Improving the Capability of Indian Tribal Governments to Regulate Environmental Quality


The purpose of the Environmental Regulatory Enhancement (ERE) program is to provide funding for the costs of planning, developing, and implementing programs designed to improve the capability of tribal governing bodies to regulate environmental quality pursuant to federal and tribal environmental laws. The ERE program supports the principle that projects must follow tribal cultural preservation and natural resource management priorities in order to achieve environmentally healthy, sustainable Native American and Alaska Native communities. The Administration for Native Americans (ANA) is therefore interested in supporting locally designed projects that strengthen tribal environmental regulatory programs in a manner consistent with the goals of native communities.

General information about this opportunity
Last Known Status
Program Number
Federal Agency/Office
Administration For Children and Families, Department of Health and Human Services
Type(s) of Assistance Offered
B - Project Grants
Program Accomplishments
Fiscal Year 2016 In FY2016, it is anticipated that 8 continuations and 4 new awards for a total of 12 ERE grants will be made. ANA awarded 4 ERE projects, with 5 ERE continuations.
Fiscal Year 2017 In FY 2017, 8 continuations and 5 new awards for a total of 13 ERE grants were made.
Fiscal Year 2018 9 continuations and 4 new awards for a total of 13 ERE grants were made.
Fiscal Year 2019 7 New and 8 Non-Competing Continuations were awarded.
Fiscal Year 2020 The Environmental Regulatory Enhancement program received 12 applications and awarded 5 new grants. In addition, 11 non-competing continuations were issued.
Fiscal Year 2021 ERE program awarded 6 new grants. In addition, 10 non-competing continuation grants were issued.
Fiscal Year 2022 The ERE program issued 4 new awards, and 8 non-competing continuation awards were issued.
Fiscal Year 2023 It is anticipated that 7 new awards, and 7 non-competing continuation awards will be issued.
Fiscal Year 2024 It is anticipated that 7 new awards, and 7 non-competing continuation awards will be issued.
The Native American Programs Act of 1974 (NAPA), as amended, Section 803(d), 42 U.S.C. 2991b(d)
Who is eligible to apply/benefit from this assistance?
Applicant Eligibility
Eligible applicants include, federally recognized Indian tribes; consortia of Indian tribes; incorporated non-federally recognized tribes; incorporated state-recognized tribes; Alaska Native villages, as defined in the Alaska Native Claims Settlement Act (ANCSA) and/or non-profit village consortia; non-profit Alaska Native regional corporation/associations in Alaska with village specific projects; other tribal or village organizations or consortia of Indian tribes; and Tribal governing bodies (IRA or traditional councils) as recognized by the Bureau of Indian Affairs. Applications from individuals (including sole proprietorships) and foreign entities are not eligible. Faith-based and community organizations that meet the eligibility requirements are eligible to receive awards.
Beneficiary Eligibility
American Indians, Alaska Natives, Native Hawaiians, and Native American Pacific Islanders will benefit.
For applicants that are not Tribes or Native Alaska villages, organizations applying for funding must show that a majority of board members are representative of a Native American community to be served. Applicants must submit documentation that identifies each board member by name and indicates his/her affiliation or relationship to at least one of ANA's three categories of community representation, which include: (1) members of federally or state-recognized tribes; (2) persons who are recognized by members of the eligible Native American community to be served as having a cultural relationship with that community; or (3) persons considered to be Native American as defined in 45 CFR ? 1336.10 and Native American Pacific Islanders as defined in Section 815 of the Native American Programs Act. Applicants that do not include this documentation will be considered non-responsive, and the application will not be considered for competition.
What is the process for applying and being award this assistance?
Pre-Application Procedure
Preapplication coordination is required. Pursuant to 45 CFR 1336.35, all applicants must submit documentation demonstrating that the governing body of the organization on whose behalf the application is submitted approves the application’s submission to ANA for the current grant competition period. Please see the Notice of Funding Opportunity (NOFO) for more information.
Application Procedure
2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. Applicants may find and apply to NOFOs on Paper applications received from applicants that have not been approved for an exemption from required electronic submission will be disqualified from competitive review. Applicants that do not have an Internet connection or sufficient computing capacity to upload large documents to the Internet may contact ACF for an exemption that will allow the applicant to submit applications in paper format. See NOFO for detailed information for applicants that have received a waiver to submit applications in paper format.
Award Procedure
Each application will be screened to determine whether it meets any of the disqualifying factors: missing the application deadline, required electronic submission or waiver requested and approved, or exceeding the Award Ceiling. Disqualified applications are considered to be "non-responsive" and are excluded from the competitive review process. Applications competing for financial assistance will be reviewed and evaluated by objective review panels using only the criteria described in Section V.1. Criteria of this NOFO. Each panel is composed of experts with knowledge and experience in the area under review. Generally, review panels include three reviewers and one chairperson. Results of the competitive objective review are taken into consideration by ACF in the selection of projects for funding; however, objective review scores and rankings are not binding. Scores and rankings are only one element used in the award decision-making process. If identified in Section I. Program Description, ACF reserves the right to consider preferences to fund organizations serving emerging, unserved, or under-served populations, including those populations located in pockets of poverty. In addition, ACF reserves the right to evaluate applications in the larger context of the overall portfolio by considering geographic distribution of federal funds (e.g. ensuring coverage of states, counties, or service areas) in its pre-award decisions. ANA's staff will perform an internal review and analysis of the applications ranked highest as a result of the panel's review and scoring. This internal review is used to determine the application's consistency with the purposes of the Native American Programs Act (NAPA), all relevant statutory and regulatory requirements, and the requirements of the relevant NOFO. ANA's Commissioner has discretion to make all final funding and award decisions.
Contact the headquarters or regional location, as appropriate for application deadlines
Approval/Disapproval Decision Time
From 120 to 180 days. Applicants will receive notice of approval/disapproval approximately 120 days after receipt of application.
Appeals are only available for unsuccessful applicants upon a finding of ineligibility for funding and are subject to ANA regulations at 45 CFR 1336.35. For existing recipients, appeals in regards to disputes may take place in accordance with 45 CFR Part 16, subject to the limitations of the Appendix A.
Non-competing continuations will be issued based on availability of funds, satisfactory progress, compliance with grant terms and conditions and a determination that continuation funding is in the best interest of the federal government.
How are proposals selected?
The criteria for selecting proposals will be published in the NOFO. In general, proposals are judged on the basis of relevance to program objectives as stated in the NOFO, project viability, community support, reasonable cost estimates, and qualifications of applicant organization and personnel.
How may assistance be used?
Funds may be used for: providing training and education to employees responsible for enforcing or monitoring compliance with environmental quality laws; developing tribal laws, regulations, and ordinances to protect the environment; enforcing and monitoring environmental quality laws, regulations, and ordinances; establishing baseline condition for regulatory purposes; informing the community about regulations and environmental stewardship; building the technical and program capability of the tribe or organization to perform essential environmental program functions to meet tribal and federal regulatory requirements; and establishing demonstration projects to exhibit technologies, which can lead to compliance with environmental regulations. This is a discretionary grant program subject to 45 CFR Part 75.
What are the requirements after being awarded this opportunity?
Performance Reports: ANA reviews recipient semiannual and annual reports to determine whether the recipient is meeting its goal and objectives and completing activities identified in the OWP. If progress concerns are identified, ANA may require quarterly reports. In addition, ANA is required to describe and measure the impact of funded projects, their effectiveness in achieving stated goals, their impact on related programs, and when feasible, to obtain the views of persons participating in and served by funded projects. ANA carries out this requirement through review of recipient-submitted reports and through the use of structured on-site interviews using a data collection tool (OMB No. 0970-0379, expiration date 06/30/2025).
45 CFR Part 75 Subpart F applies to this program.
All records are to be maintained in accordance with 45 CFR 75.361-365.
Other Assistance Considerations
Formula and Matching Requirements
Statutory formula is not applicable to this assistance listing.

