Federal Circuit revives part of Samish Nation federal funds suit

Wednesday, September 21, 2011  

The Samish Nation of Washington can pursue damages for federal funds it was denied from 1969 through 1996, the Federal Circuit Court of Appeals ruled on Tuesday.

The Bureau of Indian Affairs left the tribe off the list of federally recognized entities in 1969. The tribe didn't regain its status until 1996 following years of litigation.

The tribe filed a damages case in the U.S. Court of Federal Claims for the federal funds it would have received but for the BIA's error. The most recent appeal centered on the tribal priority allocation (TPA) program and the Federal Revenue Sharing Act.

In a unanimous decision, the Federal Circuit ruled that the tribe can't pursue damages for money under the TPA program. The court said Congress has not created a fiduciary duty for the "internal" BIA method of allocating money to tribal governments.

"The annual Appropriations Acts and the statutes that establish programs supported by TPA funds do not impose any specific trust obligations on the Government beyond the general trust relationship that exists between the Government and the tribes," the court wrote.

However, the Federal Circuit said the tribe can continue under the Federal Revenue Sharing Act, which "distributed federal funds to state and local governments, including Indian tribes and Alaskan native villages." The Court of Claims was ordered to take another look at the case.

Federal Circuit Decision:
Samish Indian Nation v. US (September 20, 2011)

Prior Federal Circuit Decision:
Samish Indian Nation v. United States (August 19, 2005)