1076-0174 - EMDP Grants Supporting Statement_FINAL

Supporting Statement A

Energy and Mineral Development Program Grants

OMB Control Number 1076-0174

Terms of Clearance: None.

General Instructions

A completed Supporting Statement A must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below, and must contain the information specified below. If an item is not applicable, provide a brief explanation. When the question “Does this ICR contain surveys, censuses, or employ statistical methods?” is checked "Yes," then a Supporting Statement B must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.

Specific Instructions

Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection.

The Energy Policy Act of 2005 authorizes the Secretary of the Interior to provide grants to Indian tribes for energy development and appropriates funds for such grants on a year-to-year basis. See 25 U.S.C. 3502 (a)(2)(B). When funding is available, the Office of Indian Energy and Economic Development (IEED) may solicit applicants for energy development projects from Indian tribes whose lands are held in trust or restricted fee by the Federal government under the Energy and Mineral Development Program (EMDP). Indian tribes that would like to apply for an EMDP grant must submit an application that includes certain information and once funding is received, recipients must submit reports on how they are using the funding.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection. Be specific. If this collection is a form or a questionnaire, every question needs to be justified.

IEED uses the information provided by tribes in their application to determine whether they are eligible for EMPD funding. IEED also uses the application information in conjunction with the information provided in the tribe’s reports to determine whether the tribe is using the funding for the stated purpose of exploration, assessment, development, feasibility, or market studies. The information is not disseminated to the public or used to support information that will be disseminated to the public.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden and specifically how this collection meets GPEA requirements.

IEED accepts applications and progress reports electronically (email), by fax, and by regular mail.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

The information that IEED collects is not available from any other source. The information collected is unique to each tribe and unique to each tribe’s plans for energy exploration, assessment, and development.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

Indian tribes are not considered small entities, but they may finance small businesses that conduct the energy exploration, assessment, and development. To ensure that the burden of providing information is minimized, IEED collects only information that is necessary for it to determine whether a tribe is eligible for funding and whether the funding is being appropriately spent.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

If IEED were unable to conduct this information collection, then tribes would be deprived of funding that is statutorily authorized and appropriated. As a consequence, many tribes that otherwise would be recipients of this funding would not be able to perform exploration, assessment and development of energy resources, depriving them of the opportunity to economically benefit from such resources.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

* requiring respondents to report information to the agency more often than quarterly;

* requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

* requiring respondents to submit more than an original and two copies of any document;

* requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;

* in connection with a statistical survey that is not designed to produce valid and reliable results that can be generalized to the universe of study;

* requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

* that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

* requiring respondents to submit proprietary trade secrets, or other confidential information, unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

There are no circumstances that require IEED to collect the information in a manner inconsistent with OMB guidelines.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and in response to the PRA statement associated with the collection over the past three years, and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

IEED published the 60-day notice soliciting comments in the Federal Register on January 23, 2013 (78 FR 4867). No comments were received in response to this notice.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every three years — even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

The following persons outside the agency were contacted to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported:

• Cynthia Thundercloud, Project Manager, Ho-Chunk Nation Department of Business, P.O. Box 667, W9814 Airport Road, Black River Falls, WI 54615, telephone (800) 255-9466.

• Carol Wyatt, Project Manager, Cherokee Nation – Cherokee Nation Businesses, 777 West Cherokee Nation Businesses, Catoosa, OK 74015, telephone: (918) 384-7873; e-mail: [email protected].

• Frank Black Cloud, Project Manager, Spirit Lake Nation, P.O. Box 99, Fort Totten, ND 58335, telephone: (701) 766-1259, email: [email protected].

In summary, the above persons felt the purpose of the information collection was necessary to obtain EDMP grants. They felt the instructions were clear and easy to understand. All three individuals concurred with the burden hours and had no issues with the frequency in which the applications and progress reports are collected.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

IEED does not provide gifts or payments to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

IEED does not provide any assurance of confidentiality. The information that IEED collects is subject to the requirements of the Privacy Act and the Freedom of Information Act.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

Not applicable. There are no questions of a sensitive nature.

12. Provide estimates of the hour burden of the collection of information. The statement should:

* Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

* If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.

* Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here.

We anticipate receiving approximately 75 applications each year, at 40 hours each, for a total of 3,000 hours. In addition, we anticipate accepting 30 applicants, and each of those project participants will submit a progress report four times a year at 1.5 hours per report, for a total of 180 hours. Therefore, the total annual reporting for this collection is estimated to be 3,180 hours or the amount equivalent to $95,050.

Regulation/ Activity	Annual Number of Responses	Completion Time (hours) Per Response	Total Annual Hours	Hourly Rate*	Hourly Rate w/ Benefits (1.4 multiplier)*	$ Value of Annual Hours
Applications – Tribal Govt	75	40	3,000	$21.35	$29.89	$ 89,670.00
Progress Reports - Tribal Govt	120 (30 respondents at 4 times/year)	1.5	180	$21.35	$29.89	$ 5,380.20
Totals	195		3,180			$95,050.20

*To obtain the hourly rate for tribal government employees, we used the wages and salaries figure for all workers from BLS Release USDL 13-0421, Employer Costs for Employee Compensation—December 2012, Table 1, Employer costs per hour worked for employee compensation and costs as a percent of total compensation: Civilian workers, by major occupational and industry group, December2012. To account for benefits, we then multiplied this rate by 1.4. (See http://www.bls.gov/news.release/pdf/ecec.pdf)

13. Provide an estimate of the total annual non-hour cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected in item 12.)

* The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information (including filing fees paid for form processing). Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

* If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

* Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

We have not identified any non-hour costs associated with this information collection.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.

We estimate the annual cost to the Federal Government to administer this information collection to be $15,730.

Regulation/ Activity	Completion Time (hours)	Total Annual Burden Hours	Hourly Rate*	Hourly Rate w/ Benefits (1.5 multiplier)*	$ Value of Annual Burden Hours
Registration administration	150	150	$32.73	$49.10	$ 7,365.00
Collect and Assess Data	150	150	$32.73	$49.10	$ 7,365.00
Totals		300			$ 14,730

Salary Costs - $14,730 ($49.10 X 300 hours)

*Using the January 2012 GS Salary Schedule, the salary rate for a GS-12/step 5 is $49.10 including benefits ($32.73 hourly rate multiplied by 1.5 to account for benefits).

Other Costs (paper and mailing) - $1,000

15. Explain the reasons for any program changes or adjustments in hour or cost burden.

There are no program changes. Adjustments were made to the hourly burden to reflect the increase in applications submitted, increasing from 55 to 75, and accepted, increasing from 18 to 30.

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

We will not publish the results of this information collection.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

We will display the OMB Control Number and expiration date on all appropriate materials.

18. Explain each exception to the topics of the certification statement identified in "Certification for Paperwork Reduction Act Submissions."

There are no exceptions to the certification statement.