Attorney Fees-Indian Rights (15.053)
Program
15.053 Attorney Fees-Indian Rights
Federal Agency
BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
Authorization
Public Law 97-394, 96 Stat. 1976, 28 U.S.C. 2415; Indian Claims Limitation Act of 1982; Public Law 98-250; Public Law 96- 487, 94 Stat. 2371, 16 U.S.C. 3101; Alaska National Interest Lands Conservation Act; Public Law 92-203, 106 Stat. 2112-2125, 43 U.S.C. 1601; Alaska Native Claims Settlement Act; Public Law 103-399; Indian Lands Open Dump Cleanup Act of 1994, 108 Stat. 4164.
Program Number
15.053
Last Known Status
Active
Objectives
To assist Federally Recognized Tribes in protecting their treaty rights and other rights established through Executive Order or court action.
Types of Assistance
Direct Payments for Specified Use.
Uses and Use Restrictions
These funds are used to provide assistance to tribes to obtain legal representation in situations where the United States cannot represent them as authorized in 25 U.S.C. 175. The funds are distributed in accordance with regulations governing the expenditure of appropriated funds for the fees of private attorneys representing tribes, and the eligibility requirements are found in 25 U.S.C. 89. Bureau policy determines the attorney fee hourly rates.
Eligibility Requirements
Applicant Eligibility
Federally Recognized Indian Tribal Governments.
Beneficiary Eligibility
Federally Recognized Indian Tribes and their members.
Credentials/Documentation
Initial application must be accompanied by a resolution of the governing body of the Indian tribe.
Application and Award Process
Preapplication Coordination
Informal preapplication conference is recommended. Technical assistance in preparing the application is available upon request. This program is excluded from coverage under E.O. 12372.
Application Procedure
Initial applications must contain the information specified in 25 CFR 89. Completed applications should be submitted to the local Bureau of Indian Affairs agency office listed in Appendix IV of the Catalog.
Award Procedure
Awards are approved at the Headquarters level.
Deadlines
None.
Range of Approval/Disapproval Time
Appeals
An unsuccessful applicant may request an informal conference with the deciding official or may appeal the denial of the application directly to the Interior Board of Indian Appeals, or may bring suit in U.S. District Court.
Renewals
New application required each year.
Assistance Considerations
Formula and Matching Requirements
Not applicable.
Length and Time Phasing of Assistance
Awards are made on an annual basis and the funds remain available until expended for the legal services specified in the contractor/grantee application. Payments are made as billings are received. The timing of payments will be negotiated with the grantee.
Post Assistance Requirements
Reports
None.
Audits
For awards made to Tribes under this Program, grantees/contractors are responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 et.seq.). For payments made directly by the Bureau of Indian Affairs to attorneys on behalf of a Tribe, no audit is required.
Records
Financial records must be retained by Tribes for three years from the date of submission of the single audit report. Procurement records must be retained for three years from the date of final payment. Property records must be retained for three years from the date of disposition, replacement, or transfer. Records pertaining to any litigation, audit exceptions or claims must be retained until the dispute has been resolved. Records maintained by the attorneys are subject to provisions of the contract with the Tribe.
Program Accomplishments
Not available.
Financial Information
Account Identification
14-2100-0-1-452.
Obligations
(Total Amount of Awards) FY 02 $1,144,000; FY 03 est $1,136,000; and FY 04 est $992,000.
Range and Average of Financial Assistance
$20,000 to $237,000; $60,000.
Regulations, Guidelines and Literature
25 CFR 89.
Related Programs
15.052, Litigation Support for Indian Rights.
Information Contacts
Regional or Local Office
Applications may be filed with the local Bureau of Indian Affairs agency office as listed in Appendix IV of the Catalog.
Headquarters Office
Office of Trust Responsibilities, Bureau of Indian Affairs, 1849 C Street NW, MS 4510 MIB, Washington, DC 20240. Telephone: (202) 208-7216.
Web Site Address
http://www.doi.gov/bia/otrhome.htm
Examples of Funded Projects
Cases funded from this program may involve environmental damage claims; water rights negotiation/litigation; boundary disputes; treaty hunting, fishing, and gathering rights; the 1934 Native Allotment Act; and off-reservation rights.
Criteria for Selecting Proposals
Cases must first have been turned down by the Department of Justice and the Department of the Interior Office of the Solicitor, and then can be submitted for review to the Attorney Review Committee for a recommendation to the Assistant Secretary for approval.
