Tribal Courts-Trust Reform Initiative (15.147)

 

Program

15.147 Tribal Courts-Trust Reform Initiative

 

Federal Agency

BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

Authorization

Indian Self-Determination and Education Assistance Act, Public Law 93-638, as amended, 25 U.S.C. 450 et seq.; American Indian Trust Fund Management Reform Act of 1994, Public Law 103-412, 25 U.S.C. 4001 et seq.

 

Program Number

15.147

 

Last Known Status

Active

 

Objectives

To provide grant funds to Federally Recognized Indian Tribal Governments that operate a judicial branch of government which has assumed the increased responsibilities required by 25 CFR Part 115-- Trust Funds for Tribe and Individual Indians, to ensure the effective management of trust fund accounts.

 

Types of Assistance

Project Grants.

 

Uses and Use Restrictions

Under 25 CFR Part 115, tribal courts may assume responsibility for appointing guardians, determining competency, awarding child support from Indian Individual Money (IIM) accounts, determining paternity, sanctioning adoptions, marriages and divorces, making presumptions of death, and adjudicating claims involving trust assets. Funds under this program may be used for salaries and related expenses of tribal court judges, prosecutors, defenders, clerks of court, probation officers, juvenile officers, and other court personnel. However, funds provided are specifically made available to tribal courts that assume the additional responsibility under 25 CFR Part 115 and are not intended to be used as general operating funds for a judiciary and may not be reprogrammed for other tribal uses.

 

Eligibility Requirements

Applicant Eligibility

Federally Recognized Indian Tribal Governments that operate a judicial branch of government which has assumed the increased responsibilities required by 25 CFR Part 115.

Beneficiary Eligibility

Federally Recognized Indian Tribal Governments that operate a tribal judicial branch which has assumed the increased responsibilities required by 25 CFR Part 115 and its members, and American Indians.

Credentials/Documentation

Application must be accompanied by an authorizing resolution of the governing body of the Federally Recognized Indian Tribal Government.

 

Application and Award Process

Preapplication Coordination

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

Application Procedure

A notice of fund availability will be published in the Federal Register to announce the availability of grant funds, the amount of funding available and the requirements for eligibility including a deadline for filing applications. An application must be submitted on the form entitled " Application for Federal Assistance," (Standard Form 424, Rev 7-97). The Federally Recognized Tribal Government will be required to provide a certification as a response to Item #ll "Descriptive Title of Applicant's Project", in the SF-424, that the threshold requirements for the grant funds are met. Applications will be submitted to the Headquarters Office.

Award Procedure

The dollar value of the grant award will be based on the distribution formula developed in partnership with tribes published in the Federal Register on February 4, 2002 (67 FR 5130). Grants will be awarded competitively on an annual basis.

Deadlines

Contact the Headquarters Office for application deadline.

 

Range of Approval/Disapproval Time

Appeals

An unsuccessful applicant may appeal the decision under the regulations contained in 25 CFR Part 2.

Renewals

None. An application will need to be submitted each year to receive grant funds.

 

Assistance Considerations

Formula and Matching Requirements

The program has no statutory formula. In partnership with tribes the Bureau of Indian Affairs developed a distribution formula to allocate the funds among qualified applicants. The total amount of grant funds available will be divided by the total number of cases that will be disposed of during the fiscal year as reported by qualified applicants. The resulting proportionate share per case will be multiplied by the number of cases the individual qualified applicant is expected to dispose of to arrive at the individual grant award. Example: If it is expected that there will be 10,000 cases disposed of by the pool of qualified applicants and there is $1,500,000 available, the proportionate share for each case would be $150. ($1,500,000 divided by 10,000 = $150) A qualified applicant expected to dispose of 200 cases would be awarded $30,000. (200 X $150 = $30,000). The amount each qualified applicant will receive may vary from year to year depending on the total number of cases projected the amount available for grant awards under this program, less the amount allocated for orientation and technical assistance for Tribal court personnel.

Length and Time Phasing of Assistance

Length and Time Phasing of Assistance: Awards are made on an annual basis and the funds remain available until expended by the grantee. The timing of the payments will be negotiated with the Indian tribe.

 

Post Assistance Requirements

Reports

Financial status reports, SF 269A, are required. Program accomplishment reporting requirements will be negotiated with the grantee.

Audits

For awards made under the program, grantees are responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 et seq.).

Records

Financial records must be retained for 3 years from the date of submission of the single audit report. Procurement records must be retained for 3 years from the date of final payment. Property records must be retained for 3 years from the date of disposition, replacement, or transfer. Records pertaining to any litigation, audit exceptions or claims must be retained until the dispute has been resolved.

 

Program Accomplishments

Not available.

 

Financial Information

Account Identification

14-2100-0-1-452.

Obligations

(Total Amount of Awards) FY 02 $1,000,000; FY 03 est $4,000,000; and FY 04 est $4,000,000.

Range and Average of Financial Assistance

$3,000 to $216,000; $50,000.

 

Regulations, Guidelines and Literature

25 CFR Part 276; 25 CFR Part 2; 25 CFR Part 115.

 

Related Programs

15.029, Tribal Courts.

 

Information Contacts

Regional or Local Office

Bureau of Indian Affairs agency or regional office as listed in Appendix IV of the Catalog.

Headquarters Office

Division of Tribal Government Services, Bureau of Indian Affairs, 1849 C Street, NW, MS 320 SIB, Washington, DC 20240. Contact: Ralph Gonzales, Telephone: (202) 513-7641. Use the same number for FTS.

Web Site Address

http://www.doi.gov/bia/ots/otshome.htm

 

Examples of Funded Projects

Not available.

 

Criteria for Selecting Proposals

All qualified applicants will be funded. A qualified applicant is a tribal government submitting an application for funding by the deadline specified for a tribal court meeting the following threshold requirements: (1) The tribal government has enacted the codes necessary for the tribal justice system to carry out its responsibility under 25 CFR Part 115; (2) The tribal court has adopted and made accessible the court rules setting forth the procedures to adjudicate these cases; (3) Tribal court personnel have been trained to process these cases and the court is staffed to fulfill the tribal legislative mandate; and (4) The tribal justice system is one that serves as the judicial component of a tribal government which is federally recognized by the United States Government.