15tcclasol.pdf

OMB No. 1121-0329

U.S. Department of Justice Approval Expires 07/31/2016

Office of Justice Programs Bureau of Justice Assistance

The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) is seeking applications for funding under the Tribal Civil and Criminal Legal Assistance (TCCLA) Program. TCCLA provides funding to non-profits and organizations for quality legal assistance targeting members of Indian tribes and tribal justice systems and quality technical assistance to support development and enhancement of tribal justice systems. The goal of TCCLA is to enhance tribal court systems and improve access to civil and criminal court systems. This program furthers the Department’s mission by providing assistance to promote the fair and impartial administration of justice at the tribal level.

Tribal Civil and Criminal Legal Assistance Grants, Training, and Technical Assistance

FY 2015 Competitive Grant Announcement

Eligibility

CATEGORY 1: TRIBAL CIVIL LEGAL ASSISTANCE GRANTS

Applicants in Category 1 are limited to non-profit organizations, as defined by Internal Revenue Code (I.R.C.) § 501(c)(3)), including tribal enterprises and educational institutions (public, private, and tribal colleges and universities), that provide legal assistance services for members of federally recognized Indian tribes pursuant to federal poverty guidelines, Indian tribes, or tribal justice systems. Federal poverty guidelines are updated every year by the U.S.

Department of Health and Human Services (http://aspe.hhs.gov/poverty/14poverty.cfm).

CATEGORY 2: TRIBAL CRIMINAL LEGAL ASSISTANCE GRANTS

Applicants in Category 2 are limited to non-profit organizations, as defined by (Internal Revenue Code (I.R.C.) § 501(c)(3)), including tribal enterprises and educational institutions (public, private, and tribal colleges and universities)that provide legal assistance services to eligible individuals pursuant to federal poverty guidelines, federally recognized Indian tribes, or tribal justice systems. Federal poverty guidelines are updated every year by the U.S. Department of Health and Human Services (http://aspe.hhs.gov/poverty/14poverty.cfm)

CATEGORY 3: TRIBAL JUSTICE TRAINING AND TECHNICAL ASSISTANCE

Applicants in Category 3 are limited to national or regional membership organizations and associations whose membership or a membership section consists of judicial system personnel within tribal justice systems.

Tribal justice systems are defined as a federally recognized Indian tribe’s entire judicial branch—including traditional methods and forums for dispute resolution, trial courts, appellate courts, inter-tribal courts, alternative dispute resolution systems, and circuit rider systems— established by inherent tribunal authority whether or not they constitute a court of record.

http://www.justice.gov/ http://www.ojp.gov/ https://www.bja.gov/ https://www.bja.gov/ http://aspe.hhs.gov/poverty/14poverty.cfm http://aspe.hhs.gov/poverty/14poverty.cfm

BJA-2015-4218

Judicial system personnel are defined as any judge, magistrate, court counselor, court clerk, court administrator, bailiff, probation officer, officer of the court, dispute resolution facilitator, or other official, employee (e.g., tribal defenders and tribal prosecutors), or volunteer within the tribal judicial system.

BJA welcomes applications that involve two or more entities; however, one eligible entity must be the applicant and the others must be proposed subrecipients. The applicant must be the entity with primary responsibility for administering the funding and managing the project/program. Only one application per lead applicant will be considered; however, subrecipients may be part of multiple proposals.

BJA may elect to make awards for applications submitted under this solicitation in future fiscal years, dependent on the merit of the applications and on the availability of appropriations.

For additional eligibility information, see Section C. Eligibility Information.

Deadline Applicants must register with Grants.gov prior to submitting an application. All applications are due to be submitted and in receipt of a successful validation message in Grants.gov by 11:59 p.m. eastern time on June 9, 2015.

All applicants are encouraged to read this Important Notice: Applying for Grants in Grants.gov.

For additional information, see How To Apply in Section D. Application and Submission Information.

Contact Information

For technical assistance with submitting the application, contact the Grants.gov Customer Support Hotline at 800–518–4726 or 606–545–5035 or via e-mail to support@grants.gov. The Grants.gov Support Hotline hours of operation are 24 hours a day, 7 days a week, except federal holidays.

Applicants that experience unforeseen Grants.gov technical issues beyond their control that prevent them from submitting their application by the deadline must e-mail the BJA contact identified below within 24 hours after the application deadline and request approval to submit their application. Additional information on reporting technical issues is found under “Experiencing Unforeseen Grants.gov Technical Issues” in the How To Apply section.

For assistance with any other requirement of this solicitation, contact the National Criminal Justice Reference Service (NCJRS) Response Center at 1–800-851-3420, via totty at 301-240- 6310 (hearing impaired only); email responsecenter@ncjrs.gov; fax to 301-240-5830; or web chat at https://webcontact.ncjrs.gov/ncjchat/chat.jsp. The NCJRS Response Center hours of operation are 10:00 a.m. to 6:00 p.m. eastern time, Monday through Friday and 10:00 a.m. to 8:00 p.m. eastern time on the solicitation close date.

