oppBJA-2018-13540-cfda16.815-cidBJA-2018-13963-instructions..pdf

OMB No. 1121-0329 Approval Expires 11/30/2020

U.S. Department of Justice 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) seeks applications under the Tribal Civil and Criminal Legal Assistance (TCCLA) Program. The TCCLA Program supports the Department’s goals by enhancing tribal-state relations, providing legal assistance, and sharing promising strategies to address public safety and respond to violent crimes in Indian Country.

Tribal Civil and Criminal Legal Assistance Grants, Training and Technical Assistance Fiscal Year 2018 Competitive Grant Announcement

Applications Due: July 2, 2018

Eligibility

CATEGORY 1: TRIBAL CIVIL LEGAL ASSISTANCE GRANTS

Eligible applicants in Category 1 are limited to nonprofit organizations as defined by 26 U.S.C § 501(c)(3), including tribal nonprofit organizations, tribal enterprises, and educational institutions (public, private, and tribal colleges and universities) with experience providing legal assistance services to eligible individuals pursuant to federal poverty guidelines, federally recognized Indian tribes (as determined by the Secretary of the Interior), or tribal justice systems. Federal poverty guidelines are updated every year by the U.S. Department of Health and Human Services at https://aspe.hhs.gov/poverty-guidelines.

CATEGORY 2: TRIBAL CRIMINAL LEGAL ASSISTANCE GRANTS

Eligible applicants in Category 2 are limited to nonprofit organizations as defined by 26 U.S.C § 501(c)(3), including tribal nonprofit organizations, tribal enterprises, and educational institutions (public, private, and tribal colleges and universities) with experience providing legal assistance services to eligible individuals pursuant to federal poverty guidelines, federally recognized Indian tribes (as determined by the Secretary of the Interior), or tribal justice systems. Federal poverty guidelines are updated every year by the U.S. Department of Health and Human Services at https://aspe.hhs.gov/poverty-guidelines.

CATEGORY 3: TRIBAL JUSTICE TRAINING AND TECHNICAL ASSISTANCE

Eligible applicants in Category 3 are limited to national or regional membership organizations and associations whose membership consist of judicial system personnel within tribal justice systems.

For purposes of this solicitation, a “tribal justice system” is defined as a federally recognized Indian tribe’s entire judicial branch—including traditional methods and forums for dispute https://www.usdoj.gov/ https://ojp.gov/index.htm https://www.bja.gov/ https://www.bja.gov/ https://aspe.hhs.gov/poverty-guidelines https://aspe.hhs.gov/poverty-guidelines

BJA-2018-13540

resolution, tribal courts, appellate courts, inter-tribal courts, alternative dispute resolution systems, and circuit rider systems—established by inherent authority, whether or not it constitutes a court of record.

“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.

All recipients and subrecipients (including any for-profit organization) must forgo any profit or management fee.

BJA welcomes applications under which two or more entities would carry out the federal award;

however, only one entity may be the applicant. Any others must be proposed as subrecipients (subgrantees).1 The applicant must be the entity that would have primary responsibility for carrying out the award, including administering the funding and managing the entire project or program. Under this solicitation, only one application by any particular applicant entity will be considered. An entity may, however, be proposed as a subrecipient (subgrantee) in more than one application.

BJA may elect to fund applications submitted under this Fiscal Year (FY) 2018 solicitation in future fiscal years, dependent on, among other considerations, the merit of the applications and on the availability of appropriations.

Deadline

Applicants must register with Grants.gov at https://www.grants.gov/web/grants/register.html prior to submitting an application. All applications are due by 11:59 p.m. eastern time on July 2, 2018.

To be considered timely, an application must be submitted by the application deadline using Grants.gov, and the applicant must have received a validation message from Grants.gov that indicates successful and timely submission. OJP urges applicants to submit applications at least 72 hours prior to the application due date, to allow time for the applicant to receive validation messages or rejection notifications from Grants.gov, and to correct in a timely fashion any problems that may have caused a rejection notification.

OJP encourages all applicants 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.

1 For additional information on subawards, see "Budget and Associated Documentation" under Section D.

Application and Submission Information.

https://www.grants.gov/web/grants/register.html https://ojp.gov/funding/Apply/Grants-govInfo.htm

Contact Information

For technical assistance with submitting an application, contact the Grants.gov Customer Support Hotline at 800–518–4726, 606–545–5035, at https://www.grants.gov/web/grants/support.html, or at support@grants.gov. The Grants.gov Support Hotline operates 24 hours a day, 7 days a week, except on federal holidays.

