BIA only partly met its burden of proof to clearly demonstrate the validity of the ground it cited for partially declining PITU’s proposal to contract the tribal realty program: that the amount of funds proposed under the contract is in excess of the applicable funding level for the contract. BIA did not clearly demonstrate that …
This matter is before me on cross motions for dismissal or for summary judgment. Appellant, Trenton Indian Service Area, is a tribal organization serving the members of the Turtle Mountain Band of Chippewa Indians living in six counties on either side of the border between Montana and North Dakota. Appellee, Billings Area Director, Indian Health …
2007- Trenton Indian Service Area v. Billings Area Director, Indian Health Service Read More »
The Indian Self-Determination and Education Assistance Act (“ISDA”), gives Indian tribes the option to contract with the Indian Health Service (“IHS”) to assume responsibility for the services IHS provides to Indian tribes. In return, the tribe receives the funds IHS would otherwise provide for the service. For many years the Yerington Paiute Tribe had been …
2007- Yerington Paiute Tribe v. Director, Indian Health Service Read More »
The Aleutian Pribilof Islands Association (APIA) seeks review of an August 31, 2006 Recommended Decision (Recommended Decision) issued by Administrative Law Judge (ALJ) Harvey C. Sweitzer, in this appeal brought under the Indian Self- Determination and Education Assistance Act (ISDA), 25 U.S.C. §§ 450 et seq. The Recommended Decision upheld a decision by the Bureau …
The Aleutian Pribilof Islands Association (APIA) has appealed a determination by the Bureau of Indian Affairs (BIA) to partially reject APIA’s proposed fiscal year (FY) 2006 Tribal Self-Governance Annual Funding Agreement (AFA). BIA rejected that portion of the AFA that proposed funding for performing activities under Section 14(h)(1) of the Alaska Native Claims Settlement Act …
