Content provided by the Catalog of Federal Domestic Assistance
15.052 Litigation Support for Indian Rights
BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
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.
To establish or defend Indian property or treaty rights through judicial, administrative, or settlement actions.
TYPES OF ASSISTANCE:
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.
Pre-application 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.
Formula and Matching Requirements: Not applicable.
POST ASSISTANCE REQUIREMENTS:
Reports: Financial status reports, SF 269A, are required. The timing and nature of program accomplishment data will be negotiated with the contractor/grantee.
Account Identification: 14-2100-0-1-452.
Approximately 30 funding requests are received on an annual basis; between 20 and 25 are funded each year.
REGULATIONS, GUIDELINES, AND LITERATURE:
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.
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.