DOJ Listening sessions/consultation Oct. 18, at NCAI annual conference Dec. 6, Palm Springs Consultation Feb. 15, Washington, DC We expect a framing paper from DOJ this week.

Estimated Need BIA estimates in order to offer a basic level of service: $1 billion for tribal law enforcement $1 billion for tribal courts $222.8 million for existing corrections facilities

Challenges to tribal public safety funding: available funding falls well below the documented need; funding is spread across multiple federal agencies with different programmatic and administrative requirements; and DOJ funding is distributed via short-term, competitive grants that undermine program stability and hamper strategic planning.

Tribal funding for public safety, criminal justice, and victim services is spread across several agencies: BIA - base funding for law enforcement, courts, & detention  approximately $376.7M in FY 17 DOJ – competitive grants for specific purposes  approximately $115M in FY 17 HHS also has some grants for substance abuse, rehabilitation, violence prevention, and victim services.

Appropriations update - bia Public Safety and Justice FY 2017 enacted FY 2018 Admin Request FY18 House Bill FY18 Senate Draft bill Law Enforcement & Corrections $353.5 M $326M $359.5M 361.4 Tribal Courts $30.7M $22M $30.6M 30.6 Fire Protection $1.4M $1.6M 1.6 Subtotal, Public Safety and Justice $385.7M $349.3M $391.7M 393.6

Appropriations Update – DOJ   FY 17 enacted FY18 Admin proposal House FY18 CJS Senate COPS Office $--- $30M Tribal Youth Program $-- “Tribal Assistance” 7% (est. $65M) 7% (est. $90.4M) 7% (est. $80M) 7% (est. $110.7M) OVW Funding est. $50M est. $48M Est. $50M VOCA tribal funding 5% (est. $150M) 5% (est. $182M) Approx. total $115M $318.4M $130M $342.7M [1] For FY17, up to 7% from COPS programs can be combined with up to 7% from certain OJP and OJJDP programs to be made available for “tribal criminal justice assistance” at the discretion of the Attorney General. 7% of COPS programs in FY 17 is around $15M. [2] For FY17, up to 7% from certain OJP and OJJDP programs can be made available for “tribal criminal justice assistance” at the discretion of the Attorney General. 7% of the specified OJP and OJJDP in FY 17 is around $50M. [3] The Administration proposal includes a 7% set-aside from across OJP programs for tribal assistance. According to the Administration’s budget documents, this would amount to $94M.

Appropriations Levels FY 16 FY 17 FY 18 Admin BIA public safety funding $377,423,000 $376,706,000 $349,314,000 DOJ tribal programs $120,000,000 $115,000,000 $318,000,000 Total $497,423,000 $491,706,000 $659,314,000

Funding Trends

DOJ Grant Funding Pots COPS Office Tribal Youth Tribal Courts FY 10 enacted COPS Office $45M Tribal Youth $25M Tribal Courts Detention $10M Substance Abuse $12M Legal Assistance $3M OVW Funding est. $45M VOCA tribal funding $--- Approx. total $165M FY 16 enacted COPS Office $30M Tribal Youth $10M “Tribal Assistance” OVW Funding est. $50M VOCA tribal funding $-- Approx. total $120M FY 17 enacted $--- 7% est. $65M est. $50M $-- $115M FY 18 Admin. Proposal $30M $--- 7% est. $90.4M est. $48M 5% est. $150M $342.7M

DOJ Listening session Since 2012, DOJ has had considerable flexibility to determine how to spend money Congress appropriates for “tribal assistance.” In FY17 Congress appropriated $65M. For FY 18, it will likely be $80-$110M.

In the past DOJ has funded a range of activities with these funds, including: Law enforcement hiring, equipment, & training Comprehensive justice system-wide strategic planning Tribal courts Diversion programs and alternatives to incarceration Construction of corrections facilities, multi-purpose justice centers, & alternatives to corrections Alcohol & substance abuse response, prevention and treatment Corrections & re-entry programs Tribal civil and criminal legal assistance Technical assistance ???

Questions & Considerations How should DOJ determine what activities should be funded and how to allocate available funds among activities? How should DOJ distribute funds? On a competitive basis or distribute funds to all eligible tribes using a formula? How long should the grant period be? How often should tribes be permitted to apply? Who should be eligible to apply? Tribes only, or also non- profits that serve tribal communities?