This will be evaluated on a 
case-by-case basis and will require written justification within the 
     Feasibility studies of broadband related projects that are 
eligible for funding under IEED's National Tribal Broadband Grant 
(NTBG) program;
     Businesses, development projects, or technologies that are 
addressed by IEED's Native American Business Development Institute 
(NABDI) grant program; or studies regarding legal infrastructure or 
energy regulatory structures addressed by IEED's Tribal Energy 
Development Capacity (TEDC) grant program; and
     Any other activities not authorized by the Tribal 
resolution or the grant award letter.

VIII. EMDP Application Guidance

    All EMDP applicants must use the standard forms Application for 
Federal Assistance SF-424 and the Project Narrative Attachment Form. 
These forms can be found at www.grants.gov. A complete proposal must 
contain the six mandatory components as described below.

Step 1. Complete the Application for Federal Assistance SF-424

Instructions To Download the Application for Federal Assistance SF-424
    1. Go to www.grants.gov.
    2. Select the ``forms'' tab. This will open a page with a table 
titled ``SF-424 FAMILY FORMS.''
    3. Under the column ``Agency Owner,'' third row down, is listed, 
Grants.gov--Application for Federal Assistance SF-424.
    4. Click on the blue PDF letters to download the three-page 
Application for Federal Assistance SF-424 (Mandatory Component 1)
    Within the Application for Federal Assistance SF-424, please 
complete the following sections:
     Item 8a. Applicant Information--Legal Name.
     Item 8b.
     Item 8c.
     Item 8d. Address.
     Item 8f. Name and contact information of person to be 
contacted on matters involving this application.
     Item 9. Select I: Indian/Native American Tribal Government 
(Federally Recognized).
     Item 11. CFDA Title box--Type in the numbers: 15.038.
     Item 12. Title box--Type in: IEED EMDP Grant.
     Item 15. Descriptive Title of Applicant's Project. Type in 
short description of proposal.
     Item 21. Read certification statement. Check ``agree'' 
     Authorized Representative section: Complete all boxes 
except ``signature of authorized representative.'' Be sure to type in 
the Tribal leader's information. Be sure to include the Tribal leader's 
preferred title (e.g., Governor, President, Chairman).
    Save the Application for Federal Assistance SF-424 and name the 
file using the following format: Tribal Name EMDP Grant Application SF-

[[Page 55023]]

    Example for naming the SF-424 Application for Federal Assistance 
file: Pueblo of Laguna EMDP Grant Application SF-424.

Step 2. Prepare the Project Narrative, Budget, Critical Information 
Page, and Obtain a Tribal Resolution

