Minerals and Mining on Indian Lands (15.038)

 

Program

15.038 Minerals and Mining on Indian Lands

 

Federal Agency

BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

Authorization

Indian Self-Determination and Education Assistance Act, Public Law 93-638, as amended, 25 U.S.C. 450; Snyder Act of 1921, Public Law 67-85, 42 Stat. 208, 25 U.S.C. 13; Indian Minerals Development Act, Public Law 97-382, 98 Stat. 1938, 25 U.S.C. 2101 et seq.; Umatilla Basin Project Act, Public Law 101-557, 16 U.S.C. 1271 et seq.

 

Program Number

15.038

 

Last Known Status

Active

 

Objectives

To assist and support the inventory and prudent development of energy and mineral resources on Indian lands.

 

Types of Assistance

Direct Payments for Specified Use; Provision of Specialized Services; Dissemination of Technical Information.

 

Uses and Use Restrictions

Minerals and Mining: Funding may be used to facilitate the inventory, development, and production of nonrenewable resources on Indian lands. Mineral Assessments: Funds are awarded competitively to support inventory programs and/or develop baseline data, but cannot be used for development purposes.

 

Eligibility Requirements

Applicant Eligibility

Federally Recognized Indian Tribal Governments and Native American Organizations authorized by Indian tribal governments.

Beneficiary Eligibility

Federally Recognized Indian Tribal Governments and their members, Native American Organizations, and/or individual American Indian mineral property owners.

Credentials/Documentation

Minerals and Mining: Initial application for assistance must be accompanied by a resolution of the governing body of the Indian tribe. Mineral Assessments. Proposals must include: 1) a current tribal resolution authorizing the proposed project; 2) a proposal describing the proposed activities and the planned deliverable products; 3) a detailed budget estimate; and 4) a letter from the BIA Agency Superintendent verifying that the work to be performed is on trust lands.

 

Application and Award Process

Preapplication Coordination

Informal preapplication conference is recommended. Technical assistance in preparing the application is available upon request. This program is excluded from coverage under E.O. 12372.

Application Procedure

Initial applications for financial assistance must contain the information specified in 25 CFR, Part 900, Subpart C, "Contract Proposal Contents." Completed applications for Minerals and Mining should be submitted to the local BIA agency office listed in Appendix IV of the Catalog.

Award Procedure

Minerals and Mining: In most cases, awards can be approved at the agency level. In some instances, the application will be forwarded to the Regional Director for approval. The dollar value of awards depends upon the amount that has been prioritized by the individual tribe through tribal participation in the BIA's budget formulation process. Mineral Assessments. Proposals are paneled by the Office of Trust Responsibilities. Funds are awarded according to the order of ranking of the proposals.

Deadlines

Minerals and Mining: Proposals may be submitted at any time. Mineral Assessments: Proposals must be submitted within 90 days of the original solicitation, usually in December.

 

Range of Approval/Disapproval Time

Appeals

An unsuccessful applicant may request an informal conference with the deciding official, or may appeal the denial of the application to the Interior Board of Indian Appeals, or may bring suit in U.S. District Court. Full appeal procedures are found in 25 CFR, Part 900.

Renewals

Minerals and Mining: Awards may be renewed indefinitely upon satisfactory performance by the contractor/grantee. A notice of intent to renew should be submitted at least 90 days prior to the expiration of the current award. Mineral Assessments: Awards are non- renewable.

 

Assistance Considerations

Formula and Matching Requirements

Not applicable.

Length and Time Phasing of Assistance

Awards are made on an annual basis and the funds remain available until expended by the contractor/grantee. Payments may be made in advance or by way of reimbursement. The timing of payments is negotiated with the grantee.

 

Post Assistance Requirements

Reports

Financial status reports, SF 269A, are required. The timing and nature of program accomplishment data will be negotiated with the contractor/grantee. Technical reports describing project outcomes are defined as deliverables in a Mineral Assessment award and the data generated must be presented in a compatible computer format as specified by the Division of Energy and Mineral Resources.

Audits

For awards made under this program, grantees and subgrantees are responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 et seq.).

Records

Financial records must be retained for 3 years from the date of submission of the single audit report. Procurement records must be retained for 3 years from the date of final payment. Property records must be retained for 3 years from the date of disposition, replacement, or transfer. Records pertaining to any litigation, audit exceptions, or claims must be retained until the dispute has been resolved. For Mineral Assessment awards, one paper copy of all data (field data, processed data, analyses, assays, etc.) must be submitted at completion of contract.

 

Program Accomplishments

Minerals and Mining facilitates over $200 million in annual minerals income to tribes and allottees. Between 25 and 35 Tribes request Mineral Assessment projects annually; generally 10 to 15 projects are funded.

 

Financial Information

Account Identification

14-2100-0-1-302.

Obligations

(Total Amount of Awards) FY 02 $560,000; FY 03 est $538,000; and FY 04 est $1,003,000.

Range and Average of Financial Assistance

Minerals and Mining: Currently not contracted by any of the tribal governments. Mineral Assessments: $25,000 to $150,000; $75,000.

 

Regulations, Guidelines and Literature

25 CFR, Part 900 and Subchapter I - Energy and Minerals.

 

Related Programs

15.222, Cooperative Inspection Agreements with States and Tribes; 15.252, Abandoned Mine Land Reclamation (AMLR) Program.

 

Information Contacts

Regional or Local Office

Applications may be filed with the local Bureau of Indian Affairs' agency office as listed in Appendix IV of the Catalog.

Headquarters Office

Office of Trust Responsibilities, Division of Energy and Minerals, Bureau of Indian Affairs, 12136 W. Bayaud Ave, Suite 300, Lakewood, CO 80228. Telephone: (303) 969-5270, ext. 234. Contact: Kim Snyder.

Web Site Address

http://www.doi.gov/bia/otrhome.htm#Energy

 

Examples of Funded Projects

Projects support tribal leasing and accounting staffs, feasibility studies and mining plans, lease compliance on oil and gas contracts; environmental reviews, training, and oil and gas inspection and enforcement. Mineral Assessments include seismic exploration, inventories of existing geophysical and geological data, development of an oil and gas resource database and mapping system, and evaluation and assessment of mineral resources.

 

Criteria for Selecting Proposals

Minerals and Mining: All applicants meeting the criteria in 25 CFR part 900 will be funded. Mineral Assessments. Proposals are evaluated according to technical merits of the mandatory elements of the proposal. Additionally, selection criteria for ranking contain three major factors: mineral potential; commodity marketability; and potential benefit.