[Federal Register Volume 61, Number 147 (Tuesday, July 30, 1996)]
[Proposed Rules]
[Pages 39606-39612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18447]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 92
RIN 1076-AD15
Indian Tribal Justice Support
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Indian Affairs (BIA) is proposing to establish
regulations as mandated by the Indian Tribal Justice Act. The Indian
Tribal Justice Act requires the Secretary of the Interior to establish
a base funding formula for the distribution of appropriations. The BIA
will use this rule to determine the funding levels to be awarded to
eligible Indian tribes for use in establishing or enhancing traditional
or contemporary justice systems.
DATES: Comments must be received on or before September 30, 1996.
ADDRESSES: Mail comments to Bettie Rushing, Office of Tribal Services,
Bureau of Indian Affairs, Department of the Interior, 1849 C St. NW,
Mail Stop 4603-MIB, Washington, DC 20240; or, hand deliver them to Room
4603 at the above address. Comments will be available for inspection at
this address from 9 a.m. to 4 p.m., Monday through Friday beginning
approximately 2 weeks after publication of this document in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: Bettie Rushing, Office of Tribal
Services, Bureau of Indian Affairs at telephone (202) 208-3463.
SUPPLEMENTARY INFORMATION: The Indian Tribal Justice Act (ITJA) was
enacted on December 3, 1993. Section 103 of the ITJA requires the BIA
to develop a Base Support Funding Formula in consultation with Indian
tribes, 25 U.S.C. 3613(c). The BIA will use the Base Support Funding
Formula to distribute annual appropriations under Section 201 of the
ITJA, 25 U.S.C. 3621.
A Base Funding Support Formula was drafted by Carey Vicenti, former
Special Assistant to the Director of the Office of Tribal Services and
presented to a group representing the geographical areas served by the
BIA, tribal courts, traditional courts, tribal judicial conferences,
Indian court clerks, Indian court judges, tribes, national support
organizations, and other justice systems, September 21-23, 1994, in
Reno, Nevada, at the National Judicial College. The purpose of the
September 1994
[[Page 39607]]
meeting was to discuss the Base Support Funding Formula and the survey
of tribal justice systems.
This same funding formula was presented at the BIA Office of Tribal
Services' National Tribal Consultation in Albuquerque, New Mexico, June
20-22, 1995. Following an explanation of the formula by Judge William
S. Christian, San Ildefonso Pueblo Tribal Court, lengthy discussion and
modification, it was accepted by consultation participants. This
publication includes changes made in response to recommendations
received during and after the June 1995 National Tribal Consultation
and the considerable work done by Judge Christian.
The proposed formula must be approved and published as a final rule
before any appropriated base support funding may be made available to
Indian tribes. The structure of the formula balances the interests of
smaller tribes and tribes with larger populations, larger land
holdings, and greater demographic features.
Base support funding is the sum of the Minimum Funding and Factor-
based Funding, if any, available to a tribe. Minimum Funding provides a
flexible mechanism to fund small tribes, without regard to
characteristics such as isolation, type of justice systems or stage of
development, caseload, or other demographic information (see
Sec. 92.16). Every tribe that applies for base support funding will
receive Minimum Funding calculated according to Sec. 92.17. In any year
that the appropriation is $20 million or less, the entire amount will
be set aside for Minimum Funding. When appropriations are greater than
$20 million, the amount set aside for equal distribution among the
requesting tribes will decrease until it represents 20 percent of the
full appropriation authorization of $50 million, 25 U.S.C. 3621(b);
this is calculated according to the algebraic formula in Sec. 92.17
which provides a sliding proportion which changes as appropriations
rise and fall. The proposed minimum funding formula for total
appropriations greater than $20 million that is described in
Sec. 92.17(b) was derived by the algebraic derivation of the line
illustrated in the graph below. This line is defined as the straight
line that passes through two points: 100 percent minimum funding when
the total appropriated base support funding is $20 million, and 20
percent minimum funding when the total appropriated base support
funding is $50 million. This information was used to derive the
following formula:
Y=1.533333-0.026667X
BILLING CODE 4310-02-P
[[Page 39608]]
[GRAPHIC] [TIFF OMITTED] TP30JY96.002
BILLING CODE 4310-02-C
In this formula, Y is the proportion of the total appropriated base
support funding that is allocated for minimum funding, and X is the
total appropriated base support funding in millions of dollars. Y is
calculated as 1.53333 minus the product of 0.026667 and X. When the
total appropriated base support funding is greater than $20 million,
the allocation of minimum funding for each eligible tribe is calculated
in Sec. 92.17(b) by dividing the product of Y and X by the number of
eligible tribes.
