Attorney Fees-Indian Rights (15.053)
Program
15.053 Attorney Fees-Indian Rights
Federal Agency
Agency: Department of the Interior
Office: Bureau of Indian Affairs
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 A 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. OMB Circular No. A-87 applies to this program.
Application and Award Process
Preapplication Coordination
Informal preapplication conference is recommended. Technical assistance in preparing the application is available upon request. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.
Application Procedure
This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. 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
Not Applicable.
Range of Approval/Disapproval Time
Applications will be processed within 90 days.
Appeals
An unsuccessful applicant may request an informal conference with the deciding official.
Renewals
A new application is required each year.
Assistance Considerations
Formula and Matching Requirements
This program has no statutory formula.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.
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. See the following for information on how assistance is awarded/released: Information not available.
Post Assistance Requirements
Reports
Reports are not required. Cash reports are not applicable. Progress reports are not applicable. Reports are not required. Performance monitoring is not applicable.
Audits
In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. For awards made to Tribes under this Program, grantees/contractors are responsible for obtaining audits.
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 Applicable.
Financial Information
Account Identification
14-2100-0-1-452.
Obligations
(Direct Payments for Specified Use) FY 08 $1,764,000; FY 09 est $1,764,000; FY 10 est $0
Range and Average of Financial Assistance
Information not available.
Regulations, Guidelines and Literature
25 CFR 89.
Related Programs
15.052 Litigation Support for Indian Rights
Information Contacts
Regional or Local Office
See Regional Agency Offices. Applications may be filed with the local Bureau of Indian Affairs agency office as listed in Appendix IV of the Catalog.
Headquarters Office
Vicki Forrest Office of Trust Services, Bureau of Indian Affairs, 1849 C Street N.W., MS 4620 MIB , Washington, District of Columbia 20240 Phone: (202)208-5831
Web Site Address
http://www.doi.gov/bia/otrhome.htm; http://www.doi.gov/bureau-indian-affairs.html.
Examples of Funded Projects
Fiscal Year 2008: Cases funded from this program may involve environmental damage claims; water rights negotiation/litigation; boundary disputes; treaty hunting, fishing, and gathering rights; and off-reservation rights. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available
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.
