Tribal Courts Assistance Program, FY 2004

About OJP

The Office of Justice Programs (OJP), U.S. Department of Justice, was created in l984 to provide federal leadership in developing the nation's capacity to prevent and control crime, administer justice, and assist crime victims. OJP carries out this mission by forming partnerships with other federal, state, and local agencies, as well as national and community-based organizations. OJP is dedicated to comprehensive approaches that empower communities to address crime, break the cycle of substance abuse and crime, combat family violence, address youth crime, hold offenders accountable, protect and support crime victims, enhance law enforcement initiatives, and support advancements in adjudication. OJP also works to reduce crime in Indian Country, enhance technology's use within the criminal and juvenile justice systems, and support state and local efforts through technical assistance and training.

OJP administers more than $100 million in grants to Indian Country. These programs help tribal governments address issues involving crime, violence, and substance abuse in their communities. OJP’s American Indian and Alaska Native Affairs Desk and DOJ’s Office of Tribal Justice work to secure resources to improve law enforcement and justice systems on tribal lands.

About BJA

The Bureau of Justice Assistance (BJA), a component of the Office of Justice Programs, U.S. Department of Justice, supports innovative programs that strengthen the nation's criminal justice system. Its primary mission is to provide leadership and a range of assistance to local criminal justice strategies to make America's communities safer. BJA accomplishes this mission by providing funding, training, technical assistance, and information to state and community criminal justice programs and by emphasizing the coordination of federal, state, and local efforts. BJA's specific goals are to help communities reduce and prevent crime, violence, and drug abuse and to improve the functioning of the criminal justice system.

BJA will work with OJP’s American Indian and Alaska Native Affairs Desk, DOJ’s Office of Tribal Justice, and other federal agencies and culturally appropriate organizations to maintain focus with the field and to ensure that the program’s goals and objectives are achieved.

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.

Eligibility

Applicants are limited to federally recognized tribal governments, including Alaska Native villages and corporations, and authorized intertribal consortia (see 25 U.S.C. § 450b[e]). Under this solicitation, a tribal government or intertribal consortium may submit only one application. (Note: For category I, only one tribal government may serve as the applicant agency (see 25 U.S.C. § 450b[l]). Eligibility is also dependent on the applicant receiving and retaining written authorization from each of its federally recognized member tribes and then certifying, in its application, that such partnerships were established before this solicitation's submission deadline.

Match Requirement

If a court-related position is established under the program, a tribe may charge 75 percent of the salary and fringe benefits for that position to the grant. In turn, the tribe or applicant is responsible for a cash match that provides 25 percent of the salary and fringe benefits. Total costs associated with salary and fringe benefits may not exceed 50 percent of the amount of the grant.

Amount and Length of Awards

BJA is basing its FY 2004 award structure on the size of the tribe's Indian resident or service population. For current federal information, including a list of federally recognized tribes and the 2000 U.S. Census tribal population figures that address off-reservation trust lands composing Indian Country, as defined in 18 U.S.C. 1151, please visit the National Tribal Justice Resource Center's web site or call its toll-free hotline at 1-877-97NTJRC (1-877-976-8572).

The application should include a request for funding within the following guidelines. BJA will determine the number of awards under each category, based on available resources, the number of submissions received, criteria set forth in this solicitation, and other considerations.

• Category I—Planning and Implementing an Intertribal Court System for Smaller Service Populations. These grants are for consortia of tribal governments (at least two per consortium), each of which serves a population of less than 1,000 persons. Grants shall not exceed $100,000. The minimum project period for these awards is 15 months.
  
  
• Category II—Planning and Implementing a Single-Tribe Court System. These grants are for tribes serving populations equal to or greater than 1,000 persons. Grants shall not exceed $100,000. The minimum project period for these awards is 15 months.
  
  
• Category III—Enhancing or Continuing the Operation of Tribal Courts. These grants, described below, vary according to the size of the Indian resident/service populations. The minimum project period for these awards is 15 months.
  
  
  • Tier I. Designated for tribes and tribal consortia that want to enhance or continue the operation of existing tribal courts serving populations of up to 1,000 persons. Awards may not exceed $100,000.
    
    
  • Tier II. Designated for tribes that want to enhance or continue the operation of existing tribal courts serving populations of more than 1,000 and not more than 5,000 persons. Awards may not exceed $150,000.
    
