BIA-OJS 2020 TLOA Report

<p>The Tribal Law and Order Act of 2010, Public Law 111-211 (TLOA) was designed to provide greater freedom for Tribal nations to design and operate their own justice systems, making Federal departments and agencies more accountable in their service of Native people and lands. TLOA specifically requires the BIA Office of Justice Services (OJS) to report on spending, staffing, and unmet needs for PS&amp;J programs in Indian Country. This report includes spending and staffing data for 2021, as well as annual cost estimates, for PS&amp;J programs. The spending displayed may vary slightly from enacted amounts due to reprogramming of funds by BIA or Tribes. To meet the reporting requirements of TLOA, this report equates spending with BIA-obligated funding for PS&amp;J programs and staffing with the filled Full Time Equivalent (FTE) positions in BIA-operated PS&amp;J programs plus estimates of FTE for Tribally-operated BIA-funded PS&amp;J programs. As a proxy for unmet needs, the report provides an estimate of total annual costs to operate appropriate-sized, fully staffed Law Enforcement andDetention/Corrections programs, as well as Tribal Courts, in Indian Country. This report does not include any funding made available for PS&amp;J purposes in Indian Country on a permanent or one-time basis by organizations other than BIA. Tribal PS&amp;J programs occasionally receive funding from Federal, State, and Tribal organizations other than BIA. The full scope of unmet needs cannot be addressed without considering non-BIA sources of funding, on which data are not readily available. To ensure consistency of data, this report uses models to estimate annual program costs and FTE needs across the board. Previous BIA efforts to use a web-based data collection survey tool accessible to Tribes on the BIA webpage, www.bia.gov, yielded information that varied substantially in degrees of completeness and proved difficult to verify. TLOA requires BIA to submit a detailed spending report and the methodology used to disburse funds for PS&amp;J programs administered by OJS. OJS allocates its recurring appropriations to 191 Law Enforcement programs; 96 Detention/Corrections programs (for 55 Tribes); 15 district, headquarters, and support offices; 230+ TribalCourts; and other BIA agency offices that support PS&amp;J programs. The BIA funds are spent either by BIA to deliver direct services or by Tribes when they contract services with funds transmitted to the Tribes through self-determination contracts or self-governance compacts, pursuant to the Indian Self-Determination and Education Assistance Act, P.L. 93-638.</p>

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