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B-114868 1 (1975-05-30)

handle is hein.gao/gaobadcji0001 and id is 1 raw text is: 0%,LERa co THE COMPTROL BR GENERAL DECISION . OF THE UNITED STATES WASHINGTON. D.C. 2054B FILE: DATE: ?Y 0 1975 B-114868 . MATTER OF: Expenditures for the legal expenses of Indian tribes DIGEST: Snyder Act, 25 U.S.C. 5 13, provides discretionary authority for Secretary of the Interior to pay for attorney's compen- sation and expenses incurred by Indian tribes from appro- priations for purposes of improving and protecting resources under jurisdiction of Bureau of Indian Affairs, if Indians have insufficient funds to obtain such services. This decision to the Secretary of the Interior is in response to a request of the Solicitor, Department of the Interior, by letter dated November 27, 1974 (together with enclosures), for our decision regard- ing authorization for expenditures to pay for attorney's fees incurred by Indian tribes. The Solicitor cited the Secretary of the Interior's decision of June 4, 1974, regarding a Northern Cheyenne Tribe petition as one -itteticn raizing the quesLiun of authority to pay for trioal legal expenses. In that decision the Secretary granted part of a petition . by the Tribe to withdraw departmental approval of leases and permits to stripmine coal on the Iorthern Cheyenne Reservation, denied part of the petition, referred some questions to an administrative hearing and held others in abeyance. The Secretary stated in the decision . that he would support the tribe in.a lawsuit against the coal com- panies or a request that the Justice Department under 25 U.S.C. 5 17T (1970) bring a suit in the name of the Tribe to test the validity of the permits and leases. Because of extraordinary circumstances, including the substantial sums of money expended in presenting the petition, the Secretary stated that: * * * to the fullest extent permitted by my statutory authority, I will defray the expenses to be subsequently borne by the Tribe for attorney's fees and other costs in the administrative proceeding I have directei. to take place and in any litigation it now wishes to commence against the companies. There is mentioned in the enclosure with the Solicitor's letter the case of Pyra-rid Lake Painte Tribe of Indians v. Morton, 499 F.2d 1095 (D.C. Cir. 1574). The United States Court of A:.peals for the District of Columbia reversed a district court decision (360 F. Supp. 669 (D.D.C. 1973)) awarding attorney's fees and expenses to an Indian

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