[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR89.24]

[Page 280]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 89--ATTORNEY CONTRACTS WITH INDIAN TRIBES--Table of Contents
 
Sec. 89.24  Fees and expenses.

    Under rulings of the Comptroller General and section 27 of the act 
of May 18, 1916 (39 Stat. 158; 25 U.S.C. 123), tribal funds held in the 
United States Treasury may not be used for payment of attorney fees and 
expenses, in the absence of express authorization by Congress. Unless 
congressional authority has been obtained for the use of tribal funds, 
the payment of attorney fees and expenses shall be contingent upon a 
recovery by the Indians in the matters or claims covered in the 
contract. In case congressional authority has been obtained for the use 
of tribal funds for attorney fees and expenses, the provisions of the 
contract concerning the payment of such fees and expenses should 
strictly conform to the provisions of the act authorizing the use of the 
funds.

[22 FR 10539, Dec. 24, 1957. Redesignated at 47 FR 13327, Mar. 30, 1982]