Litigation Support for Indian Rights (15.052)

 

Program

15.052 Litigation Support for Indian Rights

 

Federal Agency

BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

Authorization

Public Law 103-399; Indian Self-Determination and Education Assistance Act, Public Law 93-638, as amended, 25 U.S.C. 450; 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; Indian Lands Open Dump Cleanup Act of 1994, 108 Stat. 4164.

 

Program Number

15.052

 

Last Known Status

Active

 

Objectives

To establish or defend Indian property or treaty rights through judicial, administrative, or settlement actions.

 

Types of Assistance

Direct Payments for Specified Use.

 

Uses and Use Restrictions

This program supports requests from tribes for expert witnesses, research, data collection, technical support, and other evidence-gathering activities required for the United States to defend the government's position in litigation cases involving Indian rights issues such as hunting, fishing and gathering rights issues; trespass; title issues, such as property line disputes; rights- of-way disputes; allotment claims; mineral entry; pollution and other activities which have harmed or could harm the health and safety of the reservation population. Funds may be used for the payment of Equal Access to Justice Act (EAJA) settlements or other payments ordered by the Courts, the Department of Justice and the Department of the Interior Office of the Solicitor.

 

Eligibility Requirements

Applicant Eligibility

Federally Recognized Indian Tribal Governments and Native American Organizations authorized by these Tribes.

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, Part 900, Subpart C, "Contract Proposal Contents." Completed applications should be submitted to the local BIA 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 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

Applications must be submitted 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 by the contractor/grantee for the purposes specified in the application. 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 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.

 

Program Accomplishments

Approximately 30 funding requests are received on an annual basis; between 20 and 25 are funded each year.

 

Financial Information

Account Identification

14-2100-0-1-452.

Obligations

(Total Amount of Awards) FY 02 $1,487,250; FY 03 est $1,487,250; and FY 04 est $1,487,250.

Range and Average of Financial Assistance

$2,000 to $220,000; $76,000.

 

Regulations, Guidelines and Literature

None.

 

Related Programs

15.053, Attorney Fees_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

Types of projects funded include studies supporting litigation and negotiation, record searches, and information research activities.

 

Criteria for Selecting Proposals

Selection of proposals is dependent on the type of assistance being requested and the availability of funds. Cases for which assistance is requested must have progressed beyond Tribal courts to local, county, State, or Federal courts.