Grants.gov number assigned to announcement: BJA-2015-4218 Release date: April 20, 2015 http://www.grants.gov/web/grants/home.html http://ojp.gov/funding/Apply/Grants-govInfo.htm http://ojp.gov/funding/Apply/Grants-govInfo.htm mailto:support@grants.gov http://www.grants.gov/web/grants/home.html mailto:responsecenter@ncjrs.gov https://webcontact.ncjrs.gov/ncjchat/chat.jsp

Contents A. Program Description

Overview

Program-Specific Information

Goals, Objectives, and Deliverables

Evidence-Based Programs or Practices

B. Federal Award Information

Type of Award

Financial Management and System of Internal Controls

Budget Information

Cost Sharing or Match Requirement

Pre-Agreement Cost Approvals

Limitation on Use of Award Funds for Employee Compensation; Waiver

Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs

Costs Associated with Language Assistance (if applicable)

C. Eligibility Information

Cost Sharing or Match Requirement

Limit on Number of Application Submissions

D. Application and Submission Information

What an Application Should Include

How To Apply

E. Application Review Information

Selection Criteria

Review Process

F. Federal Award Administration

Federal Award Notices

Administrative, National Policy, and other Legal Requirements

General Information about Post-Federal Award Reporting Requirements

G. Federal Awarding Agency Contact(s)

H. Other Information

Provide Feedback to OJP on This Solicitation

Application Checklist

Tribal Civil and Criminal Legal Assistance Grants, Training, and Technical Assistance

(CFDA #16.815)

A. Program Description

Overview Authorized by the Indian Tribal Justice Technical and Legal Assistance Act of 2000, Title I (25 U.S.C. 3651, et seq. (Public Law 106-559)), BJA’s Tribal Civil and Criminal Legal Assistance (TCCLA) grants enhance tribal justice systems and improve access to those systems. Targeted to non-profit organizations as defined in the eligibility section on the title page, the grants serve to strengthen and improve the representation of low-income tribal members who are litigants in civil causes of action and all indigent defendants in criminal proceedings under the jurisdiction of Indian tribes. Finally, a third category funds training and technical assistance (TTA) that supports the development and enhancement of tribal justice systems.

Program-Specific Information

From FY 2010 to 2014, the TCCLA program received congressional appropriations of $11,140,989, less program reductions, combined with $1,638,125 of Tribal Courts Assistance Program funds for a total of $12,779,114. With this sum, BJA made 28 awards: 11 awards in Category 1, Civil Legal Assistance and 11 awards in Category 2, Criminal Legal Assistance were made to 501(c)(3) nonprofits and Indian tribes1; and 6 awards in Category 3, TTA were made to national/regional membership organizations.

An overview of grantee activities seeking to improve access to justice in tribal communities reveals remarkable breadth, scope and opportunities for change in tribal communities. For example, grant-funded attorneys represent women in obtaining protection orders in domestic violence cases, assist grandparents who are raising their grandchildren obtain public benefits like Social Security and housing, and secure benefits for returning Native American veterans, aid native veterans.

Grantees of both Category 1 and 2 also focused on legal services other than legal representation of tribal members and other individuals as authorized in Categories 1 and 2, such as code development, training, education, and region-specific projects.

For Category 3, TCCLA TTA resources are open to TCCLA grantees and tribal justice systems, including non-DOJ grantees. The National American Indian Court Judges Association is providing TTA on holistic justice approaches to crime and violence in tribal communities. Visit NAICJA at www.naicja.org for more information. The American Probation and Parole Association (APPA) is providing TTA to tribal justice systems that are implementing the enhanced sentencing authority in the Tribal Law and Order Act. For more information, go to www.appa-net.org/.

Further information about the TCCLA program can be found in “Overview of the Bureau of Justice Assistance's Tribal Civil and Criminal Legal Assistance Program and Resources.” This

1 Awards to Indian tribes were made in FY 2010 and 2011 when Tribal Courts Assistance Program (TCAP) funding was added support TCCLA program. Since 2012, no TCAP funds (now Purpose Area #3, Tribal Justice Systems and Alcohol and Substance Abuse of the Coordinated Tribal Assistance Solicitation) were added.

http://www.naicja.org/ http://www.appa-net.org/ https://www.bja.gov/Publications/TCCLA_Overview.pdf https://www.bja.gov/Publications/TCCLA_Overview.pdf overview identifies resources and eligibility guidelines for tribes seeking to obtain or provide civil and criminal legal assistance for their communities, explores program sustainment strategies, and outlines several promising practices for the provision of indigent legal assistance in tribal communities.

Goals, Objectives, and Deliverables The goals of TCCLA are to 1) enhance the operations of tribal justice systems and improve access to those systems, and 2) provide TTA for development and enhancement of tribal justice systems. Related objectives are to provide quality technical and legal assistance and to encourage collaboration among grantees, Indian tribes, and tribal justice communities to enhance the provision of legal services in tribal justice systems. Grantee objectives have included providing procedural justice and enhancing due process in tribal civil and criminal legal procedures, legal infrastructure enhancements, public education, and TTA for the development and enhancement of tribal justice systems.

