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CHEROKEE NATION OF OKLAHOMA v. THOMPSON

No. 01-7106.

311 F.3d 1054 (2002)

CHEROKEE NATION OF OKLAHOMA; Shoshone-Paiute Tribes of the Duck Valley Reservation, Plaintiffs-Appellants, v. Tommy G. THOMPSON, Secretary of Health and Human Services; Michael H. Trujillo, Director of the Indian Health Service, United States Department of Health and Human Services, Defendants-Appellees. Alamo-Navajo School Board; Bristol Bay Area Health Corporation; Lac Courtes Orielles Band of Lake Superior Chippewa Indians; Ramah Navajo Chapter; Oglala Sioux Tribe; Ramah Navajo School Board, Inc., Amici Curiae.

United States Court of Appeals, Tenth Circuit.

November 26, 2002.

Attorney(s) appearing for the Case

Lloyd Benton Miller (William R. Perry, Melanie B. Osborne with him on the briefs), Sonosky, Chambers, Sachse, Miller & Munson, Anchorage, AK, for Plaintiffs-Appellants.

Jeffrica Jenkins Lee, Attorney, Civil Division, United States Department of Justice, Washington, DC (Robert D. McCallum, Jr., Assistant Attorney General, Washington, DC; Sheldon J. Sperling, United States Attorney, Muskogee, OK; and Barbara C. Biddle, Attorney, Civil Division, United States Department of Justice, Washington, DC, with her on the briefs), for Defendants-Appellees.

Marsha Kostura Schmidt, Hobbs, Straus, Dean & Walker, LLP, Washington, DC, filed an amici brief on behalf of Alamo-Navajo School Board, Bristol Bay Area Health Corporation, and LAC Courtes Orielles Band of Lake Superior Chippewa Indians.

Michael P. Gross, M.P. Gross & Associates, P.C., Santa Fe, NM, and C. Bryant Rogers, Roth, VanAmberg, Rogers, Ortiz, Fairbanks & Yepa, LLP, Santa Fe, NM, filed an amici brief on behalf of Ramah Navajo Chapter, Oglala Sioux Tribe, and Ramah Navajo School Board, Inc.

Before MURPHY, ANDERSON, and BALDOCK, Circuit Judges.

ANDERSON, Circuit Judge.

This case involves the adequacy of funding provided by the United States to plaintiffs, two Native American Tribes, for their performance of contracts operated under the Indian Self-Determination and Education Assistance Act. The Tribes appeal the grant of summary judgment to the United States. We affirm.

BACKGROUND

Under the Indian Self-Determination and Education Assistance Act ("ISDA"), 25 U.S.C. §§ 450-450(n...

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