An applicant that experiences unforeseen Grants.gov technical issues beyond its control that prevent it from submitting its application by the deadline must email the contact identified below within 24 hours after the application deadline to request approval to submit its application after the deadline. Additional information on reporting technical issues appears 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: toll-free at 800–851–3420; via TTY at 301–240–6310 (hearing impaired only); email grants@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.

Frequently asked questions (FAQs) about the Tribal Civil and Criminal Legal Assistance Grants, Training and Technical Assistance FY 2018 Competitive Grant Announcement may be accessed under the FAQs tab for BJA’s TCCLA Program webpage at https://www.bja.gov/ProgramDetails.aspx?Program_ID=102.

Grants.gov number assigned to this solicitation: BJA-2018-13540

Release date: May 31, 2018 https://www.grants.gov/web/grants/support.html mailto:support@grants.gov mailto:grants@ncjrs.gov https://webcontact.ncjrs.gov/ncjchat/chat.jsp https://www.bja.gov/ProgramDetails.aspx?Program_ID=102

Contents A. Program Description

Overview Program-specific Information Goals, Objectives, and Deliverables Evidence-based Programs or Practices

Information Regarding Potential Evaluation of Programs and Activities……………………….15 B. Federal Award Information

Type of Award Financial Management and System of Internal Controls Budget Information Cost Sharing or Matching Requirement Pre-agreement Costs (also known as Pre-award Costs) 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 D. Application and Submission Information

What an Application Should Include How To Apply

E. Application Review Information Review Criteria Review Process

F. Federal Award Administration Information 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

Freedom of Information Act and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 552a) Provide Feedback to OJP Appendix A: Performance Measures Table Appendix B: Application Checklist

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

Fiscal Year 2018 Competitive Grant Announcement

(CFDA # 16.815)

A. Program Description

Overview The TCCLA Program provides civil and criminal legal assistance to low-income individuals, Indian tribes, and tribal justice systems, and provides quality training and technical assistance (TTA) to TCCLA grantees and Indian tribes to support the development and enhancement of tribal justice systems and access to those systems.

TCCLA resources are important as tribes begin to implement new authorities such as enhanced sentencing authority (referred to as “felony sentencing authority”) (25 U.S.C. §1302, et seq.) or opt into exercising the “special domestic violence criminal jurisdiction” (referred to as “extended jurisdiction”) (25 U.S.C. §1304, et.seq.) for the protection of due process rights, such as the right to counsel for indigent defendants.

Statutory Authority Any award under this solicitation would be made under statutory authority provided by the Consolidated Appropriations Act, 2018 and by the Indian Tribal Justice Technical and Legal Assistance Act of 2000, Title I (25 U.S.C. 3651, et. seq.).

Program-specific Information The purpose of BJA’s TCCLA Program is to strengthen and improve the capacity of tribal justice systems that address civil and criminal causes of action under tribal jurisdiction and to ensure access to quality TTA for the development and enhancement of tribal justice systems.

Specifically, this solicitation seeks: (1) civil legal assistance services; (2) criminal legal assistance services; and (3) TTA that will (a) develop, pilot, and implement a holistic defense capacity building initiative, and (b) seek a task team to explore the impact of new authorities in relation to indigent defendants under tribal jurisdiction, due process protections, efforts to address the underlying issues leading to reduction in crime and recidivism, the use of alternatives to incarceration and other programming, and make recommendations for next steps.

For Category 1 and 2, BJA Seeks Applicants to Support Civil Legal Assistance, Criminal Legal Assistance and Other Types of Legal Assistance For Category 1, Civil Legal Assistance, and Category 2, Criminal Legal Assistance applicants are encouraged to develop their strategies to support holistic defense. For example, an applicant may use civil legal assistance to address collateral consequences of conviction and arrest and use criminal legal assistance for indigent defense services. Applicants interested in participating in the following--(1) the Holistic Defense Capacity Development Initiative, a resource development and pilot program (pilot), (2) discussion forums on the impact of new authorities (i.e., Tribal Law and Order Act [TLOA] and the Violence Against Women Act [VAWA]) on defendants, or (3) trial skills training--should express interest through their applications and budget. For the holistic defense pilot participation, applicants are encouraged to apply for Category 1.

For Category 1, BJA seeks applicants interested in using civil legal assistance resources to (1) address collateral consequences of conviction and arrest and other types of legal assistance such as code development or tribal-state relations and (2) a holistic defense pilot. Also, applicants are requested to support annual veterans’ clinics and legal assistance for Native American veterans, their spouses, and children See Category 1 and 2 Requirements for additional information.