Tribes documenting the factors listed in Sec. 92.18 will also
receive factor based funding when the appropriation is greater than $20
million. Under such circumstances, the factor-based points for each
eligible tribe will be scored by BIA from the information which tribes
submitted; the sum of factor-based points for all eligible tribes will
be tallied. The remainder of the appropriation not required for Minimum
Funding will be divided by the sum of the factor-based points to
determine the value of each. Each tribe will then (when the
appropriation is greater than $20 million) receive total base support
funding according to (1) the number of factor-based points it has
scored multiplied by the value per point, plus (2) a share of the
Minimum Funding as divided equally among all tribes.
Example A. Congress appropriates $10 million for base support
funding of tribal justice systems. 250 tribes apply for Minimum
Funding; 240 tribes also apply for Factor-based Funding, with a total
number of factor based points of 12,000.
$10 million is below the threshold level of $20 million for Factor-
based Funding, therefore, no Factor-based Funding would be available.
The 250 tribes would each receive Minimum Funding in the amount of 1/
250 of $10 million, or $40,000.
Example B. Congress appropriates $30 million for base support
funding of tribal justice systems. 300 tribes apply for Minimum
funding; 290 tribes also apply for Factor-based Funding, with a total
number of factor-based points of 22,230.
The amount appropriated exceeds the threshold level of $20 million
for Factor-based Funding.
First, the amount of Minimum Funding is calculated using the
formula, Y equals 1.533333-0.026667X. Y is the proportion of the
appropriation to be allocated for Minimum Funding and X is the total
appropriation expressed in millions of dollars
[1.533333-0.026667(30)=0.73] In this and in the following examples,
intermediate calculations are not rounded; however, displayed results
are shown rounded to only two decimal places. Seventy-three percent
(73%) of the appropriation is allocated for Minimum funding and each
tribe would receive: .73($30,000,000)/300-$73,332.30.
The remainder of the appropriation is allocated to the 290 tribes
which applied for Factor-based Funding according to their part of the
cumulative 22,230 points: 100 percent minus 73 percent times
$30,000,000 divided by 22,230 points=$359.88 per factor-based point.
A tribe requesting Base Support Funding or Minimum Funding would
receive $73,332.30. If the same tribe also submitted a request for
Factor-based Funding and scored 82 factor points, the tribe would
receive: $73,332.20 + 82($359.88)=$102,842.09.
It is useful to note the effects that this formula will have on the
funding that tribes will receive if appropriations vary from year to
year. It appears that as appropriation levels go from low to the fully
authorized level, the funding of large tribes will generally rise; the
funding levels of small tribes may not rise and may decrease. The
results shown in the next example use the same basic situation as
described in Example B. Also, while requesting tribe L scores 82 factor
points, requesting tribe S scores 8 factor points. The appropriations
are for several different levels as though they occurred in successive
years.
Example C. 300 tribes apply for Minimum Funding; 290 tribes also
apply for Factor-based Funding, with a total number of factor-based
points of 22,230. Requesting tribe L is eligible for Minimum Funding
and is scored for 82 factor-based points; requesting tribe S is
[[Page 39609]]
also eligible for Minimum Funding and is scored for 8 factor-based
points.
------------------------------------------------------------------------
Total funding Total Funding
FY appropriation ($ Minimum funding to tribe L in to tribe S in
million) (percent) dollars dollars
------------------------------------------------------------------------
13.................. 100 43,333 43,333
19.................. 100 63,333 63,333
21.................. 97 70,199 68,335
30.................. 73 102,843 76,211
40.................. 47 140,915 69898
50.................. 20 180,882 47,726
------------------------------------------------------------------------
Base Support Funding will be made available to each federally
recognized tribe that submits a timely application. Tribes must request
Base Support Funding through their respective area offices within 20
days of the beginning of each Federal fiscal year. Tribes not making a
timely request will be excluded from funding for that fiscal year.