In Categories 1 and 2, funding may be awarded to 501(c)(3) non-profit organizations to collaborate with tribal justice systems to provide direct legal representation in civil and criminal proceedings under the jurisdiction of Indian tribes. This may include strategies to collaborate with private, public, or tribal colleges and universities to create clinical programs that serve these goals. Clinical programs may also provide legal services to tribes. These services might include code development and legal representation. Programs may also provide assistance to enhance the operation of tribal justice systems in addressing tribal safety issues, such as alternatives to incarceration and enhanced sentencing authority under the Tribal Law and Order Act (TLOA) and special domestic violence criminal jurisdiction under the Violence Against Women Reauthorization Act of 2013 (VAWA).

In Category 3, funding will be used to provide regional and national training to tribal court professionals across the United States. This training can include tools such as a distance learning module for tribal judicial personnel, online tools, and printed information for public education, code development, and the dissemination of training information to help build capacity in tribal justice systems.

Any grantees that have subgrantees will be required to collect and report on TCCLA performance measures for all subgrantees; identify and explain trends from the performance measure data submissions, including data collection practices and assessing subgrantee capacity for reporting during site visits and phone calls; and will make recommendations for improvement.

Tribal Law and Order Act of 2010 Applicants and tribal criminal justice systems are encouraged to review the Indian Civil Rights Act of 1968 (25 U.S.C. 1302), as amended by Section 234 of TLOA (Public Law 111-211).

TLOA amendments to the Indian Civil Rights Act provide for enhanced tribal court sentencing authority in criminal cases when tribal courts use qualified judges; set forth additional minimum standards for tribal courts with respect to defendant rights (including the right to effective assistance of qualified counsel); make publicly available tribal criminal codes, rules of evidence, and rules of criminal procedure of the tribal government before charging a defendant; and record the criminal proceedings in which the tribal court invoked TLOA’s enhanced sentencing authority. BJA encourages the use of TCCLA resources to assist tribes in the exercise of these new authorities.

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_public_laws&docid=f:publ211.111.pdf

Evidence-Based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making and program development in criminal justice, juvenile justice, and crime victim services. OJP is committed to:

Improving the quantity and quality of evidence OJP generates

Integrating evidence into program, practice, and policy decisions within OJP and the field

Improving the translation of evidence into practice

OJP considers programs and practices to be evidence-based when their effectiveness has been demonstrated by causal evidence, generally obtained through one or more outcome evaluations. Causal evidence documents a relationship between an activity or intervention (including technology) and its intended outcome, including measuring the direction and size of a change, and the extent to which a change may be attributed to the activity or intervention. Causal evidence depends on the use of scientific methods to rule out, to the extent possible, alternative explanations for the documented change. The strength of causal evidence, based on the factors described above, will influence the degree to which OJP considers a program or practice to be evidence-based. The OJP CrimeSolutions.gov web site is one resource that applicants may use to find information about evidence-based programs in criminal justice, juvenile justice, and crime victim services.

B. Federal Award Information

BJA estimates that it will make up to five awards for the amounts and project periods indicated below. Applicants may submit their applications under any of the following categories.

Applicants should clearly indicate in the abstract under which category they are applying.

All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law.

Award Categories

CATEGORY 1: TRIBAL CIVIL LEGAL ASSISTANCE GRANTS. Grant Amount: Up to $875,000 each. Project Period: Up to 24 months. Competition ID: BJA-2015-4219.

BJA anticipates making one or more awards under Category 1. Applicants may request any dollar amount up to $875,000. Applicants requesting funding for projects that serve a small number of tribes are encouraged and should request significantly fewer funds.

Under Category 1, applications are solicited to provide civil legal assistance services for members of Indian tribes pursuant to the federal poverty guidelines, Indian tribes, and tribal justice systems. These services may include guardian ad-litem appointments, court-appointed special advocates, and development and enhancement of tribal court policies, procedures, and code.

CATEGORY 2: TRIBAL CRIMINAL LEGAL ASSISTANCE GRANTS. Grant Amount: Up to $875,000 each. Project Period: Up to 24 months. Competition ID: BJA-2015-4220.

BJA anticipates making one or more awards under Category 2. Applicants may request any dollar amount up to $875,000. Applicants requesting funding for projects that serve a small number of tribes are encouraged and should request significantly fewer funds.

http://www.crimesolutions.gov/

Under Category 2, applications are solicited to provide criminal legal assistance services for low income individuals pursuant to the federal poverty guidelines, Indian tribes, and tribal justice systems. Services may include adult criminal actions, juvenile delinquency actions, and guardian ad-litem appointments arising out of criminal delinquency acts or development and development and enhancement of tribal court policies, procedures, and code.

CATEGORY 3: TRIBAL JUSTICE TRAINING AND TECHNICAL ASSISTANCE. Grant Amount: Up to $500,000. Project Period: Up to 24 months. Competition ID: BJA-2015- 4221.

