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B-114868 1 (1976-12-06)

handle is hein.gao/gaobaddxi0001 and id is 1 raw text is: George Kielman r THE COMPTROLLUN SENENAL. DECISION . .op TH UNITED STATES VJAUMINUTON, D. C. EM4U I kill0 FILE: 3-114868 DATE: December 6, 1976 MATTER OF: Expenditures for legal expenses of Indian Tribes 1. Snyder Act, 25 U.S.C. § 13, provides discretionary authority for Secretary of the Interior to uje appropriated funds to pay for attorneys fees and related expenses incurred by Indian tribes in administ:ative proceedings or judicial litigation, for purpose of improving and protecting resources undex jurisdiction of Bureau of Indian Affairs. Attorneys fees and expenses inturred in judicial litigation may only be paid wriere representation by Department of Justice is refused or otherwise unavailable, including situatioa where separate representation is mandated by Court. 2. Attoineys fees and related litigation expenses incurred by Northern Pueblo Tributary Watar Rights Association, prior to decision by Court of Appeals that private attorneys may intervene in suit in which U.S. Distiict Court denied intervention may be paid from appropiiations of Department of the Interior because Department of Justice conceded before Court of Appeals that its representation would constitute conflict of interest, and allowed private attorne's to cooperate in preparation and presentation of Northern Pueblo position despite failure of Court to permit intervention. 3. Secretary of Interior is not obligated to pay for attorneys fees and related expenses incurred by Indian tribes, but may within his broad discretion to make expenditures he deems necessary for pro- tection of Indian resources, make such paymants on basis of factors he concludes should be con- sidered, including relative impecuniousness of tribe. Determinationn, however, should be made on uniform basis. B-114868, May 30, 1975, modified. .1 .0 I IN I 4 C) 0: DIGEST: *2~ I- -~ k

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