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.
Related Programs

Examples of Funded Projects

Fiscal Year 2016: 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: ANA intends to fund similar projects.

Fiscal Year 2018: ANA intends to fund similar projects.


Agency - Department of Health and Human Services

The Department of Health and Human Services is the Federal government's principal agency for protecting the health of all Americans and providing essential human services, especially to those who are least able to help themselves.




Selected Recipients for this Program


RecipientAmount Start DateEnd Date
Confederated Tribes Of Coos, Lower Umpqua And Siuslaw Indian $ 299,279   2018-09-302021-09-29
Lac Courte Oreilles Band Of Lake Superior Chippewa Indians Of Wi $ 122,365   2018-09-302021-09-29
Yurok Tribe $ 300,000   2018-09-302021-09-29
Coquille Indian Tribe $ 299,901   2018-09-302021-09-29
Lower Elwha Tribal Community $ 375,327   2017-09-302020-09-29
Cow Creek Band Of Umpqua Tribe Of Indians $ 351,094   2017-09-302020-09-29
Makah Indian Tribe Of The Makah Indian Reservation $ 374,917   2017-09-302020-09-29
Yavapai Apache Nation $ 211,884   2017-09-302019-09-30
Native Village Of Ekwok $ 352,805   2016-09-302019-09-29
Chippewa Cree Tribe Of The Rocky Boy Reservation, The $ 357,857   2017-09-302019-09-29



Program Accomplishments

Fiscal Year 2016: ANA awarded 4 ERE projects, with 5 ERE continuations. Fiscal Year 2017: In FY 2017 it is projected that 8 continuations and 4 new awards for a total of 12 ERE grants will be made. Fiscal Year 2018: No Current Data Available.

Uses and Use Restrictions

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.

Funding cannot be used for the following purpose or activities: purchase of real property; costs of organized fundraising, reimbursement of pre-award costs, and activities that qualify as major renovations and alterations.

Further details regarding ineligible applicants and activities can be found in the ANA regulations at 45 CFR 1336.33.

In addition, activities in support of any foreseeable litigation against the United States Government are unallowable per 45 CFR 75.435.

Eligibility Requirements

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

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.

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 four categories of community representation, which include: (1) members of federally or state-recognized tribes; (2) persons eligible to be a participant in, or beneficiary of, the project to be funded; (3) persons who are recognized by members of the eligible Native American community to be served as having a cultural relationship with that community; or (4) 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. 2 CFR 200, Subpart E - Cost Principles applies to this program.

Aplication and Award Process

Preapplication Coordination

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 for more information.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

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, Standard Forms, assurances, and certifications are available at the ACF Funding Opportunities Forms webpage at http://www.acf.hhs.gov/grants-forms. 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 announcement 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 Procedures

All funds are awarded directly to the grantees.

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Authorization

The Native American Programs Act of 1974 (NAPA), as amended. , Section 803(d), Public Law 93-644, 42 U.S.C 2991b(d).

Range of Approval/Disapproval 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 upon a finding of ineligibility for funding and are subject to ANA regulations at 45 CFR 1336.35 and HHS regulations in 45 CFR 16.

Renewals

Other - Not Specified.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula. Matching Requirements: Percent: 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 does not have MOE requirements.

Length and Time Phasing of Assistance

Grantees may apply for non-competitive continuation support within a project period. See the following for information on how assistance is awarded/released: Annually.

Post Assistance Requirements

Reports

Program reports are not applicable.

Cash reports are not applicable.

ANA grantees are required to report project progress using the Objective Progress Report (OPR) (OMB No.

0970-0452, expiration date 06/30/2018) and the SF-425 on a semi-annual basis which are submitted electronically.

In addition, grantees will be required to submit an Annual Data Report (ADR) (OMB No.

0970-0475, expiration date 03/31/2019) to report project data once a year and at the end of the project period.

The SF-425 is also required to be submitted annually and at the end of the project period.

ANA reviews grantee semiannual and annual reports to determine whether the grantee is meeting its project goal and objectives and completing activities identified in the Objective Work Plan (OWP) as well as to evaluate project effectiveness.

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 07/31/2019).

The Federal Financial Report (FFR), also known as SF-425, is required to be submitted on a semi-annual basis.

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 07/31/2019).

Audits

This program is excluded from coverage under 2 CFR 200, Subpart F - Audit Requirements. In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503.

Records

Financial records, supporting documents and all other related records pertinent to ANA grants must be maintained for a period of 3 years. If an audit is not completed by the end of 3-year period, or if audit findings have not been resolved, records shall be retained until resolution of the audit findings.

Financial Information

Account Identification

75-1536-0-1-506.

Obigations

(Project Grants) FY 16 $1,478,270; FY 17 est $1,585,530; and FY 18 est $1,585,530

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.

Information Contacts

Regional or Local Office

None.

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 , District of Columbia 20024 Email: carmelia.strickland@acf.hhs.gov Phone: (877) 922-9262

Criteria for Selecting Proposals

Specific criteria for selecting proposals for funding are stated in each Funding Opportunity Announcement. In general, proposals are judged on the basis of relevance to program objectives as stated in the Funding Opportunity Announcement, project viability, community support, reasonable cost estimates, and qualifications of applicant organization and personnel.



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