BJA anticipates making one award under Category 3. Resources will support the current TCCLA grantees and subgrantees and, as resources allow, non-DOJ grantees who are federally recognized Indian tribes or their tribal justice systems.

Under Category 3, applications from TTA providers must demonstrate the capacity to:

Deliver national or regional scope TTA to tribal justice systems.

Coordinate to ensure no duplication of trainings and work closely with BJA and all DOJ tribal justice system TTA providers.

The selected TTA provider shall provide the following:

Develop and implement a plan to compile a needs assessment. Develop outreach activities (surveys, meetings, and other innovative activities) to obtain input from TCCLA grantees and tribal justice systems in compiling an informed needs assessment. The needs assessment should incorporate findings from the 2014 National Tribal Courts Survey conducted by the Bureau of Justice Statistics (BJS) and other national studies where tribal justice system-related data exists. The findings from all these activities will guide TTA development and delivery.

Plan and conduct two training events based on gaps in service currently provided to tribal justice systems. The ideas proposed should not duplicate services already funded, including training provided under BJA’s Justice Systems and Alcohol and Substance Abuse program of the Coordinated Tribal Assistance Solicitation and by other TCCLA partners who are offering training on issues including effective advocacy and exercising enhanced sentencing authority. For FY 2015, one of the priorities for BJA, based on feedback from the field, will be to fund TTA on implementing holistic approaches in the representation of tribal members in tribal courts, which could include collaboration between civil and criminal indigent defense and other related services for tribal members to enhance outcomes for clients consistent with the TCCLA program and principles of healing and wellness. One document that might be helpful is DOJ’s and the U.S.

Department of the interior’s Expert Working Group Report: Native American Traditional Practices. Other resources can be found on the BJA web site at:

www.bja.gov/ProgramDetails.aspx?Program_ID=88.

Develop and implement online tools and printed materials to support the trainings outlined in the bullet above. Training and materials described below should include education for the public, tribal members, tribal justice systems, and Indian tribes on legal assistance and Indian Country justice systems and technical assistance (TA) available to grantees in Categories 1 and 2. Training will be developed in conjunction with BJA.

Provide ongoing TA to TCCLA grantees (awarded in FY 2011 to present) and/or tribal justice systems including at least three onsite assistance visits during the project period.

TA formats include, but are not limited to, telephone, distance learning, web-based, written, and/or onsite assistance.

http://www.justice.gov/tribal/training-and-technical-assistance http://www.justice.gov/tribal/training-and-technical-assistance http://www.justice.gov/sites/default/files/atj/legacy/2014/10/09/expert-working-group-report--native-american-traditional-justice-practices.pdf http://www.justice.gov/sites/default/files/atj/legacy/2014/10/09/expert-working-group-report--native-american-traditional-justice-practices.pdf http://www.bja.gov/ProgramDetails.aspx?Program_ID=88

Develop and disseminate up to three publications to be determined in conjunction with BJA, as well as other program- and training-related materials. One publication will be focused on Alaska Native Tribal Justice Systems, to be coordinated with TCCLA grantees, Alaska Tribal Court Judges Association, and/or the Tanana Chiefs Association who hosts an annual tribal courts conference in Alaska.

Conduct distance learning training, as appropriate, to complement classroom training.

Attend and present at national DOJ events providing information on TCCLA and tribal legal assistance activity and opportunities through TCCLA.

Provide scholarships to support tribes with inadequate resources to attend tribal justice systems trainings, specifically the two trainings that will be provided as deliverables under Category 3.

Coordinate with the BJA tribal TTA partners, the BJA National Training and Technical Assistance Center, and other partners and federal agencies as appropriate to the projects.

Type of Award2 BJA expects that it will make awards from Category 1, Civil Legal Assistance and Category 2, Criminal Legal Assistance of the solicitation in the form of a grant.

BJA expects that it will make all Category 3, Training and Technical Assistance awards from this solicitation in the form of a cooperative agreement, which is a particular type of grant used if BJA expects to have ongoing substantial involvement in award activities. Substantial involvement includes direct oversight and involvement with the grantee organization in implementation of the grant, but does not involve day-to-day project management. See Administrative, National Policy, and other Legal Requirements, under Section F. Federal Award Administration, for details regarding the federal involvement anticipated under an award from this solicitation.

Financial Management and System of Internal Controls If selected for funding, the award recipient must:

(a) Establish and maintain effective internal control over the federal award that provides reasonable assurance that the non-federal entity is managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award. These internal controls should be in compliance with guidance in “Standards for Internal Control in the Federal Government” issued by the Comptroller General of the United States and the “Internal Control Integrated Framework”, issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO).

(b) Comply with federal statutes, regulations, and the terms and conditions of the federal awards.

(c) Evaluate and monitor the non-federal entity's compliance with statute, regulations and the terms and conditions of federal awards.

2 See generally 31 U.S.C. §§ 6301-6305 (defines and describes various forms of federal assistance relationships, including grants and cooperative agreements (a type of grant)).

