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93.581 IMPROVING THE CAPABILITY OF INDIAN TRIBAL GOVERNMENTS TO REGULATE ENVIRONMENTAL QUALITY

FEDERAL AGENCY
ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

AUTHORIZATION
Native American Programs Act of 1974, as amended, Public Law 93-644, 88 Stat. 2334, 42 U.S.C. 2991b; Indian Environmental Regulatory Enhancement Act, Public Law 101-408, 104 Stat. 883.

OBJECTIVES
To provide financial assistance to advance tribal capacity and capability to plan for, develop, and implement enhancements to the tribal environmental regulatory infrastructure required to support a tribe's environmental goals.

TYPES OF ASSISTANCE
Project Grants.

USES AND USE RESTRICTIONS
Funds may be used for planning, developing and implementing tribal environmental regulatory programs through competitive grants. Types of allowable activities are: to regulate and enforce environmental activities on Indian lands; to develop regulations, ordinances and laws to protect the environment; to develop the technical and program capacity to carry out a comprehensive tribal environmental program and perform essential environmental program functions; to promote training and education of tribal employees; to develop technical and program capability to meet tribal and Federal regulatory requirements; to develop technical and program capability to monitor compliance and enforcement of tribal environmental regulations, ordinances, and laws; and to ensure the tribal court system enforcement requirements are developed in concert with and support the tribe's comprehensive environmental program.

Applicant Eligibility
The following organizations are eligible to apply: Federally-recognized Indian tribes; consortia of Indian tribes; incorporated nonfederally-recognized Tribes; Alaska Native villages as defined in the Alaska Native Claims Settlement Act (ANCSA) and/or nonprofit village consortia; and tribal governing bodies (IRA or traditional councils) as recognized by the Bureau of Indian Affairs.

Beneficiary Eligibility
American Indians and Alaska Natives.

Credentials/Documentation
None.

Preapplication Coordination
None. This program is excluded from coverage under E.O. 12372.

Application Procedure
Information regarding the availability for grant funds will be published from time to time in the Federal Register as Program Announcements, which will provide details on program objectives for which applications are being solicited and other application requirements. The Administration for Native Americans will provide each applicant with the appropriate forms for the application for Federal Assistance and instructions for applying for grants from Administration for Native Americans programs. Applications should be submitted to Administration for Children and Families, Office of Grants Management, Division of Discretionary Grants, 370 L'Enfant Promenade, SW., Washington, DC 20447.

Award Procedure
All funds are awarded directly to the grantees.

Deadlines
Each program announcement specifies the due dates for submission of applications.

Range of Approval/Disapproval Time
Applicants will receive notice of approval/disapproval approximately 120 days after receipt of application.

Appeals
Appeals are processed in accordance with HHS regulations in 45 CFR Part 16.

Renewals
None.

Formula and Matching Requirements
This program has no statutory formula for distribution of funds. A matching share of 20 percent is required unless waived in accordance with criteria which are also published 45 CFR Part 1336.50.

Length and Time Phasing of Assistance
Grantees may apply for competitive continuation support within a project period of 1 to 3 years.

Reports
Quarterly Financial Status Reports, Report of Federal Cash Transactions, and Project Progress Reports are required.

Audits
Audits are conducted in accordance with the requirements in 45 CFR 74 and 92.

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.

Account Identification
75-1536-0-1-506.

Obligations
(Grants) FY 07 $1,200,000; FY 08 $1,500,000; and FY 09 est $1,500,000.

Range and Average of Financial Assistance
(Grants) $50,000 to $250,000.

PROGRAM ACCOMPLISHMENTS
In fiscal year 2007, 7 new grants were awarded to support projects to assist tribal governments in planning, developing and implementing tribal environmental programs which are consistent with tribal culture including: development and implementation of procedures related to land use permits and plans; strengthening the capacity of tribal governance to adjudicate environmental cases in tribal court; development of tribal environmental codes or policies; development of tribal capacity to monitor compliance with EPA regulations. It is anticipated that 7-10 new grants will be awarded in fiscal years 2008 and 2009.

REGULATIONS, GUIDELINES, AND LITERATURE
Regulations are published in 45 CFR 1336.

Regional or Local Office
None.

Headquarters Office
Administration for Native Americans, Department of Health and Human Services, Mail Stop Aerospace Center 2th Floor-West 370 L'Enfant Promenade, S.W., Washington, DC 20447. Contact: Director of Program Operations, (877) 922-9262

Web Site Address
http://www.acf.hhs.gov/programs/ana/.

RELATED PROGRAMS
66.600, Environmental Protection Consolidated Grants-Program Support.

EXAMPLES OF FUNDED PROJECTS
None.

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


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)