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NATION v. DEPT. OF HEALTH & HUMAN SERVICES

No. 99-16129.

285 F.3d 864 (2002)

Navajo NATION, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH & HUMAN SERVICES, Secretary, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission deferred December 6, 2000.

Resubmitted April 2, 2001.

Filed April 8, 2002.

Attorney(s) appearing for the Case

Thomas W. Christie, Assistant Attorney General, Navajo Nation, Window Rock, Navajo Nation (Arizona), for the plaintiff-appellant.

John S. Koppel, Appellate Attorney, Civil Division, Department of Justice, Washington, D.C., for the defendant-appellee.

Before B. Betty B. FLETCHER, Diarmuid F. O'SCANNLAIN, and Ronald M. GOULD, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge.

We must decide whether the Temporary Assistance for Needy Families program, administered by the Department of Health and Human Services, qualifies as a program "for the benefit of Indians because of their status as Indians" within the meaning of the Indian Self-Determination and Education Assistance Act.

I

In 1996, Congress passed the Personal Responsibility and Work Opportunity Reconciliation Act ("PRWORA...

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