(d) Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings.

(e) Take reasonable measures to safeguard protected personally identifiable information and other information the federal awarding agency or pass-through entity designates as sensitive or the non-federal entity considers sensitive consistent with applicable federal, state and local laws regarding privacy and obligations of confidentiality.

In order to better understand administrative requirements and cost principles, award applicants are encouraged to enroll, at no charge, in the Department of Justice Grants Financial Management Online Training available here.

Budget Information

Cost Sharing or Match Requirement This solicitation does not require a match. However, if a successful application proposes a voluntary match amount, and OJP approves the budget, the total match amount incorporated into the approved budget becomes mandatory and subject to audit.

Pre-Agreement Cost Approvals OJP does not typically approve pre-agreement costs; an applicant must request and obtain the prior written approval of OJP for all such costs. If approved, pre-agreement costs could be paid from grant funds consistent with a grantee’s approved budget, and under applicable cost standards. However, all such costs prior to award and prior to approval of the costs are incurred at the sole risk of an applicant. Generally, no applicant should incur project costs before submitting an application requesting federal funding for those costs. Should there be extenuating circumstances that appear to be appropriate for OJP’s consideration as pre-agreement costs, the applicant should contact the point of contact listed on the title page of this announcement for details on the requirements for submitting a written request for approval. See the section on Costs Requiring Prior Approval in the Financial Guide, for more information.

Limitation on Use of Award Funds for Employee Compensation; Waiver With respect to any award of more than $250,000 made under this solicitation, recipients may not use federal funds to pay total cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110 percent of the maximum annual salary payable to a member of the Federal Government’s Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year.3 The 2015 salary table for SES employees is available on the Office of Personnel Management web site. Note: A recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds. (Any such additional compensation will not be considered matching funds where match requirements apply.)

The Assistant Attorney General (AAG) for OJP may exercise discretion to waive, on an individual basis, the limitation on compensation rates allowable under an award. An applicant requesting a waiver should include a detailed justification in the budget narrative of the application. Unless the applicant submits a waiver request and justification with the application, the applicant should anticipate that OJP will request the applicant to adjust and resubmit the budget.

3 This limitation on use of award funds does not apply to the non-profit organizations specifically named at Appendix VIII to 2 C.F.R. part 200.

http://gfm.webfirst.com/ http://ojp.gov/financialguide/index.htm http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/15Tables/exec/html/ES.aspx

The justification should include the particular qualifications and expertise of the individual, the uniqueness of the service the individual will provide, the individual’s specific knowledge of the program or project being undertaken with award funds, and a statement explaining that the individual’s salary is commensurate with the regular and customary rate for an individual with his/her qualifications and expertise, and for the work to be done.

Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs OJP strongly encourages applicants that propose to use award funds for any conference-, meeting-, or training-related activity to review carefully—before submitting an application—the OJP policy and guidance on “conference” approval, planning, and reporting available at www.ojp.gov/financialguide/PostawardRequirements/chapter15page1.htm. OJP policy and guidance (1) encourage minimization of conference, meeting, and training costs; (2) require prior written approval (which may affect project timelines) of most such costs for cooperative agreement recipients and of some such costs for grant recipients; and (3) set cost limits, including a general prohibition of all food and beverage costs.

Costs Associated with Language Assistance (if applicable) If an applicant proposes a program or activity that would deliver services or benefits to individuals, the costs of taking reasonable steps to provide meaningful access to those services or benefits for individuals with limited English proficiency may be allowable. Reasonable steps to provide meaningful access to services or benefits may include interpretation or translation services where appropriate.

For additional information, see the "Civil Rights Compliance" section under “Solicitation Requirements” in the OJP Funding Resource Center.

C. Eligibility Information

For additional eligibility information, see Title page.

Cost Sharing or Match Requirement For additional information on cost sharing and match requirement, see Section B. Federal Award Information.

Limit on Number of Application Submissions If an applicant submits multiple versions of the same application, BJA will review only the most recent system-validated version submitted. For more information on system-validated versions, see How To Apply.

D. Application and Submission Information

What an Application Should Include Applicants should anticipate that if they fail to submit an application that contains all of the specified elements, it may negatively affect the review of their application; and, should a decision be made to make an award, it may result in the inclusion of special conditions that preclude the recipient from accessing or using award funds pending satisfaction of the conditions.

http://www.ojp.gov/financialguide/PostawardRequirements/chapter15page1.htm http://ojp.gov/funding/index.htm

Moreover, applicants should anticipate that applications that are determined to be nonresponsive to the scope of the solicitation, or that do not include application elements that BJA has designated to be critical, will neither proceed to peer review nor receive further consideration. Under this solicitation, BJA has designated the following application elements as critical: Project Abstract, Program Narrative, Budget Detail Worksheet, Budget Narrative, Tribal Agreements for Project Services (for Categories 1 and 2 only, if applicable), Project Timeline, Resumes, I.R.S. determination letter recognizing 501(c)(3) tax exempt status and public charity classification, and Memorandums of Understanding. Applicants may combine the Budget Narrative and the Budget Detail Worksheet in one document. However, if an applicant submits only one document, it must contain both narrative and detail information. Please review the “Note on File Names and File Types” under How To Apply to be sure applications are submitted in permitted formats.