For Category 2, BJA seeks applicants to support indigent defense resources and other types of legal assistance supporting due process protections and rights of defendants (e.g., trial skills training on criminal defense), programming for diversion programs, holistic defense pilot, and other customized requests. Also, applicants are requested to support annual veterans’ clinics and legal assistance for Native American veterans, their spouses, and children. See Category 1 and 2 Requirements for more information.

Examples of previous TCCLA Programs include:

• Yurok Wellness Court Hosts a Joint Jurisdiction Diversion Program The Hoh ku moh Corporation, through the Yurok Tribe, developed and implemented a diversion program—the Yurok Wellness Court. Under a Memorandum of Understanding (MOU), the Yurok Tribe may petition to transfer eligible cases of nonviolent tribal adult offenders from the state court to the Yurok Wellness Court. If an offender fails to participate, the case is returned to state jurisdiction. Through this joint jurisdiction collaboration, parties agreed to co-monitor clients, establish protocols to transfer cases, secure state court recognition of tribal court orders, and meet the cultural needs of tribal offenders. As a result, the Yurok Wellness Court will expand its services to include juvenile offenders in state custody. The Yurok Wellness Court was featured in Emerging Practices in Tribal Civil and Criminal Legal Assistance, November 2016, and the court and a graduate of the court were featured in the “Tribal Justice” documentary released nationally during summer 2017.

• Assisting Tribal Courts on Right to Counsel and Due Process The New Mexico Indian Legal Services, a subgrantee of the Native American Rights Fund (NARF), continues to assist tribal courts in its service area on right to counsel and due process, pursuant to the Indian Civil Rights Act (ICRA). For example, it provided research and information on right to counsel to the Zuni Constitution Revision Committee. It also represents individual Indian defendants in Pueblo tribal courts on cases involving due process violations under ICRA and provides education materials on rights afforded under ICRA.

• Public Defender Services & Tribal Advocacy Certificate Program Montana Legal Services Association (MLSA), a subgrantee of NARF, supports public defender services on the Northern Cheyenne Reservation. MLSA partnered with the Northern Cheyenne Tribal Court and Dull Knife Memorial College to establish a tribal advocacy certificate program in response to the lack of advocacy services available on the remote reservation. As a result, there are now trained tribal court advocates from the local community providing representation in tribal court. MLSA also developed a curriculum to train tribal advocates, assisting their performance in tribal courts.

https://naicja.wildapricot.org/resources/Pictures/Final%20Revised%20Emerging%20Practices%2011.8.2016%20copy.pdf https://naicja.wildapricot.org/resources/Pictures/Final%20Revised%20Emerging%20Practices%2011.8.2016%20copy.pdf

These accomplishments are useful to tribes and TCCLA grantees and subgrantees that have leveraged lessons learned to implement their projects. The work continues to make communities safer by reducing crime and recidivism, while ensuring due process and equal protection for individuals in tribal criminal proceedings.

For Category 3, BJA Seeks Applicants to Support a Holistic Defense Capacity-Building Initiative Applicants should consider the information below before developing their applications for holistic defense initiative, a culturally appropriate, resource development and capacity building pilot.

Applicants are requested to develop, pilot, and implement holistic defense strategies. Applicants are expected to work with BJA grantees, partnering tribes, and other partners such as federal, state, or local agencies; universities and law schools; and family members of defendants.

Current or past TCCLA grantees and subgrantees and their partnering tribe(s) may participate.

Holistic and traditional justice is inherent in tribal life ways. Tribes and public defender’s offices use holistic and traditional justice, including healing principles, to achieve better outcomes for their clients and their families and communities. Some tribal public defender’s offices focus on the cause(s) of criminal behavior combined with legal advocacy, a seamless access to services that meets legal and social support needs. These systems are as diverse as each tribal culture.

For more information, see Report on Holistic and Traditional Justice Roundtable, August 2016.

For one tribe, the Office of Public Defender (Tribal Defenders) of the Confederated Salish and Kootenai Tribes implemented a holistic defense strategy to address recidivism and many direct and collateral issues experienced by their clients. Sponsored by BJA, through intensive capacity building assistance, the Tribal Defenders planned and implemented a criminal/civil legal assistance partnership with the western traditional public defender’s office. Together, they addressed the cause of criminal behavior and the collateral consequences of criminal prosecution, such as child custody, housing, and employment, in order to achieve better outcomes for their clients. The Bronx Defenders, a former BJA grantee, began providing TTA nationally through the Center for Holistic Defense, with one tribe initially accessing TTA.

The Tribal Defenders, like others, experienced many issues such as:

• High recidivism rates,

• High incidence of co-occurring mental health and chemical dependency among their clients,

• Lack of resources, treatment, and coordination, and

• Need for capacity building expertise.

