your internet resource on facebook on twitter on Google+ on soundcloud
phone: 202 630 8439
Indian Law Online Master Degree - University of Tulsa College of Law
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Jay Daniels: BIA still failing to provide contract support costs

Filed Under: Opinion
More on: bia, jay daniels, self-determination

"Sitting here at 1:00 AM just wondering what this year, 2013, will bring to Indian Country. Currently watching the Senate vote on the budget deal and it’s apparent that Indian Country will lose no matter what the outcome is.

Why? Don’t even consider how it impacts every American in terms of economic impact, and Indian Counry for the same reasons. Because in Salazar, Secretary of the Interior, et al. v. Ramah Navajo Chapter, et al., No. 11–551. Argued April 18, 2012—Decided June 18, 2012, the U.S. Supreme Court Held: The Government must pay each Tribe’s contract support costs in full. That conclusion followed directly from well-established principles of Government contracting law: When a Government contractor is one of several persons to be paid out of a larger appropriation sufficient in itself to pay the contractor, the Government is responsible to the contractor for the full amount due under the contract, even if the agency exhausts the appropriation in service of other permissible ends. This case involved Indian tribes that sued the government because it did not pay all of the costs it had promised to cover when the two sides made their deal for the tribe to provide education and other government-like functions for their members.

The Indian Self-Determination and Education Assistance Act (“ISDA”) requires that if the United States enters into self determination contracts with Indian tribes and tribal organizations “for the planning, conduct and administration of programs or services which are otherwise provided to Indian tribes and their members pursuant to Federal law.” 25 U.S.C. § 450b(j), the agreements must include contract support costs (“CSCs”) which are the “reasonable costs for activities that must be carried on by a tribal organization as a contractor to ensure compliance with the terms of the contract and prudent management.” 25 U.S.C. § 450j-1(a)(2)."

Get the Story:
Jay Daniels: Better save some of your Cobell, Tribal Trust, and Keepseagle Settlement money (Round House Talk 1/1)

Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Supreme Court agrees to hear Omaha Reservation boundary case (10/2)
BIA proclaims another 104 acres as reservation of Shakopee Tribe (10/2)
Native Sun News: Court hears case over soil farm near Pine Ridge (10/2)
Clara Caufield: The ups and downs of growing up as a 'half-breed' (10/2)
Steven Newcomb: Doctrine of domination hinders tribal land claim (10/2)
Ian Zabarte: Western Shoshone territory in Nevada is not for sale (10/2)
Sam Campbell: Catholic Church continues to celebrate genocide (10/2)
Maia Szalavitz: Stereotypes about Native Americans and alcohol (10/2)
Dartmouth removes director of Native program after controversy (10/2)
Guilty pleas for shootings of Indian men in Wyoming border town (10/2)
Santa Clara Pueblo seeks payment for use of land for utility lines (10/2)
Chairman of Mashantucket Tribe seeks another term on council (10/2)
Pro and Con: Lytton Band land-into-trust and development plan (10/2)
Chukchansi Tribe heads to vote as casino closure hits one year (10/2)
Spokane Tribe still waiting for answer on off-reservation casino (10/2)
Coquille Tribe awaits next step in bid for off-reservation casino (10/2)
Ione Band of Miwok Indians continues with long quest for casino (10/2)
Cobell scholarship fund now boasts nearly $30M from settlement (10/1)
Changes to Navajo Nation water rights settlement signed into law (10/1)
Alaska Native health corporation secures transfer of IHS property (10/1)
Judge rejects challenges to Ione Band land-into-trust application (10/1)
Native Sun News: Lakota Code Talker captured Nazi flag in WWII (10/1)
Doug George-Kanentiio: Onondaga Nation brings honor to us all (10/1)
Ivan F. Star Comes Out: Tribes paid dearly for all that 'free' stuff (10/1)
Flandreau Santee Sioux Tribe reports strong interest in pot resort (10/1)
Native alumni at Dartmouth seek removal of Native program hire (10/1)
IBIA rejects challenge to Grand Traverse Band land-into-trust bid (10/1)
DOJ audit slams handling of $70M in grants for Navajo Nation jails (10/1)
Ute Tribe and states win injunction against new BLM fracking rule (10/1)
Heather Denkmire: State tries to take river from Penobscot Nation (10/1)
Authorities investigate deaths on Northern Cheyenne Reservation (10/1)
President Obama signs bill to fund government thru December 11 (10/1)
Republican Jeb Bush defends racist name of Washington NFL team (10/1)
Connecticut tribes release request for proposals for a new casino (10/1)
Poarch Creeks meet for mediation session in casino tax dispute (10/1)
Eastern Cherokees bring gaming market a little closer to Atlanta (10/1)
Editorial: Dry Creek Rancheria casino still a threat to community (10/1)
House subcommittee embraces two tribal federal recognition bills (9/30)
Shinnecock Nation welcomes Secretary Jewell on key anniversary (9/30)
Jeb Bush wants tribes and states to control energy development (9/30)
Senate Committee on Indian Affairs schedules hearing on energy (9/30)
Former Indian Affairs attorney at Interior Department joins firm (9/30)
National Indian Gaming Commission finally sees another member (9/30)
Native Sun News: Agency in South Dakota hires first tribal liaison (9/30)
Native Sun News: Lakota blues player opens South Dakota festival (9/30)
Jay Daniels: Tribal news requires the negative as well as positive (9/30)
Steve Russell: Religious fundamentalism courtesy of county clerk (9/30)
Colville Tribes weigh amendment for small amounts of marijuana (9/30)
Saginaw Chippewa Tribe raids marijuana operation on reservation (9/30)
Tulalip Tribes man convicted for buying guns despite court order (9/30)
Congress set to pass measure to avert shutdown of government (9/30)
Colombian tribe still struggling after being forced out of homeland (9/30)
Tribal communities in Nicaragua disrupted by influx of newcomers (9/30)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.