OJP strongly recommends that applicants use appropriately descriptive file names (e.g., “Abstract,” “Program Narrative,” “Budget Detail Worksheet and Budget Narrative,” “Timelines,” “Memoranda of Understanding,” “Resumes”) for all attachments. Also, OJP recommends that resumes be included in a single file.

1. Information to Complete the Application for Federal Assistance (SF-424)

The SF-424 is a required standard form used as a cover sheet for submission of pre-applications, applications, and related information. Grants.gov and OJP’s Grant Management System (GMS) take information from the applicant’s profile to populate the fields on this form. When selecting "type of applicant," if the applicant is a for-profit entity, select "For-Profit Organization" or "Small Business" (as applicable).

Intergovernmental Review: This funding opportunity (program) is not subject to Executive Order 12372. (In completing the SF-424, applicants are to make the appropriate selection in response to question 19 to indicate that the “Program is not covered by E.O. 12372.”)

2. Project Abstract Applications should include a high-quality “Project Abstract” that summarizes the proposed project in 400 words or less, not to exceed one page. Project abstracts should be—

Written for a general public audience

Submitted in MS Word

Submitted as a separate attachment with “Project Abstract” as part of its file name

Single-spaced, using a standard 12-point font (Times New Roman) with 1-inch margins

The abstract should provide an overall summary of the project and include the following clearly labeled and delineated:

Legal name of applicant, project title,4 funding requested

Identify which category the application is for: Category 1, Civil Legal Assistance, Category 2, Criminal Legal Assistance, or Category 3,Training and Technical Assistance

4 Title of project should reflect applicants local activity, please do NOT use the “Tribal Civil and Criminal Legal

Assistance Program” as your project title. The title is shared within BJA, DOJ, and if warranted publicly (i.e., examples of applications posted to the BJA website). One TCCLA application has been posted in the past.

http://www.archives.gov/federal-register/codification/executive-order/12372.html http://www.archives.gov/federal-register/codification/executive-order/12372.html

Identify the project as legal representation, legal services other than legal representation of tribal members and other individuals as authorized in Categories 1 and 2, or other (provide description)

Project’s purpose, goals, deliverables, outcomes

Define the target population for the project(s) and jurisdictional context

Define strategies, program design elements and/or coordination plan used

For Category 1 and 2 applicants, including subgrantees, identify for each project in the application:

o Legal representation: number of anticipated new cases, number of tribe(s) served of number of tribes in service area (i.e. 3 tribes of 5 tribes served) o Legal services other than legal representation of tribal members and other individuals as authorized in Categories 1 and 2 : number of participants for each project and number of tribe(s) served of number of tribes in service area (3 tribes of 5 tribes served), and / or o Other activity: number of participants of the number of tribes, number of tribes served of the number of tribes in service area

For Category 3 applicants, identify TTA strategy and subcontract agreements with key partners

As a separate attachment, the project abstract will not count against the page limit for the program narrative.

3. Program Narrative The program narrative must respond to the solicitation and Selection Criteria 1-4 listed below in the order given. The program narrative should be double-spaced, using a standard 12-point font (Times New Roman) with 1-inch margins, and should not exceed 15 pages.

Number pages “1 of 15,” “2 of 15,” etc.

If the program narrative fails to comply with these length-related restrictions, BJA may consider such noncompliance in peer review and in final award decisions.

The following sections should be included as part of the program narrative:

a. Statement of the Problem

b. Project Design, Implementation and Sustainment of activity/effort/program

c. Capabilities and Competencies

d. Plan for Collecting the Data Required for this Solicitation’s Performance Measures

To assist the Department with fulfilling its responsibilities under the Government Performance and Results Act of 1993 (GPRA), Public Law 103-62, and the GPRA Modernization Act of 2010, Public Law 111–352, applicants that receive funding under this solicitation must provide data that measure the results of their work done under this solicitation. OJP will require any award recipient, post award, to provide the data requested in the “Data Grantee Provides” column so that OJP can calculate values for the “Performance Measures” column. For Category 1 and 2, award recipients will be required to submit performance metric data quarterly through BJA’s online Performance Measurement Tool (PMT) located at www.bjaperformancetools.org. A complete questionnaire with all the required performance measures can be found at www.bjaperformancetools.org/help/TCCLAPerformanceMeasures.pdf. For Category 3, award recipients will be required to submit performance metric data quarterly through https://www.bjaperformancetools.org/ https://www.bjaperformancetools.org/help/TCCLAPerformanceMeasures.pdf

BJA’s online Training and Technical Assistance Reporting Portal located at:

www.bjatraining.org. Performance measures for this solicitation are as follows:

