43 U.S.C. § 1619 — Attorney and consultant fees

Page 476 TITLE 43—PUBLIC LANDS § 1619 Statutory Notes and Related Subsidiaries GRANTS TO VILLAGE CORPORATIONS FOR PLANNING, DEVELOPMENT AND OTHER PURPOSES Pub. L. 94–204, § 14, Jan. 2, 1976, 89 Stat. 1154, provided that: ‘‘(a) The Secretary shall pay, by grant, $250,000 to each of the corporations established pursuant to sec- tion 14(h)(3) of the Settlement Act [section 1613(h)(3) of this title]. ‘‘(b) The Secretary shall pay, by grant, $100,000 to each of the following Village Corporations: ‘‘(1) Arctic Village; ‘‘(2) Elim; ‘‘(3) Gambell; ‘‘(4) Savoonga; ‘‘(5) Tetlin; and ‘‘(6) Venetie. ‘‘(c) Funds authorized under this section may be used only for planning, development, and other purposes for which the corporations set forth in subsections (a) and (b) are organized under the Settlement Act [this chap- ter]. ‘‘(d) There is authorized to be appropriated to the Secretary for the purpose of this section a sum of $1,600,000 in fiscal year 1976.’’ § 1619. Attorney and consultant fees (a) Holding moneys in Fund for authorized pay- ments 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, vil- lage, or association in connection with: (1) the preparation of this chapter and pre- viously proposed Federal legislation to settle Native claims based on aboriginal title, and (2) the actual prosecution pursuant to an au- thorized 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; informa- tion 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 settle- ment of claims The Chief Commissioner or his delegate is au- thorized 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 rela- tionship with an identified client, and the rela- tionship of the service rendered to the enact- ment of proposed legislation. The amount al- lowed shall not be controlled by any hourly charge customarily charged by the claimant. (3) The amount allowed for out-of-pocket ex- penses 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 ap- proved claims exceed the aggregate amounts al- lowable, 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 ex- penses 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 inter- est in the claim, and shall give such persons ninety days within which to file an answer con- testing 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 author- ized and directed to require the application of the pertinent rules of practice of the Court of Claims insofar as feasible. Claimants may ap- pear before a trial commissioner in person or by attorney, and may produce evidence and exam- ine 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 sanc- tion authorized by the rules of practice of the Court of Claims, except contempt, may be im- posed 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, to- gether with the record in the case, to the review panel of commissioners for review by it pursu- ant to such rules as may be provided for the pur- pose, which shall include provision for submit- ting the decision of the trial commissioner to the claimant and any party contesting the claim for consideration, exception, and argument be- fore the panel. The panel, by majority vote, shall adopt or modify the findings or the conclu- sions of the trial commissioner. Page 477 TITLE 43—PUBLIC LANDS § 1620 1 So in original. Probably should be ‘‘subsections’’. (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 fil- ing, processing, hearing, and dispatch of claims made pursuant to this section and to include within its annual appropriations the costs there- of and other costs of administration, including (but without limitation to the items herein list- ed) 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 (includ- ing secretaries, reporters, auditors, and law clerks). (e) Report to Congress; payment of claims; inter- est 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 Sec- retary of the Treasury shall pay to such person from the Alaska Native Fund the amounts cer- tified. No award under this section shall bear in- terest. (f) Contract restriction; penalty (1) No remuneration on account of any serv- ices 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 ex- penses in addition to the amount paid in accord- ance with this section, and any contract or agreement to the contrary shall be void. (2) Any person who receives, and any corpora- tion 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 mis- demeanor 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, rea- sonableness, pro rata reductions; report to Congress; payment of claims; interest restric- tion A claim for actual costs incurred in filing pro- tests, 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 Com- missioner 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 1 (b) through (e). If approved claims under this sub- section 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. (Pub. L. 92–203, § 20, Dec. 18, 1971, 85 Stat. 710.) Editorial Notes REFERENCES IN TEXT The United States Court of Claims, referred to in sub- secs. (b), (c), (d)(5), (7), (8), (10), and (g), and the United States Court of Customs and Patent Appeals were merged effective Oct. 1, 1982, into a new United States Court of Appeals for the Federal Circuit by Pub. L. 97–164, Apr. 2, 1982, 96 Stat. 25, which also created a United States Claims Court [now United States Court of Federal Claims] that inherited the trial jurisdiction of the Court of Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary and Judi- cial Procedure. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Chief Commissioner’’ and ‘‘trial commissioner’’ of the Court of Claims redesignated ‘‘chief of the trial di- vision’’ and ‘‘trial judge’’, respectively, by General Order No. 2 of 1973 of United States Court of Claims, issued August 1, 1973. Redesignation applicable in all proceedings other than Congressional references cases. § 1620. Taxation (a) Fund revenues exemption; investment income taxable Revenues originating from the Alaska Native Fund shall not be subject to any form of Fed- eral, State, or local taxation at the time of re- ceipt by a Regional Corporation, Village Cor- poration, or individual Native through dividend distributions (even if the Regional Corporation or Village Corporation distributing the dividend has not segregated revenue received from the Alaska Native Fund from revenue received from other sources) or in any other manner. This ex- emption shall not apply to income from the in- vestment of such revenues. (b) Shares of stock exemption The receipt of shares of stock in the Regional or Village Corporations by or on behalf of any Native shall not be subject to any form of Fed- eral, State or local taxation. (c) Land or land interests exemption; basis for sale or other disposition, adjustment; basis for interest in mine, well, other natural de- posit, or block of timber, adjustment The receipt of land or any interest therein pursuant to this chapter or of cash in order to equalize the values of properties exchanged pur- suant to section 1621(f) of this title shall not be subject to any form of Federal, State, or local taxation. The basis for determining gain or loss from the sale or other disposition of such land or interest in land for purposes of any Federal, State, or local tax imposed on or measured by income shall be the fair value of such land or in- terest in land at the time of receipt, adjusted as provided in section 1016 of title 26, as amended: Provided, however, That the basis of any such land or interest therein attributable to an inter-