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Catalog of Federal Domestic Assistance

Program Descriptions

15.053:  Attorney Fees: Indian Rights

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

PROGRAM AND AWARD	FINANCIAL AND INFORMATION CONTACTS
ELIGIBILITY REQUIREMENTS	FINANCIAL AND ADMINISTRATIVE INFO.
APPLICATION AND AWARD PROCESS	INFORMATION CONTACTS
RELATED PROGRAMS	ASSISTANCE CONSIDERATIONS
PROGRAM ACCOMPLISHMENTS	POST ASSISTANCE REQUIREMENTS

15.053 ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:  Federally Recognized Indian Tribal Governments.

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.

15.053 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 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.

Deadlines:  Applications may be submitted at any time.

Range of Approval/Disapproval Time:  Applications will be processed within 90 days.

Appeals:  An unsuccessful applicant may request an informal conference with the deciding official or may appeal the denial of the application directly to the Interior Board of Indian Appeals, or may bring suit in U.S. District Court.

Renewals:  New application required each year.

Criteria for Selecting Proposals:  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.

Examples of Funded Projects:  Cases funded from this program may involve environmental damage claims; water rights negotiation/litigation; boundary disputes; treaty hunting, fishing, and gathering rights; the 1934 Native Allotment Act; and off-reservation rights.

Range and Average of Financial Assistance:  $20,000 to $237,000; $60,000.

15.053 RELATED PROGRAMS:

• 15.052 Litigation Support for Indian Rights.

15.053 PROGRAM ACCOMPLISHMENTS:

15.053 FINANCIAL AND ADMINISTRATIVE INFO:

Federal Agency:  BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

Type of Assistance:  Direct Payments for Specified Use.

Obligations:  (Total Amount of Awards) FY 99 $568,000; FY 00 est $1,100,000; and FY 01 est $1,100,000.

Budget Account Number:  14-2100-0-1-452.

Authorization:  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.

Regulations, Guidelines, and Literature:  25 CFR 89.

15.053 INFO 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. Phone (202) 208-7216. Contact: Glenda Brokeshoulder.

(See Appendix IV for more contact info.)

15.053 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 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.

Uses and Use Restrictions:  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.

15.053 POST ASSISTANCE REQUIREMENTS:

Reports:  None.

Audits:  For awards made to Tribes 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.). For payments made directly by the Bureau of Indian Affairs to attorneys on behalf of a Tribe, no audit is required.

Records:  Financial records must be retained by Tribes 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. Records maintained by the attorneys are subject to provisions of the contract with the Tribe.