Objectives Performance Measure Data Grantee Provides

Category 3, Objective 1:

Increase the knowledge of criminal and tribal justice practitioners through:

In-person training

Web-based learning

Distance learning using CD/DVDs

Developing or revising training curricula

Percentage of in-person or web-based participants who successfully completed the program

Percentage of in-person or web-based participants who rated the training as satisfactory or better

Percentage of in-person or web-based participants trained and subsequently demonstrated performance improvement

Percentage of organizations that rated the training as satisfactory or better

Number of curricula developed

Number of curricula that were pilot tested

Percentage of curricula that were revised after pilot testing

Number of in-person trainees who:

Attended each training

Completed each training

Completed an evaluation

Rated the training as satisfactory or better

Completed a pre- and post-test

Had an improved post-test score over their pre-test

Number of web-based trainees who:

Started the training

Completed the training

Completed an evaluation

Rated the training as satisfactory or better

Completed a pre- and post-test

Had an improved post-test score over their pre-test

Number of organizations that:

Received CD/ DVDs

Received CD/DVDs that responded to the survey

Rated the CD/DVD as satisfactory or that the CD/DVD met their training needs

Number of training curricula:

Developed

Pilot tested

Revised after being pilot tested

Category 3, Objective 2:

Increase a criminal justice agency’s ability to solve problems and/or modify policies or practices

Percentage of agencies that rated services as satisfactory or better

Percentage of agencies that implemented one or more recommendations

For the current reporting period:

Number of onsite visits completed

Number of agencies that completed an evaluation of services

Number of agencies that rated the services as satisfactory or better

Number of reports submitted to requesting agencies after onsite visits

Number of requesting agencies that implemented one or more of the report recommendations 6 months after onsite visit http://www.bjatraining.org/

Percentage of individuals who received peer visits who reported that the visit to the other agency was useful in providing information on policies or practices

Percentage of people who received peer visits who implemented one or more policies or practices 6 months after they were observed

Percentage of requesting agencies of other onsite services who rated the services provided as satisfactory or better

Number of web sites developed

Number of web sites maintained

Number of publications developed

Number of publications disseminated

Percentage of resolved calls for assistance

Number of peer-to-peer visits completed

Number of people who received peer visits who completed an evaluation

Number of people who received peer visits who reported that the visit was useful in providing information on policies or practices

Number of people who received peer visits who implemented one or more policies or practices 6 months after they were observed

Number of people who received peer visits

Number of requesting agencies who completed an evaluation

Number of requesting agencies that rated the services provided as satisfactory or better

Number of web sites developed

Number of web sites maintained

Number of publications developed

Number of publications disseminated

Number of information requests

Number of information requests responded to

Category 3, Objective 3:

Increase the dissemination of information to help build capacity in tribal justice systems

Number of conferences or forums held

Percentage of advisory/focus groups evaluated as satisfactory or better

Number of publications developed

Number of publications disseminated

Percentage of evaluations rating the materials as satisfactory or better

For the current reporting period:

Number of advisory/focus groups held

Number of advisory/focus group attendees who completed an evaluation

Number of advisory/focus group attendees rated the advisory/focus group as satisfactory or better

Number of documents produced as a result of advisory/focus groups

Number of documents disseminated to the field as a result of advisory/focus groups

Number of evaluations provided

Number of agencies that rated the product as satisfactory or better

Number of training activities conducted.

Percentage of participants who rated the training as satisfactory or better.

Number of training activities conducted

Number of trainees who completed an evaluation

Number of trainees who rated the training satisfactory or better

BJA does not require applicants to submit performance measures data with their applications. Performance measures are included as an alert that BJA will require successful applicants to submit specific data as part of their reporting requirements. For the application, applicants should indicate an understanding of these requirements and discuss how they will gather the required data, should they receive funding.

Note on Project Evaluations Applicants that propose to use funds awarded through this solicitation to conduct project evaluations should be aware that certain project evaluations (such as systematic investigations designed to develop or contribute to generalizable knowledge) may constitute “research” for purposes of applicable DOJ human subjects protection regulations. However, project evaluations that are intended only to generate internal improvements to a program or service, or are conducted only to meet OJP’s performance measure data reporting requirements likely do not constitute “research.”

Applicants should provide sufficient information for OJP to determine whether the particular project they propose would either intentionally or unintentionally collect and/or use information in such a way that it meets the DOJ regulatory definition of research.

Research, for the purposes of human subjects protections for OJP-funded programs, is defined as, “a systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge” 28 C.F.R. § 46.102(d). For additional information on determining whether a proposed activity would constitute research, see the decision tree to assist applicants on the “Research and the Protection of Human Subjects” section of the OJP Funding Resource Center web page (ojp.gov/funding/Explore/SolicitationRequirements/EvidenceResearchEvaluationRequire ments.htm). Applicants whose proposals may involve a research or statistical component also should review the “Data Privacy and Confidentiality Requirements” section on that web page.

