Tribal Courts_Trust Reform Initiative
The Department of the Interior protects and provides access to the Nation's natural and cultural heritage, including responsibilities to Indian tribes and island communities. Departmental goals include resource protection and usage, overseeing recreational opportunities, serving communities and excellence in management.
Program Accomplishments
None.
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.
Aplication and Award Process
Preapplication Coordination
None.
This program is excluded from coverage under E.O.
12372.
Application Procedures
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 Procedures
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.
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.
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.
Financial Information
Account Identification
14-2100-0-1-452.
Obigations
(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.
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.
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.
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