Tribal Courts-Trust Reform Initiative (15.147)

Program

15.147 Tribal Courts-Trust Reform Initiative

Federal Agency

Agency: Department of the Interior
Office: Bureau of Indian Affairs

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 Individual Indians Money 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. Funds under this program may be used for salaries and related expenses of tribal court judges, prosecutors, defenders, clerks of court, 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.

Credentials/Documentation

Application must be accompanied by a Certification of the governing body of the Federally Recognized Indian Tribal Government attesting to the fact that: (1) The tribal court has adopted and made accessible the court rules setting forth the procedures to adjudicate these cases; (2) Tribal court personnel have been trained to process these cases and the court is staffed to fulfill the tribal legislative mandate, and (3) 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.

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

Funds will be distributed to tribal courts based on the cost per case as determined by the data submitted on SF 424 by all qualified applicants.

Deadlines

Contact the Headquarters Office for application deadline.

Range of Approval/Disapproval Time

Applications will be processed within 90 days.

Appeals

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

Renewals

Grants will be awarded on an annual basis. An application will need to be submitted each year to qualify to receive grant funds, until it is determined that the fund will be awarded as a part of the permanent tribal base.

Assistance Considerations

Formula and Matching Requirements

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. Funds will be distributed to tribal courts based on the cost per case as determined by the data submitted on SF 424 by all qualified applicants. 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.

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, a report at the end of the fiscal year reconciling the Supervised IIM account case load will also be required.

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

None.

Financial Information

Account Identification

14-2100-0-1-452.

Obligations

(Total Amount of Awards) FY 07 est not available, FY 08 est not available; and FY 09 est not available.

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

Office of Tribal Services, Bureau of Indian Affairs, MS 320-SIB, 1849 C Street, NW., MS 320-SIBWashington, 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; http://www.doi.gov/bureau-indian-affairs.html

Examples of Funded Projects

None.

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.