Litigation Support for Indian Rights

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




Related Programs

Examples of Funded Projects

Fiscal Year 2016: No Information Available.

Fiscal Year 2017: No Information Available.

Fiscal Year 2018: No Information Available.


Agency - Department of the Interior

The Department of the Interior protects and provides access to the Nation's natural and cultural heritage, including responsibilities to Indian tribes and island communities. Departmental goals include resource protection and usage, overseeing recreational opportunities, serving communities and excellence in management.

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.



Program Accomplishments

Not Applicable.

Uses and Use Restrictions

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.

Eligibility Requirements

Applicant Eligibility

Federally Recognized Indian Tribal Governments and Native American Organizations authorized by these Tribes.

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. 2 CFR 200, Subpart E - Cost Principles applies to this program.

Aplication and Award Process

Preapplication Coordination

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.

Application Procedures

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 Procedures

Awards are approved at the Headquarters level.

Deadlines

Not Applicable.

Authorization

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.

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.

Renewals

Applications must be submitted each year.

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.

Post Assistance Requirements

Reports

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.

Audits

In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503.

Records

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.

Financial Information

Account Identification

14-2100-0-1-452.

Obigations

(Direct Payments for Specified Use) FY 16 Not Separately Identifiable; FY 17 Not Separately Identifiable; and FY 18 Not Separately Identifiable

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.

Information Contacts

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.

Headquarters Office

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.

Criteria for Selecting Proposals

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.



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