Project Narrative (Mandatory Component 2)
    The Project Narrative must not exceed 15 pages. At a minimum, it 
should include:
     Tribal Executive Summary, no longer than one page, that 
summarizes the proposed project, resource(s) to be utilized, long term 
goals and objectives of the Tribe, and total funding amount requested. 
The Tribal Executive Summary should be an authentic representation of 
the project intent, from the perspective of the Tribal applicant.
     Discussion on the economic viability of the project. 
Economic viability is the ability of the project to secure financing--
whether from public, commercial, or concessional sources--while having 
a positive impact on society and the environment. Discussion should 
include: sources and uses of funds, revenue, expenses, job creation, 
return on investment, payback period, potential secondary markets, and 
other positive impacts. If an initial financial, economic, or business 
case analysis has not been completed please provide estimates based on 
comparable projects of similar scale.
     Discussion on project viability including, but not limited 
to: Reason(s) for the project; description of the anticipated outcomes 
that will result if the project were to be funded; whether the project 
is new or builds on previous work that is partially complete; how the 
project is phased, how long it is expected to take through completion, 
and what element the current project is intended to satisfy; the 
Tribe's motivation to develop the proposed energy or mineral 
resource(s), including any short and long term benefits to the Tribe; 
and potential barriers, including and not limited to environmental and 
cultural constraints for land development, etc.
     Scope of Work and Deliverables including: A clear and 
concise description of the tasks to be performed, in chronological 
order; a logical methodology for completing the task items; and a 
detailed description of all deliverable products the proposed EMDP 
project is to generate, including all technical data to be obtained 
during the study.
     Description of the consultant(s) and key personnel the 
applicant wishes to retain, including resumes, contact information, 
technical expertise, training, qualifications, and suitability to 
undertake the proposed scope of work. This information may be included 
as an attachment to the application and will not be counted towards the 
15-page limitation.
Verification of Eligibility (Mandatory Component 3)
    DEMD will only consider applications from Tribes and TEDOs for the 
use of carrying out projects to assess, evaluate, and promote the 
development of energy and mineral resources on Indian land.
    The Verification of Proposal Eligibility must include the 
     The full name, address, and telephone number of the Tribe 
or TEDO submitting the application, including:
    a. The full name(s) of the Tribe(s) proposed to be served; and
    b. A copy of the TEDO's charter, articles of incorporation, bylaws, 
or other organic documents showing that it meets the definition of a 
TEDO pursuant to 25 U.S.C. 3501(12).
     Narrative and documentation that the proposed project is 
located on Indian land (project location map, title status report, 
legal land descriptions, etc.).
Budget (Mandatory Component 4)
    The budget should consist of a complete the SF 424a budget form and 
provide a budget narrative that clearly describes all major line item 
grant expenditures. The budget must identify the amount of grant 
funding requested and a comprehensive breakdown of all projected and 
anticipated expenditures, including contracted personnel fees; 
consulting fees (hourly or fixed); travel costs; data collection and 
analysis costs; and other relevant project expenses and their 
     Travel costs should be itemized by airfare, vehicle 
rental, lodging, and per diem, based on the current Federal government 
per diem schedule.
     Data collection and analysis costs should be itemized in 
sufficient detail for the DEMD review committee to evaluate the 
     Other expenses may include computer rental, report 
generation, drafting, and advertising costs for a proposed project.
    The budget narrative should correlate to the project scope of work 
and clearly break down the project into defined tasks with an 
associated budget line item for each task. Tasks and costs should 
include a justification in the budget narrative.
Critical Information Page (Mandatory Component 5)
    Applicants must include a critical information page that includes:
     Project Manager's contact information;
     Data Universal Numbering System (DUNS) number;
     An active Automated Standard Application for Payment 
(ASAP) number;
     Counties where the project is located; and
     Congressional District number where the project is 
Tribal Resolution (Mandatory Component 6)
    Applicants must include as an attachment to their application a 
Tribal resolution authorizing the submission of a FY 2020 EMDP grant 
application. It must be signed by authorized Tribal representative(s). 
Tribal resolutions should not specify a starting date for the project 
to avoid complications in the event of funding delays or similar 
contingencies. The resolution must include:
     A description of the energy and mineral resource(s) to be 
     A statement confirming that the information provided in 
the Verification of Eligibility is accurate;
     A statement that the Tribe is willing to consider 
developing any potential energy and mineral resource discovered;
     A statement describing how the Tribe wishes to have the 
EMDP project performed (i.e., by whom);
     A statement to the effect that the Tribe will consider 
public release of information obtained from the EMDP project. 
Information does not include any detailed proprietary data or reports 
to any individual, private company, or government agency without the 
written consent of the Tribe; information, does, however, refer to that 
which may be suitable for press releases, or a presentation at a 
government or private meetings and conferences.
    TEDO applicants are required to have an authorizing resolution(s) 
from each Tribe proposed to be served.

Step 3. Prepare the Project Narrative Attachment Form for Submission

    Note: The Project Narrative Attachment Form is required to submit 
mandatory component 2 (Project Narrative), mandatory component 3 
(Verification of Eligibility), mandatory component 4 (Budget), 
mandatory component 5 (Critical Information Page), and mandatory 
component 6 (Tribal Resolution).

[[Page 55024]]

Instructions To Download the Project Narrative Attachment Form
     Go to www.grants.gov.
     Select the ``forms'' tab. This will open a page within the 
table titled ``SF-424 FAMILY FORMS.''
     Under the column ``Agency Owner'' three quarters down the 
table (52nd row), is listed, Grants.gov--Project Narrative Attachment 
     Click on the blue PDF letters to download the one page 
    When the applicant has successfully downloaded the Project 
Narrative Attachment Form, follow the next steps to upload documents:
     On the Project Narrative Attachment Form, click on the 
button titled ``Add Project Narrative File.''
     Select the Project Narrative that you want to upload and 
click ``open'' to upload the file.
     On the same Project Narrative Attachment Form, you will 
find a grey button titled ``Add Optional Project Narrative File.'' Use 
this button to upload the Budget Narrative, Critical Information Page, 
and the Tribal Resolution as attachments.
    When the applicant has completed uploading the Project Narrative 
and the attachments (Budget, Critical Information Page, and Tribal 
Resolution) to the Project Narrative Attachment Form, the applicant 
will save and name the file using the following format: Tribal Name 
EMDP Grant Attachments.
    Example for naming the Project Narrative Attachment Form file: 
Pueblo of Laguna EMDP Grant Attachments.

