Since the Title II legislation requires that tribes must provide law enforcement functions to be eligible for funding, these tribes were identified using five available sources.
First, the Bureau of Justice Statistics (BJS) data from the Census of Tribal Justice Agencies in American Indian and Alaska Native Tribal Jurisdictions were used, as reported in Census of Tribal Justice Agencies in Indian Country, 2002. In the Census, tribes were surveyed to collect information on tribal law enforcement, courts and administration, corrections and intermediate sentences, criminal history records and justice statistics. According to the final report, 165 tribes performed law enforcement functions, defined as agencies that employed at least one full-time sworn officer with general arrest powers.
Second, the BJS Census of State and Local Law Enforcement Agencies (CSLLEA), collected in 2008, allowed us a slightly more recent list of tribes with law enforcement functions. Where the CSLLEA disagreed with the findings in the BJS Census, Web searches were done to determine whether a tribal police department existed.
Third, tribal-owned law enforcement or detention/corrections agencies that are listed in the Bureau of Indian Affairs' 2010 Office of Tribal Justice Directory were also considered eligible for the purposes of this program.
The fourth source identified Native American villages in Alaska that have Village Public Safety Officers. This information was obtained from the Alaska Department of Public Safety's Village Public Safety Officer Program. The list of officers is updated monthly; for each year of calculations, the twelve most recent months of data are used to determine eligibility.
Finally, tribes that received law enforcement or justice funding from the Office of Justice Programs (OJP) or the Community Oriented Policing Services (COPS) between 2008 and 2013 were considered to be eligible for funding. Since the purpose of these grant programs is to strengthen law enforcement and justice-related functions, this serves as an indicator that the tribe is undertaking some type of law enforcement activity.