Postmarks will govern timeliness and hand-carried materials will not be
accepted.
This formula addresses only the ``Base Support Funding Formula''
requirements of Section 103 of the ITJA, 25 U.S.C. 3613. This rule does
not include the authorization and distribution of funds for the Office
of Tribal Justice Support, survey of tribal judicial systems, or tribal
judicial conferences (see 25 U.S.C. 3611, 3612, 3614 and 3621).
Regulations will be prepared, if necessary, at a later date. The tribal
self-governance, or ``compacting,'' aspects of those Sections will be
considered then.
The Department of the Interior (Department) requested that the
Bureau of Indian Affairs solicit comments to the following:
(1) Should the threshold that triggers the use of factor-based
funding be lowered to less than $20 million? If so, should a percentage
of annual appropriations (for example 30%) or a fixed amount (for
example $5 million) of annual appropriations be distributed equally
among applicant tribes?
The Department is concerned that no funds have been appropriated
for the Indian Tribal Justice Act and the Administration forecasts a
decrease in future Department of the Interior budgets, not an increase.
In light of budget projections which indicate it will be difficult to
secure funding for new initiatives such as tribal justice support, the
Department questions whether any appropriation would be large enough to
reach the $20 million threshold for allocating factor-based funding
(see Sec. 92.13(a)(2)). Funds would then be distributed equally among
applicant tribes, without consideration of factors such as population,
case load, complexity of cases, etc.
(2) Should the formula be revised so that no tribe would receive a
reduced amount as appropriations increase? Factor-based funding is a
sliding proportion of each appropriation (see Sec. 92.17). Under the
current formula, smaller tribes will receive reduced funding when
appropriations reach $31 million (see examples B and C above). The
Department recommends that tribes consider a formula that distributes a
portion of each appropriation equally among all tribes and the
remainder above a specific threshold be distributed based on factor-
based points. For example: if the threshold is $15 million and $25
million is appropriated, $15 million would be distributed equally and
the remaining $10 million would be distributed based on factor-based
points.
Evaluation and Certification
The authority to issue rules and regulations is vested in the
Secretary of the Interior by 5 U.S.C. 301 and sections 463 and 465 of
the Revised Statutes, 25 U.S.C. 2 and 9.
Public Participation Statement
Publication of the proposed rule by the Department of the Interior
(Department) provides the public an opportunity to participate in the
rulemaking process. Interested persons may submit written comments
regarding the proposed rule to the location identified in the
``addresses'' section of this document.
Executive Order 12778
The Department has certified to the Office of Management and Budget
(OMB) that these proposed regulations meet the applicable standards
provided in sections 2(a) and 2(b)(2) of Executive Order 12778.
Executive Order 12866
This proposed rule is a significant regulatory action under
Executive Order 12866 and has been reviewed by the Office of Management
and Budget.
Regulatory Flexibility Act
This proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). This proposed rule will determine the
funding levels to be awarded to tribes for the purposes of creating new
or enhancing and improving existing tribal court systems. In the event
a tribe elects to receive funding, there are likely to be improvements
in the exercise of civil jurisdiction by tribes. This improvement may
increase the rate of civil collections by private economic enterprises
operating on or near Indian reservations. In addition, there may be an
increase in the number of civil claims made against private economic
enterprises.
Executive Order 12630
The Department has determined that this proposed rule does not have
``significant'' takings implications. The proposed rule does not
pertain to ``taking'' of private property interests, nor does it impact
private property.
Executive Order 12612
The Department has determined that this proposed rule does not have
significant federalism effects because it pertains solely to Federal-
tribal relations and will not interfere with the roles, rights and
responsibilities of states.
NEPA Statement
The Department has determined that this proposed rule does not
constitute a major Federal action significantly affecting the quality
of the human environment and that no detailed statement is required
pursuant to the National Environmental Policy Act of 1969.
Paperwork Reduction Act of 1995
Sections 92.16 and 92.19 contain information collection
requirements. As required by the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), the Department of the Interior has submitted a copy of
these sections to the Office of Management and Budget (OMB) for its
review.
