‘ 4. Attorney’s fees. In an appeal under subsection 1 or 2, the court may award reasonable attorney’s fees and litigation expenses either to:
A. The substantially prevailing plaintiff who appealed the refusal under subsection 1 or the illegal action under subsection 2 if the court determines that the refusal or illegal action was committed in bad faith; or
B. The substantially prevailing defendant if the court determines that the appeal was brought in bad faith.
Attorney’s fees and litigation costs may not be awarded to or against a federally recognized Indian tribe.
This subsection applies to appeals under subsection 1 or 2 filed on or after January 1, 2010.’