Indian Rights Protection (15.036)

 

Program

15.036 Indian Rights Protection

 

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 et seq.; 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, 108 Stat. 4164; Indian Lands Open Dump Cleanup Act of 1994; Indian Self-Determination and Education Assistance Act, Public Law 93-638, as amended, 25 U.S.C. 450.

 

Program Number

15.036

 

Last Known Status

Active

 

Objectives

To protect Indian rights guaranteed through treaty or statute by obtaining the services or information needed to litigate challenges to these rights.

 

Types of Assistance

Direct Payments for Specified Use.

 

Uses and Use Restrictions

Awards fund projects to collect information needed by the Federal government to litigate challenges to Indian rights which have been guaranteed through treaty or statute.

 

Eligibility Requirements

Applicant Eligibility

Federally Recognized Indian Tribal Governments and Native American Organizations authorized by Indian tribal governments.

Beneficiary Eligibility

Federally Recognized Indian Tribal Governments 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, Part 900, Subpart C, "Contract Proposal Contents." Completed applications should be submitted to the local Bureau of Indian Affairs agency office listed in Appendix IV of the Catalog.

Award Procedure

The dollar value of the awards depends upon the amount that has been prioritized by the individual Tribe through tribal participation in the BIA's budget formulation process.

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. Full appeal procedures are found in 25 CFR, Part 900.

Renewals

Awards may be renewed indefinitely upon satisfactory performance by the contractor/grantee. A notice of intent to renew should be submitted at least 90 days prior to the expiration of the current award. The amount of the award may be adjusted as a result of individual tribal priorities established in the budget formulation process.

 

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 by the contractor/grantee. Payments may be made in advance or by way of reimbursement. The timing of payments will be negotiated with the grantee.

 

Post Assistance Requirements

Reports

Financial status reports, SF 269A, are required. The timing and nature of program accomplishment data will be negotiated with the contractor/grantee.

Audits

For awards made 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.).

Records

Financial records must be retained for 3 years from the date of submission of the single audit report. Procurement records must be retained for 3 years from the date of final payment. Property records must be retained for 3 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.

 

Program Accomplishments

Awards under this program have helped Tribes to successfully establish and defend rights guaranteed through treaty or statute.

 

Financial Information

Account Identification

14-2100-0-1-452.

Obligations

(Total Amount of Awards) FY 02 $421,000; FY 03 est $424,000; and FY 04 est $396,000.

Range and Average of Financial Assistance

$1,000 to $100,000; $25,000.

 

Regulations, Guidelines and Literature

25 CFR 900.

 

Related Programs

None.

 

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) 208-7737. Contact: Larry Scrivner.

Web Site Address

http://www.doi.gov/bia/Rightsprot.htm

 

Examples of Funded Projects

Projects are funded to support research and collection of data on rights issues in the areas of water, land title disputes, hunting and fishing rights, and environmental problems.

 

Criteria for Selecting Proposals

All applicants meeting the criteria in 25 CFR Part 900 will be funded.