Indian tribes and tribal organizations are eligible for funds to
develop, enhance, and continue the operation of tribal justice systems
and traditional tribal justice systems. The information to be collected
includes: Assurances to meet certain statutory requirements; a
supporting tribal resolution; and specific information regarding the
tribe and its tribal justice system.
All information is to be collected annually from each applicant.
The annual reporting and recordkeeping burden for this collection of
information is estimated to average 50 hours for each response for 554
respondents, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and review collection of information. Thus, the total annual
reporting and recordkeeping burden for this collection is estimated to
be 27,700 hours.
Organizations and individuals desiring to submit comments on the
information collection requirement
[[Page 39610]]
should direct them to the Office of Information and Regulatory Affairs,
OMB, Room 10202, New Executive Office Building, Washington, DC 20503;
Attention: Desk Officer for the U.S. Department of the Interior.
The Department considers comments by the public on this proposed
collection of information in--
Evaluating whether the proposed collection of information is
necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility;
Evaluating the accuracy of the Department's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
Enhancing the quality, usefulness, and clarity of the information
to be collected; and
Minimizing the burden of the collection of information on those who
are to respond, including through the use of appropriate automated,
electronic, mechanical, or other collection techniques or other forms
of information technology.
OMB is required to make a decision concerning the collection of
information contained in these proposed regulations between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment to the OMB is best assured of having its full
effect if OMB receives it within 30 days of publication. This does not
affect the deadline for the public to comment to the Bureau of Indian
Affairs on the proposed regulations.
Drafting Information
The primary author of this document was Carey N. Vicenti, the
former Special Assistant to the Director of the Office of Tribal
Services, Bureau of Indian Affairs, Department of the Interior.
List of Subjects in 25 CFR Part 92
Indians--courts, Indians--law.
For the reasons given in the preamble, part 92 of Title 25, chapter
I of the Code of Federal Regulations is proposed to be added as set
forth below.
PART 92--INDIAN TRIBAL JUSTICE SUPPORT
Subpart A--Policy and Definitions
Sec.
92.1 Policy.
92.2 Definitions.
92.3 Information Collection.
92.4-92.9 [Reserved].
Subpart B--Base Support Funding Formula for Indian Tribal Justice
Systems
92.10 What is the purpose of the base support funding formula for
Indian tribal justice systems?
92.11 What is base support funding?
92.12 How may tribes use base supporting?
92.13 How is base support funding distributed?
92.14 Under what authority is base support funding distributed?
92.15 Who is eligible to receive base support funding?
92.16 How does a tribe, tribal organization or tribal consortium
apply for minimum funding?
92.17 How is minimum funding calculated?
92.18 How does a tribe, tribal organization or tribal consortium
apply for factor-based funding?
92.19 How is factor-based funding calculated?
92.20-92.100 [Reserved]
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 13, 200, 3601, et seq.
Subpart A--Policy and Definitions
Sec. 92.1 Policy.
Tribal justice systems are an essential part of tribal governments
and serve as important forums for ensuring public health and safety and
the political integrity of tribal governments. The Congress, through
statutes, treaties, and the exercise of administrative authorities, has
recognized the self-determination, self-reliance, and inherent
sovereignty of Indian tribes to establish their own form of government,
including tribal justice systems.
Sec. 92.2 Definitions.
Base support means the Federal funds appropriated under the Indian
Tribal Justice Act that are available for Indian Tribal Justice Support
under 25 CFR part 92.
Base support funding formula means the formula for the base support
of a tribal justice system consisting of the sum of a Minimum Funding
and Factor-based Funding.
Bureau means Bureau of Indian Affairs.
Closing date means the date advertised in the Federal Register as
the final date for the submission of an Indian Tribal Justice Act
(ITJA) funding request.
Courts of Indian Offenses means the courts established pursuant to
25 CFR part 11.
Factor-based Funding means a level of funding established on the
weight of specified information and facts.
Indian country means all dependent Indian communities within the
borders of the United States whether within the original or
subsequently acquired territory thereof, and all Indian allotments, the
Indian titles to which have not been extinguished, including rights-of-
way running through the same.
Indian reservation means any Federally established Indian
reservation, public domain Indian allotment, former Indian reservation
in Oklahoma, or lands held by incorporated Native groups, regional
corporations, or village corporations under the provisions of the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
Indian tribe means any Indian tribe, band, nation, pueblo or other
organized group or community, including any Alaska Native entity, which
administers justice under its inherent authority or the authority of
the United States and which is recognized as eligible for the special
programs and services provided by the United States to Indian tribes
because of their status as Indians.