    
  • Tier III. Designated for tribes that want to enhance or continue the operation of existing tribal courts serving populations of more than 5,000 and not more than 10,000 persons. Awards may not exceed $220,000.
    
    
  • Tier IV. Designated for tribes that want to enhance or continue the operation of existing tribal courts serving populations of more than 10,000 and not more than 20,000 persons. Awards may not exceed $300,000.
    
    
  • Tier V. Designated for tribes that wish to enhance or continue the operation of existing tribal courts serving populations of more than 20,000 persons. Awards may not exceed $400,000.

Note: Applicants under all tiers of category III must include information about their current operating budget in their submissions. If the applicant's historic caseload does not support the designated award amount, the applicant should apply only for an amount that is both appropriate and applicable for its tribal court. If the applicant fails to provide an accurate account of its docket, its application may be considered for a lower level of funding that is consistent with its historic caseload, or it may be deemed ineligible for an award. An application will be deemed ineligible if information provided to BJA indicates that funding consistent with the tribe's historic caseload would require significant programmatic and/or budgetary adjustments to the tribe's application and therefore prevent a fair comparison of the application with those of other applicants.

Review Process

All applications will be peer reviewed. BJA will review peer review results and make recommendations to the Director of BJA, who will make final award recommendations to OJP's Assistant Attorney General. See specific requirements under How To Apply.

Funding decisions will be made on the basis of several criteria, including the merit and strengths of the application. Consideration may also be given for other factors including, but not limited to, geographic and regional balance. Applications that meet all eligibility requirements will be evaluated according to the selection criteria. Peer reviewers' recommendations are advisory only. The final award decision is made by the Assistant Attorney General. BJA will negotiate specific terms of the awards with the selected applicants.

How To Apply

The Catalog of Federal Domestic Assistance (CFDA) number for this solicitation is 16.608, titled "Tribal Court Assistance Program."

OJP requires that funding applications be submitted through the OJP Grants Management System (GMS). If you experience difficulties at any point in this process, please call the GMS Help Desk at 1-888-549-9901. Applications submitted via GMS must be in one of the following formats: Microsoft Word (*.doc*), PDF (*.pdf*), or text (*.txt*).

Step 1: Sign On

If you already have a GMS user ID, proceed to GMS sign in. You will not be considered registered for the solicitation until you have signed on to GMS and entered the appropriate solicitation, even if your organization already has a user ID. To register, please proceed to step 2.

• If you do not have a GMS user ID, select "New User? Register Here." Complete all of the required information and click "Create Account" at the bottom of the page. Note your user ID and password, which are case sensitive. Within 2 business days, BJA will send an e-mail confirmation to newly registered applicants stating that their user ID and password have been approved and that they are eligible to submit an application.
  
  
• Beginning October 1, 2003, a Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) number must be included in every application for a new award or renewal of an award. The DUNS number will be required whether an applicant is submitting an application through OJP's Grants Management System or using the governmentwide electronic portal. An application will not be considered complete until the applicant has provided a valid DUNS number. Individuals who would personally receive a grant or cooperative agreement from the federal government are exempt from this requirement.

Organizations should verify that they have a DUNS number or take the steps necessary to obtain one as soon as possible. Applicants can receive a DUNS number at no cost by calling the dedicated toll-free DUNS number request line at 1-800-333-0505.

Step 2: Select and Register for the Program

After you have logged onto the system, click on "Funding Opportunities."

• Select the "Bureau of Justice Assistance" from the drop-down list and click "Search." This will narrow the list of solicitations within the Office of Justice Programs to those in BJA.
  
  
• Find "Tribal Courts Assistance Program," and click "Apply On Line."
  
  
• Confirm that your organization is eligible to apply for this program by reading the text on the screen. If eligible, proceed by clicking "Continue."

Step 3: Complete the Overview Information

• Select the type of application you are submitting by choosing "Application Non-Construction" in the "Type of Submission" section.
  
  
• Select "New" in the drop-down box for "Type of Application."
  
  
• If your state has a review and comment process under Executive Order 12372, select "Yes" and enter the date you made this application available under that review, or "N/A" because this program has not been selected by your state for such a review. If your state does not have such a process, then select "No. Program Not Covered by E.O. 12372."
  
  
• Click "Save and Continue."

Step 4: Complete the Applicant Information

• Answer "Yes" or "No" to the question about whether your organization is delinquent on any federal debt.
  