Matching is mandatory. 20%. The 20% match is required unless waived in accordance with criteria published in 45 CFR 1336.50.

This program has MOE requirements, see funding agency for further details. Additional Information: A sample of a standard Maintenance of Effort (MOE) certification is available in the application instructions for this NOFO at Applicants self-certify their maintenance of effort.
Length and Time Phasing of Assistance
Applicants may propose project periods consisting of either 12, 24, or 36 months. Recipients may apply for non-competing continuation support within a project period up to 36-months. Post award, our Division of Payment Management will establish an account from which a recipient may draw down award funds.
Who do I contact about this opportunity?
Regional or Local Office
None/Not specified.
Headquarters Office
Carmelia A. Strickland
Administration for Native Americans,
Administration for Children and Families,
Department of Health and Human Services,
Mary E. Switzer Building,
330 C Street SW.
Washington , DC 20201 US
Phone: (877) 922-9262
Website Address
Financial Information
Account Identification
(Project Grants) FY 22$2,287,964.00; FY 23 est $2,962,647.00; FY 24 est $2,962,647.00; FY 21$2,947,724.00; FY 20$2,880,393.00; FY 19$2,751,119.00; FY 18$1,981,267.00; FY 17$1,694,325.00; FY 16$1,478,270.00; -
Range and Average of Financial Assistance
For FY 22, the range is $100,000 - $300,000 with an average of $182,000 per budget period.
Regulations, Guidelines and Literature
All ANA regulations are published in 45 CFR 1336.
Examples of Funded Projects
Not applicable.


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