Minimum Funding means a level of funding established by a formula
as the minimum entitlement of a requesting tribe.
Must is used in place of shall and indicates a mandatory or
imperative act or requirement.
Office of Tribal Justice Support means the office established
within the Bureau of Indian Affairs.
Secretary means the Secretary of the Interior.
Traditional justice system means the traditional judicial or
dispute resolution practices of the tribe.
Tribal organization means the recognized governing body of any
Indian tribe or any legally established organization of Indians which
is controlled, sanctioned, or chartered by such a governing body or
which is democratically elected by the adult members of the Indian
community to be served by the organization and which includes the
maximum participation of Indians in all phases of its activities
provided that where a contract is let or grant made to an organization
to perform services benefitting more than one Indian tribe, each tribe
must approve before a contract or grant awarded.
Tribal justice system means the entire judicial branch, and
employees thereof, of an Indian tribe, including (but not limited to)
traditional methods and forums for dispute resolution, lower courts,
appellate courts (including intertribal appellate courts), alternative
dispute resolution systems, and circuit rider systems, established by
inherent tribal authority whether or not they constitute a court of
record.
Tribal official, means an elected official or any other official
designated
[[Page 39611]]
under tribal law to request ITJA funding.
Sec. 92.3 Information collection.
The information collection requirement contained in Secs. 92.16 and
19.19 will be approved by the Office of Management and Budget under the
Paperwork Reduction Act of 1995, 44 U.S.C. 3507(d), and assigned
clearance number ------------------. The information is collected when
tribes apply for base support funding for Indian tribal justice
systems.
Secs. 92.4-92.9 [Reserved]
Subpart B--Base Support Funding Formula for Indian Tribal Justice
Systems
Sec. 92.10 What is the purpose of the base support funding formula for
Indian tribal justice systems?
The purpose of the formula described in this section is to provide
an allocation mechanism for funding to Indian tribes and tribal
organizations for the development, enhancement, and continuing
operation of tribal justice systems.
Sec. 92.11 What is base support funding?
Base support funding consists of Federal funds appropriated under
the Indian Tribal Justice Act for tribal justice systems, 25 U.S.C.
3613. The total available for Indian tribal justice systems is
subdivided into minimum funding and factor-based funding.
Sec. 92.12 How may tribes use base support funding?
Base support funding may be used for:
(a) The planning, development, enhancement and operation of tribal
justice systems; for the employment of judicial personnel;
(b) Training and continuing education for tribal judicial
personnel;
(c) The acquisition, development and maintenance of legal research
capacities;
(d) For the development, revision, and publication of tribal codes,
rules of practice, rules of procedure, and standards of judicial
performance and conduct;
(e) The development and operation of records management systems;
for the construction or renovation of facilities for tribal justice
systems;
(f) The cost of membership and travel expenses for participation in
national and regional organizations of tribal justice systems and other
professional organizations; and
(g) The development and operation of innovative and culturally
relevant programs, such as alternative dispute resolution, victims
services, probation and diversion programs, juvenile services,
multidisciplinary investigations of child abuse, traditional tribal
judicial practices, traditional tribal justice systems, and traditional
tribal methods of dispute resolution.
Sec. 92.13 How is base support funding distributed?
(a) Funds will be distributed, subject to the availability of
appropriations.
(1) Minimum funding is available to each Indian tribe. In any year
that the appropriation is $20 million or less, the entire amount will
be set aside for minimum funding and distributed equally. As
appropriations increase above $20 million to the full authorization
level of $50 million, the amount set aside for minimum funding will
decrease proportionately to no less than 20 percent or $10 million.
(2) Factor-based funding is calculated when appropriations for base
funding exceed $20 million. After all requesting tribes have been
allocated minimum funding, the remaining sum is then divided by the
cumulative total of factor points and distributed to the tribes
according to the factor points each has scored.
(b) Base support funding (the sum of minimum funding and factor-
based funding) is not subject to tribal priority allocations.
(c) Tribes may supplement base support funding with funds received
from any other source including the Bureau or any other Federal agency
and are not subject to this part.