For more information and examples, see Emerging Practices In Tribal Civil and Criminal Legal Assistance.

Goals, Objectives, and Deliverables The overall goals of TCCLA are to: (1) enhance the operations of tribal justice systems and improve access to those systems; and (2) provide TTA for the development and enhancement of tribal justice systems.

https://naicja.wildapricot.org/resources/Pictures/Roundtable_FINAL%20copy.pdf https://www.bronxdefenders.org/programs/center-for-holistic-defense/ https://naicja.wildapricot.org/resources/Pictures/Final%20Revised%20Emerging%20Practices%2011.8.2016%20copy.pdf https://naicja.wildapricot.org/resources/Pictures/Final%20Revised%20Emerging%20Practices%2011.8.2016%20copy.pdf

Category 1: Civil Legal Assistance: Grant maximum: $300,000: Project period: 24 months. Competition ID: BJA-2018-13962.

The goal of this category is to enhance the civil legal operations of tribal justice systems and improve access to those system by tribal members. The objectives are to provide:

• Civil legal assistance services for tribal members, pursuant to federal poverty guidelines, federally recognized Indian tribes, and tribal justice systems.

• Other legal assistance services (i.e., project-based) to support tribes enhancing their capacity, operations, or legal infrastructure. Project-based services, other than legal representation, include, but are not limited to, capacity- building services and special institutional projects (e.g., implement authorities under TLOA and 2013 Reauthorization of VAWA), or other activities described in Chapter 38A of the 25 U.S.C. 3651 et.

seq.3662.

Award recipients are expected to provide civil legal assistance services that may include guardian ad-litem appointments, court-appointed special advocates, and development and enhancement of tribal court policies, procedures, and code. Award recipients are expected to coordinate and collaborate at the local level to effectively utilize resources and engage the tribal justice system community, educational institutions, community-based organizations, and neighboring jurisdiction(s), when appropriate. They are also expected to produce project and educational material (reports, publications, webinars, etc.) that document individual project-based activities and/or TTA efforts and highlight issues of local and/or national importance from a policy, legal or implementation standpoint.

See Requirements below.

Category 2: Criminal Legal Assistance: Grant maximum: $300,000: Project period: 24 months. Competition ID: BJA-2018-13963.

The goal of this category is to enhance the criminal legal operations of tribal justice systems and improve access to those systems by tribal citizens. The objectives are to provide:

• Criminal defense counsel services at tribal criminal proceedings to individuals, pursuant to federal poverty guidelines, federally recognized Indian tribes, and tribal justice systems.

• Other legal assistance (i.e., project-based) to support tribes enhancing their criminal legal capacity, operations, or legal infrastructure. Project-based services, other than legal representation, include, but are not limited to, capacity-building services, special institutional projects (e.g., implement authorities under TLOA and VAWA), or other activities in 25 U.S.C. 3663.

Award recipients are expected to provide criminal defense counsel services that may include adult criminal actions, juvenile delinquency actions, and guardian ad-litem appointments arising out of criminal delinquency acts, or development and enhancement of tribal court policies and procedures and codes. Award recipients are expected to coordinate and collaborate at the local level to effectively utilize resources and engage the tribal justice system community, educational institutions, community-based organizations, and neighboring jurisdiction(s), when appropriate.

They are also expected to develop project and educational material (reports, publications, webinars, etc.) that document individual project-based activities and/or TTA efforts and highlight issues of local and/or national importance from a policy, legal or implementation standpoint.

Category 1 and 2 Deliverables and Requirements:

An applicant and any subrecipients under this award shall have the legal and technical knowledge, skills, and experience to provide, in a tribal justice system, civil legal assistance for Category 1 or criminal defense services for Category 2. Following are the expectations for knowledge, skills, and experience, including information on entry-level personnel:

• Knowledge includes demonstrated expertise in federal, state, and tribal laws, ordinances, regulations, and case law. For Category 2 applicants only, particular knowledge of the Sixth Amendment and ICRA, in relation to TLOA and VAWA and other tribal justice system challenges and practices, is expected. For all applicants, equally important is knowledge of the history, culture, and customs of tribal people.

• Skill set demonstrates expertise in delivering, managing, and planning civil or criminal legal assistance services and project-based assistance at national, regional, and local levels. Skill must be demonstrated in oral and written communication, as well as establishing and maintaining effective working relationships with the community, tribal government, and other community-based organizations and service providers. The applicant must be able to apply knowledge and experience to initiate, implement, and manage intergovernmental relations impacting Indian tribes, tribal justice systems, and American Indian and Alaska Natives (AI/AN).

