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Tribal Courts Assistance Program, FY 2004

About the Tribal Courts Assistance Program

BJA's Tribal Courts Assistance Program (TCAP) is one of the U.S. Department of Justice's primary initiatives for providing court-related support to tribal justice systems. Since fiscal year (FY) 1999, BJA has awarded 224 grants through a highly competitive process.

The goal of TCAP is to develop new tribal courts, improve the operations of existing tribal courts, and provide funding for technical assistance and training of tribal court staff. The objective in reaching this goal is to help tribal governments develop, enhance, and continue operation of tribal judicial systems, including intertribal court systems.

FY 2004 Tribal Courts Assistance Program

In FY 2004, funding of qualified applicants under this competitive grant announcement is contingent on the availability and amount of FY 2004 funding for the Tribal Courts Assistance Program.

There are three separate categories for which federally recognized tribes may apply:

  • Category I—Planning and Implementing an Intertribal Court System for Smaller Service Populations. Applications are sought from consortia of tribal governments (at least two per consortium), each of which serves a population of less than 1,000 persons, to plan, develop, and implement a tribal court system where none currently exists. This category focuses on smaller tribes, located contiguous to or near other tribal governments, for which the creation of an intertribal court is economically and administratively feasible. Grant funds may be used to facilitate the development and initial implementation of an intertribal court system that will be designed to meet the needs of more than one tribe in the same geographic region.

    Distances of several hundred miles separating tribes and rugged or inhospitable terrain can adversely affect the development of a collaborative partnership by making it logistically too difficult or economically unfeasible to establish an intertribal court. In these severe circumstances, and given that a tribal government can succinctly justify such hardships and incorporate this information into its application under Problem Definition, such a tribe may apply as a single entity.
  • Category II—Planning and Implementing a Single-Tribe Court System. Applications are sought from tribal governments that serve a population equal to or greater than 1,000 persons for the development and initial implementation of a tribal court that will meet their needs. Tribal governments may apply for grant funds to facilitate the development and initial implementation of a tribal court system where none currently exists.
  • Category III—Enhancing or Continuing the Operation of Tribal Courts. Applications are sought from tribal communities, regardless of the size of their service populations, to enhance or continue the operation of existing tribal courts. Initiatives may include, but are not limited to, establishing a core structure for a tribal court, improving case management, training court personnel, acquiring additional equipment and software, enhancing prosecution and indigent defense, supporting probation diversion and alternative sentencing programs, accessing services, focusing on juvenile services and multidisciplinary protocols for child physical and sexual abuse, and structuring intertribal or tribal appellate systems.

If a tribal government is a member of an intertribal consortium that submits an application, it may not submit an individual application or an application as part of a different consortium.

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