[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR90.16]

[Page 378-379]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 90--VIOLENCE AGAINST WOMEN--Table of Contents
 
   Subpart B--The STOP (Services  Training  Officers  Prosecutors) 
              Violence Against Women Formula Grant Program
 
Sec. 90.16  Availability and allocation of funds.

    (a) Section 2002(b) provides for the allocation of the amounts 
appropriated for this Program as follows:
    (1) Allocation to Indian tribal governments. Of the total amounts 
appropriated for this Program, 4% shall be available for grants directly 
to Indian tribal governments. This Program is addressed in subpart C of 
this part.

[[Page 379]]

    (2) Allocation to States. Of the total amounts appropriated for this 
Program in any fiscal year, after setting aside the portion allocated 
for discretionary grants to Indian tribal governments covered in 
paragraph (a) (1) of this section, and setting aside a portion for 
evaluation, training and technical assistance, a base amount shall be 
allocated for grants to eligible applicants in each State. After these 
allocations are made, the remaining funds will be allocated to each 
State on the basis of the State's relative share of total U.S. 
population (not including Indian tribal populations). For purposes of 
determining the distribution of the remaining funds, the most accurate 
and complete data compiled by the U.S. Bureau of the Census shall be 
used.
    (3) Allocation of funds within the State. Funds granted to qualified 
States are to be further subgranted by the State to agencies, offices, 
and programs including, but not limited to State agencies and offices; 
public or private nonprofit organizations; units of local government; 
Indian tribal governments; nonprofit, nongovernmental victim services 
programs; and legal services programs for victims to carry out programs 
and projects specified in Sec. 90.12.
    (b) In distributing funds received under this part, States must:
    (1) Give priority to areas of varying geographic size with the 
greatest showing of need. In assessing need, States must consider the 
range and availability of existing domestic violence and sexual assault 
programs in the population and geographic area to be served in relation 
to the availability of such programs in other such populations and 
geographic areas, including Indian reservations. Applications submitted 
by a State for program funding must include a proposal which delineates 
the method by which States will distribute funds within the State to 
assure compliance with this requirement on an annual or multi-year 
basis. Section 2002(e)(2)(A).
    (2) Take into consideration the population of the geographic area to 
be served when determining subgrants. Section 2002(e)(2)(B). 
Applications submitted by a State for program funding must include a 
proposal which delineates the method by which States will distribute 
funds within the State to assure compliance with this requirement on an 
annual or multi-year basis.
    (3) Equitably distribute monies on a geographic basis, including 
non-urban and rural areas of various geographic sizes. Section 
2002(e)(2)(C). Applications submitted by the State for program funding 
must include a proposal which delineates the method by which States will 
distribute funds within the State to assure compliance with this 
requirement on an annual or multi-year basis.
    (4) In disbursing monies, States must ensure that the needs of 
previously underserved populations are identified and addressed in its 
funding plan. Section 2002(e)(2)(D). For the purposes of this Program, 
underserved populations include, but are not limited to, populations 
underserved because of geographic location (such as rural isolation), 
underserved racial or ethnic populations, including Indian populations, 
and populations underserved because of special needs such as language 
barriers or physical disabilities. Section 2003(7). Each State has 
flexibility to determine its basis for identifying underserved 
populations, which may include public hearings, needs assessments, task 
forces, and U.S. Bureau of Census data. Applications submitted by the 
State for program funding must include a proposal which delineates the 
method by which States will distribute funds within the State to assure 
compliance with this requirement on an annual or multi-year basis.
    (c) States must certify that a minimum of 25% of each year's grant 
award (75% total) will be allocated, without duplication, to each of the 
following areas: prosecution, law enforcement, and victim services. 
Section 2002(c)(3). This requirement applies to States and does not 
apply to individual subrecipients. This requirement applies to Indian 
tribal governments to the extent they have law enforcement or 
prosecution.