The Navajo Abandoned Mine Lands Reclamation Department (NAMLRD) is requesting proposals for AMLER funding for Fiscal Years 2022, 2023, and 2025. Proposals must come from Navajo communities impacted by coal mining, and projects must be located on Navajo Tribal Trust Lands.
Deadline for proposals is no later than 4:00 PM (MDST), Friday, July 17, 2026.
Proposal Must Include
1. ELIGIBILE PROJECTS
Unreclaimed coal priority 1, 2, 3 listed in eAMLIS; Previously reclaimed AML and polluted waters; lands adjacent to unreclaimed or previously reclaimed AML sites and community impacts from coal production prior to 1977, active coal mines are ineligible and abandoned uranium and other mineral mines are excluded. Demonstrate your projects eligibility.
2. ENVIRONMENTAL ASSESSMENT
In accordance with NEPA regulations, AMLER project approval is a major “Federal action” that requires NEPA analysis because AMLER projects are “Federally assisted activities” that allocate Federal funds that must be “approved”. The Consolidated Appropriations Act, 2023, authorizes OSMRE to allocate funding to the Navajo Nation for eligible projects that involve AML reclamation and related economic and community development activities. There are three types of environmental reviews required for Federal action: 1) Categorical Exclusion (CE); or 2) Environmental Assessment (EA), which may result in a Finding of No Significant Impact (FONSI); or 3) Environmental Impact Statement (EIS) and a Record of Decision (ROD).
a. Categorical exclusions: A “category of actions that DOI has determined normally do not have a significant effect on the human environment”, therefore do not require the preparation of either an EA or an EIS unless an extraordinary circumstance is identified. OSMRE’s list of CEs is contained in the DOI Departmental Manual (DM), Chapter 13 [516 DM 13.5 (33)], and applies to AML reclamation projects that meet specific criteria.
b. Environmental Assessment: If a CE does not apply to a proposed major Federal action and if the agency does not know whether the proposed action will significantly affect the quality of the human environment, then an EA must be prepared. The EA determines whether a Federal action has the potential to cause significant environmental effects. If no significant environmental effect is found, the decision document will result in a FONSI and the project may continue. However, if a significant effect is found, then the project must go through the more rigorous EIS process.
c. Environmental Impact Statement: If the proposed major Federal action will significantly affect the quality of the human environment, NEPA requires the preparation of an EIS to assess, among other things, the potential environmental impacts of the proposal and alternatives to the proposed action. See 42 U.S.C. § 4332; Once an agency reaches a final decision on the action it wishes to take (i.e., the proposed action or an alternative), it creates a ROD, which is the conclusion of the EIS process.
The Proposer is responsible for submitting an Environmental Assessment (EA) dated no earlier than five years prior to 2025. The EA must specifically address the proposed project actions.
3. ECONOMIC or COMMUNITY DEVELOPMENT NEXUS
Demonstrate how the proposed project is intended to incorporate economic and community development related activities as part of the project itself (Category A projects); or primarily involve reclamation activities that create the conditions for future economic and community development that occurs post-reclamation (Category B projects). Identify which Category your project falls into based on the description below and summarize.
a. Category A Projects (coal reclamation with development): Project includes both an eligible AML Coal Reclamation with economic and community development activities likely to result in positive, measurable economic and community development outcomes. Proposers will be required to report economic benefits and performance measures associated with awarded projects, distinguish between post-project measures of future economic development in the medium to long-term, and short-term measures associated with economic development activities (e.g., infrastructure construction). Describe jobs/business/infrastructure created, community/household served; reclamation achieved; number of new/existing workers or students served, number of visitors (overnights/daytime).
b. Category B Projects (coal reclamation for potential development): Project likely to create favorable conditions for the community / economic development of the project site or promote the general welfare through economic and community development of the area where the project is conducted. Document planned economic / community development after coal reclamation is completed and land use for industrial, commercial, residential, agricultural, or recreational purposes. Provide documentation for community support such as letters, resolutions, public meetings, etc. These will be required for Authorization to proceed.
