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COOK INLET TREATY TRIBES v. SHALALA

No. 97-35254.

166 F.3d 986 (1999)

COOK INLET TREATY TRIBES; Chickaloon Native Village; Eklutna Native Village; Ninilchik Native Village; Seldovia Village Tribe; and Knik Tribe, Plaintiffs-Appellants, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee, and Southcentral Foundation; and Cook Inlet Region, Inc., Intervenors-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 28, 1999.

Attorney(s) appearing for the Case

David S. Case, Copeland, Landye, Bennett and Wolf, Anchorage, Alaska, for the plaintiffs-appellants.

Andrew C. Mergen, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for defendant-appellee Donna E. Shalala, Secretary of Health and Human Services.

Barbara E. Karshmer, Alexander and Karshmer, Berkeley, California, for the intervenors-defendants-appellees.

Before: REAVLEY, GRABER, and McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge:

The central question in this case is whether a health services compact administered by an Alaska Native Regional Corporation under the Indian Self-Determination and Education Assistance Act ("ISDEA"), 25 U.S.C. §§ 450a-450n, requires the approval of Alaska Native villages that are neither parties to the compact nor situated within the specific area serviced under the compact. As to the parties here, Congress answered this question...

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