Step 4. Submit the Completed EMDP Grant Proposal

    Applicants must submit the Application for Federal Assistance SF-
424 form and the Project Narrative Attachment Form in a single email to 
the email listed in the ADDRESSES section of this notice and:
     State ``EMDP APPLICATION NARRATIVE AND SF-424'' in the 
email subject line; and
     Include ``Attention: Ms. Winter Jojola-Talburt, Deputy 
Chief, Division of Energy and Mineral Development, Office of Indian 
Energy and Economic Development'' in the first line of the email.
    Applications and mandatory attachments received and date-stamped 
after the time listed in the DATES section of this notice will not be 
considered by the Awarding Official. DEMD will accept applications at 
any time before the deadline and will send a notification of receipt to 
the return email address on the application package, along with a 
determination of whether the application is complete.
    Incomplete Applications. Applications submitted without one or more 
of the six mandatory components described above will be returned to the 
applicant with an explanation. The applicant will then be allowed to 
correct any deficiencies and resubmit the proposal for consideration on 
or before the deadline. This option will not be available to an 
applicant once the deadline has passed.

IX. Review and Selection Process

    Upon receiving an EMDP grant proposal, the DEMD will perform a 
preliminary review to determine if it contains the six (6) mandatory 
components. DEMD staff may return a proposal that it deems incomplete 
or ineligible. In appropriate circumstances it may retain the proposal 
but request additional information.
    DEMD will also determine whether the proposed project duplicates or 
overlaps previous or currently funded DEMD technical assistance 
projects. DEMD may request further explanation of Tribes with 
outstanding project funds from previous years.
    Any proposal that is received after the date and time in the DATES 
section of this notice will not be reviewed. If an application is not 
complete and the submission deadline has not passed, the applicant will 
be notified and given an opportunity to resubmit its application.
    The DEMD Review Committee (Committee), comprised of IEED staff, 
staff from other Federal agencies, and subject matter experts, will 
evaluate the proposals against the ranking criteria. Proposals will be 
evaluated using the four ranking criteria listed below, with a maximum 
achievable total of 100 points.
    Final award selections will be approved by the Assistant 
Secretary--Indian Affairs and the Associate Deputy Secretary, DOI. 
Applicants not selected for award will be notified in writing.

X. Evaluation Criteria

    Tribal Executive Summary: 5 points. This criterion will evaluate 
that the summary of the project is succinct but inclusive of key 
aspects of the project, identifies the resource to be evaluated, 
includes summary of Tribal goals and objectives, and total funding 
requested. The Tribal Executive Summary should be an authentic 
representation of the project intent, from the perspective of the 
Tribal applicant. The DEMD review committee will view unfavorably 
proposals that show little evidence or scant regard for the applicant's 
unique circumstances.
    Economic Viability: 30 points. This rating criterion gauges the 
project's capability to attract financing, either through conventional 
loans, grants, or investments. The narrative should therefore address 
the expected source(s) of funding for the project, the project's costs 
and revenues, and its return on investment, potential for job creation, 
payback period, and potential secondary markets.
    Project Viability: 25 points. An application will be evaluated 
under this criterion on how clearly and convincingly it describes the 
project's anticipated outcomes. The application should therefore 
explain whether the project is new or builds on previous work that is 
partially complete. It should describe how the project is phased, how 
long it is expected to complete, and what need or goal the project is 
intended to satisfy or attain. It should also address the Tribe's 
motivation to develop the proposed energy and mineral resource, 
including short and long term benefits to the Tribe. And it should 
identify potential barriers, including but not limited to environmental 
and regulatory obstacles.
    Scope of Work and Deliverables: 30 points. The Committee will rate 
the proposal on the extent to which it provides a clear and concise 
description of the tasks to be performed (in chronological order); 
demonstrates a logical methodology for completing project tasks; 
sufficiently describes all deliverable project products, including all 
technical data to be obtained during the study; and provides 
documentation that the consultants retained possess the requisite 
background and credentials to conduct the study.
    Budget: 10 points. The application's budget narrative should 
clearly describe all major line-item expenditures that are proposed. 
The Committee will rank more highly proposals whose budget narratives 
correlate to a project's scope of work and clearly link each project 
task with a budget line-item and justification.
    EMDP applications will be ranked using only these criteria (as 
described above)--
     Executive Summary: 5 points.
     Economic Viability: 30 points.
     Project Viability: 25 points.
     Scope of Work and Deliverables: 30 points.
     Budget: 10 points.
     Total: 100 points.

