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U.S. Code as of:
01/19/04
Section 1619. Attorney and consultant fees
(a) Holding moneys in Fund for authorized payments
The Secretary of the Treasury shall hold in the Alaska Native
Fund, from the appropriation made pursuant to section 1605 of this
title for the second fiscal year, moneys sufficient to make the
payments authorized by this section.
(b) Claims; submission
A claim for attorney and consultant fees and out-of-pocket
expenses may be submitted to the Chief Commissioner of the United
States Court of Claims for services rendered before December 18,
1971, to any Native tribe, band, group, village, or association in
connection with:
(1) the preparation of this chapter and previously proposed
Federal legislation to settle Native claims based on aboriginal
title, and
(2) the actual prosecution pursuant to an authorized contract
or a cause of action based upon a claim pending before any
Federal or State Court or the Indians Claims Commission that is
dismissed pursuant to this chapter.
(c) Final date for filing of claims; form; information
A claim under this section must be filed with the clerk of the
Court of Claims within one year from December 18, 1971, and shall
be in such form and contain such information as the Chief
Commissioner shall prescribe. Claims not so filed shall be forever
barred.
(d) Rules for receipt, determination, and settlement of claims
The Chief Commissioner or his delegate is authorized to receive,
determine, and settle such claims in accordance with the following
rules:
(1) No claim shall be allowed if the claimant has otherwise been
reimbursed.
(2) The amount allowed for services shall be based on the nature
of the service rendered, the time and labor required, the need for
providing the service, whether the service was intended to be a
voluntary public service or compensable, the existence of a bona
fide attorney-client relationship with an identified client, and
the relationship of the service rendered to the enactment of
proposed legislation. The amount allowed shall not be controlled by
any hourly charge customarily charged by the claimant.
(3) The amount allowed for out-of-pocket expenses shall not
include office overhead, and shall be limited to expenses that were
necessary, reasonable, unreimbursed and actually incurred.
(4) The amounts allowed for services rendered shall not exceed in
the aggregate $2,000,000, of which not more than $100,000 shall be
available for the payment of consultants' fees. If the approved
claims exceed the aggregate amounts allowable, the Chief
Commissioner shall authorize payment of the claims on a pro rata
basis.
(5) Upon the filing of a claim, the clerk of the Court of Claims
shall forward a copy of such claims to the individuals or entities
on whose behalf services were rendered or fees and expenses were
allegedly incurred, as shown by the pleadings, to the Attorney
General of the United States, to the Attorney General of the State
of Alaska, to the Secretary of the Interior, and to any other
person who appears to have an interest in the claim, and shall give
such persons ninety days within which to file an answer contesting
the claim.
(6) The Chief Commissioner may designate a trial commissioner for
any claim made under this section and a panel of three
commissioners of the court to serve as a reviewing body. One member
of the review panel shall be designated as presiding commissioner
of the panel.
(7) Proceedings in all claims shall be pursuant to rules and
orders prescribed for the purpose by the Chief Commissioner who is
hereby authorized and directed to require the application of the
pertinent rules of practice of the Court of Claims insofar as
feasible. Claimants may appear before a trial commissioner in
person or by attorney, and may produce evidence and examine
witnesses. In the discretion of the Chief Commissioner or his
designate, hearings may be held in the localities where the
claimants reside if convenience so demands.
(8) Each trial commissioner and each review panel shall have
authority to do and perform any acts which may be necessary or
proper for the efficient performance of their duties, and shall
have the power of subpena, the power to order audit of books and
records, and the power to administer oaths and affirmations. Any
sanction authorized by the rules of practice of the Court of
Claims, except contempt, may be imposed on any claimant, witness,
or attorney by the trial commissioner, review panel, or Chief
Commissioner. None of the rules, regulations, rulings, findings, or
conclusions authorized by this section shall be subject to judicial
review.
(9) The findings and conclusions of the trial commissioner shall
be submitted by him, together with the record in the case, to the
review panel of commissioners for review by it pursuant to such
rules as may be provided for the purpose, which shall include
provision for submitting the decision of the trial commissioner to
the claimant and any party contesting the claim for consideration,
exception, and argument before the panel. The panel, by majority
vote, shall adopt or modify the findings or the conclusions of the
trial commissioner.
(10) The Court of Claims is hereby authorized and directed, under
such conditions as it may prescribe, to provide the facilities and
services of the office of the clerk of the court for the filing,
processing, hearing, and dispatch of claims made pursuant to this
section and to include within its annual appropriations the costs
thereof and other costs of administration, including (but without
limitation to the items herein listed) the salaries and traveling
expenses of its auditors and the commissioners serving as trial
commissioners and panel members, mailing and service of process,
necessary physical facilities, equipment, and supplies, and
personnel (including secretaries, reporters, auditors, and law
clerks).
(e) Report to Congress; payment of claims; interest restriction
The Chief Commissioner shall certify to the Secretary of the
Treasury, and report to the Congress, the amount of each claim
allowed and the name and address of the claimant. The Secretary of
the Treasury shall pay to such person from the Alaska Native Fund
the amounts certified. No award under this section shall bear
interest.
(f) Contract restriction; penalty
(1) No remuneration on account of any services or expenses for
which a claim is made or could be made pursuant to this section
shall be received by any person for such services and expenses in
addition to the amount paid in accordance with this section, and
any contract or agreement to the contrary shall be void.
(2) Any person who receives, and any corporation or association
official who pays, on account of such services and expenses, any
remuneration in addition to the amount allowed in accordance with
this section shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than $5,000, or imprisoned not
more than twelve months, or both.
(g) Claims for costs in performance of certain services:
submission, form, information, reasonableness, pro rata
reductions; report to Congress; payment of claims; interest
restriction
A claim for actual costs incurred in filing protests, preserving
land claims, advancing land claims settlement legislation, and
presenting testimony to the Congress on proposed Native land claims
may be submitted to the Chief Commissioner of the Court of Claims
by any bona fide association of Natives. The claim must be
submitted within six months from December 18, 1971, and shall be in
such form and contain such information as the Chief Commissioner
shall prescribe. The Chief Commissioner shall allow such amounts as
he determines are reasonable, but he shall allow no amount for
attorney and consultant fees and expenses which shall be
compensable solely under subsection (b) through (e) of this
section. If approved claims under this subsection aggregate more
than $600,000, each claim shall be reduced on a pro rata basis. The
Chief Commissioner shall certify to the Secretary of the Treasury,
and report to the Congress, the amount of each claim allowed and
the name and address of the claimant. The Secretary of the Treasury
shall pay to such claimant from the Alaska Native Fund the amount
certified. No award under this subsection shall bear interest.
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