Attorney Fees Indian Rights

Active

Assistance listing
15.053
Agency
Grant awards
2 $31,388 in federal obligations

Program facts

Assistance type
  • Block Grant
Treasury account
  • 14-2100-0-1-452
More information

Program details come from SAM.gov Assistance Listings. Updated . Grant award figures come from USAspending.gov.

About this program

The Department of the Interior Bureau of Indian Affairs and Indian Education funds private attorney fees for federally recognized Indian tribes pursuing litigation, negotiations, or administrative proceedings that protect tribal trust resources or tribal rights under CFDA 15.053, with the most recent grant award dated May 22, 2008.

The program funds legal fees—not expenses—for private counsel retained by tribes in situations where the United States cannot provide representation under 25 U.S.C. 175. Eligible cases must first be declined by the Department of Justice and the Department of the Interior Office of the Solicitor before submission to the Attorney Fee Review Committee for recommendation to the Assistant Secretary. Approved funding is capped at $200 per hour. Applicants must submit a tribal resolution, legal counsel contracts, comprehensive financial documentation demonstrating inability to cover costs, a Regional Solicitor's opinion, attorney bar membership certification, and a Regional Director endorsement.

Grant awards are structured as Block Grants. The portfolio shows only two grant awards on record: one for $31 thousand obligated in August 2007 and one for $31 thousand obligated in May 2008, both from the Bureau of Indian Affairs and Indian Education. No grant awards have been disbursed in the past eighteen years. The combined federal dollars obligated across the program total $31 thousand.

A new application is required each year, and the program commits to processing requests within 90 days. Technical assistance in preparing applications is available upon request, and an informal preapplication conference is recommended. An unsuccessful applicant may request an informal conference with the deciding official. The source contains no information about grant opportunities currently open or recently posted.

Objective and description

Objective

Attorney Fee funds are for legal fees (not expenses) of private legal counsel to be retained by the tribes to represent litigation, negotiations, or administrative proceedings that involve the protection of tribal trust resources or tribal rights. Th

Description

Attorney Fee funds are for legal fees (not expenses) of private legal counsel to be retained by the tribes to represent litigation, negotiations, or administrative proceedings that involve the protection of tribal trust resources or tribal rights. 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. Approved funding for this program has been set at a rate not to exceed $200.00 per hour.

Eligibility

Applicant eligibility

Federally Recognized Indian Tribal Governments.

Beneficiary eligibility

Federally Recognized Indian Tribes and their members.

Uses of assistance

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.

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.

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.

How to apply

Preapplication coordination

Informal preapplication conference is recommended. Technical assistance in preparing the application is available upon request.

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.

Award procedure

SAM.gov just limitted to 2000 character the following is what was posted in SAM.gov Attorney Fee funds may be used only for legal fees (not expenses) of private legal counsel retained by tribes to represent them in litigation, negotiations, or administrative proceedings involving the protection of tribal trust resources or tribal rights. Although the Department of the Interior generally does not use federally appropriated funds to pay for private counsel representing Indian tribes, 25 CFR 89.40 provides limited exceptions. To qualify, a request must fully satisfy at least one exception listed in 25 CFR 89.41, identify the applicable exception(s), and explain how each is met. Approved funding is limited to a maximum rate of $200 per hour. Each request must include: 1. Historical background and other relevant information leading to the current matter. 2. A concise description of the issue and scope of work for which attorney fee funding is requested, including anticipated court dates, negotiation timelines, litigation schedules, or other relevant timeframes. 3. A detailed cost breakdown, including services to be provided, estimated attorney hours, hourly rates, and total costs. Requests must also include a tribal resolution, copies of legal counsel contracts, and a current comprehensive financial income statement demonstrating whether the tribe can pay all or part of the legal costs. 4. A Regional Solicitor's opinion regarding the tribe's request. 5. A certificate or statement from the attorney's bar association confirming the attorney is a member in good standing. 6. A memorandum from the Regional Director endorsing the tribe's request for Attorney Fees/Litigation Support funding. Agency and regional office program staff must review each request and provide recommendations and supporting information to assist the Attorney Fee Review Committee in determining an appropriate funding amount.

Time to approval or disapproval

Applications will be processed within 90 days.

Renewals

A new application is required each year.

Appeals

An unsuccessful applicant may request an informal conference with the deciding official.

Grant awards

Award Recipient Federal obligations Awarded
Land titles and records program A08AV00192 — $31,388
Attorney fees_indian rights A07AV00084 Houlton Band Of Maliseet Indians $0

Federal obligations by fiscal year

Fiscal year Federal obligations
FY2015 $132,010

Quick answers

What is Assistance Listing 15.053?

Assistance Listing 15.053 is Attorney Fees Indian Rights, a federal grant program run by Bureau of Indian Affairs and Indian Education (Department of the Interior).

What is the CFDA number for Attorney Fees Indian Rights?

Its CFDA number is 15.053: Assistance Listing numbers were called CFDA numbers before 2018.

How much funding has Assistance Listing 15.053 awarded?

2 grant awards under 15.053 have obligated $31,388 in federal funds to 2 recipients.

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