The
U.S. Supreme Court
heard arguments in
Salazar v.
Ramah Navajo Chapter, a self-determination case, this morning
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.
The case today involves a class action filed by tribes against the BIA.
The
10th Circuit Court of
Appeals ruled that the agency must fund the contract support costs.
"[Congress was] trying to tell the tribes, we are honoring our obligation by paying you the costs, but we are really not going to do it because we are going to let the
government give you less?" observed Justice Sonia Sotomayor, according to the
transcript of the hearing.
A decision is expected this summer.
10th Circuit Decision:
Ramah
Navajo Chapter v. Salazar (May 9, 2011)
Related Stories:
Supreme Court set for hearing in
self-determination case (4/16)
Supreme Court agrees
to take up self-determination dispute (01/09)
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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