[Federal Register Volume 68, Number 122 (Wednesday, June 25, 2003)]
[Notices]
[Pages 37857-37861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15997]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Notice of Fund Availability

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of fund availability--tribal courts and Courts of Indian 
Offenses.

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SUMMARY: The Bureau of Indian Affairs (BIA) is announcing that $5.5 
million is available for funding to tribal courts (including CFR 
courts) that assume responsibility of adjudicating matters under 25 CFR 
part 115, for outsourcing with tribal entities or organizations to 
provide technical assistance to prospective tribal court grantees, and 
for development of a tribal court infrastructure, where necessary. 
Under part 115, tribal courts are responsible for appointing guardians, 
determining competency, awarding child support from Individual Indian 
Money (IIM) accounts, determining paternity, sanctioning adoptions, 
marriages, and divorces, making presumptions of death, and adjudicating 
claims involving trust assets. Funds will be awarded under the 
discretionary authority of section 103 of Public Law 93-638.

DATES: Applications are due July 25, 2003.

ADDRESSES: Send applications to Ralph Gonzales, Bureau of Indian 
Affairs, Office of Tribal Services, Branch of Judicial Services, MS 
320-SIB, 1951 Constitution Avenue, NW., Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Ralph Gonzales, (202) 513-7629.

SUPPLEMENTARY INFORMATION: The authority to issue this notice is vested 
in the Secretary of the Interior by 5 U.S.C. 301 and 25 U.S.C. 2 and 9, 
25 U.S.C. 13, which authorizes appropriations for ``Indian judges'' 
(See Tillett v. Hodel, 730 F.Supp. 381 (W.D. Okla. 1990), aff'd 931 
F.2d 636 (10th Cir. 1991) United States v. Clapox, 13 Sawy. 349, 35 F. 
575 (D.Ore. 1888)), and is in the exercise of authority delegated to 
the Assistant Secretary--Indian Affairs by 209 Departmental Manual 8.1.
    There are approximately 225 tribes that contract or compact with 
the Bureau of Indian Affairs to perform the Secretary's adjudicatory 
function and 23 Courts of Indian Offenses (also known as CFR courts). 
It is expected that 15 tribal entities will choose to assume this 
responsibility. The $5.5 million is earmarked to assist tribal courts 
to perform the increased responsibilities required by 25 CFR part 115 
and to provide technical assistance to tribal courts as necessary. 
Funds will be distributed to tribal courts based on the cost per case 
as determined by the estimated number of prospective Supervised IIM 
Account cases submitted by all qualified applicants. Approximately 15 
percent of the total amount available in this Notice of Fund 
Availability (NOFA) will be with tribes or tribal entities to provide 
technical assistance and code development for tribal courts as needed.

Program Description

    Qualified tribal applicants that assume responsibility over 
Supervised IIM Accounts under 25 CFR 115 are eligible to receive 
funding under this NOFA. Applicants will consider the following 
sections of part 115 when responding to this NOFA: 115.001, 115.002, 
115,100, 115.102, 115.104, 115.107, 115.400, 115.401, 115.413, 115.420, 
115.421, 115.425, 115.430, 115.600, 115.601, 115.605, 115.701.

    Note: An electronic copy of this document may be downloaded from 
the Office of the Federal Register's home page at: http://www.access.gpo.gov/nara.

    Tribes seeking to apply will be responsible for having codes or 
ordinances in place; appointing guardians; determining competency; 
awarding child support from Individual Indian Money (IIM) accounts; 
determining paternity; sanctioning adoptions, marriages, and divorces; 
making presumptions of death; and adjudicating claims involving trust 
assets as prescribed in the sections cited above. Funds provided under 
this NOFA are specifically made available to tribal courts that assume 
additional responsibility under 25 CFR 115 to adjudicate Supervised IIM 
Accounts and are not intended to be used as general operating funds for 
a judiciary. Tribes that received grant funds under the FY 2002 NOFA 
must have submitted all reports required under the grant to qualify for 
grant funds under this FY 2003 NOFA.

Definitions

    Case Disposed Of. A case in which a final decision is rendered by 
the court even though the court may retain jurisdiction subsequently to 
review the matter upon submission of additional relevant facts by an 
interested party.
    Qualified Applicant. A qualified applicant is a tribal government 
submitting an application for funding 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 115.
    (2) The tribal court has adopted and made accessible court rules 
setting forth the procedures to adjudicate these cases.
    (3) Tribal court personnel have been trained to process these cases 
and the

[[Page 37858]]

court is staffed to fulfill the tribal legislative mandate.
    (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.
    A tribal court will be considered to be a qualified applicant if it 
received a Supervised IIM Account grant in FY 2002, there has been no 
substantive change in the court structure, and the tribe has filed all 
reports required under the grant. If these conditions have been met, 
certification will not be necessary. The tribal court only needs to 
state that there has been no substantive change in status as a grantee 
from the prior fiscal year.
    Tribal Courts. As used in this NOFA, reference to tribal courts 
includes Courts of Indian Offenses (CFR courts) established by the 
Department of the Interior under Title 25 part 11 (2001-edition) of the 
Code of Federal Regulations.

Application Process

    (1) The tribal government, unless considered to be pre-qualified, 
will provide a certification that the threshold requirements are met, 
in response to Item 11 in SF-424 (See attached form). In the 
event that the tribe wants to participate in the program, but is unable 
to provide this certification, the tribe must send a letter expressing 
intent to participate and requesting technical assistance, to Ralph 
Gonzales, Bureau of Indian Affairs, Office of Tribal Services, Branch 
of Judicial Services, MS 320-SIB, 1951 Constitution Avenue, NW., 
Washington, DC 20240, phone 202-513-7629, fax 202-208-5113.
    (2) In Item 11 of SF 424, the tribe will indicate the 
number of Supervised IIM Accounts that will be disposed of during FY 
2003.
    (3) Funds will be awarded under the discretionary authority of 
section 103 of Public Law 93-638 (25 U.S.C. 450h).

Application Form

    Tribes must fill out and submit the form entitled ``Application for 
Federal Assistance,'' labeled with the Office of Management and Budget 
(OMB) Approval No. 0348-0043 (Standard Form 424, Rev. 7-97). The form 
is attached to this notice. The form may also be downloaded from the 
Internet at http://www.gsa.gov.

Deadline

    Applications are due 30 calendar days after the publication date of 
this NOFA and must be either received or postmarked by midnight on the 
deadline date. Mail applications to Ralph Gonzales, Bureau of Indian 
Affairs, Office of Tribal Services, Branch of Judicial Services, MS 
320-SIB, 1951 Constitution Avenue, NW., Washington, DC 20240; or fax to 
202-208-5113. Applicants may also hand deliver applications to the 
address indicated above by close-of-business (5 p.m. e.s.t.) on the 
deadline date. Additionally, applications will be accepted by facsimile 
until the close-of-business (5 p.m. e.s.t.) on the deadline date, 
provided the original application is submitted as supporting 
documentation postmarked by midnight the day after the due date. No 
applications can be transmitted by e-mail (electronic mail). Applicants 
are responsible for ensuring proper delivery of the application and are 
encouraged to contact Ralph Gonzales at 202-513-7629 to confirm its 
receipt.

    Dated: June 6, 2003.
Aurene M. Martin,
Assistant Secretary--Indian Affairs.
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[FR Doc. 03-15997 Filed 6-24-03; 8:45 am]
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