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§ 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 previ- 

 ously 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 dis- 

 missed pursuant to this chapter. 



(c) Same; filing date; 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) Same; rules for receipt, determination, and 

 settlement. 



The Chief Commissioner or his delegate is author- 

 ized 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 relation- 

 ship with an identified client, and the relation- 

 ship 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 ex- 

 penses shall not include office overhead, and shall 

 be limited to expenses that were necessary, reason- 

 able, 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 

 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 entitles 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 com- 

 missioner, 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, ex- 

 ception, 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 pre- 

 scribe, 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 with- 

 out 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 Sec- 