Sec. 92.14 Under what authority is base support funding distributed?
The Secretary may enter into agreements with Indian tribes, tribal
organizations, or tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act, as amended (25 U.S.C. 450
et seq.) for the development, enhancement, and continuing operation of
tribal justice systems and traditional tribal judicial practices by
Indian tribal governments.
Sec. 92.15 Who is eligible to receive base support funding?
Federally recognized Indian tribes, tribal organizations, or tribal
consortia that submit timely applications.
Sec. 92.16 How does a tribe, tribal organization or tribal consortium
apply for minimum funding?
(a) Each tribe, including self-governance tribes, tribal
organization or tribal consortium must submit a written request for
minimum support funding to the Bureau official responsible for
negotiating its annual agreement or Indian Self-Determination and
Education Assistance Act agreement. Requests must be received within 30
days of the beginning of each Federal fiscal year. Postmarks will
govern timeliness and hand-carried materials will not be accepted.
Tribes, tribal organizations or tribal consortia not making a timely
request will be excluded from funding for that fiscal year.
(b) In addition to the contracting, grant and funding agreement
requirements of the Indian Self-Determination and Education Assistance
Act, as amended, 25 U.S.C. 450 et seq., all requests for base support
funding must include a current supporting tribal resolution(s), or such
other written expression(s) as tribal laws or practice require.
Sec. 92.17 How is minimum funding calculated?
(a) In any fiscal year in which the total appropriated for base
support funding is $20 million or less, the total appropriation will be
divided equally among the tribes submitting a timely request.
(b) In any fiscal year in which the total appropriated for base
support funding is greater than $20 million, the minimum funding for
each tribe submitting a timely request will be determined by the
following process.
(1) The proportion of the total appropriation to be allocated for
minimum funding will be calculated by applying the following formula:
Y=1.533333-0.026667X
Y is the proportion of the total appropriated base support funding
that is allocated for minimum funding. X is the total appropriated
base support funding in millions of dollars.
(2) The minimum funding for each tribe will then be calculated by
applying the following formula:
M=YXN
M is the minimum funding in millions of dollars for each tribe
submitting a timely application. N is the total number of tribes
submitting a timely application.
Sec. 92.18 How does a tribe, tribal organization or tribal consortium
apply for factor-based funding?
To be eligible for factor-based funding, the applicant's request
for funding must include the information required in Secs. 92.16 and
92.19.
Sec. 92.19 How is factor-based funding calculated?
The Bureau official responsible for negotiating the annual Indian
Self-Determination and Education
[[Page 39612]]
Assistance Act agreement (responsible Bureau official) will score each
request for factor-based funding. The responsible Bureau official will
submit documented scores for each requesting tribe to the Office of
Tribal Justice Support. All documented scores will be totaled for one
national sum. The national sum will be divided into the factor-based
funding set aside to obtain a dollar-per-point figure. The responsible
Bureau official will calculate the factor-based funding for each tribe
making a timely request.
(a) Factors and the points assigned to each factor.
(1) Population to be served (up to 32 points).
(i) Tribal enrollment. The number of persons enrolled with the
tribe:
------------------------------------------------------------------------
For populations Points
------------------------------------------------------------------------
Up to 1,000.................................................... 2
1,001 to 3,000................................................. 4
3,001 to 12,000................................................ 7
12,001 to 30,000............................................... 10
30,001 to 100,000.............................................. 15
100,001 and higher............................................. 20
------------------------------------------------------------------------
(ii) Reservation Population. The number of transients and persons
residing within the geographic area served by the tribe at the close of
the prior Federal fiscal year.
------------------------------------------------------------------------
For populations Points
------------------------------------------------------------------------
Up to 3,000.................................................... 2
3,001 to 12,000................................................ 4
12,001 to 30,000............................................... 5
30,001 to 50,000............................................... 8
50,001 to 100,000.............................................. 10
100,001 and higher............................................. 12
------------------------------------------------------------------------
(2) Territory (up to 17 Points).
(i) Number of acres classified as Indian Reservation.
------------------------------------------------------------------------
Acreage Points
------------------------------------------------------------------------
Up to 1,000.................................................... 1
1,000 to 10,000................................................ 3
10,000 to 100,000.............................................. 5
100,001 and higher............................................. 6
------------------------------------------------------------------------
(ii) Number of acres defined as Indian Country.
