Attorney Fees Indian Rights


To assist Federally Recognized Tribes in protecting their treaty rights and other rights established through Executive Order or court action.

General information about this opportunity
Last Known Status
Program Number
Federal Agency/Office
Bureau of Indian Education, Department of The Interior
Type(s) of Assistance Offered
C - Direct Payments For Specified Use
Program Accomplishments
Not applicable.
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.
Who is eligible to apply/benefit from this assistance?
Applicant Eligibility
Federally Recognized Indian Tribal Governments.
Beneficiary Eligibility
Federally Recognized Indian Tribes and their members.
Initial application must be accompanied by a resolution of the governing body of the Indian tribe.
What is the process for applying and being award this assistance?
Pre-Application Procedure
Preapplication coordination is required. Environmental impact information is not required for this program. An environmental impact assessment is not required for this listing. This program is excluded from coverage under E.O. 12372. Informal preapplication conference is recommended. Technical assistance in preparing the application is available upon request.
Application Procedure
2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. 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.
Not applicable.
Approval/Disapproval Decision Time
Applications will be processed within 90 days.
An unsuccessful applicant may request an informal conference with the deciding official.
A new application is required each year.
How are proposals selected?
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.
How may assistance be used?
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.
What are the requirements after being awarded this opportunity?
Not applicable.
Not applicable.
Financial records must be retained by Tribes 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. Records maintained by the attorneys are subject to provisions of the contract with the Tribe.
Other Assistance Considerations
Formula and Matching Requirements
Statutory formula is not applicable to this assistance listing.

Matching requirements are not applicable to this assistance listing.

MOE requirements are not applicable to this assistance listing.
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.
Who do I contact about this opportunity?
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
Juanita Mendoza
1849 C Street, N.W.
Bureau of Indian Education, MS 4657-MIB
Washington, DC 20240 US
Phone: 2022083559
Financial Information
Account Identification
(Direct Payments for Specified Use) FY 22 FY 23 FY 24 FY 21$0.00; FY 20$0.00; FY 19$0.00; FY 18$90,000.00; FY 17 FY 16 - No financial obligations to report. Budget Fiscal Year 2024 estimate based on prior year appropriations and expenditures.
Range and Average of Financial Assistance
Information not available.
Regulations, Guidelines and Literature
25 CFR 89.
Examples of Funded Projects
Fiscal Year 2016 No Information Available.
Fiscal Year 2017 No Information Available.
Fiscal Year 2018 No Information Available.
Fiscal Year 2023 Funds provide tribes with resources to obtain the objectives of this program.


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