Law

Supreme Court agrees to take up self-determination dispute





The U.S. Supreme Court on Friday agreed to hear a self-determination case at the urging of the Obama administration.

The Indian Self-Determination and Education Assistance Act authorizes tribes and Alaska Native entities to enter into contacts to manage federal programs. The law requires the government to pay for the cost of the program, along with "contract support costs."

Congress, however, has failed to provide enough appropriations to cover the contract support costs. As a result, agencies like the Indian Health Service and the Bureau of Indian Affairs have refused to fully fund all of the contracts.

Tribes have ended up in court to reclaim the money they are owed. In Salazar v. Ramah Navajo Chapter, a class action, the 10th Circuit Court of Appeals ruled that the Bureau of Indian Affairs must pay the funds.

The Supreme Court will now consider whether the 10th Circuit was wrong. The Ramah case was accepted without comment in an order list.

The outcome will affect other pending cases, including Arctic Slope Native Association v. Sebelius, which involved an IHS contract.

Get the Story:
Tribes' Call for More U.S. Funds Goes to High Court (Courthouse News Service 1/9)

10th Circuit Decision:
Ramah Navajo Chapter v. Salazar (May 9, 2011)

Related Stories:
Supreme Court puts off action on self-determination litigation (11/28)
10th Circuit sides with tribes on self-determination contracts (5/9)

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