28 C.F.R. Subpart C—Correctional Facilities on Tribal Lands
Title 28 - Judicial Administration
Authority: 42 U.S.C. 13701 et seq., as amended by Pub. L. 104–134.
Source: 61 FR 49970, Sept. 24, 1996, unless otherwise noted.
This part sets forth requirements and procedures to award grants to Indian Tribes for purposes of constructing jails on tribal lands for the incarceration of offenders subject to tribal jurisdiction. (a) The Act means the Violent Crime Control and Law Enforcement Act of 1994, Subtitle A of Title II, Public Law 103–322, 108 Stat. 1796 (September 13, 1994) as amended by the Fiscal Year 1996 Omnibus Consolidated Rescissions and Appropriations Act, Public Law 104–134 (April 26, 1996), codified at 42 U.S.C. 13701 et. seq. (b) Assistant Attorney General means the Assistant Attorney General for the Office of Justice Programs. (c) Tribal lands means: (1) All land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; (2) All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State; and (3) All Indian allotments, the Indian titles to which have not been extinguished, including rights-of way running through the same. (d) Indian Tribe means an eligible Native American tribe as defined by the Indian Self Determination Act, 25 U.S.C. 450b(e). (e) Construction means the erection, acquisition, renovation, repair, remodeling, or expansion of new or existing buildings or other physical facilities, and the acquisition or installation of fixed furnishings and equipment. It includes facility planning (including environmental impact analysis), pre-architectural programming, architectural design, preservation, construction, administration, construction management, or project management costs. Construction does not include the purchase of land. [61 FR 49970, Sept. 24, 1996, as amended at 69 FR 2299, Jan. 15, 2004] (a) The Assistant Attorney General may make grants to Indian tribes for programs that involve constructing jails on tribal lands for the incarceration of offenders subject to tribal jurisdiction. (b) Applications for grants under this program shall be made at such times and in such form as may be specified by the Assistant Attorney General. Applications will be evaluated according to the statutory requirements of the Act and programmatic goals. (c) Grantees must comply with all statutory and program requirements applicable to grants under this program. (d) The funds provided under this part shall be administered in compliance with the standards set forth in part 38 (Equal Treatment for Faith-based Organizations) of this chapter. [61 FR 49970, Sept. 24, 1996, as amended by Order No. 2703–2004, 69 FR 2841, Jan. 21, 2004] (a) From the amounts appropriated under section 20108 of the Act to carry out sections 20103 and 20104 of the Act, the Assistant Attorney General shall reserve, to carry out this program— (1) 0.3 percent in each fiscal years 1996 and 1997; and (2) 0.2 percent in each of fiscal years 1998, 1999 and 2000. (b) From the amounts reserved under paragraph (a) of this section, the Assistant Attorney General may exercise discretion to award or supplement grants to such Indian Tribes and in such amounts as would best accomplish the purposes of the Act.
Title 28: Judicial Administration
PART 91—GRANTS FOR CORRECTIONAL FACILITIES
Subpart C—Correctional Facilities on Tribal Lands
§ 91.21 Purpose.
§ 91.22 Definitions.
§ 91.23 Grant authority.
§ 91.24 Grant distribution.
