Litigation Support for Indian Rights

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Program Funding

Annual program obligations reported to SAM.gov.

Latest annual funding (estimated)

$290K FY2025

$135K

FY18

$208K

FY19

$418K

FY20

$1.8M

FY21

$1.1M

FY23

$290K

FY24

$290K

FY25*

* estimated

Funded Projects

Examples of what this program has supported.

FY2024 Funded tribes involved in litigation, negotiation or administrative proceedings to protect tribal trust resources or tribal rights (except for tribal water rights) to cover costs associated with developing evidence, for research services, or to procure the services of expert witnesses to support the tribe’s position. Approved funding for this program has been set at a rate not to exceed $200.00 per hour.

FY2025 Funded tribes involved in litigation, negotiation or administrative proceedings to protect tribal trust resources or tribal rights (except for tribal water rights) to cover costs associated with developing evidence, for research services, or to procure the services of expert witnesses to support the tribe’s position. Approved funding for this program has been set at a rate not to exceed $200.00 per hour.

FY2026 Funded tribes involved in litigation, negotiation or administrative proceedings to protect tribal trust resources or tribal rights (except for tribal water rights) to cover costs associated with developing evidence, for research services, or to procure the services of expert witnesses to support the tribe’s position. Approved funding for this program has been set at a rate not to exceed $200.00 per hour.

Program Objective

To establish or defend Indian property or treaty rights through judicial, administrative, or settlement actions.

Eligibility

Eligible Applicants

Federally recognized tribes
Native American organizations

Federally Recognized Indian Tribal Governments and Native American Organizations authorized by these Tribes.

Beneficiaries

Federally Recognized Indian Tribes and their members.

How to Apply

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.

Applications will be processed within 90 days.

Program details & compliance

Use of Funds

Allowed Uses

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.

Required Documentation

Initial application must be accompanied by a resolution of the governing body of the Indian tribe.

Reporting & Compliance

Applicable 2 CFR 200 Subparts

Subpart B — General Provisions
Subpart C — Pre-Federal Award Requirements
Subpart D — Post-Federal Award Requirements
Subpart E — Cost Principles
Subpart F — Audit Requirements