Page:United States Statutes at Large Volume 85.djvu/741

 85 STAT. ]

PUBLIC LAW 92-203-DEC. 18, 1971

(b) A claim for attorney and consultant fees and out-of-pocket ciaims. expenses may be submitted to the Chief Commissioner of the United States Court of Claims for services rendered before the date of enactment of this Act to any Native tribe, band, group, village, or association in connection with: (1) the preparation of this Act 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 Act. (c) A claim under this section must be filed with the clerk of the filing date. Court of Claims within one year from the date of enactment of this Act, 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) The Chief Commissioner or his delegate is authorized to receive, Rules. 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 attorneyclient 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.

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