Litigation Support for Indian Rights


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

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
Fiscal Year 2020 Indian Affairs successfully fulfilled program objectives by issuing a Self Determination award to an Indian Tribe.
Fiscal Year 2021 Indian Affairs issued 5 new awards and modifications to existing awards to 5 recipients.
Fiscal Year 2023 Awards 3 grants to entities to complete the goals and objectives of the program.
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.
Who is eligible to apply/benefit from this assistance?
Applicant Eligibility
Federally Recognized Indian Tribal Governments and Native American Organizations authorized by these Tribes.
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, 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.
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.
Applications must be submitted each year.
How are proposals selected?
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.
How may assistance be used?
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.
What are the requirements after being awarded this opportunity?
Not applicable.
Not applicable.
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.
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 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.
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$0.00; FY 23 est $150,307.00; FY 24 est $151,000.00; FY 21$1,840,000.00; FY 20$418,400.00; FY 19$208,466.00; FY 18$134,500.00; FY 16 FY 17 - Budget Fiscal Year 2024 estimate based on prior year appropriations and expenditures.
Range and Average of Financial Assistance
Funding range and average is not available. Approximately 30 funding requests are received on an annual basis; between 20 and 25 are funded each year.
Regulations, Guidelines and Literature
Not applicable.
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 Annual update


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