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
Active
Program Number
93.581
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 It is projected that 7 continuations and 6 new awards for a total of 13 ERE grants will be made.
Fiscal Year 2020 No current data is available.
Authorization
The Native American Programs Act of 1974 (NAPA), as amended., Section 803(d), Public Law 93-644, 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.
Beneficiary Eligibility
American Indians, Alaska Natives, Native Hawaiians, and Native American Pacific Islanders will benefit.
Credentials/Documentation
Non-profit organizations must submit proof of non-profit status. 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 SS 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 Funding Opportunity Announcements (FOAs) for more information.
Application Procedure
2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. ACF requires electronic submission of applications at www.Grants.gov. 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 FOA for detailed information for applicants that have received a waiver to submit applications in paper format. 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 FOA for more information. Pre-application coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.
Award Procedure
Applications competing for financial assistance will be reviewed and evaluated by objective review panels 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 ranking are only one element used in the award decision-making process. 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 FOA. ANA's Commissioner has discretion to make all final funding and award decisions.
Deadlines
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
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.
Renewals
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?
Specific criteria for selecting proposals for funding are stated in each FOA. In general, proposals are judged on the basis of relevance to program objectives as stated in the FOA, 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 75.
What are the requirements after being awarded this opportunity?
Reporting
Performance Reports: ANA reviews grantee semiannual and annual reports to determine whether the grantee 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 grantee-submitted reports and through the use of structured on-site interviews using a data collection tool (OMB No. 0970-0379, expiration date 06/30/2022).
Auditing
45 CFR Part 75 Subpart F applies to this program.
Records
Financial records, supporting documents and all other related records pertinent to ANA grants must be maintained in accordance with 45 CFR 361-5.
Other Assistance Considerations
Formula and Matching Requirements
Statutory formula is not applicable to this assistance listing.

Matching is mandatory. 20%. The 20% match (which may include cash or property from a Federal agency other than ANA) 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:
Length and Time Phasing of Assistance
Grantees may apply for non-competing continuation support within a project period. Post award, our Division of Payment Management will establish an account from which a grantee 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
carmelia.strickland@acf.hhs.gov
Phone: (877) 922-9262
Website Address
https://www.acf.hhs.gov/ana
Financial Information
Account Identification
75-1536-0-1-506
Obligations
(Project Grants) FY 18$1,981,267.00; FY 19 est $2,553,745.00; FY 20 est $2,553,745.00; FY 17$1,694,325.00; FY 16$1,478,270.00; -
Range and Average of Financial Assistance
$100,000 - $300,000; average = $182,000 per budget period
Regulations, Guidelines and Literature
All ANA regulations are published in 45 CFR 1336.
Examples of Funded Projects
Fiscal Year 2016 ANA intends to fund similar projects. Grantee: Confederated Tribes of Grand Ronde Project Description: Creating an inventory of Coho salmon, Steelhead and Pacific Lamprey, and Black -tailed deer in order to manage resources through Tribal hunting and fishing regulations. Location: Grand Ronde, OR Project Period: 9/30/2015 - 9/29/2018 FY 2016 Award: $103,828
Fiscal Year 2017 Grantee: Yavapai-Apache Nation Project: Yavapai-Apache Environmental Code Development Project Location: Camp Verde, Arizona Description: The Yavapai-Apache Nation will establish legislation, build institutional capacity, and develop the community awareness necessary to effectively protect, conserve, and enhance the Yavapai-Apache Nation's important environmental and natural resources on behalf of current and future generations of the Nation. Due to current, inadequate laws, compliance and enforcement, community awareness and the understanding to effectively protect, conserve, and enhance the natural, environmental resources, this project will help the community to protect its resources that are currently in danger, now and for future generations of the Yavapai-Apache Nation. Grantee: Cow Creek Band of Umpqua Tribe of Indians Project: Elk Conservation and Restoration Capacity Building Project Location: Roseburg, Oregon Description: The goal of the Elk Conservation and Restoration Capacity Building and Demonstration Project is to enhance the Tribe's capacity to effectively manage elk populations on Tribal lands in order to ensure Tribal members have access to sustainable populations of Roosevelt elk to meet their ongoing cultural, subsistence, and ceremonial needs for generations to come. Due to organizational capacity restraints, Cow Creek Band of Umpqua Tribe of Indian's has been unable to meet goal of managing wildlife populations on Tribal land to provide historical use opportunities, healthy populations, and healthy ecosystems. With this project, Cow Creek will be able to restore traditions that were lost, can continue to empower, and build the community. Grantee: Chippewa Cree Tribe Project: Chippewa Cree Tribe Title XII Environmental Codes Enhancement and Consolidation Project Location: Box Elder, Montana Description: The Chippewa Cree Tribe will centralize all relevant environmental codes into Title XII of the Chippewa Cree Tribal Law and Order Code, enhance the policy and procedures underneath, concurrent or adjacent to said costs; conduct significant public outreach and awareness efforts to involve the community in the reorganization of Title XII, and conduct surface water quality monitoring to enhance the environmental regulatory capacity of the Chippewa Cree Tribe. With this project, the Tribe can overcome the challenges identified for infrastructure, to improve currently conflicting and confusing codes and ordinances, address the lack of community buy-in on enforcement methods; and address the need for surface water monitoring for the community to have clean water.
Fiscal Year 2018 Grantee: Lac Courte Oreilles Band of Lake Superior Chippewa Indians Project: Lac Courte Oreilles Tribal Wetland Program This project’s goal aims to create a Tribal Wetland Management Program that will increase both Lac Courte Oreilles (LCO) community awareness of wetlands and the Tribe’s ability to manage them effectively. Currently, LCO has no Wetland Management Program and therefore no ability to monitor or regulate this natural resource. There are no practices in place to protect tribal wetlands and preserve the high-quality sites that provide LCO community members with subsistence hunting and gathering of culturally important foods and medicines. Beneficiaries of this project will be the 2,300 LCO community members living on the Reservation who will benefit from an increase in wetlands education and the collection of baseline condition data for the 3,500 acres of tribal wetlands. Grantee: Coquille Indian Tribe Project: Indian Trust Asset Management Plan Development Project The project goal is to develop and demonstrate an Indian Trust Asset Management Plan (ITAMP) that exercises the Tribe's sovereignty, embraces the Tribe's stewardship of natural resources, and enhances the Tribe's self-sufficiency. This will be achieved by intensive planning to provide the processes and protocols to allow the Coquille Indian Tribe to develop and deploy forest management practices on their trust lands that are based on the values and visions of the Tribe and their Tribal members. Grantee: Confederated Tribes of Coos, Lower Umpqua, & Siuslaw Indians Project: Stewardship Capacity Building Project The project goal is to enhance and expand the Tribe’s capacity to effectively manage the 14,742 acres of land included in the Western Oregon Tribal Fairness Act in accordance with the Tribe’s visions and values. Key activities will focus on inventories and assessments of lands, developing ordinances, and ensure resulting management strategies are in alignment with Tribal members' vision and values. In January 2018, the Western Oregon Tribal Fairness Act returned 14,742 non-contiguous acres of remote forest lands to the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. The act increased the overall size of the Tribe's land holdings by more than 25 times and the Tribe currently has limited capacity and capability to effectively and efficiently manage the extensive increase in land holdings and resources.
Fiscal Year 2019 ANA intends to fund similar projects.

 


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