• Experience includes effective problem solving within tribal settings.. Experience that includes working with or within tribal justice systems and understanding their operational and organizational structure, culture, and environment, including an understanding of a legal services organization’s role in tribal justice systems, are encouraged. Further, an applicant must demonstrate experience in working effectively with Indian tribes, community dynamics, and tribal culture.

• For entry-level positions, an applicant will provide the necessary training on working effectively with Indian tribes and education about current tribe(s) and tribal justice system(s) in the service area those positions will serve.

An applicant is also required to:

• Develop and implement cost-efficient, project-based activities such as capacity building, legal infrastructure development, and program development. Collaboration is strongly encouraged for all project-based activities. Post award, the applicant is expected to coordinate locally with tribes to obtain tribal agreements. For each project, tribal agreements are requested, see “6. Tribal Authorizing Resolution” of “What an Application Should Include.”

• Provide information on how it determines which Indian tribe(s) and tribal justice system(s) receive civil and/or criminal legal services and project-based services.

• Include the amount of $20,000 in the budget for travel for training, if the application includes more than five subgrantees. Travel resources are to attend DOJ-sponsored trainings (e.g., TCCLA-sponsored training events) and other training events.

• Develop and circulate a fact sheet in the tribal community announcing resources for legal services and project-based services that includes eligibility information.

• Develop and collect client satisfaction surveys and develop a plan to increase the volume of surveys completed.

• Develop and provide BJA with a one-page summary of BJA-funded activities by fiscal year (i.e., FY 2018, FY 2019) and project period. Include types of legal services (e.g., conflict counsel) and project-based activities, followed by the point of contact. BJA may request updates of this summary for coordination, grant management, and briefing materials. Develop a one- to two-page summary of each completed grant project that BJA can use to communicate to DOJ and the public about grantee accomplishments using grant funds.

• Participate in BJA coordination and collaborative activities such as holistic defense and, when requested, collaborative conference calls and other activities.

o Where appropriate, coordinate with federal agencies.

o Establish an advisory committee to foster collaboration and cooperation and minimize duplication among TCCLA Program grantees and subgrantees. The committee may also serve as peer reviewers for curriculum development or how-to manuals.

o Hold annual veterans’ clinics for Native American veterans, their spouses and children that may include both civil and criminal legal assistance resources.

o If applying for the holistic defense pilot, provided below is general guidance on resources to include in your application for participation.

First phase will focus on national planning to define holistic defense with input from the field and curriculum development. Include budget to:

attend a 2-day national roundtable and an additional 2-day curriculum development session held in the Western U.S. for your tribal justice team;

hire an evaluator as a team member throughout this initiative; and conduct pilot activities (e.g., internal planning, educating leadership).

Second phase will focus on pilot implementation and training. Include budget for your team to attend two 2-day development sessions and to conduct pilot activities (e.g., map resources, review of codes and policies and procedures, review collateral consequences and related activities, etc.).

Third phase will focus on curriculum revisions and distribution and implementation of final curriculum. Include budget for your team to attend one, 2-day development session and to conduct pilot activities or next steps in your plan.

o If interested in participating in discussion forums on impact of new authorities (i.e.

TLOA and VAWA) on: (1) defendant’s rights and protections in tribal courts and other tribal justice systems; and (2) the underlying causes of crime, conviction, and recidivism, including the direct and collateral consequences and strategies implemented to reduce crime and recidivism, include budget for your team to attend up to three, two-day discussion forums held in the Western U.S.

o If interested in attending trial skills training, include budget for your attorneys/tribal advocates to attend up to three trial skills training sessions held in the Western U.S.

• Post award, to assist TTA partner(s) and the BJA Policy Advisor in current and future planning and coordination activities, develop and submit three one-page reports on:

o Emerging issues (e.g., description of the increase in cases where opioid abuse is present) to identify opportunities and challenges.

o TTA needs to accomplish the work described in the application.

o Information from clients, tribes, and the tribal justice system using creative and innovative methods to capture their viewpoints. The information will help to better define “quality legal services and training and technical assistance” identified in the TCCLA authorization.

• Deliver all products, other than legal representation, to BJA after an editorial review has been conducted, including:

o Hire an editor, who has professional writing skills, to conduct editorial reviews of deliverables under this award. Reviews will include, but are not limited to, the following parameters: scope, content, grammar, desktop published products, 508 compliance, and progress reports.

o Deliverables include, but are not limited to: projects, publications, presentations, distance learning products, codes, websites, policies, and procedures.

