In McGirt v.
Oklahoma, 140 S.
Ct.
2452 (2020), the Supreme Court held that the Muscogee (Creek) Reservation, established by treaty, had never been "disestablished" by Congress, and therefore jurisdiction over offenses resided exclusively with the federal government, under
the Major Crimes Act (18 U.S.C.
§ 1153) and the General Crimes Act (18 U.S.C.
§ 1152), and the Tribe, rather than the State of Oklahoma.
Although McGirt applied only to the Muscogee (Creek) Reservation, the decision has since been extended to the Cherokee, Chickasaw, Choctaw, and Seminole Nations' reservations in Oklahoma.
OVW is inviting these five tribes, all current recipients of OVW funding, to apply for funding to support additional project activities as they work to exercise criminal jurisdiction following McGirt in cases involving sexual assault, domestic violence, dating violence, stalking, and sex trafficking.
Funds available under this special initiative will provide funding to support staffing, infrastructure, victim services, and other tribal justice system needs.
Funds to support this special initiative come from the OVW Grants to Indian Tribal Governments Program (Tribal Governments Program or TGP) and the Tribal Sexual Assault Services Program (TSASP).
The Tribal Governments Program is authorized by 34 U.S.C.
§ 1045 2. The program is designed to assist tribal governments and authorized designees of tribal governments to respond to sexual assault, domestic violence, dating violence, sex trafficking, and stalking in their communities.
TSASP is authorized by 34 U.S.C.
§ 12511(e).
TSASP supports projects to create, maintain, and expand sustainable sexual assault services provided by tribes, tribal organizations, and nonprofit tribal organizations within Indian country and Alaska Native villages.
For additional information about these programs and related performance measures, see:
OVW grant program information:
OVW Grants and Programs Webpage.
Program performance measures under the Measuring Effectiveness Initiative:
VAWA Measuring Effectiveness Initiative webpage.
Examples of successful projects in OVW’s most recent report to Congress on the effectiveness of VAWA grant programs.