Indian Rights Protection (15.036)

Program

15.036 Indian Rights Protection

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 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 A 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. 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

OMB Circular No. A-102 applies to this program. This program is excluded from coverage under OMB Circular No. A-110. 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

Contact the headquarters or regional office, as appropriate, for application deadlines.

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 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

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 by the contractor or grantee. Payments may be made in advance or by way of reimbursement. 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

The timing and nature of program accomplishment data will be negotiated with the contractor or grantee. Cash reports are not applicable. Progress reports are not applicable. The Federal Financial Report, SF 425 is 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 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

Fiscal Year 2008: Awards under this program have helped Tribes to successfully establish and defend rights guaranteed through treaty or statute. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

14-2100-0-1-452.

Obligations

(Direct Payments for Specified Use) FY 08 $415,910; FY 09 est $400,000; FY 10 est $0

Range and Average of Financial Assistance

Range is $1,000 to $100,000; Average $25,000.

Regulations, Guidelines and Literature

25 CFR 900.

Related Programs

Not Applicable.

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

Vicky Forrest Department of the Interior, Bureau of Indian Affairs, Office of Trust Responsibilities, 1849 C Street, NW, MS-4510 MIB, Washington, District of Columbia 20240 Phone: (202)208-5831

Web Site Address

http://www.doi.gov/bia/Rightsprot.htm; http://www.doi.gov/bureau-indian-affairs.html.

Examples of Funded Projects

Fiscal Year 2008: 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. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Criteria for Selecting Proposals

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