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U.S. Code as of:
01/19/04
Section 640d-27. Attorney fees, costs and expenses for litigation or court action
(a) Payment by Secretary; authorization of appropriations
In any litigation or court action between or among the Hopi
Tribe, the Navajo Tribe and the United States or any of its
officials, departments, agencies, or instrumentalities, arising out
of the interpretation or implementation of this subchapter, as
amended, the Secretary shall pay, subject to the availability of
appropriations, attorney's fees, costs and expenses as determined
by the Secretary to be reasonable. For each tribe, there is hereby
authorized to be appropriated not to exceed $120,000 in fiscal year
1981, $130,000 in fiscal year 1982, $140,000 in fiscal year 1983,
$150,000 in fiscal year 1984, and $160,000 in fiscal year 1985, and
each succeeding year thereafter until such litigation or court
action is finally completed.
(b) Award by court; reimbursement to Secretary
Upon the entry of a final judgment in any such litigation or
court action, the court shall award reasonable attorney's fees,
costs and expenses to the party, other than the United States or
its officials, departments, agencies, or instrumentalities, which
prevails or substantially prevails, where it finds that any
opposing party has unreasonably initiated or contested such
litigation. Any party to whom such an award has been made shall
reimburse the United States out of such award to the extent that it
has received payments pursuant to subsection (a) of this section.
(c) Excess difference between award of court and award of Secretary
treated as final judgment of Court of Claims
To the extent that any award made to a party against the United
States pursuant to subsection (b) of this section exceeds the
amount paid to such party by the United States pursuant to
subsection (a) of this section, such difference shall be treated as
if it were a final judgment of the Court of Claims under section
2517 of title 28.
(d) Litigation or court actions applicable
This section shall apply to any litigation or court action
pending upon July 8, 1980, in which a final order, decree, judgment
has not been entered, but shall not apply to any action authorized
by section 640d-7 or 640d-17(a) of this title.
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