4. AMLER PROJECT DEVELOPMENT
Provide summary level information about the project’s purpose, cost estimates, partnerships. Explain any environmental, design / engineering monitoring, construction oversight, inspection, and long-term site maintenance post construction. For construction phase, provide 11” x 14” 100% design construction documents with project cost estimates prepared for bidding (any construction documents older than 2 years will not be accepted).
a. Identify stakeholder / partnership / lead agency roles and responsibilities, including information of sub recipient / sub-grantees taking the project lead, their involvement, roles, responsibilities, organizational charts and activities. The lead agency and proposer are responsible for project reporting monthly, quarterly, and annually, including budget tracking, expenditure reports, project status, and timeline updates. The project is subjected to annual audits by the US Office of the Inspector General, and the US Office of the General Accounting Office.
b. Explain expected economic benefits, performance measures of the AMLER project by providing details on the business created, number of jobs created, communities served, infrastructure created, visitor statistics, etc. After grant is completed, recipients will continue to account for statistics including revenue generated, patients/organizations/participants served; enhanced or restored infrastructure, reclamation achieved, or quantifiable recreation opportunities; environmental benefits.
5. USE OF FUNDS AND LEVERAGING OTHER FUNDING SOURCES
Recipients must comply with all applicable Federal grant award requirements, including but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. part 200) and the Financial Assistance Interior Regulation (FAIR) (2 C.F.R. part 1402). Identify other leverage funding sources to be used in conjunction with AMLER funds. Matching funds are not required to be eligible for AMLER grants, Navajo AML encourages applicants to leverage other resources, or provide in-kind contributions to demonstrate project viability and stakeholder buy-in.
a. List amount of funds, scope for funds, and expiration dates; breakdown cost across planning, design and construction phases. Explain how, when, where, and for what reclamation, economic development, or community development purposes AMLER funds will be used in the overall project cost (itemized budget breakdown).
6. PUBLIC ENGAGEMENT
Must demonstrate project specific public engagement and community support, Community Land Use Planning Compliance, community meetings Chapter Resolutions, partnership, and public / media documentation.
7. Build American, Buy America Act
Per P.L. 117-58, subsection 70914. All sub awards and all contracts or purchase orders for work or products must comply. The Build America, Buy America (BABA) Act requires the head of each Federal agency to ensure that "none of the funds made available for a Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” The BABA Act allows the head of each Federal agency to waive its requirements under certain circumstances. A general applicability waiver was approved for DOI on July 13, 2022; however, that waiver expired on January 12, 2023. Consequently, BABA Act terms and conditions must now be included in all subawards and all contracts or purchase orders for work or products unless another active BABA waiver applies. For current DOI BABA Act waivers, please refer to the list or for additional general information about complying with the BABA Act is available at: https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. Describe how the Project Lead Agency will comply with BABA.
8. PURCHASE OF REAL PROPERTY
Real property means land or an interest in land, such as an easement. Real property may include land improvements, structures, and appurtenances thereto, but excludes moveable machinery and equipment. OSMRE recognizes that on rare occasions it may be necessary to acquire land using AMLER funds to facilitate the accelerated economic development of an AMLER project. Applicant should clearly demonstrate in the proposal that acquisition of the property is necessary to achieve the goals of the AMLER project. If AMLER funds purchase an interest in real property, the SF-429-B, Request to Acquire, Improve, or Furnish, must be submitted to OSMRE. All aspects of the purchase must be in compliance with applicable laws and regulations relating to real estate purchases. When such purchases occur, while OSMRE does not typically become the owner of the land, OSMRE does retain an interest. At a minimum, that interest is to ensure that Navajo AML maintains the land in accordance with the purpose and conditions set out in the financial assistance award. When the land is no longer needed or utilized for that purpose, in accordance with 2 C.F.R. part 200, the Navajo AML will dispose of or revert title to the land in accordance with disposition instructions provided by OSMRE.
a. The Federal contribution from the AMLER funds to the purchase price of the property must not exceed the fair market value appraised.
b. The deed of transfer must specify that the property will be used for the purposes of the AMLER project. If the non-Federal entity dissolves or is unable to continue managing the property as intended, the property must be transferred (with the original deed restrictions) to another non-Federal entity with the same goals. The new non-Federal entity must continue to operate and maintain the property as appropriate. The deed of transfer must also specify that if the property is no longer needed for the purposes stated in the deed, the owner will notify and consult with State/Tribal AML Program and OSMRE for appropriate disposition instructions.
c. Navajo AML requires that the recipient submit a report annually on the status of real property acquired using AMLER funds for the period of time in which the Federal government retains an interest.