Goverment Grants to Native Americans
Uploaded by lanester901 on Oct 26, 2011
The question under consideration is “describe how the judicial power of the United States could become involved in the process.”
There doesn’t appear to be a direct relationship between the grant application process and the judicial system; that is, it’s probably not necessary for Mr. Eaglefly to submit his application through an attorney, or to involve the courts in any way at the initial application stage of the proceedings. (But remember, the BIA website grants page is unavailable due to litigation, and it’s impossible to check the guidelines for submission.) But let’s assume that it’s not necessary; that Mr. Eaglefly and the other tribal elders have written up their request in proper format, attached whatever documentation is needed, plus whatever application fee is requested, and sent it to the Department of Interior or the BIA, whichever is appropriate.
Mr. Lackluster of the DOI has just ambled over and handed Mr. Eaglefly his money, on behalf of the BIA. Everything seems smooth so far. Why and how would judicial power become involved?
I think the most likely involvement would occur if the tribe tried to use the grant money for a purpose other than that for which it was awarded. Grant funds are restricted; they are supplied for a specific purpose and must be used for that purpose. That is, if Mr. Eaglefly applied for a grant to improve a road on the reservation, or dig a well, or add rooms to a schoolhouse, he cannot use the funds to open a casino.
In one case, HUD versus Joel Thompson, who was chief of the Cherokee nation, “The jury also was told that from June 1993 until March 1998, Thompson converted $8,190 in housing authority funds to his own use by remaining on the tribal payroll and expense account while serving as a consultant and teaching workshops for a nontribal entity.” (Martindale, PG).
This is certain one type of situation in which the judicial power of the US could become involved in grants to any of the tribes.
Reference: Martindale, Rob. “Misuse of Tribal Money Alleged.” Tulsa World, 7 Oct 1998: 11. Retrieved 21 May 2003 from ProQuest, San Diego Public Library, San Diego, CA: http://proquest.umi.com/pqdweb?Did=000000034985768&Fmt=3&Deli=1&Mtd=1&Idx=8&Sid=1&RQT=309