XI. Transfer of Funds

    IEED's obligation under this solicitation is contingent on receipt 
of congressionally appropriated funds. No liability on the part of the 

[[Page 55025]]

Government for any payment may arise until funds are made available to 
the awarding officer for this grant and until the recipient receives 
notice of such availability, to be confirmed in writing by the grant 
    All payments under this agreement will be made by electronic funds 
transfer through the ASAP. All award recipients are required to have a 
current and accurate Data Universal Numbering System (DUNS) number to 
receive funds. All payments will be deposited to the banking 
information designated by the applicant in the System for Award 
Management (SAM).

XII. Reporting Requirements for Award Recipients

    The applicant must deliver all products and data required by the 
signed Grant Agreement for the proposed EMDP feasibility study project 
to DEMD within 30 days of the end of each quarter and 90 days after 
completion of the project.
    DEMD requests that all reports be delivered in digital format. 
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 and 
images should be converted to PDF format. Do not convert vector figures 
to raster images. If files are too large to be submitted through 
electronic mail, they may be copied to a CD, DVD or thumb drive and 
mailed. Furthermore, all geological data needs to be uploaded in 
commonly used software (PETRA, etc.).
    Quarterly Reporting Requirements: Quarterly narrative and financial 
status reports are to be submitted to the DEMD project monitor named in 
the award letter for the project, as well as the Grant Officer listed 
in the grant award. The quarterly narrative report can be a one to two 
page summary of events, accomplishments, problems and results that took 
place during the quarter. The quarterly financial status report should 
be submitted as Federal Financial Report, SF 425, and include a listing 
of the funds expended during the quarter, how the funds were spent, and 
the amount remaining. Quarterly reports are due thirty (30) days after 
the end of a project's quarter.
    Final Reporting Requirements: Final narrative and financial reports 
are to be submitted to the DEMD project monitor named in the award 
letter for the project, as well as the Grant Officer listed in the 
grant award. The final narrative report should include, as attachments, 
all other products generated by the EMDP studies. Products include all 
reports and technical data obtained during the study. The final 
financial status report should be submitted as Federal Financial 
Report, SF 425, and include a listing of the funds expended during the 
project, how the funds were spent, and any amount remaining. Final 
reports are due ninety (90) days following the end of the project's 
period of performance.
    In addition, this funding opportunity and financial assistance 
award must adhere to the following provisions:

XIII. Conflicts of Interest


     This section intends to ensure that non-Federal entities 
and their employees take appropriate steps to avoid conflicts of 
interest in their responsibilities under or with respect to Federal 
financial assistance agreements.
    In the procurement of supplies, equipment, construction, and 
services by recipients and by sub-recipients, the conflict of interest 
provisions in 2 CFR 200.318 apply.


     Non-Federal entities must avoid prohibited conflicts of 
interest, including any significant financial interests that could 
cause a reasonable person to question the recipient's ability to 
provide impartial, technically sound, and objective performance under 
or with respect to a Federal financial assistance agreement.
     In addition to any other prohibitions that may apply with 
respect to conflicts of interest, no key official of an actual or 
proposed recipient or sub-recipient, who is substantially involved in 
the proposal or project, may have been a former Federal employee who, 
within the last one (1) year, participated personally and substantially 
in the evaluation, award, or administration of an award with respect to 
that recipient or sub-recipient or in development of the requirement 
leading to the funding announcement.
     No actual or prospective recipient or sub-recipient may 
solicit, obtain, or use non-public information regarding the 
evaluation, award, administration of an award to that recipient or sub-
recipient or the development of a Federal financial assistance 
opportunity that may be of competitive interest to that recipient or 


     Non-Federal entities, including applicants for financial 
assistance awards, must disclose in writing any conflict of interest to 
the DOI awarding agency or pass-through entity in accordance with 2 CFR 
200.112, Conflicts of Interest.
     Recipients must establish internal controls that include, 
at a minimum, procedures to identify, disclose, and mitigate or 
eliminate identified conflicts of interest. The recipient is 
responsible for notifying the Financial Assistance Officer in writing 
of any conflicts of interest that may arise during the life of the 
award, including those that have been reported by sub-recipients.
     Restrictions on Lobbying. Non-Federal entities are 
strictly prohibited from using funds under this grant or cooperative 
agreement for lobbying activities and must provide the required 
certifications and disclosures pursuant to 43 CFR part 18 and 31 U.S.C. 
     Review Procedures. The Financial Assistance Officer will 
examine each conflict of interest disclosure on the basis of its 
particular facts and the nature of the proposed grant or cooperative 
agreement, and will determine whether a significant potential conflict 
exists and, if it does, develop an appropriate means for resolving it.
     Enforcement. Failure to resolve conflicts of interest in a 
manner that satisfies the Government may be cause for termination of 
the award. Failure to make the required disclosures may result in any 
of the remedies described in 2 CFR 200.338, Remedies for Noncompliance, 
including suspension or debarment (see also 2 CFR part 180).

