Alaskan Indian Allotments And Subsistence Preference-Alaska National Interest Lands Conservation Act
BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
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, 108 Stat. 4164; Indian Lands Open Dump Cleanup Act of 1994; Indian Self-Determination and Education Assistance Act, Public Law 93-638, as amended, 25 U.S.C. 450.
To fulfill the directives prescribed in the Alaska National Interest Lands Conservation Act (ANILCA) which affect Alaska Natives and their allotments. The Bureau of Indian Affairs is responsible for assisting Alaska Native applicants acquire title to lands they occupy. Under the subsistence portion of the program, activities seek to establish that Alaska Native groups have traditionally and customarily used a particular resource for subsistence.
Types of Assistance
Direct Payments for Specified Use.
Uses and Use Restrictions
This program provides for the coordination and consultation with land managing agencies and the State of Alaska on subsistence preference for Alaska Natives and administration of programs affecting native allotments under the 1906 Native Allotment Act.
Federally Recognized Indian Tribal Governments in Alaska, Native American Organizations authorized by the Tribes, and individual Alaska Natives.
Federally Recognized Alaskan Indian Tribal Governments and their members.
Initial application must be accompanied by a resolution of the governing body of the Indian tribe.
Application and Award Process
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.
Initial applications must contain the information specified in 25 CFR, Part 900, Subpart C, "Contract Proposal Contents." Completed applications should be submitted to the Juneau Area Office of the Bureau of Indian Affairs listed in Appendix IV of the Catalog.
The application will be forwarded to the Juneau Area Director for approval.
Range of Approval/Disapproval Time
Applications will be processed within 90 days.
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. Full appeal procedures are found in 25 CFR Part 900.
Formula and Matching Requirements
Length and Time Phasing of Assistance
Awards are made on an annual basis and the funds remain available until expended by the contractor/grantee. Payments may be made in advance or by way of reimbursement. The timing of payments will be negotiated with the grantee.
Post Assistance Requirements
Financial status reports, SF 269A, are required. The timing and nature of program accomplishment data will be negotiated with the contractor/grantee.
For awards made under this Program, grantees/contractors are responsible for obtaining audits. All nonfederal entities that expend $500,000 or more of Federal awards in a year ($300,000 for fiscal year ending on or before December 30, 2003) are required to obtain an annual audit in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 et. seq.) and OMB Circular A- 133. Non-Federal entities that expend less than $500,000 (for fiscal years ending after December 1, 2003) a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in OMB Circular A-133.
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.
FY 07 $136,000; FY 08 est not available; and FY 09 est not available.
Range and Average of Financial Assistance
$12,000 to $221,000 for the Native allotment awards; $15,000 to $40,000 for subsistence preference awards.
For Native allotments, more than 9,000 parcels have been finalized and approximately 2,800 more have been approved and are awaiting final action. Separate awards are made for the subsistence preference portion of the program.
Regulations, Guidelines and Literature
43 CFR 2561; 25 CFR 271.31 to 271.34.
Regional or Local Office
Applications may be filed with the Juneau Area Office of the Bureau of Indian Affairs as listed in Appendix IV of the Catalog.
Office of Trust Services, Bureau of Indian Affairs, 1849 C Street N.W., MS- 4620 MIB, Washington, DC 20240. Contact: Vicki Forrest. Telephone: (202) 208-5831.
Web Site Address
15.040, Real Estate Programs-INDIAN Lands
15.036, Indian Rights Protection
Examples of Funded Projects
For the Native allotment program, tribal realty offices assist Alaska Native applicants in acquiring title to lands they occupy. For the subsistence preference program, projects are awarded to study past subsistence uses and conduct population studies on subsistence resources.
Criteria for Selecting Proposals
If a tribe has allotment cases pending and operates a realty office, they will be allotted a portion of the funds available based on the number of pending cases. Proposals for funding of subsistence preference projects are evaluated on the basis of the degree to which the work addresses subsistence issues and the potential for affecting the largest number of Alaska Natives.