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Law
Contract cost shortfalls discouraging to tribes


The federal government's failure to pay all contract support costs discourages tribes from exercising self-determination, the legislative director for the National Indian Health Board says.

Traci McCallan says tribes can manage programs more efficiently than the government. But the lack of full funding forces tribes to tap their own resources or scale back services, she says. Tribes estimate they are being shortchanged at least $100 million.

Currently, the Bureau of Indian Affairs and the Indian Health Service don't pay full costs because they say they aren't given enough money by Congress. The issue will be considered by the U.S. Supreme Court this fall. Sen. Ben Nighthorse Campbell (R-Colorado) is sponsoring a bill to ensure that tribes are paid fully.

Get the Story:
'638' � hospitals: TC just 1 problem (The Gallup Independent 5/6)

Get the Bill:
Tribal Contract Support Cost Technical Amendments of 2004 (S.2172)

Hearing Testimony:
Written Statements | Real Video

Contract Support Cost Litigation:
Sonosky, Chambers, Sachse, Endreson & Perry

Lower Court Decisions:
Fed Circuit: Thompson v. Cherokee Nation (July 3, 2003) | 10th Circuit: Cherokee Nation v. Thompson (November 26, 2002) |

Relevant Documents:
Docket Sheet No. 03-853: Thompson v. Cherokee Nation | Docket Sheet No. 02-1472: Cherokee Nation v. Thompson | Department of Justice Petition No. 03-853 | Department of Justice Supplemental Brief No. 02-1472

Related Decisions:
9th Circuit: Shoshone-Bannock v. Thompson (October 16, 2001) | 9th Circuit: Navajo Nation v. HHS, No. 99-16129 (April 8, 2003)

Relevant Links:
Contract Support Costs, NCAI - http://www.ncai.org/main/pages/issues/
governance/contract_support.asp

Related Stories:
Campbell says agencies afraid of helping tribes (04/30)
Campbell bill to address contract support costs (4/28)
Supreme Court to resolve self-determination dispute (03/23)
Supreme Court weighs self-determination dispute (03/09)
Court rules tribe owed self-determination funds (07/07)
Appeals court turns down Navajo Nation again (04/09)
Court rebuffs tribes on contract funding dispute (11/27)
Navajo Nation challenges contract policy (10/04)