• Keep a log of activities and outcomes and provide regular reports to the BJA Policy Advisor in order to determine the effectiveness of editorial review. This task focuses on improving “quality” TTA for grantees, subgrantees, legal services, and Indian tribes consistent with the “Purposes” described in 25 U.S.C. 3652.

• Factor in an approximate 120-day pre-approval time period for training delivery; the approval request should be submitted 120 days prior to the proposed meeting/training delivery date.

Category 3: Tribal Justice Training and Technical Assistance. Grant maximum: $600,000:

Project period: 24 months. Competition ID: BJA-2018-13964.

The purpose of this category is to improve the capacity and the quality of indigent criminal defense services and defense strategies for tribal justice systems. Successful applicant(s) will propose a TTA strategy that focuses on the following activities:

• Identify needs and deliver customized TTA, including trial skills training, to grantees and subgrantees, Indian tribes working with grantees or subgrantees, and, if resources allow, other BJA grantees and interested Indian tribes.

• Develop, pilot, and implement a holistic defense initiative.

• Explore the impact of current authorities (i.e., TLOA and VAWA) on defendants in tribal courts and on other tribal justice systems, identify policy issues, and make recommendations.

• Hold annual veterans’ clinics for veterans, their spouses, and children.

Category 3 Deliverables and Requirements In coordination with BJA, the award recipient will provide the following:

• Legal and technical knowledge, skills, and experience to plan, manage, and deliver a national TTA program to support grantees, legal services, and Indian tribes; provide regular written and verbal updates; and coordinate with other TTA providers (public, private, or tribal). The TTA will target TCCLA grantees and justice systems and provide other criminal legal assistance services in a tribal setting.

o Knowledge includes, but is not limited to, demonstrated expertise in federal, state, and tribal laws, ordinances, regulations, and case law. In particular knowledge of the Constitution, Bill of Rights, and ICRA in relation to TLOA and VAWA and other tribal justice systems challenges and practices is expected.

Equally important is knowledge of the history, culture, and customs of tribal people.

o Demonstrate skill and experience in planning, developing, delivering, and managing services and TTA on a national level. The applicant is expected to be skilled in oral and written communication. Establishing and maintaining effective working relationships with the tribal justice community, tribal government, and other community-based organizations and service providers is required. The applicant is expected to apply knowledge and experience to initiate, implement, and manage tribal-federal-state-local intergovernmental relations impacting Indian tribes and AI/ANs.

o Experience including problem solving quickly to rescue a project or address other matters. Experience either working with or within tribal public defense systems of courts and understanding their operational and organizational structures, culture, and environment, including understanding of the role of legal services organizations in tribal justice systems are encouraged. Further, the applicant must demonstrate experience working in or with tribal governments and have experience in working effectively with Indian tribes, community dynamics, and tribal culture.

• Customized TTA for FY 2016 through FY 2018 TCCLA award recipients. This includes one grantee with 24 subgrantees implementing civil legal assistance, and one grantee with 21 subgrantees implementing criminal legal assistance. The applicant may use, but is not limited to, a variety of methods such as distance learning, publications, needs assessment, onsite TTA, or other methods. Also, conduct training sessions on due process protections and trial skills training with instructor(s) who meet the criteria described above, in the first bullet. For legal skills-based training sessions, legal instructor(s) must be licensed.

• Develop, pilot, and implement a holistic defense capacity-building initiative. Specifically, through a collaborative approach, coordinate and develop resources, pilot initial resources targeting three to five teams of BJA award recipients and appropriate partners, revise resources, and then implement this capacity-building pilot. Past and present TCCLA award recipients, subgrantees, and partnering tribes may be considered.

Applicants are expected to:

o Submit a plan for BJA approval to develop and implement a pilot holistic defense capacity-building initiative. Include a collaborative approach to developing resources and deliverables. For example, prior to BJA publication review, a publication outline and final product will be developed with input from DOJ TTA providers, federal agency representatives, tribes, grantees and defendants.

o Include an evaluator with tribal public defense experience or knowledge to assist in planning and delivery.

o Conduct a national roundtable (up to 40 attendees) to define holistic defense elements for a tribal setting; discuss underlying causes of crime, conviction, and recidivism; identify coordination points that connect to national holistic defense efforts; and provide a roundtable report. The roundtable will be held in the Western United States at a location to be determined that will accommodate attendees who may drive rather than fly commercial airlines.

o Establish a peer review panel or advisory council to peer review deliverables before submitting to BJA for review and approval.

o Develop performance measures for selected sites and support ongoing measurement of performance and outcomes.

o Develop curriculum, training, publications, and other materials, as needed.

o Consider engaging current and past tribal defendants and their family members, tribal public defender offices that have implemented a holistic defense strategy or holistic justice strategy, and the Center for Holistic Defense.