  
• Check the information on the rest of this page, which will prepopulate based on the information you submitted during the registration process, for accuracy and relevance. Make any needed changes.
  
  
• Click "Save and Continue."

Step 5: Complete the Project Information

• Provide a title that describes your project.
  
  
• List the geographic areas to be affected by the project.
  
  
• Enter a start date for the project that is on or after July 1, 2004 and an end date that is no more than 24 months later.
  
  
• Select all of the congressional districts that are affected by your application. To select multiple districts, hold down the CTRL key while making your selections.
  
  
• Enter the grant amount for which your organization is applying (no more than $400,000) on the federal line under "Estimated Funding." Enter the amount of other contributions in the appropriate lines to explain the origins of the required 25 percent match.
  
  
• Click "Save and Continue."

Step 6: Upload Attachments

You will be asked to upload three attachments to the online application system. (See Attachments for detailed instructions.)

1. The Budget Detail Worksheet (Attachment #1).

2. The Program Narrative (Attachment #2).

3. Other Program Attachments (Attachment #3).

• Click "Attach" to upload these documents. A new window will open. Click "Browse" and find the file you want to upload, then click "Upload Your Document." A window that says "File Upload Successful" should appear. Next to the upload list, the notation should change to "Attachment OK." Repeat these steps for all three uploads.

Note: Depending on the size of the attachment and the speed of your computer's Internet connection, this process can take several hours. The system will shut down promptly at the deadline. Any incomplete application will not be accepted and no exceptions will be granted. Please plan accordingly.

• Click on "Tips for Successful Upload" if you encounter any difficulties uploading your file. This document will explain the usual problems with uploading files and will help you through them.
  
  
• Click "Save and Continue."

Step 7: Complete the Assurances and Certifications

• You must accept both the assurances document and the certifications document. To do this, click "Assurances" and "Certifications Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug-Free Workplace Requirements."
  
  
• Read both documents. At the bottom of each one, click "Accept."
  
  
• Enter the correct personal information for the person submitting the application after you have accepted both documents.
  
  
• Click the box at the bottom of the page to certify that the person submitting the application is authorized to accept these assurances and certifications.
  
  
• Click "Save and Continue."

Step 8: Review the SF-424

By answering the questions contained in GMS, you have completed the Standard Form 424 and other forms required to apply for grant funding. Take a moment to review the SF-424 to ensure that it is accurate.

• Make changes to any portion of the application by clicking on that section along the left side of the screen. Be sure to click "Save and Continue" after making any changes.
  
  
• Click "Continue" when you are sure that the information is accurate.

Step 9: Submit the Application

• A list of application components will appear on the screen. It should say "Complete" before each component. If it says "Incomplete," click on the word and it will take you back to the unfinished section. An explanation of what is missing will be at the top of that screen.
  
  
• Read below the list of components for language indicating that your user ID has not been approved. Even if you have completed the application, you will be unable to submit it until BJA approves your user ID. BJA will approve your user ID within 2 business days after you begin your application.

Note: If the applicant notifies BJA in advance of the deadline of its inability to submit an application electronically and demonstrates that it has made reasonable efforts to comply with the requirement to submit its application electronically, BJA may, at its discretion, allow submission of the application in a paper version via overnight express only. (General mail delivery is still delayed by heightened security screenings in the D.C. area.) The applicant must continue its efforts to submit an application electronically. An application approved for submission in hard copy/paper version will be accepted only if it is postmarked no later than the date of the application deadline and is sent to the address in the Additional Information section.

Attachments

Budget Detail Worksheet (Attachment #1)

The applicant must provide a budget that (1) is complete, allowable, and cost effective in relation to the proposed activities, (2) shows cost calculations that demonstrate how the applicant arrived at the amount requested, and (3) provides a brief supporting budget narrative that links costs with project implementation. Please note that the budget should indicate the amount of any in-kind contributions or indirect donations to be contributed to the program.

Applicants must submit the budget worksheet and budget narrative in one file. The worksheet provides the detailed computation for each budget item (often in spreadsheet format). The narrative justifies or explains each budget item and relates it to project activities.

• Budget Worksheet. The budget worksheet must list the cost of each budget item and show how the cost was calculated. For example, costs for personnel should show the annual salary rate and the percentage of time devoted to the project for each employee to be paid through grant funds. Note: Total costs specified in the budget detail worksheet must match the total amount requested.
  
