Unresolved Indian Hunting and Fishing Rights (15.050)

 

Program

15.050 Unresolved Indian Hunting and Fishing Rights

 

Federal Agency

BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

Authorization

Indian Self-Determination and Education Assistance Act, Public Law 93-638, as amended, 25 U.S.C. 450; Snyder Act of 1921, Public Law 67-85, 42 Stat. 208, 25 U.S.C. 13.

 

Program Number

15.050

 

Last Known Status

Active

 

Objectives

To assist tribes in clarifying and defining their off-reservation hunting and fishing rights.

 

Types of Assistance

Direct Payments for Specified Use.

 

Uses and Use Restrictions

Funds are used to support tribes engaged in negotiations with other fish and wildlife resource management authorities to clarify the scope of Indian hunting, fishing, and gathering rights; and the nature and extent to which such rights may be exercised.

 

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 and Native American Organizations.

Credentials/Documentation

Initial application must be accompanied by a resolution of the governing body of the Indian tribe.

 

Application and Award Process

Preapplication Coordination

None. 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

Funds are appropriated for nonrecurring projects on a year-by-year basis and are not intended to provide perennial support for tribal programs.

 

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 and subgrantees 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

A majority of the assistance was awarded annually to one tribal organization which supported 20 individual tribes. Remaining program funds were commonly used to partially fund one or two other projects that are awarded competitively from four or five applications received.

 

Financial Information

Account Identification

14-2100-0-1-302.

Obligations

(Total Amount of Awards) FY 02 $229,000; FY 03 est $46,000; and FY 04 est $47,000.

Range and Average of Financial Assistance

$50,000 to $320,000.

 

Regulations, Guidelines and Literature

25 CFR, Part 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, Division of Water and Land Resources, Branch of Fish, Wildlife and Recreation, Bureau of Indian Affairs, MS 4513 MIB, 1849 C Street NW, Washington, DC 20240. Telephone: (202) 208-4088. Contact: Gary Rankel.

Web Site Address

http://www.doi.gov/bureau-indian-affairs.html

 

Examples of Funded Projects

Awards are generally made to multi- tribal organizations or coalitions of tribes in a specific area.

 

Criteria for Selecting Proposals

Funds are awarded based on the nature and extent of the unresolved rights issue and on the relative number of tribes that can potentially benefit from the project. Consideration is given to the BIA agency's recommendation on the proposal.