------------------------------------------------------------------------
Acreage Points
------------------------------------------------------------------------
Up to 1,000.................................................... 1
1,000 to 10,000................................................ 3
10,000 to 100,000.............................................. 4
100,001 and higher............................................. 5
------------------------------------------------------------------------
(iii) Geographic isolation. The distance in miles from the seat of
tribal government to the nearest commercial and governmental center
with a population of 50,000 or more.
------------------------------------------------------------------------
Miles Points
------------------------------------------------------------------------
Up to 100...................................................... 0
100 to 200..................................................... 4
201 and higher................................................. 6
------------------------------------------------------------------------
(4) Jurisdiction (up to 10 Points). The extent to which an Indian
tribe exercises subject matter jurisdiction over various areas
available to it under notions of Federal Indian and Tribal law,
including but not limited to:
(i) Exercise of misdemeanor criminal jurisdiction over tribal
members and non-member Indians (3 Points).
(ii) Exercise of jurisdiction beyond the exterior boundaries of the
reservation, such as regulation of the conduct of tribal members,
Indian Child Welfare Act (1 Point).
(iii) Exercise of jurisdiction to protect, conserve, and assure the
quality, quantity, or access to natural resources (1 Point).
(iv) Exercise of jurisdiction over familial matters, such as
marriage and dissolution, support and custody, child abuse and
dependency, juvenile matters, guardianship and involuntary commitment
of adults (2 Points).
(v) Exercise of jurisdiction over roadways, vehicles, and traffic
within the exterior boundaries of the reservation (1 Point).
(vi) Exercise of appellate review of trial level decision-making (2
Points).
(5) Caseload (up to 10 Points). The number of cases heard in the
preceding Federal fiscal year. The higher of the actual caseload or the
presumptive caseload will be calculated.
------------------------------------------------------------------------
Number of annual cases Points
------------------------------------------------------------------------
Up to 100...................................................... 2
100 to 3,000................................................... 4
3,001 to 5,000................................................. 6
5,001 to 10,000................................................ 8
10,001 and higher.............................................. 10
------------------------------------------------------------------------
(i) Actual Caseload. The actual caseload shall consist of the
number of cases heard and decided at the trial and appellate level, or
brought before traditional justice systems.
(ii) Presumptive Caseload. In lieu of an actual caseload, a tribe
may estimate a rate of 1 case for every 5 reservation residents.
(6) Complexity of Cases (up to 3 Points). Judicial review of, at
least, 3 civil cases involving complex legal issues, as defined and
documented by the tribe.
(7) Probation Services and Diversion Programs (up to 3 Points). The
provision of probation services and diversion programs.
(8) Facilities (up to 5 Points). A tribe without an existing
facility which is fully or in large part dedicated to the court
function will receive 5 points.
(9) Renovation (up to 4 Points). The cost of renovating an existing
structure. More than 50% of the facility must be dedicated to judicial
activities; the age of the facility will be calculated.
------------------------------------------------------------------------
Age Points
------------------------------------------------------------------------
0-5 years...................................................... 0
5-10 years..................................................... 1
10-15 years.................................................... 2
16 years or older.............................................. 4
------------------------------------------------------------------------
(10) Start-up costs (up to 10 Points). A tribe that has no tribal
justice system will receive 10 points.
(11) Economy (up to 6 Points). Measures the percentage of the
population to be served that is unemployed and/or below the applicable
state poverty level.
------------------------------------------------------------------------
Percentage Points
------------------------------------------------------------------------
0-8............................................................ 0
8-15........................................................... 4
16 or higher................................................... 6
------------------------------------------------------------------------
(b) The tribe will receive the applicable point(s) for each
demonstrated factor.
(c) After all requesting tribes have been allocated Minimum
Funding, the remaining sum will be divided by the cumulative total of
points. The resulting figure is the funding amount attributed to each
point (dollar-per-point).
(d) Factor-based Funding is calculated by multiplying the tribe's
score by the dollar-per-point.
Secs. 92.20-92.100 [Reserved].
Dated: June 17, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-18447 Filed 7-29-96; 8:45 am]
BILLING CODE 4310-02-P
