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.
To
establish or defend Indian property or treaty rights through judicial,
administrative, or settlement actions.
TYPES
OF ASSISTANCE:
Direct Payments for Specified Use. Place Cursor Here for Definition
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.
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.
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.
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, or may appeal the denial of the application
to the Interior Board of Indian Appeals, or may bring suit in
U.S. District Court. Full appeal procedures are found in 25 CFR,
Part 900.
Renewals:
Applications must be submitted each year.
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
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.
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.
Audits:
For awards made 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.).
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.
FINANCIAL
INFORMATION:
Account
Identification: 14-2100-0-1-452.
Obligations:
(Total Amount of Awards) FY 01 $1,487,250; FY 02 est $1,487,250;
and FY 03 est $1,487,250.
Range
and Average of Financial Assistance:
$2,000 to $220,000; Average: $76,000.
Approximately 30 funding requests are received on an annual basis;
between 20 and 25 are funded each year.
REGULATIONS,
GUIDELINES, AND LITERATURE:
None.
INFORMATION
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. Telephone: (202) 208-7216.
Web
Site Address: http://www.doi.gov/bia/otrhome.htm http://doi.gov/bureau-indian-affairs.html
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.