• Identify a team of experts (task team) to gather information for a report on the impact of new authorities (i.e., TLOA and VAWA) on: (1) defendant’s rights and protections in tribal courts and other tribal justice systems; and (2) the underlying causes of crime, conviction, and recidivism, including the direct and collateral consequences and strategies implemented to reduce crime and recidivism. This will include:

o A report that will include, but not be limited to, policy and programs barriers and issues, successful responses (e.g., strategies, programming, coordination), needs, and recommendations.

o The task team should propose methods of collaboration that will enable peers to communicate regarding emerging practices and common threats. This may include collaborative conference calls sponsored by BJA with DOJ components, other federal agencies, grantees, tribes and others to identify their problems, needs, and interests.

o The task team may use various methods (e.g., meetings, conference calls) to collect information.

o Information from the report identified in the first sub-bullet of this section will be used to develop a primer for tribal leadership and executives and other publications. All publications will be coordinated using a collaborative process for development, then a final, edited product will be delivered to BJA for review and approval.

o Develop products, as needed, such as publications or webinars.

o Funding of $100,000 dedicated to support the task team and to implement this project.

• Plan, coordinate, and report annual veterans’ clinics and Continuing Legal Education training sessions. Coordination will include: U.S. Department of Veterans’ Affairs; U.S.

Department of Interior’s Bureau of Indian Affairs; and U.S. Department of Health and Human Services’ Indian Health Services. Provide resources to support up to four posters or a unique design (e.g., logo) developed by veteran(s) for BJA grantees and tribes to promote the clinic and training via posters, flyers, and online.

• Develop a one-page fact sheet announcing services and how to access them, and update other TCCLA Program publications (e.g., An Overview of TCCLA Program and Resources), if needed.

• Develop and submit to Senior Policy Advisor, who manages TCCLA Program, regular updates on public defense activities and legal cases impacting the rights of Indian tribes and Indian people. Coordinate with BJA to develop a primer on public defense in Indian Country.

• Develop a one-to-two page summary of each completed grant project or deliverable to communicate to DOJ and public audiences what each grantee accomplished with TTA.

• Provide scholarships to support tribes with inadequate resources to attend TCCLA-sponsored TTA events and holistic defense initiatives. The budget should consider travel from remote regions of Alaska.

• Coordinate with other DOJ and other federally funded TTA providers, federal agencies, and other partners. Participate in BJA coordination and collaborative activities, including conference calls and other designated activities.

• Hire an editor, who has professional writing skills, to review all deliverables, progress reports, and desktop published products under this award for scope, content, grammar, and, where appropriate, 508 compliance, and offer services to review deliverables for grantees and other BJA-funded TTA providers. Deliverables include but are not limited to publications, presentations, distance learning products, and websites.

• Keep a log of activities and outcomes and provide regular reports to the BJA Policy Advisor to determine the editor’s effectiveness. This set of tasks focuses on improving “quality” TTA for grantees, legal service providers, and Indian tribes consistent with the “Purposes” described in 25 U.S.C. 3652.

• Factor in an approximate 120-day pre-approval time period for training delivery; the approval request should be submitted 120 days prior to the proposed training delivery date.

The Goals, Objectives, and Deliverables are directly related to the performance measures that demonstrate the results of the work completed, as discussed in Section D. Application and Submission Information, under Program Narrative.

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 website at https://www.crimesolutions.gov is one resource that applicants may use to find information about evidence-based programs in criminal justice, juvenile justice, and crime victim services.

https://www.crimesolutions.gov/

Information Regarding Potential Evaluation of Programs and Activities The Department of Justice has prioritized the use of evidence-based programming and deems it critical to continue to build and expand the evidence informing criminal and juvenile justice programs to reach the highest level of rigor possible. Therefore, applicants should note that OJP may conduct or support an evaluation of the programs and activities funded under this solicitation. Recipients and sub-recipients will be expected to cooperate with program-related assessments or evaluation efforts, including through the collection and provision of information or data requested by OJP (or its designee) for the assessment or evaluation of any activities and/or outcomes of those activities funded under this solicitation. The information or data requested may be in addition to any other financial or performance data already required under this program.

B. Federal Award Information

BJA expects to make three awards totaling approximately $1,200,000:

CATEGORY 1: Civil Legal Assistance BJA expects to make one award up to $300,000, for a 24-month performance period, beginning October 1, 2018.

CATEGORY 2: Criminal Legal Assistance BJA expects to make one award up to $300,000, for a 24-month performance period, beginning October 1, 2018.