  
• Budget Narrative. The budget narrative should closely follow the content of the budget worksheet and justify all proposed costs. For example, the narrative should explain how fringe benefits were calculated, how travel costs were estimated, why particular items of equipment or supplies must be purchased, and how overhead or indirect costs (if applicable) were calculated. The budget narrative should justify the specific items listed in the budget worksheet (particularly supplies, travel, and equipment) and demonstrate that all costs are reasonable.

Tribes are encouraged to give special consideration to three budgetary items: travel, information technology, and personnel costs.

• Travel. Tribes are encouraged to allocate at least $20,000 over the project period to cover travel and miscellaneous costs associated with BJA-sponsored trainings and other meetings. BJA expects grant recipients to establish project advisory teams. Typically, three to five advisory team members participate in training seminars hosted by BJA and its technical assistance providers.
  
  
• Information Technology. If a tribe is planning to enhance its information technology system, all purchased equipment and software must be capable of supporting information sharing among justice systems and must be compliant with appropriate national standards.
  
  
• Personnel Costs. If a court-related position is established under the program, a tribe may charge 75 percent of the salary and fringe benefits for that position to the grant. In turn, the tribe or applicant is responsible for a cash match that provides 25 percent of the salary and fringe benefits. Total costs associated with salary and fringe benefits may not exceed 50 percent of the amount of the grant.

Use the sample budget detail worksheet as a guide to assist applicants in the preparation of the budget worksheet and budget narrative.

Program Narrative (Attachment #2)

The program narrative must be double spaced, use a standard 12-point font (Times New Roman preferred) with 1-inch margins, and not exceed 20 pages. (Please number pages "1 of 20," "2 of 20," and so forth.) The program narrative must respond to the selection criteria for the appropriate category. Submissions that do not adhere to the format will be deemed ineligible.

Other Program Attachments (Attachment #3)

This file must include the following materials:

• A project timeline containing each project goal, related objective, activity, expected completion date, and responsible person or organization.
  
  
• Letters of support and commitment or memorandums of understanding, where appropriate. If letters of support cannot be uploaded as part of Attachment #3, they may be faxed to 202-354-4147 by February 2, 2004. The applicant must include the application number that is assigned by GMS (e.g., 2004-F001-DC-IC) on all faxed documents.

Selection Criteria

Selection Criteria for Categories I and II

Tribal governments without a functioning tribal court or without a comprehensive plan to establish a tribal court are encouraged to submit an application for a category I (intertribal) or category II (single-tribe) court system. Applicants for intertribal grants must list all the federally recognized tribes that will be partners and provide a statement certifying their participation under Problem Definition. Applicants will be evaluated and rated by a peer review panel according to the criteria outlined below.

1. Problem Definition (10 points)
   Identify the population the court will serve and the geographic area it will cover. Include socioeconomic data for the area, if available. Identify the problems the proposal addresses and the commitment of the tribe(s) to resolve these problems. In doing so, identify and discuss the caseload and offenses that the project will address. Include information about violent crimes, property crimes, domestic violence, child welfare, juvenile offenses, alcohol and substance abuse, and other priority crimes that are committed and other issues that arise in the proposed area.
   
   
2. Strategy Overview (25 points)
   Describe what the applicant is proposing to do and how it plans to accomplish it. Identify the types of both civil and criminal caseloads that the tribal court will address. Summarize the applicant's intent to establish and implement a comprehensive plan and detail the proposed court's purpose, structure, and operation. Describe current efforts to coordinate services among tribal providers, including law enforcement, corrections, and treatment.
   
   
3. Implementation Plan (25 points)
   Describe how the strategy defined above will be implemented. (See the Performance Measures section.) Provide a strategy to collaborate with other tribal and/or nontribal agencies to implement the plan. Along with the goals and objectives, include a timeline that describes each project goal, related objective, and activity; give the expected completion date; and identify the responsible person or organization (also in Attachment #3). Briefly explain how each task will support and/or enhance the development of the tribe's justice system.
   
   
4. Coordination (10 points)
   Describe who will make up the project advisory team. This may be either an existing or a newly formed group. If the application is for an intertribal grant, a minimum of one and maximum of three persons from each tribe involved in the intertribal court system may be members of the project advisory team. Explain how these members will fulfill the roles defined in the implementation plan and identify those individuals who will attend training seminars sponsored by BJA (to be determined). Include letters of support and commitment and memorandums of understanding, where appropriate. Discuss how the community will be involved in planning the tribal court.
   
