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 quali

The ERE program enhances the ability of tribal governments to provide effective stewardship over the lands, water, and air that encompass their native communities.

Eligible applicants include, federally recognized Indian tribes; incorporated non-federally recognized tribes and incorporated state-recognized tribes; Alaska Native villages, as defined in the Alaska Native Claims 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.

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.

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 program subject to 45 CFR Part 75.

Applicants may propose project periods consisting of either 12, 24, or 36 months.

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 competition period. Please see the Notice of Funding Opportunity (NOFO) for more information.

Applicants may find and apply to NOFOs on https://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 NOFO for detailed information for applicants that have received a waiver to submit applications in paper format.

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.

Each application is reviewed against four factors: eligibility, the application deadline, required electronic submission or waiver requested and approved, and the Award Ceiling. If the application does not meet all of these factors, then it is disqualified from the merit review process. After the initial review, applications are reviewed and evaluated by merit review panels using only the criteria described in the Application Review section of the 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. While merit review scores and their ranking are not binding, ACF does consider them when selecting projects for funding. Scores and rankings are only one element used in the award decision-making process. Other criteria are explained in the Program Description section and in the Application Review section of the NOFO. For example, ACF may reserve 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 the geographic distribution of federal funds (e.g., ensuring coverage of states, counties, or service areas) in its pre-award decisions. ACF may elect not to fund applicants with management or financial problems that would indicate an inability to successfully complete the proposed project. In addition, ACF may elect to not allow a prime recipient to subaward if there is any indication that they are unable to properly monitor and manage subrecipients. Applications may be funded in whole or in part. Successful applicants may be funded at an amount lower than requested.

Applicants will receive notice of approval/disapproval approximately 120 days after receipt of application.

Non-competing continuations will be issued based on availability of funds, satisfactory progress, compliance with award terms and conditions and a determination that continuation funding is in the best interest of the federal government. In FY24, new awards will be fully funded and a non-competing continuation will not be required. Recipients may request a 12-month no cost extension to complete projects.

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.