Data Availability

     Applicability. The DOI is committed to basing its 
decisions on the best available science and providing the American 
people with enough information to thoughtfully and substantively 
evaluate the data, methodology, and analysis used by the Department to 
inform its decisions.
     Use of Data. The regulations at 2 CFR 200.315 apply to 
data produced under a Federal award, including the provision that the 
Federal Government has the right to obtain, reproduce, publish, or 
otherwise use the data produced under a Federal award as well as 
authorize others to receive, reproduce, publish, or otherwise use such 
data for Federal purposes.
     Availability of Data. The recipient shall make the data 
produced under this award and any subaward(s) available to the 
Government for public release, consistent with applicable law, to allow 
meaningful third party evaluation and reproduction of the following:
    [cir] The scientific data relied upon;
    [cir] The analysis relied upon; and
    [cir] The methodology, including models, used to gather and analyze 

[[Page 55026]]

XIV. Questions and Requests for IEED Assistance

    DEMD staff may provide technical consultation, upon written request 
by an applicant. The request must clearly identify the type of 
assistance sought. Technical consultation does not include funding to 
prepare a grant proposal, grant writing assistance, or pre-
determinations as to the likelihood that a proposal will be awarded. 
The applicant is solely responsible for preparing its grant proposal. 
Technical consultation may include clarifying application requirements, 
confirming whether an applicant previously submitted the same or 
similar proposal, and registration information for SAM or ASAP.
    DEMD also offers Tribes many in-house technical capabilities and 
services at no charge. These services include: Searching nearby 
reference materials for technical literature on previous investigations 
and work performed in and around reservations; providing well log 
interpretation, including correlation of formation tops, identification 
of producing horizons, and generation of cross-sections; supplying 
technical mapping capabilities, using data from well log formation tops 
and seismic data; providing contour mapping capabilities, including 
isopachs, calculated grids, color-fill plotting, and posting of surface 
features, wells, seismic lines, and legal boundaries; supplying three-
dimensional modeling of mine plans; providing economic analysis and 
modeling for energy and mineral projects; supplying marketing studies 
for various energy and mineral commodities; and offering a preliminary 
opportunity assessment for a renewable energy resource.

XV. Separate Document(s)

     Application for Federal Assistance SF-424 Form.
     Project Narrative Attachment Form (This form includes the 
Project Narrative, Verification of Eligibility, Budget, Tribal 
Resolution, and Critical Information page).

XVI. Paperwork Reduction Act

    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 November 30, 
2022. An agency may not conduct or sponsor, and you are not required to 
respond to, any information collection that does not display a 
currently valid OMB Control Number.

XVII. Authority

    This is a discretionary grant program authorized under the Snyder 
Act (25 U.S.C. 13), the Indian Mineral Development Act of 1982 (25 
U.S.C. 2106), 25 U.S.C. 3502(a)(2)(B), and the Further Consolidated 
Appropriations Act 2020 (Pub. L. 116-94).
    The Snyder Act authorizes the BIA to expend such moneys as Congress 
may appropriate for the benefit, care, and assistance of Indians for 
the purposes listed in the Act. EMDP grants facilitate two of the 
purposes listed in the Snyder Act: ``General support and civilization, 
including education'' and ``industrial assistance and advancement.''
    The Indian Mineral Development Act of 1982 requires that DOI ensure 
that, upon the request of any Indian Tribe or individual Indian and to 
the extent of his available resources, the Tribe or individual Indian 
will have available advice, assistance, and information during the 
negotiation of a Mineral Agreement. Under the Act, the Secretary may 
fulfill this responsibility by providing financial assistance to the 
Indian Tribe or individual Indian to secure independent assistance. 
EMDP grants are issued in response to requests from Tribes who seek 
advice, assistance, and information from independent sources regarding 
their mineral resources and who may contemplate entering into a 
Minerals Agreement with a production company.
    25 U.S.C. 3502(a)(2)(B) authorizes the DOI to provide grants to 
Indian Tribes and Tribal energy 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.
    The Further Consolidated Appropriations Act 2020 authorizes the BIA 
to carry out the operation of Indian programs by direct expenditure, 
contracts, cooperative agreements, compacts, and grants, either 
directly or in cooperation with States and other organizations.

Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2020-19502 Filed 9-2-20; 8:45 am]