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| 15.052 LITIGATION SUPPORT FOR INDIAN RIGHTS |
| FEDERAL AGENCY |
| BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR |
| 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. |
| OBJECTIVES |
| To establish or defend Indian property or treaty rights through judicial, administrative, or settlement actions. |
| TYPES OF ASSISTANCE |
| Direct Payments for Specified Use. |
| 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. |
| 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. |
| 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, 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. |
| Deadlines |
| None. |
| 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. |
| Formula and Matching Requirements |
| None. |
| 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. |
| Reports |
| Financial status reports, SF 269A, are required. The timing and nature of program accomplishment data will be negotiated with the contractor/grantee. |
| Audits |
| For awards made under this Program, grantees/contractors are responsible for obtaining audits. All non-Federal entities that expend $500,000 or more of Federal awards in a year ($300,000 for fiscal year ending on or before December 30, 2003) are required to obtain an annual audit in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 et. seq.) and OMB Circular A-133 Compliance Supplement and Government Auditing Standards. Non-Federal entities that expend less than $500,000 (for fiscal years ending after December 1, 2003) a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in OMB Circular A-133. |
| Records |
| Financial records must be retained 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. |
| Account Identification |
| 14-2100-0-1-452. |
| Obligations |
| FY 07 est. $2,324,000; FY 08 est. $1,386,000; and FY 09 est. not available. |
| Range and Average of Financial Assistance |
| $20,000 to $320,000; $75,000. |
| PROGRAM ACCOMPLISHMENTS |
| Approximately 30 funding requests are received on an annual basis; between 20 and 25 are funded each year. |
| REGULATIONS, GUIDELINES, AND LITERATURE |
| None. |
| 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 Services, Bureau of Indian Affairs, 1849 C Street N.W., MS-4620 MIB, Washington, DC 20240. Telephone: (202) 208-5831. Robin Forrest. |
| Web Site Address |
| http://www.doi.gov/bia/otrhome.htm; http://doi.gov/bureau-indian-affairs.html |
| RELATED PROGRAMS |
| 15.053, Attorney Fees_Indian Rights. |
| EXAMPLES OF FUNDED PROJECTS |
| Types of projects funded include studies supporting litigation and negotiation, record searches, and information research activities. |
| 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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General Services Administration Office of Chief Acquisition Officer Regulatory and Federal Assistance Division (VIR) |
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