4. Budget Detail Worksheet and Budget Narrative

a. Budget Detail Worksheet For Categories 1 and 2, applicants should budget for the costs of travel and accommodations for advocate(s) or attorney(s) to attend two to three trainings during the grant period. Any applicant who has more than 20 subgrantees must budget $15,000 per award for travel resources for training. For Category 3, applicants should budget for the cost of travel and accommodations for staff and speakers to travel to three DOJ-sponsored grant meetings and adequate level of speakers/presenters to travel to TCCLA events.

Applicants who are new grantees are encouraged to budget travel resources for sponsored financial management training, offered regionally. For locations and dates of the trainings, see www.esi-bethesda.com/OJPtraining/registration.html. Applicants who have previously received a grant award from BJA and have participated in this training as part of that previous award are encouraged to take the online version of the training.

http://ojp.gov/funding/index.htm http://ojp.gov/funding/Explore/SolicitationRequirements/EvidenceResearchEvaluationRequirements.htm http://ojp.gov/funding/Explore/SolicitationRequirements/EvidenceResearchEvaluationRequirements.htm http://www.esi-bethesda.com/OJPtraining/registration.html

Applicants must also budget funding to travel to one 2-day national training sponsored by BJA’s TCCLA TTA provider for the Tribal Civil and Criminal Legal Assistance Program. Provide a reasonable best estimate of travel costs.

A sample Budget Detail Worksheet can be found at www.ojp.gov/funding/Apply/Resources/BudgetDetailWorksheet.pdf. Applicants that submit their budget in a different format should include the budget categories listed in the sample budget worksheet.

For questions pertaining to budget and examples of allowable and unallowable costs, see the Financial Guide at www.ojp.gov/financialguide/index.htm.

b. Budget Narrative The Budget Narrative should thoroughly and clearly describe every category of expense listed in the Budget Detail Worksheet. OJP expects proposed budgets to be complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for project activities).

Applicants should demonstrate in their budget narratives how they will maximize cost effectiveness of grant expenditures. Budget narratives should generally describe cost effectiveness in relation to potential alternatives and the goals of the project. For example, a budget narrative should detail why planned in-person meetings are necessary, or how technology and collaboration with outside organizations could be used to reduce costs, without compromising quality. Further, applicants should substantiate the need for all equipment budgeted.

The narrative should be mathematically sound and correspond with the information and figures provided in the Budget Detail Worksheet. The narrative should explain how the applicant estimated and calculated all costs, and how they are relevant to the completion of the proposed project. The narrative may include tables for clarification purposes but need not be in a spreadsheet format. As with the Budget Detail Worksheet, the Budget Narrative should be broken down by year.

c. Non-Competitive Procurement Contracts In Excess of Simplified Acquisition Threshold If an applicant proposes to make one or more non-competitive procurements of products or services, where the non-competitive procurement will exceed the simplified acquisition threshold (also known as the small purchase threshold), which is currently set at $150,000, the application should address the considerations outlined in the OJP Financial Guide.

d. Pre-Agreement Cost Approvals For information on pre-agreement costs, see Section B. Federal Award Information.

5. Indirect Cost Rate Agreement (if applicable) Indirect costs are allowed only if the applicant has a federally approved indirect cost rate.

(This requirement does not apply to units of local government.) Attach a copy of the federally approved indirect cost rate agreement to the application. Applicants that do not have an approved rate may request one through their cognizant federal agency, which will review all documentation and approve a rate for the applicant organization, or, if the http://ojp.gov/funding/Apply/Resources/BudgetDetailWorksheet.pdf http://www.ojp.gov/financialguide/index.htm applicant’s accounting system permits, costs may be allocated in the direct cost categories.

For the definition of Cognizant Federal Agency, see the “Glossary of Terms” in the Financial Guide. For assistance with identifying your cognizant agency, please contact the Customer Service Center at 1-800-458-0786 or at ask.ocfo@usdoj.gov. If DOJ is the cognizant federal agency, obtain information needed to submit an indirect cost rate proposal at http://ojp.gov/funding/Apply/Resources/IndirectCosts.pdf.

5. Tribal Agreements for Project Services (Categories 1 and 2 only, if applicable)

Applicants who conduct legal services other than legal representation of tribal members and other individuals as authorized in Categories 1 and 2, and other purposes consistent with this authorization (25 U.S.C. 3651 et seq. (Public Law 106-559)) must submit either:

1) documentation (such as performance metrics, or founding documents for the organization) to show that the applicant has provided services to tribes or members of tribes that it proposes to serve under the application for at least 7 years, OR

2) a written agreement, tribal resolution, or equivalent form of legal enactments with each tribe, stating their support for the project and its commitment to participate in the project if it is selected for funding.

If the document is an agreement and the applicant is unable to submit, with the application, a fully-executed (i.e., signed) copy of appropriate legal documentation as described above, the applicant should, at minimum, submit an unsigned, draft version of such legal documentation as part of its application. If selected for funding, BJA will make use of and access to funds contingent on receipt of the fully-executed legal documentation.

6. Applicant Disclosure of High Risk Status…