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SHOSHONE-BANNOCK TRIBES OF FORT HALL v. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES

Nos. 98-36022, 99-35951.

269 F.3d 948 (2001)

SHOSHONE-BANNOCK TRIBES OF THE FORT HALL RESERVATION, Plaintiff-Appellee, v. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Tommy G. Thompson; Indian Health Services, United States Department Health & Human Services; Michael H. Trujillo, Director of Indian Health Service, United States Department of Health & Human Services; Douglas Black, Director of Office of Tribal Activities, Indian Health Service; James R. Floyd, Portland Area Director, Indian Health Service, United States Department of Health & Human Services, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 16, 2001.

Attorney(s) appearing for the Case

Jeffrica Jenkins Lee, Department of Justice, Washington, D.C., for the appellants.

Lloyd Benton Miller, Sonosky, Chambers, Sachse, Miller & Munson, Anchorage, Alaska, for the appellees.

Before: KOZINSKI and KLEINFELD, Circuit Judges, and SCHWARZER, District Judge.

Argued and Submitted September 14, 2000 — Portland, Oregon.

KLEINFELD, Circuit Judge:

This case construes an appropriation made under the Indian Self-Determination and Education Assistance Act. We hold that the agency's interpretation of the congressional appropriation of funds was consistent with congressional intent and reverse the district court's award of additional funding for contract support costs.

Facts

Under the Indian Self...

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