   
5. Program Effectiveness (10 points)
   Explain how the applicant will know if the program works. Describe the kind of data the tribe or consortium has collected and will collect to guide the focus of planning the tribal court. (See the Performance Measures section.) Explain how the applicant will assess the impact of its efforts. A clear connection should be maintained from the proposed strategy to the issues identified in the problem statement. Explain what will be measured, who will measure it, and how the information will be used. If available, tribes are encouraged to describe their current data collection instruments. If data are not being collected, this must be stated in the application.
   
   
6. Sustainment (10 points)
   Identify resources that complement this project. Outline a strategy for continuing the project when the federal grant period ends.
   
   
7. Budget (10 points)
   Applicants must provide a proposed budget that is complete, allowable, and cost effective in relation to the activities to be undertaken. Applicants should demonstrate that expenses for travel, information technology, and personnel follow the guidelines listed in the Budget Detail Worksheet section of this solicitation.

Selection Criteria for Category III

Tribal governments that want to enhance or continue to operate their tribal court may submit an application based on the population the court serves. The cover page must indicate the tier (I, II, III, IV, or V) under which the applicant is applying.

1. Problem Definition (10 points)
   Identify the problems the proposal addresses and the tribe's commitment to resolve these problems. In doing so, identify and discuss the historic caseload/offenses that the proposed project of the tribal court will address. Describe the current operation of the tribal court and the cost to sustain it. Include information that defines the current caseload, staffing patterns, and services. Include information about violent crimes, property crimes, domestic violence, child welfare, juvenile offenses, alcohol and substance abuse, and other priority crimes that are committed and other issues that arise within jurisdictional boundaries.
   
   
2. Strategy Overview (25 points)
   Describe what the applicant is proposing to do and how it plans to accomplish it. Summarize the court's comprehensive plan and detail its authority, purpose, structure, and operation. Identify the types of both civil and criminal caseloads that the tribal court will address. Describe current efforts to coordinate services among tribal providers, including law enforcement, corrections, and treatment.
   
   
3. Implementation Plan (25 points)
   Describe how the strategy defined above will be implemented. (See the Performance Measures section.) Provide a strategy to collaborate with other tribal and/or nontribal agencies to implement the plan. Discuss who the partners will be, what role they will play, and whether these partnerships have been ongoing or will be new. Along with the goals and objectives, include a timeline that describes each project goal, related objective, and activity; gives the expected completion date; and identifies the responsible person or organization (also in Attachment #3). Briefly explain how each task will support and/or enhance the development of the tribe's justice system.
   
   
4. Coordination (10 points)
   Describe the applicant's strategy to collaborate with other tribal agencies; federal, state, and local courts; and federal agencies (e.g., U.S. Attorney's Office, Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Indian Affairs). Discuss who the partners will be, what role they will play, and whether these partnerships have been ongoing or will be new. Include letters of support and commitment and memorandums of understanding, where appropriate. Explain how these members will fulfill the roles defined in the implementation plan and who will attend training seminars sponsored by BJA (to be determined). Discuss how the community will be involved in the implementation of the program.
   
   
5. Program Effectiveness (10 points)
   Explain how the applicant will know if the program works. Describe the kind of data the tribe or consortium has/will collect to guide the focus of planning the tribal court. (See the Performance Measures section.) Explain how the applicant will assess the impact of its efforts. A clear connection should be maintained from the proposed strategy to the issues identified in the problem statement. Explain what will be measured, who will do it, and how the information will be used. If available, tribes are encouraged to describe the current data collection instruments. If data are not being collected, this must be stated in the application.
   
   
6. Sustainment (10 points)
   Identify resources that complement this project. Outline a strategy for continuing the project when the federal grant period ends.
   
   
7. Budget (10 points)
   Applicants must provide a proposed budget that is complete, allowable, and cost effective in relation to the activities to be undertaken. Applicants should demonstrate that expenses for travel, information technology, and personnel follow the guidelines listed in the Budget Detail Worksheet section.

Performance Measures

To ensure compliance with the Government Performance and Results Act (GPRA), Public Law 103-62, grantees are required to collect and report data that measure the program’s results. All applicants are required to address the outcome and process measures listed below. In addition to incorporating this information into their submission’s narrative, applicants are required to address the type of information they will collect, who will collect it, the methods they will use, and how they will report the information. Grantees are also expected to provide interim data in their annual progress reports and to submit the results of their project as part of their final progress report.