CATEGORY 3: Tribal Justice Training and Technical Assistance BJA expects to make one award up to $600,000, for a 24-month performance period, beginning October 1, 2018.

BJA may, in certain cases, provide additional funding in future years to awards made under this solicitation, through continuation awards. In making decisions regarding continuation awards, OJP will consider, among other factors, the availability of appropriations, when the program or project was last competed, OJP’s strategic priorities, and OJP’s assessment of both the management of the award (for example, timeliness and quality of progress reports), and the progress of the work funded under the award.

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

Type of Award BJA expects to make any award under this solicitation for Category 1: Civil Legal Assistance and Category 2: Criminal Legal Assistance in the form of a grant. See Administrative, National Policy, and Other Legal Requirements, under Section F. Federal Award Administration Information, for a brief discussion of important statutes, regulations, and award conditions that apply to many (or in some cases, all) OJP grants.

BJA expects to make one award under this solicitation for Category 3: Tribal Justice Training and Technical Assistance in the form of a cooperative agreement, which is a type of award that provides for OJP to have substantial involvement in carrying out award activities. See Administrative, National Policy, and Other Legal Requirements, under Section F. Federal Award Administration Information, for a brief discussion of what may constitute substantial federal involvement.

Financial Management and System of Internal Controls Award recipients and subrecipients (including recipients or subrecipients that are pass-through entities2) must, as described in the Part 200 Uniform Requirements3 as set out at 2 C.F.R.

200.303:

(a) Establish and maintain effective internal control over the Federal award that provides reasonable assurance that [the recipient (and any subrecipient)] 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 recipient’s (and any subrecipient’s)] compliance with statutes, regulations, and the terms and conditions of Federal awards.

(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 recipient (or any subrecipient)] considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.

To help ensure that applicants understand the applicable administrative requirements and cost principles, OJP encourages prospective applicants to enroll, at no charge, in the DOJ Grants Financial Management Online Training, available at https://ojpfgm.webfirst.com/. (This training is required for all OJP award recipients.)

Also, applicants should be aware that OJP collects information from applicants on their financial management and systems of internal controls (among other information) which is used to make

2 For purposes of this solicitation, the phrase “pass-through entity” includes any recipient or subrecipient that provides a subaward ("subgrant”) to a subrecipient (subgrantee) to carry out part of the funded award or program. Additional information on proposed subawards is listed under What an Application Should Include, Section D of this solicitation.

3 The "Part 200 Uniform Requirements” means the DOJ regulation at 2 C.F.R Part 2800, which adopts (with certain modifications) the provisions of 2 C.F.R. Part 200.

https://ojpfgm.webfirst.com/ award decisions. Under Section D. Application and Submission Information, applicants may access and review a questionnaire—the OJP Financial Management and System of Internal Controls Questionnaire—that OJP requires all applicants (other than an individual applying in his/her personal capacity) to download, complete, and submit as part of the application.

Budget Information

Cost Sharing or Matching 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.

For additional information on cost sharing and match, see the DOJ Grants Financial Guide at https://ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.3b.htm.

Pre-agreement Costs (also known as Pre-award Costs) Pre-agreement costs are costs incurred by the applicant prior to the start date of the period of performance of the federal award.

OJP does not typically approve pre-agreement costs; an applicant must request and obtain the prior written approval of OJP for all such costs. All such costs incurred prior to award and prior to approval of the costs are incurred at the sole risk of the applicant. (Generally, no applicant should incur project costs before submitting an application requesting federal funding for those costs.) Should there be extenuating circumstances that make it appropriate for OJP to consider approving pre-agreement costs, the applicant may contact the point of contact listed on the title page of this solicitation for the requirements concerning written requests for approval. If approved in advance by OJP, award funds may be used for pre-agreement costs, consistent with the recipient’s approved budget and applicable cost principles. See the section on Costs Requiring Prior Approval in the DOJ Grants Financial Guide at https://ojp.gov/financialguide/DOJ/index.htm 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, a recipient may not use federal funds to pay total cash compensation (salary plus cash bonuses) to any employee of the 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.4 The 2018 salary table for SES employees is available on the Office of Personnel Management website at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/18Tables/exec/html/ES.aspx . Note: A recipient may compensate an employee at a greater rate, provided the amount in excess of this compensation limitation is paid with non-federal funds. (Non-federal funds used for any such additional compensation will not be considered matching funds, where match requirements apply.) If only a portion of an employee's time is charged to an OJP award, the maximum allowable compensation is equal to the percentage of time worked times the maximum salary limitation.

4 OJP does not apply this limitation on the use of award funds to the nonprofit organizations listed in…