JJDP Act Native American Pass-Through Calculation
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Frequently Asked Questions


How was the Native American pass-through formula developed?

The formula for the pass-through funds was specified by Congress as part of the formula grant funding to states included in the Juvenile Justice and Delinquency Prevention (JJDP) Act of 2002 (Pub. L. No. 93-415, 42 U.S.C. 5601 et seq.). It is the responsibility of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to implement the various elements of the Act, which includes overseeing the formula calculation.



How were the data sources used to calculate the formula selected?

OJJDP, in conjunction with the Bureau of Justice Statistics (BJS) and the Justice Research and Statistics Association (JRSA), attempted to identify the most recent and accurate data for use in the formula calculation. The sources and calculations explained in the Methodology section of the Web site were deemed to be the most accurate by the agencies involved. OJJDP has provided funding to JRSA to continue to examine these data sources and look for ways to improve the accuracy of the formula calculations.



How was the determination made of whether or not a tribe has a law enforcement function?

A tribe was considered to have a law enforcement function if it met any of the following criteria:

  • Responded "yes" to the following question on the Bureau of Justice Statistics' 2002 Census of Tribal Justice Agencies in American Indian and Alaska Native Tribal Jurisdictions: "Does your tribe have a law enforcement agency employing sworn tribal personnel with general arrest powers?";
  • Has a tribal law enforcement (or quasi-law enforcement) agency, detention or criminal justice center (to include active Alaska Village Public Safety Officer program);
  • Received funding in fiscal years 2008, 2009, or 2010 from any of the following grant programs: BJA Tribal Courts Assistance Program, BJA Correctional Facilities on Tribal Lands Program, COPS Tribal Resource Grant Program, or COPS Hiring Program.



Why does the formula use Native American youth populations based on 2005 data?

The agencies involved have determined that the most accurate data on tribal youth populations come from the survey of tribes conducted by BIA for their American Indian Population and Labor Force Report. The survey was being conducted by BIA every other year; however, it was not administered in 2007. As of the Spring of 2010 a new survey has been fielded. JRSA hopes to incorporate new tribal youth population estimates from this new survey in the pass-through calculations for the FY 2012 Title II Formula Grants Program.



How will other data sources be updated?

JRSA will incorporate the most recent available data from each source at the time of each allocation formula calculation, usually around the beginning of each year. This will included the latest estimates of state juvenile populations from the Census Bureau, as well as any updates to the list of Federally-recognized tribes or tribes with law enforcement functions.



How is "law enforcement functions" defined?

Law enforcement functions are defined broadly to encompass activities pertaining to the custody of children, including, but not limited to, police efforts to prevent, control, or reduce crime and delinquency or to apprehend criminal and delinquent offenders, and/or activities of corrections, probation, or parole authorities.



How does the formula calculation handle the situation where tribal lands may cross state boundaries?

OJJDP has determined that if an Indian tribe's land crosses state boundaries, the allocation for that tribe is the responsibility of the state that is listed in the official mailing address of the tribal government.



How are tribes in Public Law 280 states accounted for in the formula calculations?

Tribes in PL 280 states that do not provide any of the law enforcement functions listed above are not eligible for funding as defined in the legislation. States may choose to make awards to those tribes at their own discretion.



There is a tribe in my state that has it's own tribal law enforcement agency but I don't see it on the list of eligible tribes on my state page. What should I do?

Please contact JRSA with any questions you have about the information on the site. In this case, there are a couple of possible reasons why the tribe isn't included. Some tribes may be part of a larger or consolidated tribe and are included in an award to another entity. For example, the Confederated Tribes of Siletz in Oregon is made up of approximately 27 bands, such as the Chinook, Tillamook, and Tolowa. It is also possible that the law enforcement agency is actually a Bureau of Indian Affairs (BIA) agency rather than an agency funded by the tribe, or that the law enforcement agency is new and is not yet reflected in our data sources. Please contact JRSA so that we can verify the information and update our data, if necessary.



How do we provide feedback on the information provided on the site?

Please contact JRSA with any questions regarding the calculation of the allocation formula. You may also contact us if you believe that a tribe was incorrectly included or excluded from the list of Federally-recognized tribes with law enforcement functions, or if you have a question regarding the state or tribal youth population numbers. Issues that cannot be resolved by JRSA will be passed on to OJJDP for a decision.