A view of the U.S. Supreme Court. File Photo © Indianz.Com
Tribal Chairmen challenge U.S. to be accountable
By Karin Eagle
Native Sun News Staff Writer SISSETON WAHEPETON — Taking a step towards holding the United States accountable, the Great Plains tribes, the Great Plains Tribal Chairman’s Association (GPTCA) is calling out the United States, Administration and Congress. The GPTCA calls on the government to reaffirm that it is the policy of the United States to promote Indian Self-Determination by ensuring that the Contract Support Costs (CSC) and Indirect Cost Rates (ICR) are fully budgeted for and funded. On June 18, the GPTCA met at the Sisseton Wahpeton Oyate Reservation to update and pass a resolution that states their official position regarding CSC. A first draft of the resolution was written in early February after a consultation with Michael Goss, one of the attorneys for the Salazar v. Ramah case. Salazar v. Ramah was a United States Supreme Court case in which the Court held that the United States government, when it enters into a contract with a Native American tribe for services, must pay contracts in full so long as funds are available, regardless of whether sufficient funds are available to pay all such contracts. This case was litigated over a period of 22 years, beginning in 1990, until it was finally decided in 2012. The Supreme Court also mandated a model contract be used reducing the Bureau of Indian Affair’s (BIA) ability to modify the contract terms. Immediately upon the Supreme Court Ruling, the Dept. of Interior (DOI) and the Dept. of Health and Human Services (HHS) stated they would fund CSC in full. DOI and HHS are conducting to see which program funds can be cut in order to CSC, which was addressed by the GPTCA in the resolution. The resolution determines that the tribes do not want the funds to pay back costs on CSC or future costs to come out of any program funds. Rather the GPTCA states that the funds to pay tribes must come out of judgment funds and not from programs “not adequately funded now.” In a written statement issued by the GPTCA to the tribal leaders involved in the association, the GPTCA says, “We must stand strong and together on this because Tribes were wronged in their Contract Costs for over 20 years. Tribes must have funds paid back and go forward with adequate contract support funding. It is understood that the Administration is conducting a survey now and attempting to take program funds to pay Contract Support Funds.” Below are excerpts from the official Resolution 2-6-18-14:
NOW THEREFORE BE IT RESOLVED that GPTCA calls upon the United States to immediately conclude the BIA statistical survey of indirect costs; BE IT FURTHER RESOLVED that GPTCA calls upon the United States to immediately pay 100% of past due Contract Support Costs for prior years for both the BIA and the IHS from the Judgment Fund; BE IT FURTHER RESOLVED that GPTCA calls the United States, the Administration and Congress to declare that the performance by Indian nations and tribes of governmental functions, services and programs under Indian Self-Determination Contracts and Self-Governance Compacts are essential to Indian Self-Determination, Indian Sovereignty, and tribal self-government, and to recognize that Indian nations and tribes are doing a good and cost effective job in implementing governmental functions, performing services and carrying out programs under Indian Self-Determination Contracts and Self-Governance Compacts; BE IT FURTHER RESOLVED that Contract Support Costs should be budgeted for in addition and independently of Indian Self-Determination Contract and Self-Governance Compact program funds, and Contract Support Costs should not be deducted from program funds; BE IT FURTHER RESOLVED that GPTCA calls upon the United States, Administration and Congress to reaffirm that it is the Policy of the United States to promote Indian Self-Determination and to budget for and fully fund Contract Support Costs and Indirect Cost Rates for Indian Self-Determination Contracts and Self-Governance Contracts for future years; and BE IT FURTHER RESOLVED that GPTCA calls upon the Senate Committee on the Judiciary, Senate Committee on Indian Affairs, House Resources Committee and House Judiciary Committee to conduct oversight hearings of Contract Support Costs payments and budgeting by the BIA, IHS and DOJ. BE IT FINALLY RESOLVED that this resolution shall be the policy of the Great Plains Tribal Chairman’s Association until it is withdrawn or modified by subsequent resolution. The GPTCA is made up of the 16 Tribal Chairmen, Presidents and Chairpersons in the states of North Dakota, South Dakota and Nebraska. The Tribal Leaders of the Sovereign Indian Nations meet quarterly to take action on various matters affecting the Tribes.The primary purpose of the GPTCA is to unify to defend the Tribes inherent rights under our Treaties, to come together in a forum to promote the welfare of the People, take up matters affecting the Tribes and to protect the Sovereignty of each Tribe. For more information about the GPTCA and the resolution addressing CSC, send emails to gptca.16@gmail.com. (Contact Karin Eagle at staffwriter@nsweekly.com) Copyright permission Native Sun News
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