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
Agency: Department of the Interior
Office: Bureau of Indian Affairs
Type(s) of Assistance Offered
DIRECT PAYMENTS FOR A SPECIFIED USE
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?
Federally Recognized Indian Tribal Governments and Native American Organizations authorized by these Tribes.
Federally Recognized Indian Tribes and their members.
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.
What is the process for applying and being award this assistance?
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.
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 BIA agency office listed in Appendix IV of the Catalog.
Awards are approved at the Headquarters level.
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. For more information contact the headquarters office.
What are the requirements after being awarded this opportunity?
The timing and nature of program accomplishment data will be negotiated with the contractor/grantee. Cash reports are not applicable. Progress reports are not applicable. The Federal Financial Report, SF 425 is required. Performance monitoring is not applicable.
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.
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
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/grantee for the purposes specified in the application. See the following for information on how assistance is awarded/released: 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
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.
Vicki Forrest, Office of Trust Services, Bureau of Indian Affairs, 1849 C Street N.W., MS-4620 MIB, Washington, District of Columbia 20240 Phone: (202) 208-5831.
(Direct Payments for Specified Use) FY 10 $975,725; FY 11 est $975,725; and FY 12 est $581,275
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
Examples of Funded Projects
Fiscal Year 2010: No Current Data Available. Fiscal Year 2011: No Current Data Available. Fiscal Year 2012: No Current Data Available.