Judicial

The Appellant is the Walker River Paiute Tribe (“Walker River”), and the Appellee is the Area Director, Phoenix Area Indian Health Service (“PAIHS”). This appeal implicates PAIHS’ refusal to approve Walker River’s proposal dated September 19, 2013, for funding to operate a Contract Health Services (“CHS”) program under the auspices of the Indian Self-Determination and …

2014- Walker River Paiute Tribe v. Director, Phoenix Area Indian Health Service Read More »

This matter is before me on an appeal filed by the Apache Tribe of Oklahoma (the “Tribe”) from a Notice of Reassumption, issued February 10, 2011, by the Southern Plains Region Awarding Officer, Bureau of Indian Affairs (“BIA”), and concurred in by the Southern Plains Regional Director, BIA. The notice informed the Tribe that BIA …

2011- Apache Tribe of Oklahoma v. Southern Plains Regional Director, Bureau of Indian Affairs Read More »

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 …

2008- The Paiute Indian Tribe of Utah (PITU) v. Southern Paiute Agency Superintendent, Bureau of Indian Affairs Read More »

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 »