Submission Deadline

All applicants must register for this program by January 28, 2004, even if they have previously applied for or received funding under this program or any OJP program. Within 2 business days, BJA will send an e-mail confirmation to registered applicants stating that their user ID and password have been approved for this program, and that they are eligible to submit an application. Applications for this program are due by 5 p.m. e.t. on February 2, 2004. Faxed or mailed applications or supplemental materials will not be accepted, except as described under How To Apply.

Technical Assistance

Technical assistance and training will be available to all tribal court grantees through onsite and offsite venues. Technical assistance also will be provided to help grantees develop program goals and measure how well these goals are being met. A training calendar for BJA Tribal Court Assistance Program grantees will be posted on the National Tribal Justice Resource Center's web site in July 2004.

Other Requirements

Civil Rights Compliance

All recipients of federal grant funds must comply with nondiscrimination requirements contained in federal laws. If a court or administrative agency makes a finding of discrimination against a recipient of funds on grounds of race, color, religion, national origin, gender, disability, or age after a due process hearing, the recipient must forward a copy of the finding to the Office for Civil Rights of the Office of Justice Programs.

Limited English Proficiency

National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to assist them in complying with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at 202-307-0690, or by writing to the following address:

Office for Civil Rights
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street NW., Eighth Floor
Washington, DC 20531

Faith-Based and Community Organizations

It is OJP policy that faith-based and community organizations that statutorily qualify as eligible applicants under OJP programs are invited and encouraged to apply for assistance awards. Faith-based and community organizations will be considered for awards on the same basis as any other eligible applicants and, if they receive assistance awards, will be treated on an equal basis with all other grantees in the administration of such awards. No eligible applicant or grantee will be discriminated against on the basis of its religious character or affiliation, religious name, or the religious composition of its board of directors or persons working in the organization.

Anti-Lobbying Act

The Anti-Lobbying Act (18 U.S.C. § 1913) recently was amended to expand significantly restrictions on the use of appropriated funding for lobbying. This expansion also makes the anti-lobbying restrictions enforceable via large civil penalties, with civil fines between $10,000 and $100,000 per each individual occurrence of lobbying activity. These restrictions are in addition to the anti-lobbying and lobbying disclosure restrictions imposed by 31 U.S.C. § 1352.

The Office of Management and Budget (OMB) is currently in the process of amending the OMB cost circulars and the common rule (codified at 28 C.F.R. Part 69 for Department of Justice grantees) to reflect these modifications. However, in the interest of full disclosure, all applicants must understand that no federally appropriated funding made available under this grant program may be used, either directly or indirectly, to support the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government, without the express approval by OJP. Any violation of this prohibition is subject to a minimum $10,000 fine for each occurrence. This prohibition applies to all activity, even if currently allowed within the parameters of the existing OMB circulars.

Confidentiality and Human Subjects Protection

U.S. Department of Justice regulations (28 C.F.R. Part 22) require applicants for BJA funding to submit a Privacy Certificate as a condition of approval of any grant application or contract proposal that contains a research or statistical component under which personally identifiable information will be collected. In addition to the regulations in Part 22, regulations concerning protection of human subjects are set forth in 28 C.F.R. Part 46. In general, 28 C.F.R. Part 46 requires that all research involving human subjects conducted or supported by a federal department or agency be reviewed and approved by an Institutional Review Board before funds are expended for that research.

General information regarding Confidentiality and Human Subjects Protection can be found on the National Institute of Justice web site. Sample formats of the Privacy Certificate, Transfer Agreement, and Single Project Assurance for submission to BJA can be found on the OJP web site.

Evaluation

Pending the availability of funds, BJA and the National Institute of Justice will identify a number of sites under the Tribal Courts Assistance Program to participate in a national evaluation. The goal of this evaluation is to gain practical, measurable, and descriptive information and to provide interested agencies and organizations with feedback about processes and early outcomes.

Additional Information

For general information about BJA programs, training, and technical assistance, contact the BJA Clearinghouse at 1-800-851-3420 or visit the BJA home page.

For specific information about this solicitation, contact Lon McDougal, BJA Policy Office, at 202-307-3678 or mcdougal@ojp.usdoj.gov.

The OJP Financial Guide, which contains information on allowable costs, methods of payment, audit requirements, accounting systems, and financial records, is available online. This document governs the administration of funds by all successful applicants and their contractors.