Attorney Fees_Indian Rights
Published on AidPage by IDILOGIC
on Jun 24, 2005
Purpose of this program:
To assist Federally Recognized Tribes in protecting their treaty rights and other rights established through Executive Order or court action.
Possible 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.
Who is eligible to apply...
Federally Recognized Indian Tribal Governments.
Initial application must be accompanied by a resolution of the governing body of the Indian tribe.
Note:This is a brief description of the credentials or documentation required prior to, or along with, an application for assistance.
About this section:
This section indicates who can apply to the Federal government for assistance and the criteria the potential applicant must satisfy.
For example, individuals may be eligible for research grants, and the criteria to be satisfied may be that they have a professional or scientific degree,
3 years of research experience, and be a citizen of the United States. Universities, medical schools, hospitals, or State and local governments may also be eligible.
Where State governments are eligible, the type of State agency will be indicated (State welfare agency or State agency on aging) and the criteria that they
Certain federal programs (e.g., the Pell Grant program which provides grants to students) involve intermediate levels of application processing, i.e., applications
are transmitted through colleges or universities that are neither the direct applicant nor the ultimate beneficiary. For these programs,
the criteria that the intermediaries must satisfy are also indicated, along with intermediaries who are not eligible.
How to apply...
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 Additional Contact Information - FMR Help.
Note: Each program will indicate whether applications are to be submitted to the Federal headquarters, regional or local office, or to a State or local government office.
Awards are approved at the Headquarters level.
Note: Grant payments may be made by a letter of credit, advance by Treasury check, or reimbursement by Treasury check.
Awards may be made by the headquarters office directly to the applicant, an agency field office, a regional office,
or by an authorized county office. The assistance may pass through the initial applicant for further distribution by
intermediate level applicants to groups or individuals in the private sector.
Deadlines and process...
When available, this section indicates the deadlines for applications to the funding agency which will
be stated in terms of the date(s) or between what dates the application should be received.
When not available, applicants should contact the funding agency for deadline information.
Range of Approval/Disapproval Time
Applications will be processed within 90 days.
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.
This section indicates whether any prior coordination or approval is required with governmental or nongovernmental units
prior to the submission of a formal application to the federal funding agency.
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.
In some cases, there are no provisions for appeal. Where applicable, this section discusses appeal procedures or allowable rework time for resubmission
of applications to be processed by the funding agency. Appeal procedures vary with individual programs and are either listed in this section or
applicants are referred to appeal procedures documented in the relevant Code of Federal Regulations (CFR).
New application required each year.
In some instances, renewal procedures may be the same as for the application procedure, e.g., for projects of a non-continuing nature renewals will be treated as new, competing applications; for projects of an ongoing nature, renewals may be given annually.
Who can benefit...
Federally Recognized Indian Tribes and their members.
About this section:
This section lists the ultimate beneficiaries of a program, the criteria they must satisfy and who specifically is not eligible. The applicant and beneficiary will generally be the same for programs that provide assistance directly from a Federal agency. However, financial assistance that passes through State or local governments will have different applicants and beneficiaries since the assistance is transmitted to private sector beneficiaries who are not obligated to request or apply for the assistance.
What types of assistance...
Direct Payments for Specified Use
Financial assistance from the Federal government provided directly to individuals, private firms, and other private institutions to encourage or subsidize a particular activity by conditioning the receipt of the assistance on a particular performance by the recipient. This does not include solicited contracts for the procurement of goods and services for the Federal government.
How much financial aid...
Range and Average of Financial Assistance
$20,000 to $237,000; $60,000.
This section lists the representative range (smallest to largest) of the amount of financial assistance available. These figures are based upon funds awarded in the past fiscal year and the current fiscal year to date. Also indicated is an approximate average amount of awards which were made in the past and current fiscal years.
(Total Amount of Awards) FY 03 $993,300; FY 04 est $992,000; and FY 05 est $992,000.
The dollar amounts listed in this section represent obligations for the past fiscal year (PY), estimates for the current fiscal year (CY), and estimates for the budget fiscal year (BY) as reported by the Federal agencies. Obligations for non-financial assistance programs indicate the administrative expenses involved in the operation of a program.
Note: This 11-digit budget account identification code represents the account which funds a particular program.
This code should be consistent with the code given for the program area as specified in Appendix III of the Budget of the United States Government.
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.
About this section
This section indicates the different types of projects which have been funded in the past. Only projects funded under Project Grants or Direct Payments for Specified Use should be listed here. The examples give potential applicants an idea of the types of projects that may be accepted for funding. The agency should list at least five examples of the most recently funded projects.
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.
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.
Formula and Matching Requirements
A formula may be based on population, per capita income, and other statistical factors. Applicants are informed whether there are any matching requirements to be met when participating in the cost of a project. In general, the matching share represents that portion of the project costs not borne by the Federal government. Attachment F of OMB Circular No. A-102 (Office of Management and Budget) sets forth the criteria and procedures for the evaluation of matching share requirements which may be cash or in-kind contributions made by State and local governments or other agencies, institutions, private organizations, or individuals to satisfy matching requirements of Federal grants or loans.
Cash contributions represent the grantees' cash outlay, including the outlay of money contributed to the grantee by other public agencies, institutions, private organizations, or individuals. When authorized by Federal regulation, Federal funds received from other grants may be considered as the grantees' cash contribution.
In-kind contributions represent the value of noncash contributions provided by the grantee, other public agencies and institutions, private organizations or individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantees' in-kind contribution.
Maintenance of effort (MOE) is a requirement contained in certain legislation, regulations, or administrative policies stating that a grantee must maintain a specified level of financial effort in a specific area in order to receive Federal grant funds, and that the Federal grant funds may be used only to supplement, not supplant, the level of grantee funds.
Post assistance requirements...
This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.
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.
This section discusses audits required by the Federal agency.
The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133.
These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year,
as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period,
rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).
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.
This section indicates the record retention requirements and the type of records the Federal agency may require.
Not included are the normally imposed requirements of the General Accounting Office.
For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C.
For other programs, record retention is governed by the funding agency's requirements.
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.
This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).
Regulations, Guidelines, And Literature
25 CFR 89.